4228GOVERNMENT GAZETTE, WA 1 August 2017

4228 GOVERNMENT GAZETTE, WA 1 August 2017 2.2 Nuisance A person shall not provide or conduct any amusement on land so as to create or be a nuisance to any owner or occupier of land in the district. 2.3 Abatement by authorized person Subject to Subdivision 3 of Division 3 of Part 3 of the Act, an authorized person may enter on any land where an amusement is provided or conducted and may do any act or thing reasonably required to abate a nuisance referred to in clause 2.2. Division 2—Light 2.4 Emission or reflection of light (1) Where artificial light is emitted or reflected from anything on a lot so as to illuminate land outside the lot to more than 50 lux, then every owner and occupier of the lot commits an offence. (2) Where natural light is reflected from anything on a lot so as to create or be a nuisance to any— (a) owner or occupier of land; or (b) person using a thoroughfare as a thoroughfare, then every owner and occupier of the lot commits an offence. 2.5 Use of floodlights An owner or occupier of a lot on which floodlights or other exterior lights are erected or used shall not allow the floodlights or other exterior lights to shine directly onto an adjoining lot. 2.6 Notice The local government may give a notice to the owner or occupier of a lot— (a) requiring that any reflective surfaces creating a nuisance within clause 2.4(2) be painted or otherwise treated so as to abate the nuisance; and (b) on which floodlights or other exterior lights are erected, requiring that— (i) the hours of use of the lighting be limited to the hours specified in the notice; or (ii) the direction in which the lights are shining be altered as specified in the notice. Division 3—Parking of livestock trucks 2.7 Livestock trucks (1) A person shall not park a vehicle containing livestock in a townsite for a period in excess of 30 minutes. (2) A person shall not park a vehicle which contains or has been used for the carriage of livestock so as to create or be a nuisance to any person, by reason of the odour emanating from the vehicle. (3) If a person parks a vehicle containing livestock in a townsite under and in accordance with subclause (1), then the person does not contravene subclause (2). Division 4—Truck noise from residential land 2.8 Truck noise from residential land (1) A person shall not start or drive a truck on land zoned, approved or used for residential purposes between the hours of 11pm and 7am on the following day without first obtaining the written consent of the local government. (2) In this clause, a truck means a vehicle having a tare in excess of 2,000 kgs. PART 3—DISPOSING OF DISUSED REFRIGERATORS 3.1 Disposing of disused refrigerators or similar containers A person shall not place, leave or dispose of a disused refrigerator, ice-chest, ice-box, trunk, chest or other similar article having a compartment which has a capacity of 0.04 cubic metres or more on any land without first— (a) removing every door and lid and every lock, catch and hinge attached to a door or lid; or (b) rendering every door and lid incapable of being fastened. PART 4—OBJECTIONS AND APPEALS 4.1 Application of Part 9 Division 1 of the Act When the local government makes a decision under clause 2.6 or 2.8 (1) the provisions of Division 1 of Part 9 of the Act and regulations 33 of the Regulations apply to that decision. PART 5—ENFORCEMENT 5.1 Offence to fail to comply with notice Whenever the local government gives a notice under this local law requiring a person to do any thing, if a person fails to comply with the notice, that person commits an offence.