Brimbank City Council

LOCAL LAW NO. 2

General

Local Law

2018

January 2018

356 - 1117

Part 1 – Preliminary

2

1. Local Law

2

2. Objectives

2

3. Commencement

2

4. Application of Local Law

2

5. Revocation of Local Law

2

6. Definitions

3

7. Other Legislation

5

Part 2 – Your Property

6

8. Condition of Land

6

9. Significant Trees

6

10. Dilapidation

6

11. Vacant Land

7

12. Numbering of Premises

7

13. Living Conditions

8

14. Asbestos

8

15. Open-air Burning

8

16. Chimneys

8

17. Vehicle Crossings

8

Part 3 – Animals

9

18. Limits on Animals

9

19. Animal Housing

10

20. Adequate Fencing

11

Part 4 - Activities on Council Property 11

21. Asset Protection

11

22. Damage to Assets

11

23. Activities on Council Property

11

24. Protection of Council Property

13

25. Behaviour on Council Property or in a Public Place 13

26. Behaviour involving vehicles

13

27. Animals on Council Property

14

28. Street Parties, Circuses, Festivals or Events

14

29. Filming

14

30. Camping

14

31. Clothing Recycling Bins

14

Part 5 - Alcohol and Smoking

15

32. Consumption and Possession of Alcohol

15

33. Smoke Free Areas in the Municipality

15

Part 6 – Noise

16

34. Noise

16

Part 7 – Waste

17

35. Disposal of Garbage and Recyclables

17

36. Litter Bins

17

37. Waste Containers

17

38. Trade Waste

18

39. Screening of Bins and Storage Areas

18

40. Discharge to Drains

18

Part 8 – Vehicles

19

41. Recreation Vehicles

19

42. Heavy Motor Vehicles on Land

19

43. Parking

20

Part 9 – Obstructions

21

44. General

21

45. Shipping Containers

21

46. Shopping Trolleys

21

Part 10 – Permits

22

47. Applications for Permits

22

Part 11 – Offences, Notices, Penalties

and Compensation

23

48. Offences

23

49. Notice to Comply

23

50. Infringement Notices

24

51. Penalties

24

52. Compensation

24

Contents

Page 2

Brimbank City Council

General Local Law 2018

Local Law No.2

Part 1 – Preliminary

1. Local Law

This is the Brimbank City Council’s General Local Law 2018, being a Local Law made under–

a) section 111(1) of the

; and

b) part 3 of the

.

2. Objectives

The objectives of this Local Law are to provide for the –

a) administration of Council powers and functions;

b) protection, fair use and enjoyment of Council property;

c) safe and fair use of streets, roads and footpaths;

d) protection, maintenance and enhancement of the municipality’s amenity, to a standard that meets the general

reasonable expectations of the community;

e) keeping and control of animals, on land and on Council property; and

f) uniform and fair administration and enforcement of this Local Law.

3. Commencement

This Local Law commences and takes effect on 1 January 2018.

4. Application of Local Law

This Local Law will apply throughout the municipality for a period of ten (10) years from commencement, unless revoked by

Council resolution.

5. Revocation of Local Law

On the commencement of this Local Law, Council’s General Local Law 2008 is revoked save that any notice or consent

given or any business, matter or thing commenced, already made or done (including the commencement of enforcement

proceedings) under the revoked Local Law is not affected.

Page 3

Brimbank City Council

General Local Law 2018

Local Law No.2

6. Definitions

In this Local Law –

means

;

includes any poster, sign, banner or message or part thereof in any form used for the purpose of soliciting

goods or services;

includes a pig, cattle, horse, donkey, sheep, goat;

means a person appointed by Council under section 224 and/or 224A of

;

means unsolicited public entertainment, whether by playing a musical instrument, singing, conjuring, juggling,

miming, dancing, operating puppets, drawing on a pavement or otherwise coaxing the attention of others for payment;

means a bin or similar structure used for the collection of used clothing (whether or not it is used for

the collection of other goods);

means a group or organisation having a common focus or interest that operates to benefit the

community in general;

is a mechanical means of preventing shopping trolleys being abandoned or misappropriated,

consisting of a lock and chain fitted to a shopping trolley and operated by inserting a gold coin or token;

means an event from which the proceeds will benefit the community in general;

means the Brimbank City Council;

means any land, building or thing which is owned, occupied or managed by Council;

means a state of disrepair which an authorised officer reasonably believes requires repairs to address a

building or structure’s resistance to weather, pests, infestation or unlawful entry;

is a mechanical means of preventing shopping trolleys being removed from a designated

area;

means land zoned for farming purposes under a Brimbank Planning Scheme;

includes umbrellas, windbreaks and portable heaters;

means an event occurring on one or two consecutive days involving the non-commercial sale of goods from

private residential land;

means any writing, painting, poster or other defacement applied to any surface without the prior consent of the

owner;

means one or more vehicles being driven in a manner involving either, the loss of traction, racing, time trials, or

by which undue noise or smoke is caused;

includes vacant, occupied, public or private land;

means a Council owned bin placed in a public location

Page 4

Brimbank City Council

General Local Law 2018

Local Law No.2

means the municipal district of Council;

means more than one dwelling on a parcel of land;

means any obstacle or hindrance which affects, or is intended to affect, the normal course of activity relating

to any aspect of Council property;

in reference to an offence within this Local Law is the amount as determined by the

,

being $100.00;

means a permit issued by the Council, including any conditions as set down by Council;

means land on which a building exists;

has the same meaning as defined in the

;

means any pigeon kept for the purpose of racing or showing by its owner if that owner is a member of a club

which is affiliated with or is, in turn, a member of, any bona fide association organised primarily for the purpose of racing or

showing pigeons;

has the same meaning as in the

;

means the land and building (or part thereof) used as or for the purposes of a private residence or

residential flat and includes –

a) any land, building or appurtenance used for, or in connection with, any residential premises;

b) any outbuilding situated on land used in connection with any residential premises; or

c) any land upon which a residential building is under construction;

has the same meaning as defined in

and includes a footpath, nature strip, right of way

and lane;

means a tree on private land which:

a) meets the criteria for a significant tree, as specified in Council’s Significant Tree Policy, as amended and published from

time to time; and

b) is individually listed on the significant tree register

means a register of trees of significance to the Council, which is kept and maintained by Council;

means market days, festivals and events approved by Council;

means an accumulation of any matter or material, the total volume of which exceeds three cubic metres;

means, in relation to land or anything on land, anything that an authorised officer considers detrimental to the

amenity of the neighbourhood;

Page 5

Brimbank City Council

General Local Law 2018

Local Law No.2

means in relation to a vehicle, an unregistered or unroadworthy or disassembled or incomplete or

deteriorated vehicle

means that area of land between the property line and the kerb of the road designated as a crossing for

vehicles;

means any portable container specifically designed for the collection of waste and includes a rubbish

hopper, skip, clothing collection or recycling bin but not including Council’s refuse bins or containers;

has the same meaning as defined by the Australian Weeds Strategy 2017-2027 and refers to any plant that has an

economic, social or conservation impact.

7. Other Legislation

Anything allowed under any Act, Regulation or the Brimbank Planning Scheme is not affected by any prohibition or

restriction under this Local Law.

Page 6

Brimbank City Council

General Local Law 2018

Local Law No.2

Part 2 – Your Property

8. Condition of Land

8.1. An owner or occupier of land must keep that land and anything on that land –

a) in a manner that is not unsightly;

b) in a manner by which trees, plants or other things do not overhang any road at a height of less than 3 metres;

c) in a manner that does not create a haven for snakes, vermin, insects, weeds or other pest plants or animals;

d) free of rubbish, disused excavation, waste material, machinery, derelict vehicles and any stockpile that adversely

affects the amenity of the property;

e) in a manner which is not dangerous or likely to cause danger or injury to a person.

8.2. An owner of any land must keep grass, weeds and undergrowth on that land at a height below 150mm in height.

Infringement Penalty: 4 Penalty Units

9. Significant Trees

9.1. Under section 112 of the Act, Brimbank City Council’s Significant Tree Policy (Policy), as amended and published from

time to time, is wholly incorporated into this Local Law and should be interpreted and understood as such..

9.2. An authorised officer who reasonably believes that a person has contravened the Policy may issue a notice under Part

11 of this Local Law.

9.3. A person must not, without a permit or specific written instruction from an electricity service provider, remove,

damage, destroy or lop a significant tree or engage another person to remove, damage, destroy or lop a significant

tree.

9.4. A person removing, damaging, destroying or lopping a significant tree on the basis of specific written instruction from

an electricity service provider must retain a copy of the written instruction for 12 months from the date works on the

significant tree are carried out.

Infringement Penalty: 10 Penalty Units

Page 7

Brimbank City Council

General Local Law 2018

Local Law No.2

10. Dilapidation

10.1. The owner or occupier of any land must not allow any building or other structure on the land to become dilapidated.

Infringement Penalty: 4 Penalty Units

10.2. Where, in the opinion of Council, a building (or part of a building) or structure on land is dilapidated, the Council may

issue a Notice to Comply in accordance with clause 49 of this Local Law requiring the owner or occupier to:

a) secure or better secure the building (or part of the building) or structure;

b) fence the land; or

c) undertake repairs to address the building or structure’s resistance to weather, pests, infestation or unlawful entry.

11. Vacant Land

11.1. The owner of any vacant land must take all steps to ensure their land is not illegally accessed and must not cause or

allow their vacant land to:

a) Be kept in a manner that is unsightly;

b) Be kept in a manner by which trees, plants or other things overhang any road at a height of less than 3 metres;

c) Be kept in a manner that creates a haven for snakes, vermin, weeds, insects or other pest plants and animals;

d) Have rubbish, disused excavation, waste material, machinery or derelict vehicles dumped on it, or any stockpile

accumulated on it that adversely affects the amenity of the property;

e) Be kept in a manner that may be dangerous or is likely to cause a danger to any person or property;

f) Be used to store or park a vehicle other than a vehicle registered in the name of the owner of the vacant land.

11.2. Where, in the opinion of Council, an owner or occupier of any vacant land is in contravention of clause 11.1 of this

Local Law, Council may issue a Notice to Comply in accordance with clause 49 of this Local Law requiring the owner or

occupier of the vacant land to:

a) Repair, within a reasonable timeframe, any existing fencing around the vacant land, or any section of the vacant land,

so as to enclose the vacant land;

b) Replace, within a reasonable timeframe, any existing fencing around the vacant land, or any section of the vacant

land, so as to enclose the vacant land;

c) Modify, within a reasonable timeframe, any existing fencing around the vacant land, or any section of the vacant land,

so as to enclose the vacant land;

d) Erect, within a reasonable timeframe, fencing around the vacant land, or any section of the vacant land, so as to

enclose the vacant land;

e) Use only construction material(s) specified by Council in the Notice to Comply when repairing, replacing, modifying or

erecting fencing around vacant land;

f) Repair, replace, modify or erect fencing to dimensions specified by Council in the Notice to Comply.

Infringement Penalty: 4 Penalty Units

Page 8

Brimbank City Council

General Local Law 2018

Local Law No.2

12. Numbering of Premises

An owner or occupier of premises must display the Council-allocated number of the premises, so that it can be readily seen

from the road at all times. This does not include printed or painted markings on the kerbside or road.

Infringement Penalty: 4 Penalty Units

13. Living Conditions

A person must not, without a permit, reside in a caravan, makeshift dwelling or portable shed.

Infringement Penalty: 4 Penalty Units

14. Asbestos

14.1. A person other than a licensed asbestos removalist, must not remove material from a residential premises that

contains or is liable to contain asbestos unless:

a) the asbestos is non-friable, not more than 10 square metres in area and its removal does not take longer than one

hour in any seven day period, and

b) all reasonable precautions are taken, including wetting down of the material immediately prior to its removal and

keeping it wet until it is wrapped in plastic, sealed and clearly labelled to indicate the presence of asbestos; and

c) the material is transported and disposed of in accordance with the requirements of the

Infringement Penalty: 10 Penalty Units

15. Open-air Burning

A person must not, without a permit, burn or allow to be burned any matter in the open air. This clause does not apply to a

barbecue, chimenea or other commercially available or properly constructed apparatus or similar apparatus or device being

used for the domestic purpose of cooking food.

Infringement Penalty: 4 Penalty Units

16. Chimneys

An owner or occupier of land must not cause or allow any chimney, barbecue, chimenea or other commercially available

or properly constructed apparatus or similar apparatus or device being used for the domestic purpose of cooking food to

discharge dust, grit, ash, embers or smoke to such an extent that, in the opinion of an authorised officer, it may endanger the

health of, or is offensive to, another person.

Infringement Penalty: 4 Penalty Units

17. Vehicle Crossings

17.1. Where an authorised officer reasonably determines that a vehicle crossing is required, Council may issue a Notice

to Comply in accordance with clause 49 of this Local Law requiring the owner of affected land to construct, install,

maintain, repair, expand, reconstruct, relocate or remove a vehicle crossing.

17.2. A person must not without a permit, remove or alter a vehicle crossing whether temporarily or permanently.

Infringement Penalty: 4 Penalty Units

Page 9

Brimbank City Council

General Local Law 2018

Local Law No.2

Part 3 – Animals

18. Limits on Animals

18.1. Without a permit, an occupier of any land must not keep on that land –

a) more than 6 different species of animal;

b) any agricultural animal unless the land is securely fenced and has a minimum area of 2 hectares for the first animal

and a further 0.5 hectares for each additional animal; or

c) more than the maximum number of animals as set out in the following table –

Type of Animal

Maximum number

allowed on

non-farming land

Maximum allowed

per dwelling in a multi

residential development

Maximum

number allowed

on farming land

Dogs

2

2

6

Cat

2

2

4

Cockatoo/Galah

Permit required

Not permitted

20

Pigeon (racing)

60

Not permitted

100

Pigeon (other than racing)

10

Not permitted

20

Poultry

10

Not permitted

No limit

Roosters

Not permitted

Not permitted

20

Birds other than specified

60

5

100

Agricultural Animal

Not permitted

Not permitted

as per 18.1(b)

restrictions

Infringement Penalty: 4 Penalty Units

Page 10

Brimbank City Council

General Local Law 2018

Local Law No.2

19. Animal Housing

19.1. The occupier of any land on which animals are kept must provide housing which is, in the opinion of an authorised

officer, appropriate in the circumstances, taking into consideration –

a) the type of animals to be kept;

b) the dimensions and location of the shelter;

c) the number of animals to be kept;

d) the capacity to maintain it in a sanitary and inoffensive condition;

e) the capacity to protect neighbours from animal noise;

f) the minimum distance between any enclosure used to house animals and any boundary fence, being 900mm from

the boundary fence line to allow cleaning around the enclosure; and

g) any other matters which Council considers relevant and has communicated to the occupier of land in a Notice to

Comply issued in accordance with clause 49 of this Local Law.

Infringement Penalty: 4 Penalty Units

19.2. All animal housing must be maintained so that –

a) all manure and other waste is removed and/or treated as often as necessary so that it does not cause a nuisance to

neighbours or conditions that are, in the opinion of an authorised officer, offensive;

b) all manure and other waste is stored in a fly and vermin proof receptacle unit, until removed from the premises

or otherwise disposed of, so as not to create a nuisance to neighbours or conditions that are, in the opinion of an

authorised officer, offensive;

c) the ground surrounding the housing is drained, so not to cause flooding or ponding of water;

d) the area of land within 3 metres of an animal housing area or structure, is kept free from dry grass, weeds, refuse,

rubbish or other material capable of harbouring vermin;

e) all food, grain or chaff is kept in vermin proof receptacles; and

f) animal housing areas are kept thoroughly cleaned and maintained at all times in a clean and sanitary manner, so as not

to cause a nuisance to neighbours or conditions that are, in the opinion of an authorised officer, offensive.

Infringement Penalty: 4 Penalty Units

20. Adequate Fencing

The occupier of land on which an animal is kept must ensure that the land is adequately fenced to prevent the escape of the

animal from the land, and to prevent any part of the animal from protruding beyond the fence line.

Infringement Penalty: 4 Penalty Units

Page 11

Brimbank City Council

General Local Law 2018

Local Law No.2

Part 4 - Activities on Council Property

21. Asset Protection

21.1. Under section 112 of the

, Brimbank City Council’s Asset Protection – Code of Practice 2017 (the Code), as amended

and published from time to time, is wholly incorporated into this Local Law and should be interpreted and understood

as such.

21.2. An authorised officer who reasonably believes that a person has contravened the Code, may issue a notice under Part

11 of this Local Law.

21.3. For the avoidance of doubt - where multiple contraventions of the Code are identified by Council, each may be treated

as a separate offence and dealt with accordingly under Part 11 of this Local Law.

Infringement Penalty: 10 Penalty Units

22. Damage to Assets

22.1. A person must not graffiti, deface, disfigure, remove or affix any document to or otherwise interfere with, damage or

destroy Council property or Council assets including any drain, fire prevention appliance, drainage pit or lid, gate, fence,

notice board, sign, pole, stonework, tree, tree guard, line marking or automatic traffic counting equipment, seat or

structure of any kind on Council property or in a public place.

Infringement Penalty: 4 Penalty Units

23. Activities on Council Property

23.1. A person must not, on or over Council property –

a) sell, solicit or offer for sale any services or goods (including motor vehicles)

b) place or allow to be placed any goods, advertising signs, obstruction, vehicle, caravan, trailer, seat, chair, table, stall,

umbrella, tent, or other furniture, structure or equipment.

23.2. A person must not sell, or offer for sale, any goods or services from any place adjacent to Council property to a person

in a public place.

Infringement Penalty: 4 Penalty Units

Page 12

Brimbank City Council

General Local Law 2018

Local Law No.2

23.3. Despite sub-clause 23.1, a person may with a permit –

a) place and sell any goods on or over Council property during a special event;

b) place and sell goods ordinarily offered for sale from adjoining premises;

c) sell or offer for sale goods from a vehicle, caravan, trailer or any other form of transport that must remain principally

mobile and trading from a road to a footpath or nature strip; or

d) place on or over Council property -

(i) a sign promoting a community event;

(ii) a portable sign advising that land offered for sale is open for inspection, or that the land is being sold on that day;

or

(iii) any furniture for customer use.

23.4. Council may by resolution determine a fee, charge, fare or rent in relation to the permit required for selling or offering

for sale any goods or services from any land under sub-clause 23.3.

23.5. Despite sub-clause 23.1(b), a person may erect or place advertising signs for a garage sale, provided that the signs are:

a) Of A3 size or smaller;

b) Removed one day after the garage sale is held;

c) Only erected 48 hours prior to the garage sale; and

d) Not attached to, or placed on, traffic control items such as, but not limited to, guard rails, marking signs, traffic lights, or

roundabouts.

23.6. If the Council has entered into an agreement (by way of permit, lease, licence or otherwise) in relation to trading from

a particular site, a second person other than the person with whom the Council has the agreement must not trade

from that site, whether or not that second person has a permit for another site or no particular site.

23.7. Where a person continues to use a trading site contrary to clause 23.1 and/or 23.2 after receiving from Council a

Notice to Comply requiring the person to desist or move, Council may remove from the site any goods and associated

equipment used by that person, and impound the goods and associated equipment.

23.8. A person must not, without a permit, busk on any Council land or road. Infringement Penalty: 4 Penalty Units

Page 13

Brimbank City Council

General Local Law 2018

Local Law No.2

24. Protection of Council Property

24.1. Without a permit, a person must not –

a) commence any works on, in, or which affect a road;

b) place any building materials on a road.

Infringement Penalty: 4 Penalty Units

24.2. A person must not drive, or allow to be driven, any motor vehicle whereby the wheels of that vehicle deposit mud, soil,

sand, concrete or rock onto Council property.

Infringement Penalty: 4 Penalty Units

24.3. A person using Council land or a road must comply with:

a) any signs displayed on the land or road or conditions of entry or use that are communicated to the public or displayed

in a prominent position on the land or road;

b) any conditions of membership that the Council has applied to the use and communicated to the public or displayed in

a prominent position on the land or road.

Infringement Penalty: 8 Penalty Units

25. Behaviour on Council Property or in a Public Place

25.1. A person must not, on Council property or in a public place, behave in a manner or conduct or spectate any activity

which is illegal, dangerous, harmful or would cause interference with the quiet enjoyment, or threaten the safety

of any person in or near that property or place. This includes behaviour or activities which may cause a disturbance

indirectly or remotely by means of a camera, recording equipment or remote control device.

25.2. Where an authorised officer reasonably believes that a person’s presence or actions on Council property or in a public

place are interfering with another person’s lawful activities in the area, the officer may direct that person to leave the

area.

Infringement Penalty: 4 Penalty Units

26. Behaviour involving vehicles

26.1. A person must not participate in, encourage, or attend a hoon event without lawful excuse.

26.2. The driver of a motor vehicle must not stop or park in close proximity to a hoon event without lawful excuse.

Infringement Penalty: 8 Penalty Units

Page 14

Brimbank City Council

General Local Law 2018

Local Law No.2

27. Animals on Council Property

27.1. A person in charge of an animal on Council property or in a public place must –

a) carry a suitable device for the collection of any excrement from that animal;

b) produce the suitable device on demand by an authorised officer; and

c) collect and dispose of any excrement from that animal in a proper manner, so as not to cause a nuisance to any other

person.

Infringement Penalty: 4 Penalty Units

28. Street Parties, Circuses, Festivals or Events

28.1. A person must not, without a permit, organise or conduct a street party, circus, festival or event on a road or Council

land.

Infringement Penalty: 4 Penalty Units

29. Filming

A person must not without a permit conduct any filming on Council land, where the film is for a commercial purpose, public

exhibition or as part of a course conducted by an educational institution.

Infringement Penalty: 8 Penalty Units

30. Camping

A person must not, without a permit -

a) camp; or

b) occupy a vehicle, caravan, tent or other temporary structure

on Council land or road.

Infringement Penalty: 4 Penalty Units

31. Clothing Recycling Bins

A person must not place a clothing recycling bin on a road or Council land.

Infringement Penalty: 8 Penalty Units

Page 15

Brimbank City Council

General Local Law 2018

Local Law No.2

Part 5 - Alcohol and Smoking

32. Consumption and Possession of Alcohol

32.1. A person must not, without a permit, consume any alcohol in a public place.

32.2. A person must not have in their possession any unsealed container of alcohol on a road, in a public place or in any

motor vehicle which is on a road or in a public place.

Infringement Penalty: 4 Penalty Units

32.3. Nothing in clause 32.1 applies to any person who -

a) is in or on premises that is licensed under the

; or

b) has received, or is the subject of, a permit granted by Council in connection with a function or event.

32.4. Notwithstanding sub-clause 32.1, Council may designate and signpost areas in which the consumption of alcohol is

permitted during specified hours or between sunrise and sunset.

33. Smoke Free Areas in the Municipality

33.1. The Council may designate any area within the Municipality to be a smoke free area.

33.2. The Council must erect and maintain, or cause to be erected and maintained, in a prominent place appropriate signage

in any area that has been designated a smoke free area.

33.3. A person must not smoke in, or on, any area within the Municipality that has been declared to be a smoke free area

and has appropriate smoke free area signage erected and maintained.

Infringement Penalty: 4 Penalty Units

Page 16

Brimbank City Council

General Local Law 2018

Local Law No.2

Part 6 – Noise

34. Noise

34.1. A person must not –

a) without a permit, on Council property or in a public place, play, control, operate or use a loud speaker, amplifier,

microphone, wireless receiving set or broadcasting set or other like device capable of being used for making or

amplifying sounds, so as to cause interference with the quiet enjoyment of any other person in or near that property

or place; or

b) emit or cause to be emitted a noise that can be heard in a habitable room of any residential premises (regardless of

whether any door or window giving access to that room is open), during the times provided in the

.

Infringement Penalty: 4 Penalty Units

Page 17

Brimbank City Council

General Local Law 2018

Local Law No.2

Part 7 – Waste

35. Disposal of Garbage and Recyclables

35.1. The occupier of a property to which Council provides a waste collection service must not –

a) damage or misuse a mobile bin issued by Council in terms of its placement, maintenance, loading weights, nature of

materials placed in the bin and in the transfer of those materials; or

b) leave the bin outside the boundary of such property for more than one day (24 hours) before or after the nominated

collection day;

c) place any waste in a bin that would prevent the lid of it being closed;

d) place any items in a bin which are likely to damage it or the waste collection vehicle or equipment.

35.2. A person must not remove or interfere with any garbage, hard waste, green waste, recyclable materials or mobile bins

which are placed out for collection.

35.3. Where Council has given public notice that a hard waste and/or green waste collection will be made, any collectables

must be left for collection in accordance with Council’s public notice.

Infringement Penalty: 4 Penalty Units

36. Litter Bins

A person must not place any household, industrial or commercial waste in a Council litter bin.

Infringement Penalty: 4 Penalty Units

37. Waste Containers

A person must not, without a permit, place or allow to be placed on Council property any waste container.

Infringement Penalty: 4 Penalty Units

Page 18

Brimbank City Council

General Local Law 2018

Local Law No.2

38. Trade Waste

38.1. The owner or occupier of any land must ensure that any trade waste hopper kept on the land is constructed and

maintained in a clean and sanitary condition to the satisfaction of an authorised officer and prevents the escape of

liquid or solid waste from the trade hopper.

38.2. A person must not collect any trade waste from any trade waste hopper outside the hours of 7am - 8pm (inclusive)

Monday to Saturday; 9am - 8pm (inclusive) Sunday and public holidays.

38.3. Council or an authorised officer may issue a Notice to Comply under clause 49 of this Local Law requiring an owner

of land to carry out work in or around the area where a trade waste hopper is kept, to ensure that the relevant area is

maintained in a safe, clean and sanitary condition.

38.4. A person must not place a trade waste hopper on a road or Council land for longer than is practicably required for the

emptying of the trade waste hopper and in no event for longer than 24 hours.

38.5. A person must not store a trade waste hopper in a location that may cause an obstruction to pedestrian or vehicular

traffic, or a danger to any person.

38.6. An occupier of land that uses a trade waste hopper must:

a) ensure the lid of the trade waste hopper is closed at all times;

b) repair any damage caused by the placing or emptying of the trade waste hopper, to any vehicle crossing, road,

footway, kerb or drain.

Infringement Penalty: 4 Penalty Units

39. Screening of Bins and Storage Areas

39.1. Council may, if a site is deemed unsightly or to prevent the escape of waste from the site, issue a Notice to Comply

under clause 49 of this Local Law to an owner or occupier of land to install, repair, replace or modify a fence or other

means of screening charity bins, waste bins, skips or cardboard recycling storage areas from public view.

40. Discharge to Drains

A person must not deposit or allow any substance, other than storm water, to enter any drain under the control of Council.

Infringement Penalty: 10 Penalty Units

Infringement Penalty: 10 Penalty Units

Page 19

Brimbank City Council

General Local Law 2018

Local Law No.2

Part 8 – Vehicles

41. Recreation Vehicles

41.1. A person must not use a recreation vehicle on any Council property without a permit.

Infringement Penalty: 4 Penalty Units

41.2. An authorised officer may -

a) require any person responsible for a recreational vehicle, to remove such vehicle from a public space;

b) move or impound any recreational vehicle associated with a contravention of clause 41.1 of this Local Law, and retain

the vehicle for until the appropriate fee is paid;

c) deliver a moved or impounded object to its owner, upon payment of the fee set by Council; or

d) sell, dispose of, or destroy a moved or impounded object if the required fee has not been paid within 28 days from the

date the vehicle is impounded.

42. Heavy Motor Vehicles on Land

A person must not on any land without a permit keep, dismantle, repair or paint a motor vehicle of more than a –

a) Gross Vehicle Mass of 4.5 tonnes; or

b) length of 7 metres.

Infringement Penalty: 4 Penalty Units

Page 20

Brimbank City Council

General Local Law 2018

Local Law No.2

43. Parking

43.1. An authorised officer may issue a verbal direction under clause 49 of this Local Law requiring a person to move

a vehicle so that works in the relevant area can be progressed, or in order for Council to be able to perform other

functions or activities.

43.2. Motor vehicles must be parked in accordance with the:

a) relevant parking restrictions in place;

b) verbal direction of an authorised officer issued under clause 49 of this Local Law pursuant to clause 43.1 of

this Local Law; or

c) Notice to Comply issued under clause 49 of this Local Law.

Infringement Penalty: 4 Penalty Units

43.3. A vehicle parked in contravention of clause 43.2 will be deemed to be an obstruction for the purposes of clause 44.1.

Infringement Penalty: 4 Penalty Units

43.4. An authorised officer may cause an obstructing vehicle (and anything in, on or attached to, the vehicle) to be:

a) moved;

b) impounded; or

c) returned to its owner on payment of a fee set by Council.

43.5. If the owner of the vehicle has not paid the fee referred to in clause 43.4 within 14 days of Council impounding the

vehicle, Council may cause the vehicle to be:

a) sold;

b) destroyed; or

c) given away.

Page 21

Brimbank City Council

General Local Law 2018

Local Law No.2

Part 9 – Obstructions

44. General

44.1. An authorised officer may –

a) require any person responsible for an obstruction, to remove such obstruction;

b) move or impound any object causing, or associated with, an obstruction, or a breach of any part of this Local Law;

c) deliver a moved or impounded object to its owner, upon payment of a fee set by Council for release of the impounded

object and delivery of the impounded item where delivery is by Council or authorised contractor; or

d) sell, dispose of, or destroy a moved or impounded object if the required fee has not been paid within 28 days from the

date the vehicle is impounded.

45. Shipping Containers

45.1. A person must not, without a permit, place or allow to be placed a shipping container on public land within the

Municipality, including roads and nature strips.

Infringement Penalty: 4 Penalty Units

46. Shopping Trolleys

46.1. A person or business must not make available for use in a public place a shopping trolley that does not have a

functional coin mechanism device or an electronic wheel locking device attached.

46.2. Clause 46.1 does not apply to a person or business who –

a) makes available fewer than 25 shopping trolleys; or

b) retails predominantly hardware products.

46.3. A person or business who makes available 25 or more trolleys must have a regular trolley collection service. The

timetable for trolley collections and the contact details of the provider of the collection service must be kept up to date

and provided to Council and authorised officers upon request.

46.4. A person must not leave a shopping trolley on any road, path, nature strip or other Council land except in an area

designated for that purpose or on land under the control of the retailer providing the shopping trolley.

46.5. Within 24 hours of being notified by an authorised officer of the location of a misplaced shopping trolley, the owner

must collect the shopping trolley.

Infringement Penalty: 4 Penalty Units

Page 22

Brimbank City Council

General Local Law 2018

Local Law No.2

Part 10 – Permits

47. Applications for Permits

47.1. An application for a permit under this Local Law must be –

a) submitted in a form approved by Council; and

b) accompanied by the fee set by Council, unless waived.

47.2. Council may require an applicant to supply more information or to give public notice of the application.

47.3. Council may decide –

a) to grant a permit with or without conditions; or

b) to refuse a permit.

47.4.Council may revoke a permit at any time without prior consultation with the permit holder.

47.5. Council may exempt a person or class of persons from the requirement to obtain a permit under this Local Law.

Page 23

Brimbank City Council

General Local Law 2018

Local Law No.2

Part 11 – Offences, Notices, Penalties and Compensation

48. Offences

48.1. A person is guilty of an offence if the person –

a) contravenes a provision of this Local Law;

b) fails to do something which a provision of this Local law requires to be done;

c) knowingly supplies any false information in support of an application for a permit under this Local Law;

d) engages in activity without a current permit where a provision of this Local Law requires that the person obtain a

permit before engaging in that activity;

e) breaches or fails to comply with a condition of a permit issued under this Local Law;

f) fails to comply with a verbal direction issued or a Notice to Comply served, by an authorised officer; or

g) fails to comply with a sign erected by Council.

49. Notice to Comply

49.1. Where an authorised officer reasonably believes that a person has contravened any provision of this Local Law, the

officer may issue that person with a written Notice to Comply.

49.2. Where it is impractical or not possible to issue a written Notice to Comply, an authorised officer may issue a verbal

direction, requiring that person to –

a) stop offending; and

b) do anything necessary to rectify the offence.

49.3. A person served with a direction under this clause must comply within the time specified in the direction and a failure

to do so may attract an infringement notice.

Infringement Penalty: 8 Penalty Units

Page 24

Brimbank City Council

General Local Law 2018

Local Law No.2

50. Infringement Notices

50.1. Where an authorised officer reasonably believes that a person has committed an offence against this Local Law or the

, the officer may issue to that person an Infringement Notice as an alternative to a prosecution for the

offence.

50.2. An Infringement Notice will specify the amount payable, due date for payment, and options available to the recipient

of the Infringement Notice.

50.3. In all cases, the due date on an Infringement Notice will provide a period for payment of no less than 28 days after the

date upon which the Infringement Notice was served.

50.4.The level of penalty to be specified in an Infringement Notice will be determined by Council in accordance with the

provision of this Local Law.

51. Penalties

51.1. Unless expressly provided otherwise, a person found guilty of an offence under this Local Law is subject to the

following penalties –

a) first offence – maximum of 20 penalty units

b) subsequent offence – maximum of 20 penalty units; and

c) an additional 2 penalty Units per day for each day after the issuing of an Infringement Notice where the offence is

deemed by an authorised officer to have continued.

52. Compensation

The Court before which any person is found guilty of an offence under this Local Law may, in addition to imposing any

penalty, order the defendant to compensate Council for the cost of any work carried out by, or on behalf of Council,

necessitated by the defendant’s actions or inaction under this Local Law.

9249 4000

info@brimbank.vic.gov.au

PO Box 70, Sunshine, VIC 3020

• TTY dial

133 677

• Speak & Listen

1300 555 727

•

www.relayservice.gov.au

, then enter

03 9249 4000

www.facebook.com/brimbankcouncil

www.twitter.com/brimbankcouncil

www.youtube.com/brimbankcitycouncil

9209 0140

Local call costs apply

The Common Seal of Brimbank City Council was affixed to this

Local Law by the Mayor of Brimbank, Cr Margaret Giudice, and the

interim Chief Executive Officer, Ms Helen Morrissey.

The Local Law was gazetted on 30 November 2017,

and became operational on 1 January 2018.