Shire of Kent Cemeteries Local Law 2023
Div 3Vehicle crossovers
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Division 3—Vehicle crossovers Temporary crossovers (1) Where it is likely that works on a lot will involve vehicles leaving a thoroughfare and entering the lot, the person responsible for the works shall obtain a licence for the construction of a temporary crossover to protect the existing carriageway, kerb, drains, footpath, existing materials and street trees, where— (a) a crossover does not exist; or (b) a crossover does exist, but the nature of the vehicles and their loads is such that they are likely to cause damage to the crossover. (2) The person responsible for the works in subclause (1) is to be taken to be— (a) the builder named on the building permit issued under the Building Act 2011, if one has been issued in relation to the works; or (b) the owner of the lot, if no building permit has been issued under the Building Act 2011 in relation to the works. (3) If an authorised person approves an application for a licence for the purpose of subclause (1), the licence is taken to be issued on the condition that until such time as the temporary crossover is removed, the licence holder shall keep the temporary crossover in good repair and in such a condition so as not to create any danger or obstruction to persons using the thoroughfare. Removal of redundant crossover (1) Where works on a lot will result in a crossover no longer giving access to a lot, the crossover is to be removed and the kerb, drain, footpath, verge and any other part of the thoroughfare affected by the removal are to be reinstated to the satisfaction of an authorised person. (2) An authorised person may give written notice to the owner or occupier of a lot requiring her or him within the period of time stated in the notice to— (a) remove any part of or all of a crossover which does not give access to the lot; and (b) reinstate the kerb, drain, footpath, verge and any other part of the thoroughfare, which may be affected by the removal. Crossovers in unsafe locations (1) Where a crossover is in an unsafe location, the local government may give notice to the owner or occupier to— (a) remove the crossover; or (b) make the crossover safe. (2) In determining whether the crossover is in an unsafe location, the local government shall have regard to— (a) any guidelines or advice Main Roads Western Australia sought or published from time to time; (b) the usage of the thoroughfare; and (c) alternative treatments available to make the crossover safe. (3) Any notice issued under subclause (1) is to give a minimum period of 28 days to remove or make the crossover safe, provided immediate measures are taken to advise users of the thoroughfare of the circumstances deemed unsafe. ACTIVITIES IN PUBLIC PLACES Leaving animal or vehicle in public place (1) A person shall not leave an animal or a vehicle, or any part of a vehicle, in a public place so that it obstructs the use of any part of that public place, unless that person has first obtained a licence or is authorised to do so under a written law. (2) A person does not contravene subclause (1) where the animal is secured or tethered for a period not exceeding 1 hour. (3) A person does not contravene subclause (1) where the vehicle is left for a period not exceeding 24 hours. Prohibitions relating to animals (1) In this clause, owner in relation to an animal includes— (a) an owner of it; (b) a person in possession of it; (c) a person who has control of it; and (d) a person who ordinarily occupies the premises where the animal is permitted to stay. (2) An owner of an animal shall not— (a) allow the animal other than a cat to enter or remain for any time on any public place except for the use of the public place as a thoroughfare and unless it is led, ridden or driven; (b) allow an animal which has a contagious or infectious disease to be led, ridden or driven in a public place; or (c) train or race the animal in a public place.