Part 10Nuisances and annoyances

Part 10—Nuisances and annoyances 50—Unlawfully ringing doorbells A person who, without reasonable excuse, disturbs another by wilfully pulling or ringing the doorbell of a house or by knocking at the door of a house is guilty of an offence. 51—Throwing missiles (1) A person who, without lawful excuse, throws a missile intending to— (a) injure, annoy or frighten any person; or (b) damage any property, (2) A person who, without lawful excuse, throws a missile and who is reckless as to whether that act— (a) injures, annoys or frightens, or may injure, annoy or frighten, any person; or (b) damages, or may damage, any property, (3) In proceedings for an offence against this section, it is not necessary for the prosecution to establish that a person was, in fact, injured, annoyed or frightened or that property was, in fact, damaged (as the case requires) by the defendant's act. reckless—a person is reckless as to whether an act injures, annoys or frightens, or may injure, annoy or frighten any person, or damages or may damage any property, if the person— (a) is aware of a substantial risk that the act could injure, annoy or frighten any person or damage any property; and (b) does the act despite the risk and without adequate justification; throw includes to discharge or project by means of any mechanism or device. 52—Throwing fireworks A person who throws, sets fire to or explodes a firework or explosive material so as to injure, annoy or frighten, or be likely to injure, annoy or frighten, persons in any public place is guilty of an offence. 53—Playing games so as to cause damage (1) A person who, in a public place or in a place adjacent to a public place, plays any game so as to injure, or be likely to injure, persons in a public place, or so as to damage, or be likely to damage, property, is guilty of an offence. (2) This section does not apply to the playing of a game on an oval, court or other ground constructed for the purpose of such a game. 54—Emitting excessive noise from vehicle by amplified sound equipment or other devices (1) If excessive noise is emitted from a vehicle by amplified sound equipment or other devices, a police officer may— (a) require the vehicle to stop; and (b) require the driver and any other occupant of the vehicle to state his or her full name and address; and (c) issue, in writing, a direction to the driver and any other occupant of the vehicle to immediately abate the excessive noise. (2) A police officer who issues a direction to a person under subsection (1), must advise the person that, during the period of 6 months after the issue of the direction, it is an offence to cause or allow excessive noise to be emitted from a vehicle driven or otherwise occupied by the person by amplified sound equipment or other devices. (3) Noise emitted from a vehicle is excessive for the purposes of this section if it is such as is likely to unreasonably disturb persons in the vicinity of the vehicle. (4) If a police officer suspects on reasonable grounds that a name or address as stated in response to a requirement under subsection (1)(b) is false, he or she may require the person making the statement to produce evidence of the correctness of the name or address as stated. (5) A person who— (a) refuses or fails to comply with a requirement under subsection (1)(a) or (1)(b) or subsection (4); or (b) in response to a requirement under subsection (1)(b) or subsection (4)— (i) states a name or address that is false; or (ii) produces false evidence of his or her name or address, Maximum penalty: $1 250 or imprisonment for 6 months. (6) A person who refuses or fails to comply with a direction under subsection (1)(c) is guilty of an offence. (7) A person who has been issued with a direction under subsection (1)(c) must not, during the period of 6 months after the issue of the direction, cause or allow excessive noise to be emitted from a vehicle driven or otherwise occupied by the person by amplified sound equipment or other devices. (8) In any proceedings for an offence against this section where it is alleged that excessive noise was emitted from a vehicle, evidence by a police officer that he or she formed the opinion based on his or her own senses that the noise emitted from a vehicle was such as was likely to unreasonably disturb persons in the vicinity of the vehicle constitutes proof, in the absence of proof to the contrary, that the noise was excessive. 56—Depositing or leaving dead animals in streets etc A person who deposits the carcass of an animal, or leaves the carcass of an animal, belonging to the person upon— (a) a street, road or other thoroughfare; or (b) a public park or reserve; or (c) land or premises abutting any such place as is mentioned in paragraph (a) or (b), to the annoyance of persons in any such place, land or premises is guilty of an offence. 57—Depositing rubbish on land (1) A person who deposits rubbish on land without the consent of the owner or occupier or other lawful authority is guilty of an offence. (2) The court by which a person is found guilty of an offence against subsection (1) may, whether or not a fine is imposed, order the person to remove, within the time specified by the court, the rubbish from the land on which it was deposited. (3) If a person makes default in complying with an order under subsection (2)— (a) the person is guilty of an offence and liable to a maximum penalty of $125; and (b) the court may order the person to pay to the owner or occupier of the land the cost of removing the rubbish. land includes roads, streets and other public places, as well as private land; rubbish includes soil, stone, rubble, animal or vegetable matter and other debris, waste or refuse. 58—Obstruction of public places (1) Subject to subsection (2), a person who intentionally obstructs the free passage of a public place is guilty of an offence. Maximum penalty: $50 000 or imprisonment for 3 months. (1a) A person may be found guilty of an offence against this section whether the person's conduct directly or indirectly obstructed the free passage of a public place. For example, a person's conduct may be found to have indirectly obstructed the free passage of a public place if it was reasonably necessary for a relevant entity to restrict access to the public place in order to safely deal with the person's conduct. (1b) A court finding a person guilty of an offence against this section may, on application by the prosecutor, order the defendant to pay the reasonable costs and expenses of any action taken by a relevant entity for the purposes of dealing with the obstruction caused by the defendant. (1c) In any proceedings for an offence against this section, a certificate apparently signed by the chief officer of the relevant entity certifying the costs and expenses of action taken by the relevant entity for the purposes of dealing with the obstruction caused by the defendant is, in the absence of proof to the contrary, to be accepted as proof of the costs and expenses so incurred. (1d) An amount ordered to be paid by the defendant under subsection (1b) must be paid to the Treasurer in aid of the Consolidated Account. (2) This section does not prohibit a person from, or restrict a person in, the exercise of rights arising by reason of a legal or equitable interest that the person has in property constituting, or forming part of, a public place. chief officer of a relevant entity means— (a) in the case of SA Police—the Commissioner; or (b) in the case of an emergency services organisation—the person defined as the Chief Officer of the emergency services organisation under the Fire and Emergency Services Act 2005; or (c) in any other case—the person prescribed by the regulations; emergency services organisation has the same meaning as in the Fire and Emergency Services Act 2005; relevant entity means any of the following: (a) SA Police; (b) an emergency services organisation; (c) a person or body prescribed by the regulations. 58A—Objectionable persons in public passenger vehicles (1) The driver or conductor of a public passenger vehicle or a police officer may request a person to leave the vehicle if— (a) before, or at the time when, the person entered the vehicle he or she was informed by the driver or conductor that it was fully loaded with passengers; or (b) the person, being under the influence of intoxicating liquor, is causing, or is likely to cause, annoyance to any passenger in the vehicle; or (c) the person's attire or person soils or damages, or is likely to soil or damage, any part of the vehicle or the attire or belongings of any such passenger; or (d) the person acts in a noisy, violent or abusive manner, or uses obscene or indecent language, or consumes intoxicating liquor, in the vehicle, after having been requested to cease doing so. (2) A person who, upon being requested to depart from the vehicle, fails to comply with the request forthwith, is guilty of an offence. (3) A person who, upon being so requested, fails to comply with the request may be removed from the vehicle by the driver, conductor or police officer and any person or persons whom the driver, conductor or officer may call to assist. (4) The driver, conductor or police officer may require a person who fails to comply with the request to state his or her correct full name and correct address and a person who fails to comply with that requirement forthwith is guilty of an offence. (5) If the driver, conductor or police officer has reasonable cause to suspect that the name or address stated by the person is incorrect or false in any particular, the person must, if required to do so by the driver, conductor or officer, produce evidence of the correctness of the name or address so stated. (6) Any such person who produces false evidence with respect to his or her name or address is guilty of an offence. 58B—Sale of certain refrigerators etc (1) A person must not sell or hire, or offer or expose for sale or hire, a refrigerator, ice chest or icebox having in it a compartment of a capacity of 42.5 litres or more unless that compartment is so constructed or equipped that every door or lid can be opened easily from the inside of the compartment when any lock or catch that can be operated from the outside of the compartment is fastened. (2) In a prosecution for an offence against subsection (1), it is a defence if the defendant proves that the refrigerator, ice chest or icebox with respect to which the offence is alleged to have been committed was manufactured in, or imported into, the State before 1 January, 1962. (3) A person must not place any of the following articles, that is to say, a refrigerator, ice chest, icebox, article of furniture, trunk or other similar article upon any dump, tip, sanitary depot, public reserve, public place or unfenced vacant land if that article has in it a compartment of a capacity of 42.5 litres or more unless, before so placing that article, that person has removed from the compartment every door and lid, or their locks and hinges, or has otherwise rendered every such door and lid incapable of being fastened, but a person is not prevented by this subsection from placing any such articles upon a public reserve, public place or unfenced vacant land for his or her own use while residing on that public reserve, public place or unfenced vacant land. (4) After the making of regulations for the purposes of this subsection, a person must not, except as prescribed, sell or hire, or offer or expose for sale or hire, any prescribed domestic or commercial appliance, equipment, container or other article which is of such a kind, or is so constructed, that it might be dangerous to young children.