Bylaw No. 20 - Public Places 2008
Explanatory note
The Local Government Act 2002 gives authority to
territorial authorities to protect the public from nuisance,
protect, promote and maintain public health and safety and minimise
the potential for anti-social behaviour in public places under
the control of council. It also allows territorial authorities
to make bylaws to manage and regulate activities carried out in public
places under the control of council and to protect public places
from loss, damage and misuse.
This Public Places bylaw seeks to regulate and
manage a diverse range of activities in public places under the
control of Auckland City Council that may cause damage, create public
nuisance, compromise public safety and have adverse effects on
the user. The bylaw also seeks to regulate and manage activity
in public places under the control of council that may compromise Auckland
City Council's ability to maintain appropriate standards of convenience,
safety and amenity for the well-being and enjoyment of citizens,
visitors and businesses with the city.
Public places under the control of Auckland City
Council include roads, footpaths and public squares, grass verges,
berms, public gardens, reserves and parks, beaches, wharves, breakwaters,
ramps and pontoons, foreshores and dunes, access ways, recreational
grounds and sports fields.
The bylaw covers activities in public places include
commercial activity such as trading and promotion of goods and
services, street performance and busking, and entertainment activities
and demonstrations, and events. The bylaw also provides for the
requirements of building identification and numbering of premises.
The Local Government (Auckland City) Boundary Alteration
Notice 2005, which was gazetted on 24 March 2005, generally sets
the seaward boundary of Auckland City at mean low water springs. With
the exception of wharves, breakwaters, ramps and pontoons council's
bylaws apply down to mean low water springs
The council also has powers under the Reserves
Act 1977, Health Act 1956, Litter Act 1979, Auckland Domain Act
1987 and other legislation concerning activities in public places. The
powers within these Acts and Regulations are not repeated in
this bylaw.
N.B. Verandahs, balconies and awnings over public
places, the lifting of materials and equipment over public places,
street damage deposits and vehicle crossings are regulated in the Construction
Bylaw. Controls on Cultural and Recreational Facilities including
libraries, the zoo and public swimming pools are addressed by
the Cultural and Recreational Facilities Bylaw. The Traffic Bylaw (2006)
regulates parking and other vehicular activities on roads and public
places. The placement of signs in public places is regulated
by the Signs Bylaw.
Reprinted with amendments
As at 09 October 2009 the Auckland City Council Public Places
Bylaw 2008 has been amended by the following amendments:
Public Places Bylaw Amendment No 1 of 2009
Amendments as a result of the introduction of the Auckland City Council Bylaw Administration Bylaw 2009, which came into force 09 October 2009.
Contents
20.1 General
20.2 General restrictions for the protection of public
property, safety and amenity
20.3 Specific restrictions
20.4 Additional provisions for reserves
20.5 Road and building indentification
20.6 Street trading, street performances and events
20.7 Review of street trading and street performance licences
and event
permits
20.8 Enforcement
Schedule of Amendments
Amendment No 1 of 2009 (17k PDF)
20.1 General
20.1.1
In this bylaw unless the context requires
otherwise:
Air exchange device includes heating, ventilating
and air conditioning systems.
Animal means any member of the animal kingdom including
any mammal, bird, finfish, shellfish, reptile, amphibian, insect, or
invertebrate and includes the carcass of constituent parts but does
not include dogs and human beings.
Authorised Officer means any person authorised by
the council to carry out any of the duties provided for in this bylaw.
Berm means the grass strip beside a road.
Busking means any street performance for voluntary
donations.
Council means the Auckland City Council or any committee,
community board, or elected member of the council or an officer authorised
to exercise the authority of the council.
Event means any organised temporary activity including
an organised gathering, parade, protest, wedding, private function (which
is independent of premises), festival, filmshoot, concert, celebration,
multi-venue sports event of significant scale, fun run, marathon, duathlon
or triathlon. For the purposes of this bylaw an indoor performance,
indoor private function, tasting and sampling activity, giveaway, market,
sports practice or training programme is not an event.
Licence means a licence, permit or approval issued
by council.
Licensee means the holder of a street trading licence
or a street performance licence issued by council.
Material or Thing means any material or thing of whatever
kind and includes rock, shingle, sand, earth, timber, waste disposal
bins and other containers for waste material, but excludes vehicles.
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 substances used for activities such as glue sniffing or
substance abuse, but does not include:
- medically prescribed substances ingested
by the person for whom they were prescribed;
- substances purchased from a pharmacy without
medical prescription;
- nicotine;
- alcohol as defined in the Sale of Liquor
Act 1989.
Public Place means any land or structure owned, managed,
maintained or controlled by the council that is intended for use by
the public (e.g. roads, footpaths and public squares, grass verges,
berms, public gardens, reserves and parks, beaches, wharves, breakwaters,
ramps and pontoons, foreshores and dunes, access ways, recreational
grounds and sports fields ) but does not include any area, building
or structure used or intended primarily for business or commercial purposes
(e.g. council offices, libraries, zoo, car park buildings).
Reserve has the same meaning as in section 2(1) of
the Reserves Act 1977.
Stock includes cattle, sheep, horses, deer, donkeys,
mules, goats, pigs, alpacas, llamas or any other animal (except dogs and cats)
including their young, kept in captivity, or farmed and dependant on
humans for their care and sustenance;
Street Performance means the provision of entertainment
in public places and includes playing an instrument, singing, dancing,
juggling, mime, puppetry, performance art, conjuring, acrobatics, recitation,
undertaking artworks on or in a public place and performing other acts
of theatrical or visual forms. Street Performance does not include any
activity which is within or part of an Event or Street Trading.
Street Trading means the commercial use of any public
place under the control of council. It includes the selling, displaying
or promotion of any goods and services whatsoever, whether for commercial
or not-for-profit purposes, in, on, or over a public place. Street trading
includes the display of any message as part of a trading activity. Street
trading does not mean an activity that consists entirely of the display
or deployment of signs as defined in the Signs Bylaw. Street trading
applies to permanent and mobile traders and includes but is not limited
to the following activities in or on a public place under the control
of council:
- the sale, display or dispensing of
goods, including food, drink, newspapers, fuel and lubricant;
- the provision of commercial services on
a public place including shoe shining services; taking photographs,
and the hire of recreational equipment;
- the provision of outdoor dining facilities
for the consumption of food and drinks, including those offered by a
licensed premises;
- craft markets, street markets and street
stalls selling, displaying or dispensing goods;
- the giving away of goods on a public place,
including newspapers and magazines, to advertise any product, service
or entertainment;
- the soliciting or collection of any subscription
or donation.
Temporary activity means an activity that takes place
on no more than 4 occasions within a calendar year.
Vehicle has the same meaning as in the Land Transport
(Road User) Rule 2004 and in the Land Transport Act 1998.
20.1.2
Other definitions may be found in council's
Bylaw Administration bylaw.
20.2 General restrictions for the protection of public
property, safety and amenity
20.2.1
A person shall not, on or in any public
place, or on private land in a way that affects a public place, carry
out any activity, including an excavation, or construct, erect, affix,
place, leave, remove or damage any structure, building, natural feature,
material or thing, in a manner that does or is likely to:
- injure persons;
- unreasonably interfere with the comfort
and enjoyment of the public generally or of persons who come within
close proximity of the activity, material or thing;
- damage, deface, destroy or remove any property
or interfere with the surface of any land;
- kill, injure, damage, remove or interfere
with any flora or fauna; or
- obstruct the reasonable right of public
passage.
20.2.2
The provisions of clause 20.2.1 shall not apply to:
- works and activities carried out in
a safe manner by or with the approval of council;
- activities carried out by emergency services;
- authorised farming operations on any reserve.
20.2.3
A person shall not, without the prior written
approval of an authorised officer or unless specifically authorised
by a bylaw:
- use any public place for the keeping,
placing or parking of a vehicle for sale, exhibition, demonstration,
storage or otherwise in connection with any trade or business of such
person or any other person;
- place or leave, or cause or permit to be
placed or left, any material or thing, including any signage, in, on
or over any public place for the purpose of sale, exhibition, demonstration,
storage or otherwise.
20.3 Specific restrictions
20.3.1
Except with the permission of an authorised
officer, or a licence from council, a person shall not, in, on, or over
any public place:
- plant any trees or shrubs;
- erect a permanent structure or equipment,
including a fence, wall, door, gate, air exchange device, gas meter,
or switchbox;
- allow any gate or door on property abutting
a public place to swing over or across the public place;
- drive, ride, propel, or wheel or park any
vehicle across any beach, reserve, playing field, footpath, grass verge
or berm or water channel, except in an area set aside for the driving
or parking of vehicles including a formed road or a vehicle crossing
properly constructed under a permit issued by council. This restriction
shall not apply to any person driving at a speed not exceeding 10km/h
on a beach by a direct route to deposit or retrieve a boat in the water
where vehicular access to that beach is permitted. Every vehicle shall
be removed from the beach immediately upon retrieval or depositing of
the boat.
- bathe or wade in any fountain or water feature
or permit or cause the wastage of water;
- play or practise any sport or other organised
recreational activity outside areas allocated for that purpose if the
activity damages the public place or affects the safety or convenience
of the public in that public place;
- camp or sleep overnight, except in areas
set aside by the council for that purpose. In this context, camping
shall include the use of any vehicle whether or not it is specially
fitted out for sleeping;
- carry out any work on a motor vehicle, trailer
or vessel except accident or emergency work to allow the vehicle, trailer
or vessel to be removed;
- leave any vessel or vehicle unattended at
any wharf, breakwater, ramp, or pontoon, or on any beach or foreshore,
except in a area specified for this purpose by the council. This provision
does not apply to dinghies, kayaks, canoes or sailboats that are left on any
beach or foreshore for a period of 48 hours or less;
- enter or leave a beach or reserve except
through a designated access-way, opening, gateway, entrance or exit;
- place or leave any household or commercial
refuse, soil, building supplies, material or thing in a public place
except for the purpose of a waste collection in compliance with the
requirements of council's solid waste bylaw or leave any litter in a
public place except in a receptacle provided by the council for that
purpose;
- allow any material or thing under their
control to be placed or left unattended;
- fail to take all reasonable steps to prevent
any material or thing under their control being placed or left unattended;
- interfere with any refuse which is awaiting
collection by an authorised collector;
- except in the case of an emergency, launch
or land any aircraft, hot-air balloon, parachute, hang glider or paraglider;
- light a fire except for the purpose of
outdoor cooking in an appliance or fireplace designed for that purpose
(this shall be subject to fire bans in rural areas under the Forest
and Rural Fires Act 1977);
- place or use loud speakers or other devices
amplifying and emitting sound, including for advertising any trade,
business, entertainment or any other purpose;
- use or permit the use of a vehicle for
the purpose of operating a loud speaker or an amplifier, or any similar
device except for the purpose of campaigning for a election under to
the Electoral Act 1993, or for a local authority election under the
Local Electoral Act 1998.
- use any advertising signs other than in
accordance with the Signs Bylaw or the conditions of a street trading
licence, street performance licence or events permit;
- leave any material or thing associated
with an activity licensed under this bylaw in, on or over any public
place outside the time permitted by the licence;
- distribute any printed or written material
advertising any product, service or entertainment;
- put up or erect any stall, booth, tent
or structure of any kind;
- place or affix any poster or advertising
material on any surface or structure;
- distribute or sell or offer for donation
any document, product, material or service.
Reinstatement
20.3.2
Every person carrying out works approved
by the council on a public place shall reinstate the public place to
a standard approved by the council.
Fireworks
20.3.3
The council may, by resolution publicly
notified, prohibit the use of fireworks on such streets, reserves and
other public places, at such times and dates, and according to such
conditions as the council may specify. No person shall use fireworks
in a manner contrary to such a resolution.
Skateboards, roller skates, bikes
20.3.4
No person shall:
- use any vehicle including a motorised
scooter, bicycle, skateboard, roller skates or roller blades or similar
devices, recklessly or in a manner which may damage a public place or
intimidate, or be dangerous or injurious or cause a nuisance to persons
in the public place;
Substance abuse
- consume, inject or inhale any mind-altering
substance (often known as "substance abuse"), or offer or sell such
substance to any person in a public place;
Stock on the isthmus
- subject to clause 20.3.5 permit any stock
to be on or to go along a public place within the district. The provisions
of this subclause shall not apply to any person who is in control of
a horse-drawn vehicle or who rides or leads a horse under proper control
on a street;
Animals
- allow any animal in their control to damage
a public place or endanger any person in that public place.
Stock in the Hauraki Gulf Island Ward
20.3.5
Stock in public places in the Hauraki Gulf
Islands Ward shall:
- be kept under control so they pose
no danger to people or vehicles using any public place;
- not be permitted to be on any reserve or
other area designated by an authorised officer as a prohibited area.
- not be permitted to be on any beach except
in a area specified for this purpose by the council, or with the permission
of an authorised officer.
20.4 Additional provisions for reserves
20.4.1
An authorised officer may:
- Subject to any statutory provisions:
- restrict or close entry to all or any
portion of a reserve during such times as are considered necessary to
prevent damage to, ensure public safety in or around, or allow maintenance
of the reserve;
- temporarily set aside the whole or a part
of a reserve for the exclusive use of particular groups or for particular
types of recreational activities. The council may charge for the right
to have exclusive use of any reserve or part of a reserve;
Sports field charges can be viewed on council's
website see www.aucklandcity.govt.nz/whatson/places/sportsparks
See also the street trading provisions below.
- Place signs advertising any restriction
or closure of a reserve at the entrances to the reserve, or adjacent
to the place where the restriction or closure is in force.
20.5 Road and Building Identification
Numbering of buildings
20.5.1
Every allotment of land issued with a certificate
of title under the Land Transfer Act 1952 shall be marked by the owner
or occupier thereof with a street number allocated or approved by an
authorised officer, where the allotment is occupied by any person or
building.
20.5.2
The following exceptions apply to clause 20.5.1:
- For any unit pursuant to the Unit Titles
Act 1972, at least one street number shall mark the land comprising
all the units and common property within the unit plan deposited under
the Land Transfer Act 1952;
- For any contiguous allotments of land under
single management for a common purpose including an educational institution,
industrial complex, or shopping mall, at least one street number shall
mark the contiguous allotments and shall be accompanied by the name
of the institution, complex or other such common purpose.
20.5.3
Every number and name required by clauses 20.5.1 and 20.5.2 shall be:
- located in a position clearly visible
from the road or public place to which it has frontage;
- produced in legible characters not less
than 75 millimetres in height for residential buildings and not less
than 150 millimetres in height for all other buildings;
- maintained by the owner or occupier, or
any person or body of persons managing the land that the numbers reference,
in such a manner as to clearly identify the land at all times.
The Signs bylaw has additional requirements for
the numbering of premises.
Alteration of numbers
20.5.4
The council shall have the power at any
time to alter the number of any building where in the opinion of the
council it is necessary or advisable to do so.
20.5.5
Except where a bylaw permits otherwise,
no person except an authorised officer may paint, erect or affix signs
on a building to name the road, private road or public place to which
the building has frontage.
20.5.6
The council shall have the exclusive right
to cause to be painted or affixed on a conspicuous part of a building,
the name of the road, private road or public place to which it has frontage.
The naming shall be in legible characters, not exceeding 200 millimetres
in height.
Maintenance of numbers
20.5.7
Numbers required by clause 20.5.3 shall be maintained by the owner or
occupier in such a manner as to readily identify the property at all
times.
20.6 Street trading, street performances and events
Licences and permits
20.6.1
Except as provided in clause 20.6.2 below, or where an exemption has been
granted by an authorised officer, no person shall in, on or over a public
place:
- undertake street trading without a
street trading licence issued by the council;
- undertake any street performance without
a street performance licence issued by the council;
- undertake any event without an event permit
issued by the council.
Exceptions
20.6.2
The following exceptions apply to clauses 20.6.1
- art installed on public places by the
council;
- street trading, busking, performance, entertainment,
art, collections or demonstrations approved as part of an event permitted
by the council;
- delivery of any goods or services to private
land or premises;
- the placement of any structure, material
or thing on a public place as authorised under a lease or licence from
the council.
20.6.3
Every application for a street trading
licence, street performance licence or event permit shall be in writing
and shall include an application fee where required. Every application
shall include such information an authorised officer considers reasonably
necessary for determining whether to issue a licence or permit.
20.6.4
The decision to grant or refuse a street
trading licence, street performance licence or events permit, together
with any conditions on the licence or permit, may be made in accordance
with any relevant guidelines approved by the council or specified under
this bylaw from time to time. A licence or permit may be declined where
the proposal does not meet the relevant guidelines or where an authorised
officer considers that appropriate standards of convenience, safety
or visual amenity would not be met by granting the licence.
20.6.5
As a condition of issuing a street trading
licence, street performance licence or event permit under this bylaw,
the council may charge:
- a fee to process the licence or permit
application or to review an existing licence or permit.
- a fee in the nature of rental for the public
space to be occupied by a street trading activity.
N.B. Most street performance licences will be issued
free of charge but may require a bond to ensure the site is cleaned
after the event.
20.6.6
A street trading licence, street performance
licence or event permit issued under this bylaw:
- may include such conditions as an authorised
officer considers necessary;
- may be of a limited duration and may specify
a time or circumstances when the licence or permit will be reviewed;
- shall be personal to the licensee or permit
holder and shall not be transferable.
The council may require the temporary closure of
an area where a street trading licence applies, for emergency
or maintenance work. No compensation for this will be paid, but the
council may allow alternative locations to be used.
20.6.7
In the event that any street trading licence,
street performance licence or permit fee is not paid by the time stipulated
in that licence or permit, the licence or permit shall immediately cease
to have effect unless otherwise agreed by an authorised officer.
20.6.8
Subject to the Food Stalls bylaw 2008,
no street trading licence shall be issued in relation to activities
under clause 20.6.1 where food is sold or intended to be
sold, unless the applicant satisfies the council or an authorised officer
that the activity complies with:
- any relevant provisions of the Health
Act 1956, the Food Act 1981 and any regulations made under either of
those Acts in respect of the manufacture, preparation or sale of food;
- with any food health provisions of the council's
bylaws;
Events
20.6.9
No event permit shall be issued where:
- there is a prior booking of the public
place and the two events cannot reasonably take place at the same time,
or
- the council reasonably believes that:
- there will be significant disruption
to traffic flows or public passage; or
- public safety cannot be maintained; or
- there is any other objectively justifiable
and reasonable grounds for declining consent for example that the event
will be or is likely to be offensive.
Decisions regarding events permits shall be made
in accordance with clause 20.6.4
Display of licence or permit
20.6.10
Unless exempted by an authorised officer,
the holder of a street trading licence, street performance licence or
events permit issued by the council shall prominently display their
licence or permit, so that it is able to be read by the public at all
times during activities.
20.6.11
Where in the opinion of an officer it
is impractical to comply with the requirements of clause 20.6.10 the licensee or permit holder shall
produce their licence or permit when requested to do so by an authorised
officer or a member of the police.
20.6.12
Every person undertaking any street trading,
street performance or event in a public place, whether holding a licence
or not, shall comply with any lawful instruction of an authorised officer
or a member of the police.
20.6.13
Any person who is undertaking any street
trading, street performance or event in a public place without a licence
or permit issued by council, shall, when required to do so by an authorised
officer or a police constable, forthwith cease the street trading, street
performance or event and remove from the public place all goods, signs,
seating, materials and things relating to that activity.
20.6.14
The provisions of this clause are in addition
to any powers of dispensation and licensing under council's Bylaw Administration Bylaw.
20.7 Review of street trading and street performance
licences and event permits
20.7.1
The council or an authorised officer may
cancel, amend or initiate a review of a street trading licence, street
performance licence or event permit if:
- the activity is likely to interfere
with intended works undertaken by or on behalf of the council in the
public place; or
- the licensee or permit holder has failed
to meet the conditions of their licence or any requirements of any relevant
criteria, policy or guidelines approved by the council or specified
under this bylaw; or
- the licensee or permit holder has failed
to meet any written instructions in a notice issued by an authorised
officer, within the time specified in that notice.
- the activity authorised in the licence or
event permit is likely to compromise public safety.
20.8 Enforcement
20.8.1
The provisions of Part 1 (Bylaw Administration)
of council's bylaws shall apply to enforcement of this bylaw
20.8.2
The person responsible for compliance with
this bylaw shall include the organiser or person in charge of the street
trade, street performance or event on a public place and the person
who carries out or permits an act or activity that is regulated by this
bylaw. For the avoidance of doubt, this includes the owner of any material
or thing who fails to take all reasonable steps to prevent a breach
of this bylaw occurring in respect of that material or thing.
20.8.3
Where any work or thing, is or has been,
constructed in breach of this bylaw, an authorised officer may, pursuant
to section 163 of the Local Government Act 2002, remove or alter the
said material or thing.
20.8.4
The council may recover from any person responsible
for the breach of the bylaw all expenses incurred by it in connection
with such pulling down, removal or alteration. This includes the costs
of any storage, debt collecting and legal fees.
20.8.5
The exercise of this authority shall not
relieve any such person from responsibility for any penalty for erecting
or permitting the continued existence of any such material or thing.
20.8.6
Where any land or structure or material
or thing, or any use of land, near or adjacent to a public place could,
in the opinion of an authorised officer, cause injury or nuisance to
the public, an authorised officer may require the owner or person in
control thereof to take such action or to carry out such works required
to make the land or structure or material or thing safe or to remove
the nuisance.
20.8.7
If the breach is such that public health,
or safety considerations or the risk of damage to council property is
such that delay would be unacceptable to the council, it may take immediate
steps to rectify the defect and recover the costs referred in clause 20.8.4 of this bylaw.
20.8.8
In addition to the provisions of Part 1
(Bylaw Administration), an authorised officer may require a person found
to be committing a breach of this bylaw to perform any or all of the
following actions:
- immediately cease an activity;
- leave a public place;
- not return to the public place for such
period as the authorised officer deems fit (in which case the requirement
shall be a notice in writing).
20.8.9
Failing to comply with the requirements
of this bylaw shall be an offence against this bylaw and failing to
comply with reasonable promptness with a requirement of an authorised
officer made pursuant to this bylaw shall be a further offence.
Schedule of Amendments
Amendment No 1 of 2009 (17k PDF) to the Public Places Bylaw
