Alice Springs (Shopping Trolley) By-laws 2008 (NT)

ALICE SPRINGS (SHOPPING TROLLEY)

BY-LAWS 2008

Subordinate Legislation No. 22, 2008

Alice Springs Town Council

MUNICIPALITY OF ALICE SPRINGS

ALICE SPRINGS (SHOPPING TROLLEY) BY-LAWS

TABLE OF PROVISIONS

By-law

1	Citation	1
2	Purpose	1
3	Enactment and commencement	1
4	Application	1
5	Definitions	1
6	Illegal abandonment	2
7	Impounding	2
8	Notice to retailer	3
9	Release fee	3
10	Release to owner	3
11	Failing to claim	4
12	Disposal by Council	4
13	Penalties	4
14	Infringement notices	4
Schedule	8

Alice Springs Town Council

MUNICIPALITY OF ALICE SPRINGS

ALICE SPRINGS (SHOPPING TROLLEY) BY-LAWS

By-laws under the Local Government Act

1                Citation

These By-laws may be cited as the Alice Springs (Shopping

Trolley) By-laws 2008.

2               Purpose

The purpose of these By-laws is to deter the abandonment of shopping trolleys so as to provide for the safety of road users and pedestrians and preserve the visual amenity of the

municipality.

3               Enactment and commencement

(1)	These by-laws were made by resolution of the Alice Springs Town Council on the 30 th day of June 2008 pursuant to Part 13.1 of the Local Government Act.
(2)	These by-laws have force and effect from the 1 st day of August 2008 or the date that they are notified in the Gazette whichever is later.

4               Application

These By-laws apply to the whole of the municipality.

5                Definitions

In these By-laws:

authorised person means a person appointed by Council under

section 112(1) of the Local Government Act;

claim, in relation to the actions of an owner of a shopping trolley,

means to physically take possession of a shopping trolley;

Notified in the Northern Territory Government Gazette on 1 October 2008

By-law 7 Impounding

Council means the Alice Springs Town Council;

Council land means any road, land or other asset which is

owned by or under the care, custody and management of

Council;

infringement notice means a notice under By-law 14; municipality means the Municipality of Alice Springs;

penalty unit, see Penalty Units Act;

person includes a corporation and any other body corporate;

retailer means a person who sells goods by retail and provides

shopping trolleys to that person's customers;

road includes a road reserve; and

shopping trolley means a vehicle used primarily for the carriage

of goods by customers.

6               Illegal abandonment

(1)

A person must not leave a shopping trolley on or in Council land

except in an area designated for that purpose.

(2)

A person who contravenes clause (1) is guilty of an offence.

7                Impounding

Where a shopping trolley has been left on or in Council land in contravention of By-law 6, either:

(a)	an authorised person; or
(b)	any other person contracted by Council for this purpose

Alice Springs (Shopping Trolley) By-laws 2008

By-law 10 Release to owner

may seize and impound the shopping trolley.

8              Notice to retailer

(1)

On the first business day of each month or as soon as possible thereafter Council must serve on each retailer that owns at least one shopping trolley impounded under By-law 7 in the preceding

month a notice listing the shopping trolleys that have been so

impounded.

(2)

The notice referred to in clause (1) must state:

(a)	the period within which the shopping trolleys listed must be claimed;
(b)	that it is an offence not to claim a shopping trolley so impounded within the period stated in the notice; and
(c)	that the shopping trolleys listed may be disposed of by Council after the period stated in the notice.

9                Release fee

(1)

Council may by resolution determine a fee for the release of any

shopping trolley impounded under By-law 7.

(2)

The release fee referred to in clause (1) must not exceed an

amount that reasonably represents the cost to Council of

impounding, moving, keeping and releasing the shopping trolley

including any relevant overheads and indirect costs.

10             Release to owner

Council must release a shopping trolley impounded under By-law

7 to its owner on payment of any release fee determined under

By-law 9.

Alice Springs (Shopping Trolley) By-laws 2008 3

By-law 14 Infringement notices

11              Failing to claim

(1)

A person who fails to claim any shopping trolley listed in a notice served on that person under By-law 8 within the stated period is guilty of an offence

(2)

To avoid doubt, a failure to claim each of the shopping trolleys

within the stated period constitutes a separate offence under

clause (1).

12             Disposal by Council

(1)

Any impounded shopping trolley not claimed within the time stated in the notice referred to in By-law 8 may thereafter be disposed of by Council.

(2)

No claim or action by the owner of a shopping trolley impounded

under By-law 7 or disposed of under clause (1) of this By-law

may lie against Council, an authorised person or other person

acting in accordance with those By-laws.

13             Penalties

A person who is guilty of an offence against these By-laws is liable to a penalty not exceeding 10 penalty units.

14             Infringement notices

(1)

Despite by-law 13, as an alternative to prosecution, a person

who is alleged to have contravened or failed to comply with a by-

law specified in column 1 of the Schedule may be served with an

infringement notice under which the person may pay to the

Council a sum (in this By-law 14, a fixed penalty) in lieu of the

penalty by which the infringement of that By-law is otherwise

punishable.

(2)

For the purposes of this By-law 14:

Alice Springs (Shopping Trolley) By-laws 2008 4

By- law 14 Infringement notices

(a)

the sum specified in column 3 of the Schedule is the fixed penalty payable under an infringement notice for an infringement of the By-law specified opposite in column 1, and generally described opposite in column 2, of the Schedule;

(b)

an infringement notice is to be in a determined form and include:

(i)	the name of the alleged offender;
(ii)	in general terms, the nature of the offence alleged to have been committed;

(iii) the date, time and place of the alleged offence;

(iv) the amount of the fixed penalty; and

(c)	the period within which, and the place where, the fixed penalty may be paid.
(d)	an infringement notice may be issued and served by an authorised person; and
(e)	the fixed penalty specified in an infringement notice is to be paid to Council within 14 days of the date on which the infringement notice is served on the alleged offender.

(3)

An infringement notice is to also contain the statements to the

effect:

(a) that the alleged offender may expiate the offence and

avoid enforcement action under the Fines and Penalties

(Recovery) Act (in this By-law 14, the Act) if he or she

pays the fixed penalty to Council within 14 days of service

of the infringement notice;

Alice Springs (Shopping Trolley) By-laws 2008 5

By-law 14 Infringement notices

(b)

that if the alleged offender pays the fixed penalty within the take no further action in relation to the offence;

(c) dealt with a court of competent jurisdiction by electing

that the alleged offender may, if he or she so wishes, be a court instead of under that Act by completing a statement of election and serving it on Council:

(i)	at any time before a courtesy letter under the Act is served on the alleged offender; or
(ii)	if a courtesy letter is served on the alleged offender, before the due date specified in that letter;

(d)

that if the alleged offender does not pay the fixed penalty within the period specified in the infringement notice and does not within that period serve on Council a statement of

election under the Act:

(i) the Act will apply and the alleged offender may be served with a courtesy letter in accordance with that Act requiring payment of the fixed penalty together with the costs in respect of the issue of that letter; and

(ii) as required by a courtesy letter, enforcement action may be taken against him or her under the Act which, after due process, may result in the suspension of the if the alleged offender does not make the payment property, the deduction of wages or salary, the registration of a statutory charge on land, a community work order or imprisonment if a community work order is breached;

Alice Springs (Shopping Trolley) By-laws 2008 6

By-law 14 Infringement notices

(4)

An infringement notice is to also contain a statement of

election under the Act that includes the information required by

regulation 7(1) of the Fines and Penalties (Recovery)

Regulations.

(5)

A fixed penalty may be expressed by way of penalty units

including fractions of a penalty unit.

These by-laws were made by special resolution of the Alice Springs

Town Council at its Ordinary meeting on the 30 th day of June 2008.

Rex Roger Mooney

CHIEF EXECUTIVE OFFICER

Alice Springs (Shopping Trolley) By-laws 2008 7

SCHEDULE

By-law 13(1)

and (2)(a)

FIXED PENALTIES

Column 2 Column 3

Column 1

General Description of Offence Penalty units

By-law

6(2)	Abandonment of shopping trolley	1
Failing to claim shopping trolley	2

Alice Springs (Shopping Trolley) By-laws 2008 8