Part 10 - Cultural and Recreational Facilities
2008
Explanatory Notes
The objective of this bylaw is to provide for the
full and proper use and enjoyment by the public of the cultural
and recreational facilities and services provided by the council and
located within the district. These facilities include public
libraries, public swimming pools, the Art Gallery and the Zoological
Park and any other facility, which the council by resolution states
shall be subject to the provisions of this bylaw.
A range of measures are contained within the bylaw
to prevent the abuse and misuse of the facilities and the resources
contained within them. Controls on disorderly behaviour, smoking, liquor
and food consumption and substance abuse within the premises are also
prescribed.
The bylaw provides for the council to set hours
of opening, the fixing of fees and charges for admission and
services, and any associated conditions applicable.
For additional information relating to public pools,
refer to the Bathing, Health and Beauty bylaw, which outlines
requirements expected of public pools in terms of maintaining pool water
quality.
Notes in italics are not parts of this bylaw, but
are intended to explain the contents of the bylaw or give further
information on matters within the bylaw.
Contents
10.1 General
10.2 General Requirements
10.3 Conduct
10.4 Additional Requirements in Respect of Public Libraries
10.5 Additional Requirements in Respect of Zoological
Gardens
10.6 Additional Requirements in Respect of Swimming Pools
10.1 General
10.1.1
In this bylaw:
Book includes magazine, newspaper, periodical, pamphlet,
manuscript or any other article of a similar nature or any part thereof
respectively, which is the property of the council or under its control.
Borrower means any person to whom the council has
by registration or otherwise granted any licence or privilege to borrow
from a library.
Cultural or Recreational Facility or Facility means
any swimming pool, museum, art gallery, hall, zoological garden, or
golf course under the ownership or control of the council and includes
any other recreational or cultural facility, which the council by resolution
from time to time declares to be governed by this bylaw.
Document means any map, chart, plan, picture, engraving,
etching, print, photograph, photographic or negative film, software
programme, photocopy, broadsheet, card, cutting, children's game or
toy, video tape, piece of music, record, cassette or sound recording,
microfilm, or other article of a similar nature which is the property
of the council or under its control.
Item means any 'book' or 'document' as defined by
this clause, or any object that belongs to the library that can be used
by or lent to members.
Librarian includes any person for the time being appointed
to control or manage or to assist in the control and management of a
library or any part thereof.
Library means any library established and carried
on for the time being by the council for use by the public or any section
of the public, and includes every portion of any building used for such
purposes, and includes a mobile library.
Manager means the appointed manager of any cultural
or recreational facility and includes his or her appointed deputy or
any other officer authorised to carry out any functions of the manager.
Member or membership means any person or organisation
to whom council has by registration or otherwise granted membership
for the purpose of providing access to library services.
Mind-Altering Substance means a substance whether
synthetic or naturally occurring which may alter consciousness, mood
or emotions, or which might intoxicate or induce pleasurable sensations.
It includes what is known as "glue sniffing," but does not include:
- A medically prescribed substance used
by a person for whom the substance was prescribed;
- A substance lawfully obtained without a
medical prescription, for personal use by the person using such substance,
provided that the substance is normally used for treating a medical
condition from which the person is suffering;
- Tobacco unless the tobacco contains mind
altering substances other than nicotine or any other ingredients normally
found in tobacco products;
- Liquor as defined in the Sale of Liquor
Act 1989.
Pool means any swimming pool under the control of
the council for the use of the public, and includes all buildings and
surrounds of the swimming pool.
Zoo means any zoological park operated by the Auckland
City Council
10.1.2
Other definitions may be found in council's
Administration Bylaw.
10.2 General Requirements
10.2
The council may by resolution:
- Establish and fix fees for admission
to or use of any facility or part of such facility;
- Fix fees for the borrowing or lending of
any item from any facility, and for their late return;
- Determine the times that facilities or any
parts thereof shall be open to the public;
- Generally make any rules for the proper
control, operation and management of any cultural or recreational facility,
as it considers appropriate.
10.3 Conduct
10.3.1
No person shall:
- Pollute, damage or interfere with any
facility or deface or disfigure any surface, structure, or exhibit within
a facility;
- Fail to comply with all reasonable requests
of any officer of the council or appointee of council on duty at the
facility;
- Smoke or consume food or partake of any
drink within a facility except in areas where this is specifically permitted;
- Consume any intoxicating liquor, except
in areas set apart for the purpose, or at an authorised function;
Substance abuse
- Consume, inject or inhale any mind-altering
substance (often known as "substance abuse") or offer or sell such substance
to any person;
- Permit any animal under their control or
ownership to enter a facility, provided disability assist dogs may be
permitted to enter;
- Enter a restricted area or an area set apart
for staff at or in a facility without permission of a staff member;
- At or in a facility deposit or throw any
litter, or any substance or article that is likely to be of a dangerous
or offensive nature except in a place or receptacle provided for that
purpose;
- Behave in any way that could interfere with
or prevent another person's enjoyment of the facility.
10.3.2
Any person who in the opinion of the manager
is not in a fit state to be admitted shall not enter, or having entered,
shall leave a facility when requested to do so by the manager.
10.3.3
Any person who in the opinion of the manager:
- Is contravening or has contravened
any of the provisions of this bylaw or any rules made pursuant to this
bylaw; or
- Is not a bona fide user of the facility
for the purpose for which it is intended; or
- Has acted in an unlawful or disorderly manner
in or on a cultural or recreation facility;
shall upon the request of the manager immediately
leave and the person shall be liable to be prosecuted for any contravention
of the bylaw or rules.
10.3.4
A failure to leave when so requested by
a manager of the facility shall amount to a further offence against
this bylaw.
10.3.5
A manager may exclude any person requested to leave
a facility from the facility permanently or for such time as the manager
shall think fit.
10.3.6
Any person excluded in accordance with
clause 10.3.5 may appeal in writing against the exclusion
to the council or any committee to which the council has delegated an
appeal function for the purpose of this bylaw and shall be given the
right of appearing and presenting a case against the exclusion before
the council or committee should the person so request. The council
or committee as the case may be after considering the appeal may uphold,
extend, remove or modify the exclusion as it sees fit.
10.3.7
The council may restrict access by the
public to certain areas of a facility at specified times for the private
use of a particular organisation or for the holding of a private function.
10.4 Additional Requirements in Respect of Public Libraries
Applications for membership
10.4.1
Every person or organisation who pays rates,
rent, or who resides in the district, and who completes the library's
membership requirements, shall be entitled to membership and to take
out items without the payment of a fee. Notwithstanding the aforesaid,
the libraries may impose borrowing charges for some items.
Granting free membership for young people
10.4.2.
A librarian may grant free membership
to any person up to the age of eighteen years who resides outside the
district, but who attends a school or kura kaupapa in the district.
Children's borrowing
10.4.3
Any person under the age of eighteen shall
have a membership form completed on their behalf by a parent or guardian.
Such parent or guardian shall thereafter be responsible for all items
borrowed by that person.
Unqualified borrowing
10.4.4
Any person who does not qualify under clause 10.4.1 to free membership of the library may
obtain membership on completion of an application form and payment of
a fee, providing such person produces some suitable forms of personal
identification.
Issue of membership card
10.4.5
A librarian shall (subject to the provisions
of clause 10.4.1, 10.4.2, 10.4.3, and 10.4.14 hereof) issue to each applicant a membership
card.
Use of membership card
10.4.6
Only the library member or a person duly
authorised by the member shall make use of a membership card. Any person
not authorised who makes use of a membership card commits an offence
against this bylaw. The membership card must be presented for the receipt
of services.
Change of address
10.4.7
Every member shall promptly notify the
library of any change of address or contact information.
Borrowing of reference items
10.4.8
No person shall be entitled as of right
to borrow any item specified as a reference item. A librarian may however
permit a reference item to be borrowed by any member, subject to any
conditions laid down.
10.4.9
The borrower of any item before leaving
the library shall have the item formally issued to them.
Unauthorised Taking of Items
10.4.10
No person (other than as a borrower) shall
take or attempt to take any item or other article from a library.
10.4.11
No person shall knowingly pawn, sell
or purchase or secure the advance of money on any item that is the property
of the council or attempt to do so.
Damage to Items
10.4.12
If any item is lost, or returned in a
damaged or defaced condition, the borrower shall pay to the council
a sum of money as will replace that item or pay full compensation for
any damage or loss incurred by the council. An item may be deemed lost
by a librarian one month after the date on which it was due to be returned
to the library.
10.4.13
If a lost item is subsequently found and
returned within two years of the date of borrowing, a refund of all
or part of the charge made for the loss may be paid to the borrower
at the discretion of a librarian.
Money owing
10.4.14
No person owing any money to the council
in connection with any library service shall take out or borrow any
item. A librarian may suspend access to library services for all persons
for whom he/she is responsible until all such charges have been paid
in full. Such persons may be refused further membership rights and
may not act as guarantors for persons under the age of eighteen until
all monies owing have been paid in full.
10.5 Additional Requirements in Respect of Zoological
Gardens
10.5.1
A person shall not except as authorised
by a staff member of the Zoo:
Feeding, etc of animals
- Give food or drink to any animal within
the Zoo;
- Give to any animal within the Zoo or place
in a position accessible to any animal therein any food, article or
other matter which is likely to cause distress, injury to or the death
of any such animal;
Trespass
- Climb on or over or trespass within or behind
any barrier or fence erected for the protection of exhibits in, or of
visitors to the Zoo;
- Enter or remain in the Zoo except when it
is open to the public;
- Sell or distribute any handbills or other
printed or written matter in the Zoo;
- Advertise, solicit for custom, or sell or
distribute any foodstuffs, goods, services or other items within the
Zoo.
10.6 Additional Requirements in Respect of Public Swimming
Pools
Supervision
10.6.1
Children under 8 years of age must be actively
supervised by a caregiver 16 years or over. Actively supervised means
watching the child at all times and being able to provide immediate
assistance.
Admission
10.6.2
A person shall not be admitted to a pool
when, in the opinion of the pool manager, it is occupied by the full
number of persons who can conveniently use it at that time, nor to any
dressing-room or compartment or shower-bath ahead of any person who
in the opinion of the manager is entitled to prior admission to the
facility.
Coaching
10.6.3
The council may on such terms as it thinks
fit, allow swimming coaches and teachers to use a pool at appointed
times for the purpose of teaching or coaching pupils.
Warning Signals
10.6.4
Every person shall leave the water immediately
upon the sounding of a warning device or direction by the pool staff.
Dressing Rooms
10.6.5
Except for an authorised officer in the
discharge of duties, no male person over the age of five years shall
enter any dressing room set apart exclusively for females and, except
as aforesaid, no female person over that age shall enter any dressing-room
set apart exclusively for males.
Swim Suits
10.6.6
Every person using a pool shall be clad
according to the rules of the pool or to the satisfaction of the manager.
Behaviour
10.6.7
A person shall not within a pool:
- Dive or jump from any part of a building;
- Break or damage or interfere with any lifesaving
equipment or other equipment used in connection with a pool;
- Foul or pollute water or other parts of
a pool, making the water in the pool unfit for the proper use of bathers;
- Play games in or loiter near any dressing
room or run on the pool surrounds.
Refer to the Bathing, Health and Beauty bylaw for
information pertaining to the required standards of construction,
filtration and disinfection of public pools and other issues that relate
to the health and safety of public pool patrons.
