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Part 10 - cultural
and recreational facilities
Explanatory Note
The objective of this
Part 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 City 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 Part.
A range of measures
are contained within the Part 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 Part provides for
the Council to set hours of opening, the fixing of fees and charges for
admission and services, and any associated conditions applicable.
Terms used in this
Part are defined in Part
1 - Bylaw Administration.
Contents
| 10.1 |
General
Requirements
|
| 10.1.1 |
The
Council may by resolution:
| (a) |
Establish and fix fees for admission to or use of any facility or part of such facility; |
| (b) |
Fix fees for the borrowing or loaning of any book or documents from any facility, and for
their late return; |
| (c) |
Determine the times that facilities or any parts thereof shall be open to the public; |
| (d) |
Generally make any rules for the proper control, operation and management of any Cultural or
Recreational Facility as it considers appropriate. |
Delegation
|
| 10.1.2 |
The Council may in pursuance of Section 104Q of the Local Government Act 1974
delegate any of the powers specified in Clause 10.1.1 to any Committee. |
| 10.2 |
Conduct
|
| 10.2.1 |
Notwithstanding the provisions contained in Clause 10.1.1 to make rules a person
shall not:
| (a) |
Pollute, damage or interfere with any facility or deface or disfigure any surface, structure,
or exhibit within a facility; |
| (b) |
Fail to comply with all reasonable requests of any officer of the Council or any Security
Guard on duty at the facility; |
| (c) |
Smoke or consume food or partake of any drink within a facility except in areas where this is
specifically permitted; |
| (d) |
Consume any intoxicating liquor, except in areas set apart for the purpose, or at an
authorised function;
Substance
abuse |
| (e) |
Consume, inject or inhale any mind-altering substance (often known as "substance
abuse") or offer or sell such substance to any person; |
| (f) |
Permit any animal under their control or ownership to enter a facility, provided that guide
dogs may be permitted to enter; |
| (g) |
Enter a restricted area or an area set apart for staff at or in a facility without permission
of the manager; |
| (h) |
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; |
| (i) |
Behave in any way that could interfere with or prevent another person’s enjoyment of the
facility. |
|
| 10.2.2 |
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 by the manager to do so. |
| 10.2.3 |
Any person who in the opinion of the manager:
| (a) |
Is contravening or has contravened any of the provisions of this Part of the Bylaw or any
rules made pursuant to this Part; or |
| (b) |
Is not a bona fide user of the facility for the purpose for which it is intended; or |
| (c) |
Has acted in an unlawful or disorderly manner in or on a Cultural or Recreation Facility; |
shall upon the request of the manager leave immediately. The person shall nevertheless be liable
also to be prosecuted for any contravention of the Bylaw or rules.
|
| 10.2.4 |
A failure to leave when so requested shall amount to a further offence. |
| 10.2.5 |
The manager may exclude the person from the facility either permanently or for such
time as the manager shall think fit. |
| 10.2.6 |
Any person excluded in accordance with Clause 10.2.5 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 Part of the 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 or modify the exclusion as it sees fit. |
| 10.2.7 |
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. |
| 10.3 |
Additional
Requirements In Respect Of Public Libraries |
|
Membership
|
|
Application
for member’s card
|
| 10.3.1 |
On completing and signing an application form the following shall be entitled to obtain
a member’s card and take out books and documents and other articles without the payment of a fee, provided that
the Council may impose borrowing charges for particular books, documents, or other items:
| (a) |
Every person or organisation who pays rates, rent, or who resides in Auckland City who produces suitable
identification to support a claim for free enrolment;
Granting
Free membership for children |
| (b) |
A Librarian may grant free membership to any person up to the age of eighteen years who resides outside
Auckland City Council boundaries, but who attends a school or kura kaupapa in Auckland City.
Children’s
borrowing
|
|
| 10.3.2 |
Any person under the age of eighteen wishing to borrow books or documents shall have an
application form completed and signed on their behalf by a parent or guardian. Such parent or guardian shall
thereafter be responsible for all books and documents borrowed by that person and shall sign an acknowledgment to
that effect if required to do so by a Librarian.
Unqualified
borrowing |
| 10.3.3 |
Any person who does not qualify under Clause 10.3.1 to free membership of the Library
may obtain a member’s card on completion of an application form and payment of a fee, providing such person
produces some suitable form of personal identification.
Issue
of member’s card |
| 10.3.4 |
A Librarian shall (subject to the provisions of Clause 10.3.1, 10.3.2, 10.3.3, and
10.3.12 hereof) issue to each applicant a card hereafter referred to as the ‘member’s card.’
Use
of member’s card |
| 10.3.5 |
Only the library member or a person duly authorised by the member shall make use of a
member’s card. Any person not authorised who makes use of a member’s card commits an offence against this
Bylaw. The member’s card must be presented for the receipt of services.
|
|
Borrowing
|
|
Change
of address |
| 10.3.6 |
Every holder of a member’s card shall promptly notify the Library of any change of
address or contact information.
Borrowing
of reference books and documents |
| 10.3.7 |
No person shall be entitled as of right to borrow any book or document specified as a
reference book or reference document. A Librarian may however permit a reference book or reference document to be
borrowed by any holder of a member’s card subject to any conditions laid down.
|
| 10.3.8 |
The borrower of any book or document shall before leaving the Library have the book or
document formally issued to them.
|
|
Unauthorised
Taking of Books |
| 10.3.9 |
(1)
|
No person (other than as a borrower) shall take or attempt to take any book or document, or other article
from a library.
|
| (2)
|
No person shall knowingly attempt to or pledge, pawn, sell or purchase or secure the advance of money on any
book, document or article that is the property of the Council or attempt to do so.
|
|
Damage
to Books or Documents |
| 10.3.10 |
If any book or document 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 book or document or pay full compensation for
any damage or loss incurred by the Council. A book, document, or other item may be deemed to be lost one month
after its due date.
|
| 10.3.11 |
If a lost book or document 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 |
| 10.3.12 |
No person owing any money to the Council in connection with any library service shall
take out or borrow any book or document. 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. |
| 10.4 |
Additional
Requirements In Respect Of Zoological Gardens |
|
For the purposes of Clause 10.4 "Zoological Garden," "Zoological Park" or "Zoo"
means any zoological park operated by the Auckland City Council.
|
| 10.4.1 |
A person shall not except as authorised by the Director of a Zoological Park:
Feeding,
etc of animals
| (a) |
Give food or drink to any animal within the Zoo; |
| (b) |
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 |
| (c) |
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; |
| (d) |
Enter or remain in the Zoo except when it is open to the public; |
| (e) |
Sell or distribute any handbills or other printed or written matter in the Zoo; |
| (f) |
Advertise, solicit for custom, or sell or distribute any foodstuffs, goods, services or other items within
the Zoo unless authorised by the Director of the Zoo. |
|
| 10.5 |
Additional
Requirements In Respect Of Public Swimming Pools
|
|
Supervision
|
Supervision
of children
|
| 10.5.1 |
No child under the age of eight years shall be permitted to enter the pool water unless
under direct supervision of an adult who shall be solely responsible for that child’s safety and behaviour. The
manager or appointed staff at their sole discretion may waive the requirement if satisfied that the child entering
the water is a sufficiently competent swimmer. |
|
Admission
|
Improperly
seeking admission |
| 10.5.2 |
A person shall not be admitted to a pool when, in the judgement of the 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 judgement of the manager is entitled to prior admission
to the facility.
|
|
Coaching |
| 10.5.3 |
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 |
| 10.5.4 |
Every person shall leave the water immediately upon the sounding of a warning device by
the manager.
|
|
Dressing
Rooms |
| 10.5.5 |
Except for an officer in the lawful 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 |
| 10.5.6 |
Every person using a pool shall be clad to the satisfaction of the manager.
|
|
Behaviour |
| 10.5.7 |
A person shall not within a pool:
| (a) |
Dive or jump from any part of the building other than from a springboard or diving platform provided for the
purpose, or wilfully push another person into the water; |
| (b) |
Break or damage or interfere with any lifesaving equipment or other equipment used in connection with a pool; |
| (c) |
Foul or pollute water or other parts of a pool, making the water in the pool unfit for the proper use of
bathers; |
| (d) |
Play games in or loiter near any dressing-room or run on the pool surrounds;
Use
of mask, goggles, snorkel or flippers |
| (e) |
Wear or use a face mask or snorkel, goggles and/or feet flippers except with the permission of the manager
provided however that this subclause shall not apply when a pool is hired by any person or persons, club or
other organisation for use solely by those persons, or members of that club or organisation. |
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