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BylawsIntroduction | Table of Contents | Make a submission | Development and review of bylaws | Email updates Part 20 - Public Places 2008Explanatory noteThe 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. Contents20.2 General restrictions for the protection of public property, safety and amenity 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 20.1 General20.1.1 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:
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:
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 amenity20.2.1 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:
20.2.2 The provisions of clause 20.2.1 shall not apply to:
20.2.3 A person shall not, without the prior written approval of an authorised officer or unless specifically authorised by a bylaw:
20.3 Specific restrictions20.3.1 Except with the permission of an authorised officer, or a licence from council, a person shall not, in, on, or over any public place:
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:
Substance abuse
Stock on the isthmus
Animals
Stock in the Hauraki Gulf Island Ward 20.3.5 Stock in public places in the Hauraki Gulf Islands Ward shall:
20.4 Additional provisions for reserves20.4.1 An authorised officer may:
20.5 Road and Building IdentificationNumbering 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:
20.5.3 Every number and name required by clauses 20.5.1 and 20.5.2 shall be:
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 eventsLicences 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:
20.6.2 The following exceptions apply to clauses 20.6.1
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:
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:
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:
Events 20.6.9 No event permit shall be issued where:
Decisions regarding events permits shall be made in accordance with clause 20.6.4 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 Part 1 (Bylaw Administration) of council's bylaws. 20.7 Review of street trading and street performance licences and event permits20.7.1 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:
20.8 Enforcement20.8.1 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:
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. Published July 2008 |

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