Untitled document
NORTHERN TERRITORY OF AUSTRALIA
BY-LAWS OF THE KATHERINE TOWN COUNCIL
As in force at 17 October 1990
TABLE OF PROVISIONS
PRELIMINARY
DIVISION OF BY-LAWS
These By-laws are divided into Chapters as follows:
CHAPTER1. Interpretations, Short Title, General Provisions, Licences, Permits
(By-laws 1.01 - 1.16)
CHAPTER2. (By-laws 2.01 - 2.71) (Repealed]
CHAPTER3. Roads and Streets - Encroachments, Awnings, Lamps Over Footways, Fences, Storm Water, Opening of Roads, Permits, Removal of Materials, Crossings, Street Names and Numbers, Street Stalls, Tree Planting
(By-laws 3.01 - 3.58)
CHAPTER4. Traffic Control
(By-laws 4.01 - 4.27)
CHAPTER5. (By-laws 5.01 - 5.10) (Repealed)
CHAPTER 6. Public Health and Sanitation - Cleansing of Premises, Garbage Service, Removal of Dead Animals, Removal of Motor Vehicles
(By-laws 6.01 - 6.41)
CHAPTER7. Signs and Signboards - Defacing and Bill Sticking, Signs and Licence Fees, Removal of Signs
(By-laws 7.01 - 7.12)
CHAPTER8. Public Safety and Convenience, Security During Building Operations, Creating of a Disturbance
(By-laws 8.01 - 8.25)
CHAPTER9. Petrol Pumps - Erection of and Licensing
(By-laws 9.01 - 9.10)
CHAPTER 10. Parks, Gardens, Commons and Reserves - Trespassing, Erection of Tents, Playing of Games, Music and Singing
(By-laws 10.01 - 10.37)
CHAPTER 11. Tents, Camping and Car Parks, Camping Areas, Erection of Tents and Fees
(By-laws 11.01 - 11.09)
CHAPTER 12. Theatres and places of Amusement - Licensing of Premises and Fees Payable
(By-laws 12.01 - 12.20)
CHAPTER 13. Rivers, Streams, Springs and Other Bathing and Recreation Areas - Protection and Conduct, Nuisances
(By-laws 13.01 - 13.06)
CHAPTER 14. Halls and Other Buildings - Use of Halls, Safety Precautions and Fees Payable
(By-laws 14.01 - 14.14)
CHAPTER 15. Animals - Pounds
(By-laws 15.01 - 15.28)
CHAPTER 16. Taxi Cabs and Stands
(By-laws 16.01 - 16.15)
CHAPTER 17. Rates, Charges and Services
(By-laws 17.01 - 17.05)
Notes
Table of Amendments
NORTHERN TERRITORY OF AUSTRALIA
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THE BY-LAWS OF THE KATHERINE TOWN COUNCIL
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NOTE - THIS REPRINT SHOWS THE BY-LAWS AS IN FORCE AT 17 OCTOBER 1990. ANY AMENDMENTS THAT MAY COME INTO OPERATION AFTER THAT DATE ARE NOT INCLUDED.
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CHAPTER 1
INTERPRETATIONS .. .. .. .. By-law 1.01
SHORT TITLE .. .. .. .. .. By-law 1.02
APPLICATION .. .. .. .. .. By-laws 1.03 - 1.08
LICENCES AND PERMITS .. .. .. By-laws 1.09 - 1.14
1.01 INTERPRETATION
In these By-laws, unless the context otherwise indi-cates or requires, the following terms have the meaning set against them respectively, that is to say:-
Alignment
The Boundary line between any road and any land abutting thereon.
Animals
Cattle, horses, camels, sheep, dogs, goats and swine.
Approved garbage bin
A bin impervious to moisture, and with a close fitting lid with a cubic capacity of not more one cubic metre used for the reception of garbage.
Area
The district in which the Council has jurisdiction.
Bridge
A bridge, ford, causeway, culvert or other crossing upon a street, road or highway.
Building
Any fixed structure which is either wholly or in part enclosed by walls and which is roofed.
By-laws
By-laws made pursuant to the Local Government Ordinance of 1954 of the Northern Territory.
Clerk
The person appointed and holds office as the Town Clerk of the Municipality, the term includes the officer for the time being performing the duties of Town Clerk.
Council
The Katherine Town Council.
Councillor
A person who is appointed or elected to the office of Councillor for a municipality or ward and who holds office as Councillor under this Ordinance.
Council office
The office of a municipality established and maintained in accordance with the Local Government Ordinance of 1954.
Duties
Include responsibilities and obligations.
Engineer
The officer appointed by the Council to be Engineer for the purposes of these By-laws, the term includes any officer for the time being performing the duties of Engineer.
Garbage
Includes all kinds of rubbish, waste, refuse, debris, and trade refuse.
Goods
Goods, chattels, merchandise, materials, stone, timber or other articles.
Horses
Horses, mares, geldings, colts and fillies, asses and mules.
Inspector
The person appointed and takes office as Inspector of the Municipality or any other person delegated by Council to be Inspector.
Licensed vehicle
Any stage carriage, or omnibus, hackney, carriage, motor, coach, car, cab, wagon, lorry, cart, van, dray, trolley, motor bicycle or other vehicle in respect of which a licence under the provisions of these By-laws is in force.
Licensee
The holder for the time being of any licence under the provisions of these By-laws or the Local Govern-ment Ordinance of 1954.
Mayor
The person who is elected or appointed as Mayor of the Katherine Town Council and who holds office of Mayor, and includes an Acting Mayor appointed or holding office.
Municipality
The Municipality of Katherine.
Noxious weed or plant
Any weed or plant growing within any area which has been declared to be a noxious weed or plant under any Northern Territory Ordinance.
Occupier
The person having the charge, management, or control of a building, and in the case of a building which is let out in separate tenements, or in the case of a lodging house which is let to lodgers, the person receiving the rent payable by the tenants or ledgers, either on his own account or as the agent of another person, and includes any person in occupation or entitled to occupy the surface of any land belonging to the Commonwealth, notwithstanding any want or defect of title to occupy the land.
Officer
A person who is appointed by the Council to an office under the Council and who holds that office.
Owner or proprietor
The owner whether jointly or severally of any building or structure, or the authorised agent, manager or superintendent of the owner, and, in the case of mortgaged premises, both mortgagor and the mortgagee, and includes a lessee.
Police officer
A member of the Northern Territory Police Force.
Public place
Includes every street or way and every place which the public are allowed to use, and whether formed on private property or not, within the limits of the Municipality.
Reserve or public reserve
Includes park lands, squares, reserves, and other lands set aside for the use and enjoyment of the inhabitants of the Municipality, and vested in or under the care, control or management of the Council.
Land within the Municipality which, notwithstanding the provisions of the Control of Roads Ordinance, 1953, all roads within the boundaries of a muni-cipality, except those roads in respect of which the Minister makes a declaration pursuant to the next succeeding section, are vested in and are under the control and management of the Council of that Municipality.
Road
The Minister may, by notice in the Gazette, declare that any road within the boundaries of a municipality is vested in the Commonwealth, and is under the care, control and management of the Administrator.
Structure
Any building, wall, fence or other structure or anything affixed to or projecting from any building, wall, fence or other structure.
Vehicle
Any description of vehicle drawn or propelled by animal or other motive power other than a velocipede as herein defined.
Velocipede
A bicycle, tricycle, or other vehicle of similar description.
Writing
Includes printing or partly in printing, lithography, photography or other modes of representing or repro-ducing words in visible form.
Year
The period of time from and including the first day of July in one calendar year to and including the thirtieth day of June the next following calendar year.
1.02 SHORT TITLE
These By-laws may be cited as "The By-laws of the Katherine Town Council.
1.03. APPLICATION OF BY-LAWS
The By-laws shall apply to and be in force within the whole Municipality, except where otherwise expressly provided.
1.04 GENERAL PENALTY
Where any matter or thing is by any of these By-laws or any amendment thereto hereafter passed in addition to or in substitution therefor directed or forbidden to be done, or where any authority is given by the said By-laws, or any of them, to any person or persons to direct any matter or thing to be done, and such act so directed to be done remains undone, or such acts forbidden to be done are done, in every such case every person offending against such direction or prohibition shall be deemed guilty of an offence.
Every person guilty of an offence against any of the provisions of these By-laws shall, for every such offence where no specific penalty is provided therefor, be liable to a penalty not exceeding two hundred dollars, and also to a penalty of twenty dollars per day on which the offence is continued after notice has been given to the offender of the commission of the offence or after a conviction or order by any court, as the case may be.
In addition, in any case, in the said By-laws pro-vided when the Council has power to call upon any person to do any work, and such work be not done in accord-ance with the requisition on that behalf, the Council may
do the same or cause the same to be done, and may recover the costs therefor from the person who was required as aforesaid to do the same.
1.05 OBSTRUCTION TO OFFICERS
Any person who shall unlawfully obstruct, disturb, interrupt, or assault any officer or employee of the Council or any contractor or sub-contractor or employee of such contractor or sub-contractor in the proper execution of his work or duty shall be guilty of an offence under these By-laws.
1.06 EXPENSES
Whenever any expense is incurred by the Council in consequence of a breach of any of the provisions of these By-laws, or in the execution of work directed by the By-laws to be executed by any person and not executed by him, then, in addition to any penalty to which the person committing such breach or failing to execute such work may be liable, all such expenses of and in connection with execution of the work as aforesaid shall be paid to the Council by the person so committing such breach or failing to execute such work, and may be recovered in any court of competent jurisdiction.
1.07 ARREST OF OFFENDERS
Any officer or servant or a person appointed by the Council or any member of the Police Force may arrest any person offending against any of the provisions of the Local Government Ordinance of 1954 or any of these By-laws.
1.08 DELEGATION OF POWERS
Whenever by the By-laws power is granted to the Mayor or to any Councillor or to any officer of the Council to sign, seal, or sign and seal, any notice, order, or agreement, or to issue, sign, seal, renew, revoke, or cancel any licence, permit, authority or consent which the Council is entitled to sign, seal, or seal and sign, renew, revoke, or cancel, or to sign any letter, receipt, or other document, or to perform any act, deed, or thing necessary, ancillary, or incidental to the carrying out of the powers or duties of the Council, such powers shall be deemed for all purposes to have been granted and delegated under and in pursuance of Part XVII of the Local Government Ordinance of 1954.
Whether, by the Local Government Ordinance of 1954 or by the By-laws, the Council is required or empowered to grant, permit, approve, disapprove, order, direct, require, waive, or exercise any discretion in relation to any act, matter or thing, and the context does not indi-cate that such requirement or power is to be fulfilled or exercised by the Council by resolution or in any other specified manner, then such requirement or power may be fulfilled or exercised on behalf of the Council by the Officer of the Council authorised for the purpose, or exercising functions generally in relation to such act, matter or thing, and if there be no such officer, then by the Clerk, but this clause shall not be considered to abridge or affect the Council's right to fulfill or exer-cise such requirements or power by resolution where it has not been fulfilled or exercised by any officer or other employee appointed pursuant to the powers of delegation above set forth.
All forms prescribed by these By-laws to be used shall be deemed to have been prescribed in pursuance of subsection 2 of section 349 of Part XVII of the Local Government Ordinance of 1954.
1.09 APPLICATION FEE, LICENCE &c.
Every person who desires to obtain a licence, permit or registration for any purpose under these By-laws, or the renewal of the same, shall make application in writing in that behalf to the Town Clerk. Such application shall be signed by or on behalf of the applicant, and shall be accompanied by a fee, if any, prescribed and payable in that behalf, and by documents, if any required, to be submitted therewith.
1.10 DURATION OF LICENCE AND REMOVAL
(i) Every licence and registration granted, obtained or made under the By-laws shall, except when otherwise expressly stated or where the context so requires, be in force until the following thirtieth day of June.
(ii) Permits may be for a specific act or matter or for a definite period, or of indefinite duration: and if of indefinite duration, shall be revokable by the Council at any time, upon reasonable notice.
(iii) Any licence or permit may be granted upon such conditions and subject to such restrictions and limi-tations as the Mayor or the Council may deem proper; and such conditions, restrictions, and limitations shall be stated in the licence or permit, or endorsed thereon.
(iv) A licence, permit, or registration current under the By-laws may be suspended by the Mayor in his discretion for any period not exceeding three months for any reason which appears to him to justify such suspension. The Mayor shall report any such suspension and the reason therefor to the Council at its first ordinary meeting thereafter, and the Council may, if it sees fit, cancel, modify or confirm such suspension. The Council may at any time suspend or absolutely revoke or cancel any licence, permit or registration upon being satisfied that the person entitled to the benefit thereof has been guilty of improper conduct or any breach of the By-laws in relation thereto or any breach of the con-ditions thereof: Provided that such person shall first have been given an opportunity of being heard in his own defence.
1.11 GENERAL CHARGE FOR PERMIT
Where no fee is expressly prescribed for any permit or licence and it is not expressly stated that the permit shall be issued without fee, a fee of two dollars shall be charged for every such permit or licence issued under these By-laws.
1.12 DEPOSIT ON LICENCE OR PERMIT
Whenever under these By-laws any licence or permit is prescribed to be obtained for the performance of any work, and it appears to the Council or officer authorised to grant the licence or permit that the performance of such work may involve any alteration of or damage to property of or under the control of the Council, the Council or such officer may, before granting such licence or permit, require the applicant to deposit with the Clerk such sums of money or to find some satisfactory security in such amounts as will, in the opinion of the Council or such officer, be sufficient to cover any expenditure by the Council that may be occasioned; such deposit, if made, shall be returnable on completion of the work if such expenditure is not required, otherwise any such alteration may be made, or any such damage may be made good by the Council, and such deposit may be applied towards defraying the expenses incurred and the balance only shall be repaid to the person making the deposit.
1.13 ISSUE OF LICENCE
The Clerk may, or the Mayor may authorise the Clerk to forthwith grant such licence, permit or registration, or renewal thereof, or, if he sees fit, may reserve the application for consideration by the Council.
1.14 TRANSFER OF PERMITS
The procedure for the transfer of a licence, permit or registration shall be the same as in the case of a new application, except that the application must be signed by the transferor and transferee, and the original licence, permit or certificate of registration produced for endorsement of the fact of transfer, and a transfer fee of two dollars paid.
1.15 SINGULAR INCLUDES PLURAL
In these By-laws words importing the masculine gender shall be deemed and taken to include the feminine gender and the singular to include the plural and the plural the singular, unless the contrary as to gender or number is expressly provided.
1.16 GAZETTAL
The word "gazettal" shall mean publication in the Gazette.
CHAPTER 2
(By-laws 2.01 - 2.71) (Repealed)
CHAPTER 3
ROADS AND STREETS
ENCROACHMENT .. .. .. .. .. By-laws 3.01 - 3.02
AWNINGS .. .. .. .. .. .. By-laws 3.03 - 3.09
LAMPS ON FOOTWAY .. .. .. .. By-law 3.10
HOISTS & OTHER OBSTRUCTIONS .. .. By-laws 3.11 - 3.13
FENCES .. .. .. .. .. .. By-law 3.14
STORM WATER .. .. .. .. .. By-laws 3.15 - 3.17
DAMAGE TO ROADWAY .. .. .. .. By-laws 3.18 - 3.22
OPENING OF ROAD .. .. .. .. By-law 3.23
DEPOSITING OF MATERIAL .. .. .. By-law 3.24
NOTICE TO BUILD .. .. .. .. By-laws 3.25 - 3.31
MAKING OF CROSSINGS .. .. .. .. By-laws 3.32 - 3.37
EXTRAORDINARY TRAFFIC .. .. .. By-laws 3.38 - 3.40
STREET NAMES AND NUMBERING .. .. By-laws 3.41 - 3.42
STREET STALLS AND PROCESSIONS .. .. By-laws 3.43 - 3.44
MISCELLANEOUS MATTERS .. .. .. By-laws 3.45 - 3.53
TREE PLANTING .. .. .. .. .. By-laws 3.54 - 3.55
SHELTER SHEDS .. .. .. .. .. By-laws 3.56 - 3.58
3.01 CONTROL OF FOOTWAY AND TRAFFIC WAY
The Council may from time to time by resolution appropriate any part or parts of any road as a footway, carriageway, cycle way or to any specified class or classes of traffic, and may make, form or pave, raise or lower, divide off from other parts of the road or other-wise deal with the part appropriated so to make it more convenient for the class of traffic to which it is appropriated.
3.02 ENCROACHMENT
Save as by these By-laws is otherwise expressly provided, no person shall erect or begin to erect, or cause or permit to be erected, any fence, rail, building, stair, balcony, awning, projection or other structure, so as to encroach on any road or public place.
If any person erects or begins to erect, or causes to erect, or maintains or uses any such fence, rail, building, stair, steps, balcony, awning, projection or other structure, he shall forthwith remove the same upon being required to do so by the Council by notice in writing, and if he fails to do so for a period of seven days after such notice he shall be guilty of an offence, and, in addition, the Council may cause the same to be removed.
3.03 PERMIT FOR AWNINGS
The owner or occupier of any building or proposed building abutting or to abut on a road, may, upon obtaining from the Council a permit as hereinafter provided, erect an awning or balcony in connection there-with over the footway of such road, or alter or vary any existing awning or balcony. The fee for such permit shall be $5.00.
The application for such permit shall be accompanied by a plan and copy thereof as hereinafter provided, and specifications of the proposed awning or balcony, showing the proposed dimensions material, and position relative to the footway and the building.
A copy of such plan drawn to scale of not less than 2.5 cm to 2.4 metres, with specifications, shall be deposited in the office of the Town Clerk, and shall be recorded and retained by him.
The permit, if granted, may stipulate for variation or amendment of the plans and specifications in any respect.
3.04 GENERAL CONDITIONS FOR AWNINGS
(a) Except where special permission is granted under the next following By-law, the following general conditions shall apply to all awnings and balconies to be erected as aforesaid, and shall be observed in the preparation of the plans and specifications thereof: -
The entablature or frieze shall be carried along the several frontages in true horizontal line, the lower rail at a minimum height of three metres above the kerbing until the height of four metres or within 10 cm less or more than four metres has been attained, when the line shall be discontinued and shall commence at the minimum height.
Provided that in the case such height of four metres more or less is attained elsewhere than exactly at the party wall or dividing line between any two buildings or within two metres thereof, then the line may be carried on to the end of the frontage of the building at which such height of four metres is attained: Provided further that at all intersections of streets the minimum height above the kerbing shall be 3.4 m.
(b) The awning shall be carried out to the outer edge of the footway, and built upon steel joists or timber trusses cantilevered out from the front wall of the building, or supported on posts. Where cantilever construction is adopted no supports beneath the awnings will be permitted. Where posts are used, they shall be of no less than 10 cm and not more than 15 cm in diameter if of iron, and not less than 10 cm nor more than 15 cm square if of wood.
In first class sections of the Town all awnings shall be of cantilever construction, and shall be sealed on the underside in an approved manner, and no brackets or other supports shall be permitted to project through the ceiling.
No awning of cantilever construction shall be used as a balcony.
(c) The plate and facia of every such awning or balcony shall together be not more than 45 cm deep, and shall be of sufficient strength and thickness to support the awning or balcony, the rafters shall be no more than 15 cm deep.
(d) The covering of the awning or balcony shall be sound galvanised iron or other materials approved by the Council.
(e) The awning or balcony shall be provided with gutters and pipes so arranged and constructed as to prevent water therefrom falling on the footpath.
(f) Every balcony shall be enclosed by a railing at least 1.2 m high with iron or wood uprights not less than 7.5 cm apart, and not more than 5 cm wide, or other approved design of railing.
Notwithstanding the provisions of the last preceding By-law, the Council may by resolution grant special permission for the erection of any awning or balcony of any design which in its opinion may be suitable for the class of building to which it is proposed the same shall be attached, or which for any other reason it considers should be permitted.
3.05 AWNING TO BE ERECTED ACCORDING TO PLAN
Every awning or balcony for which a permit is granted shall be erected in all respects in conformity with the plans and specifications with such variation or amendment (if any) as may be stipulated in the permit, and the work shall be executed agreeably to such instructions as may be given from time to time by the Council's Engineer or other officer authorised by the Council, and if the person erecting the awning or balcony fails to carry out the work specified, the Council may order the removal of the objectionable work.
3.06 BALCONIES NOT TO BE ENCLOSED
No person shall enclose with any material other than railings in the front or sides of any balcony overhanging or over any or maintain any such enclosure: Provided that the Council may if it sees fit, permit lattices or louvre work enclosure of the ends of the balcony.
3.07 COUNCIL MAY USE AWNINGS
The Council shall have the right at any and all times to use any awning or balcony erected over a street or the posts thereof for the purpose of affixing thereto rubbish, notices, water tap, electric cables or lines or other matter or thing whether or not of a like nature with those hereinbefore mentioned, in consideration with any public function, utility or power exercised, fulfilled or discharged, by the Council whether in its capacity as a local Authority or in another capacity; or may grant to any other person or body corporate discharging any public functions the like privilege. This By-law shall be an implied condition of every permit granted under this Chapter.
3.08 REPAIRS TO AWNINGS
The Council may, by notice in writing, order repair, removal or painting of any awning or balcony over a road, whenever erected, if the same is or becomes dangerous to passengers or an obstruction to the public way, or leaky or unsightly, or objectionable for any reason or falls into disrepair, or in pursuance of any general scheme of town planning or street improvement.
The Council may, by notice in writing, order the removal of any awning or balcony existing at the time of the coming into force of these By-laws which has not been constructed in conformity with the provisions of this Chapter; or, if it thinks fit, may from time to time by like notice order the repair or alteration of the same, so as to bring the same into conformity with the Chapter.
3.09 DRAPING OF MATERIAL ON AWNINGS
(1) No person shall hang, drape, place, or maintain any curtain, shade, or blind of any material from, to, or upon any awning or balcony over any footpath except in pursuance of a permit issued as hereinafter provided.
(2) The owner or occupier of a building abutting upon a road may, upon obtaining a permit from the Council, hang or suspend any sunblind to or from any awning or balcony erected under the provision of this Chapter, or otherwise, fix, hang or suspend the same in conformity with such permit, which shall be subject to the right of the Council to revoke the same absolutely at any time if it sees fit to do so.
Subject to the expressed terms of any such permit, every such permit shall be granted upon the following conditions: -
(a)Every such sunblind shall be of stout canvas or other material approved by the Council.
(b)No such sunblind shall at its lowest part be less than 2.5 m above the level of the kerb at the outer edge of the footway or less than 2.5 m above the surface of the footway and no such sunblind shall extend further into the road than the outer edge of the roadway.
(c)Every such sunblind shall be securely con-structed fastened and fixed to the satisfaction of the Council, and in such manner as will prevent the same from flapping or swaying with the wind, and from causing danger or incon-venience.
(d)Every such sunblind shall be maintained in good condition to the satisfaction of the Council.
(e)Any sunblind constructed, fastened, fixed, erected or maintained otherwise than in accord-ance with the provisions of this By-law may be removed by the order of the Council at the cost of the owner, or user thereof, without notice.
3.10 LAMPS OVER FOOTWAY
No person shall, except by permission of the Council, affix to any building or fence or wall so as to project over the footway or carriageway of any road, any lamp or lamp iron or means of lighting such lamp, or any attach-ment to any awning or balcony for which a permit has been granted under this Chapter.
Any lamp or thing affixed pursuant to this By-law shall be constructed and affixed to the satisfaction of the Council and in default Council may order its removal.
3.11 HOISTS OVER FOOTWAY
No person shall swing or hoist goods across any footway by means of any lift, hoist or tackle projecting over the footway.
3.12 FOOTSCRAPERS AND OTHER OBSTRUCTIONS
No person shall cause any footscraper, doorstep, shutters or other obstruction whatever to be placed beyond the plane of the front wall of any building.
All doors and gates leading to buildings or premises shall be so placed or fixed as not to project over or upon the footway when open.
If any such scraper, or obstruction, or gate has been fixed otherwise, the Council may cause the same to be removed or altered and the cost of so doing shall be recoverable from the owner or occupier of the premises.
3.13 NOTICE AND PERMIT
Applications for the erection of any awning, balcony, lamp, lamp iron or any other projection shall be made in writing and addressed to the Town Clerk, and the written permit of the Clerk shall be obtained before such work is proceeded with.
3.14 FENCES
(1) The Council may, by serving a notice on the owner or occupier of any land abutting a roadway cause such owner or occupier to erect a fence, wall or other structure sufficient to prevent drifting sand, soil or other material from being carried to the road.
(2) Where the owner or occupier of such land as aforesaid refuses or neglects after a period of seven days as stipulated in such notice served by the Council to erect a fence, wall or other structure, the Council may cause the fence, wall or other structure to be erected, and may recover the costs of so doing from the owner or occupier as a debt due to the Council.
(3) Where the owner or occupier is required by the Council or where the owner or occupier proposes to erect, alter any fence, wall or structure as aforesaid, he shall lodge particulars as to the height, design, materials proposed to be used and any other particulars the Council may require and a site plan of the proposed fence, wall or structure aforesaid.
(4) The Council may impose under this section any alterations or additions it thinks fit to meet the conditions and circumstances required.
(5) Every person who erects or causes to be erected any fence or wall or structure abutting a roadway without having first submitted specifications and site plans shall be guilty of an offence, and the Council may cause such fence, wall or structure to be demolished and the person who erects or causes to erect shall pay to the Council such expenses it incurs in the demolition of such fence.
(6) The approval of such specification, plans and particulars shall be for the purpose of this section signified under the hand of the Clerk.
(7) The owner or occupier of any such land abutting a roadway shall cause such fence, wall or structure to be kept in good repair and condition. The Council may, by serving a notice on such owner or occupier, cause such owner or occupier to make good the repair to such fence, etc. and may set such time and day upon which such fence, wall or structure shall be repaired. On failure on the part of the owner or occupier to make such repairs, the Council may repair and make good and the Council may recover the costs of so doing from the owner or occupier as a debt due to the Council.
(8) The Council may cause any owner or occupier to repair, re-erect, demolish, alter, any fence erected before the coming into force of these By-laws and may regulate the height allowed of any such fence, hedge or hoarding then erected.
3.15 STORM WATER FROM BUILDINGS ABUTTING ON ROAD
The owner or occupier of any building on any road shall, within seven clear days or such longer time as the Council may allow after service of a notice by the Council so to do, provide and fix on such building, or on any balcony or awning attached to such building, eaves, gutters with down pipes leading into a channel of the road, shall construct or lay underground a drain in continuation of every pipe to the water-channel in the road, and at the outer edge of the footway as directed by and to the satisfaction of the Council; and such gutters, pipes and drains shall be kept in good order and free from all matter likely to prevent the free passage of roof water.
Such gutters, pipes and drains shall only be used for the conveyance of roof water, and no urinal or water pipe shall be joined so as to discharge into the same.
The drains connecting the down pipe with the channel shall be of material approved by the Council.
3.16 RAINWATER NOT TO BE CARRIED ON TO ROAD
It shall not be lawful for the owner or occupier of any premises to allow to fall, or to carry by means of pipes, guttering or other contrivances any rainwater from the roof of such buildings upon any road, otherwise than by proper downpipes and underground drains discharging into a water channel of the road.
3.17 RESTRICTION ON INTERFERENCE WITH ROADS
(1) No person, without a permit, unless empowered by statute to do so, shall dig or make or cause to be dug or made, any opening or cutting or lay down or erect or place or maintain any pipe, drain, post, pillar, bridge or other fixtures or erection of any description in any part of any road or public place
(2) No person, without a permit, unless empowered by statute so to do, shall dig or remove, or cause to be dug or removed any turf, sand, clay, soil or other material from any part of any road or public place.
(3) Any person who at any time in pursuance of a permit from the Council lays down, erects, or places, or maintains any pipe, drain, pillar, post, bridge or other fixture or erection aforesaid in any road, shall at all times thereafter so long as the same remains in such road or public place or land under the control of the Council, keep the same in proper repair; and if at any time the same be allowed to fall into disrepair, the Council may cause same to be removed and recover the costs of the removal from such person.
3.18 DAMAGE TO ROADS
No person shall, without the authority of the Council, in any road, interfere with, misuse or damage the soil, or any tree, plant, garden, or grass plot, or any material, property or walk of the Council appurtenant to such road, or do or cause to be done any thing whereby the same shall become damaged.
No person shall ride, drive or lead any animal or vehicle in a road in such a manner as to cause, nor permit any animal to cause, any damage to any constructed roadway, footway, kerb, gutter, tree, plant, garden, grass plot, ornament, fence, rail, lamp, seat, structure or other work of the Council, fair wear and tear excepted.
3.19 DRAGGING THINGS ONTO ROADWAY
No person shall propel, drag or trail in contact with the surface of any road any sledge, or timber or other heavy material or any conveyance or thing capable of damaging the road beyond reasonable wear and tear.
3.20 OBSTRUCTIONS TO ROADS
No person shall, without the authority of the Council, place, make or cause any obstruction upon any street or road.
3.21 LINES NOT TO BE HUNG ACROSS ROADS
No person shall, without the authority of the Council, place or cause to be placed any line, cord or pole in, upon, over or across any road, or hang or place flags, clothes or fabrics thereon.
3.22 GOODS ON ROADWAY
(1) No person shall expose or suffer to be exposed, whether for sale or otherwise, any article whatsoever in or upon, so as to overhang any part of any road, or outside any shop window or doorway abutting on any road.
(2) Any person being the owner or having the custody of any article exposed as aforesaid shall remove the same upon being thereunto required by any officer of the Council.
3.23 PERMIT TO OPEN ROAD
(1) The Council may grant permission to any person to lay down, erect, place or maintain any pipe, drain, post, pillar, bridge or other fixture or erection of any description or plant any tree in, or under, or upon any road, upon such terms and conditions and subject to such stipulations as the Council may by resolution determine.
(2) The Council may grant a permit to any person to open up or break the surface of any part of any road, or to dig or remove any turf, sand, clay, soil, or material from any part of any road for any lawful purpose.
(3) When any person has lawfully opened up or broken the surface of any road he shall immediately thereafter fill up, consolidate and make good such road and the surface thereof to the satisfaction of the Council, and shall, at his own expense, carry away and deposit, or cause to be carried away and deposited, where directed by the Council, all surplus earth and rubbish occasioned by such opening up or breaking.
(4) If any person makes default in the observance of any of these provisions he shall be guilty of an offence, and, in addition, the Council may cause the necessary work to be done.
(5) Provided always that the work of reinstating the surface shall, if the Council so require, be performed by the Council's workmen or contractors at the cost of the holder of the permit.
(6) It shall be lawful for any officer of the Council or any member of the Police Force to arrest any person found opening up, or breaking the surface of any road or footway thereof, or digging thereon or removing therefrom any turf, sand, clay, soil or other material thereof.
3.24 DEPOSITING BUILDING MATERIALS, &c.
No person shall throw or lay any building materials, timber, stone, brick, lime, or other materials or thing whatsoever, or put up, construct or erect any stages, scaffolding, hoarding, or fence in, upon, or across or over any part of any road, save in lawful execution of the powers given by the By-laws
3.25 NOTICE OF INTENTION TO BUILD
(1) Every person intending to build, put up or take down, or cause to be built, put up or taken down, any building or other structure abutting on or within 3 m of any road, or to alter or repair, or cause to be altered or repaired the outward part of any such building or structure, whether on any such cases over or underground, or to make a hole within 3 m of any road, shall give notice in writing of such intention to the Council.
(2) He shall in such notice fully describe the intended work and the height, depth, extent and position thereof, and whether or not it is necessary for the execution of the work that a scaffold or stage should be constructed, or that building or other materials should be deposited upon or in the footway or carriageway adjoining or in front of such structure or hole, and for what time it will be necessary that such stage or scaffolding or such materials deposited should be so kept, or that such hole should remain open.
(3) No person shall execute, or begin or continue to execute any such work without having given to the Council such notice, nor until the expiration of fourty-eight hours after receipt from the Council of a permit as hereinafter mentioned.
3.26 PERMIT MAY BE GRANTED
The Council, upon receipt of such notice, may grant to the applicant a permit authorising such person to construct such stage and scaffolding as the Council may require or approve, and to deposit building material and other materials upon or across in each of the cases aforesaid so much of the roadway or footway adjoining or in front of the site of the intended work, and to keep and continue such stage, scaffolding and materials so con-structed or deposited for such time as may be necessary and be specified in the permit.
The Council may renew the permit or grant a fresh permit to such persons from time to time, and such persons may thereupon from time to time do such acts according to the tenor of the permit and in conformity with the By-laws.
There shall be paid for each such permit or renewal thereof the sum of $20.00.
3.27 REMOVAL OF SCAFFOLDING
Every person permitted to construct any stage or scaffolding or to deposit any material as aforesaid shall, within the time limit in the permit or in the last renewal thereof, remove the whole of the stage, scaffolding or material and shall make good the footway and the carriage-way and every channel disturbed or interfered with.
3.28 ROADS NOT TO BE OBSTRUCTED
Nothing herein contained shall render it lawful to construct any stage or scaffolding, or to deposit any material, so that the same may extend or be across or over or upon any road further from the inner edge of the footway than one third of the whole breadth of such road, or in any case so as to render the road, exclusive of the footway, impassable for vehicles, or so as to obstruct any channel.
3.29 COUNCIL MAY REMOVE
If any person who ought under the foregoing pro-visions of this Chapter to remove any matter or thing, or make good any footway, carriageway, or channel, fails so to do, whether the person has been convicted of an offence under the By-laws, the Council may at the expense of such person remove such matter or thing or make good such footway, carriageway and channel.
3.30 MATERIALS NOT TO REMAIN UNNECESSARY TIME
Notwithstanding that any permit may not have expired, in no case shall any such material or other thing, or such hole be allowed to remain for an unnecessary time.
3.31 LIGHTS TO BE FIXED
When any building, material, rubbish or other thing is laid on, or any hole is made in any road, or any work is being carried on entailing the opening up or breaking the surface of any road, whether the same is done by the authority of the Council or not, the person causing such material or other thing to be so laid, or such hole to be made, or such work to be carried on, shall at his own expense cause sufficient lights of a red colour to be fixed in a proper place upon or near the same, and continue such lights every night from sunset to sunrise while any such obstruction remains, and shall, during all such time, at his own expense, cause the site to be sufficiently fenced and enclosed so as to prevent any damage or inconvenience.
3.32 NOTICE OF MAKING CROSSING
(1) The owner or occupier of any land which abuts upon the footway of any road who desires to construct a crossing over such footway and over any channel lying the outer edge thereof for the purpose of providing access for animals and vehicles to his land shall lodge a notice, in writing, in the office of the Town Clerk.
(2) Such notice shall describe the situation of the land and shall be accompanied by a written specification setting out particulars of the proposed work.
(3) After fourteen days from lodging of such notice, and not before, such owner or occupier may, at his own cost and to the satisfaction of the Council, make such crossing according to the tenor of such notice and specifications and in conformity with these By-laws, and shall afterwards maintain the same.
(4) Unless within the said period of fourteen days the Council gives notice to the person lodging such notice and specification that such notice and specification lodged is not in accordance with these By-laws or is otherwise insufficient, such notice and specification shall hereafter, but so far only as affects the liability of such owner or occupier to any penalty, be deemed to be in accordance therewith and to be sufficient. Such notice by the Town Clerk as aforesaid shall specify the particu-lars in respect of which the notice and specifications lodged are contrary to the By-laws.
(5) Any crossing made or begun to be made before such notice and specification have been lodged or before the expiration of said fourteen days or otherwise than in conformity with any notice from the Town Clerk as herein provided shall be deemed to be a crossing in contravention of these By-laws, notwithstanding that it may otherwise be in conformity with the same.
3.33 COUNCIL MAY REQUIRE CROSSING TO BE MADE
If any land abuts upon the footway of any road and access with animals or vehicles from such road to such land cannot in the opinion of the Council be had without riding, driving or wheeling upon or across a footway, or a water channel or gutter lying along on such road, the owner or occupier of such land shall, on receiving fourteen clear days notice in that behalf from the Town Clerk, and at his own cost and subject to the specifi-cation and control of the Council, make and provide a crossing as hereinafter mentioned for animals and vehicles over such footway, water channel, or gutter as the case may require.
If such owner or occupier makes default in complying with such notice within such period he shall be guilty of an offence, and, in addition, the Council may cause the notice to be complied with at his expense.
3.34 NATURE OF CROSSING
Except as hereinafter provided, every crossing made under the By-laws shall, as regards the water channel, be by such a suitable bridge or culvert as leaves sufficient free passage for water underneath or through the same, and shall, as regards the footway, be on the same level as the remainder of the footway.
In any case in which the Council so directs or approves any crossing may be invert crossing of the water channel, with footway crossing depressed below the level of the remainder of the footway.
Every bridge or culvert or invert shall be of such materials, form, length, size, strength and fall, and the surface of every crossing shall be paved, blacked, concreted, asphalted, macadamised, gravelled or otherwise formed as the Council may in each case direct or approve.
3.35 ALTERATIONS OF IMPROPER CROSSING
If any crossing, whether made before or after the coming into force of the By-laws, has been made in any respect contrary to the By-laws, or if, although originally made in conformity with the By-laws, is in the opinion of the Council no longer adequate or proper for the volume or nature of the traffic over it, the Council may require the same to be altered so as to conform to the By-laws.
3.36 REPAIR OF CROSSING
Every crossing shall be repaired and maintained by the owner or occupier of the premises to which the same leads in conformity with the notice, if any, relating thereto, and to the satisfaction of the Council.
If any crossing is or becomes out of repair, and the person liable by the By-laws to maintain or repair the same, for seven clear days after notice from the Town Clerk to that effect, neglects properly and completely to repair the same, he shall be guilty of an offence, and, in addition, the Council may effect such repair at his expense.
3.37 DRIVING ANIMALS VEHICLES ON FOOTWAY
No person shall ride, drive or lead any animal or permit or suffer any animal to be ridden, driven, or led, or drive or wheel or permit or suffer to be driven or wheeled, any vehicle (other than a child's perambulator) or any velocepede or motor-cycle upon, along, or across any footway, or any water channel or gutter, except while and for the purpose of crossing such footway at some proper crossing made for the purpose of obtaining access to any land abutting on the road whereof such footway, channel, or gutter forms part.
Every person who acts in contravention of this provision shall, in addition to any penalty, be liable to pay to the Council any expense incurred in making good any damage occasioned by him.
3.38 EXTRAORDINARY TRAFFIC DEFINED
Extraordinary traffic means any vehicle for which a special permit is required under the provisions of section 38 of the Control of Roads Ordinance.
3.39 REGULATION OF EXTRAORDINARY TRAFFIC
The person, corporation or other body by whom or by whose order any extraordinary traffic has been conducted shall pay to the Council any expenses incurred by the Council by reason of any damage arising to the roads used by such traffic, including as part of such expenses, any expense incurred in the strengthening any road, bridge, culvert, crossing, embankment or the like, or removing, altering, raising, lowering or otherwise dealing with any pipe, conduit, cable, post, pillar, or other erection or thing whatsoever, whether the property of the Council or not to enable such traffic to pass: Provided the Council may enter into any agreement with such person, corporation or other body for the payment to the Council of a com-position in respect of such traffic in lieu of the expenses incurred as aforesaid.
3.40 MAXIMUM LOAD ON BRIDGES
The Council may from time to time determine the maximum weight of load to be carried over any bridge, or culvert, and cause the maximum so determined to be notified by notice conspicuously posted at or near each approach to such bridge or culvert. No person shall, unless by written permit of the Council, drive, draw, or carry or cause to be drawn, driven or carried, over such bridge or culvert any weight greater than that stated in such notice.
3.41 NUMBERING OF BUILDINGS
The Council may cause the buildings abutting upon or fronting or adjacent to any street or road, to be numbered in such a manner as it may seem fit, and from time to time vary any such numbering.
3.42 AFFIXING STREET NAMES AND NUMBERS TO BUILDINGS
The Council may cause to be marked upon any wall, fence, or other erection, either by affixing of a name or number plate or otherwise, the name of the street or road on which it abuts or which it faces or is adjacent to, or the number of the building or both; or may place or erect upon any land where there is no suitable structure for carrying such name or number a post or other structure for such purpose, and affix such name or number thereto.
No person shall without the consent of the Council remove or efface any name or number so marked or affixed, nor remove any such post or other structure.
3.43 STREET STALLS
No person shall erect, set up or use any stall or stand, whether for the sale of goods or otherwise, in or upon any road or land under the control of the Council unless he shall have obtained a licence from the Council and upon the payment of such fee not exceeding $2.00 as the Council may determine by resolution.
3.44 MEETINGS, PROCESSIONS
(a) No person shall in or upon any street, road, reserve or land under the control of the Council:
(i)Deliver any public address or hold any public meeting, or
(ii)Hold any procession or parade (other than a funeral procession) without first having obtained the consent of the Council.
(b) Any person who wishes to deliver any public address or hold any public meeting, or hold any procession or parade as aforesaid shall apply in writing to the Council three clear days prior to holding the same for permission to hold the same, and the Council may, in its discretion, either grant or (without assigning any reason therefor) refuse such application.
(c) Such permission may be granted subject to such terms and conditions as to hours, route, place or other-wise as the Council may think fit.
(d) The holder of any such permit shall produce the same at all reasonable times upon demand by any member of the Police Force or Officer of the Council.
(e) No person shall take part in any procession or parade on any street, road, reserve or land under the control of the Council unless a permit has been obtained for the same.
(f) The Council or any authorised officer in that behalf may at any time whether or not a permit has been granted as aforesaid prohibit the holding of any meeting or any procession or parade upon any street, road, reserve or land under the control of the Council if there is reason to believe that the same will occasion a breach of the peace or will cause obstruction to the traffic upon any street or road.
(g) No person shall, upon any street, road, reserve or land under the control of the Council, use or permit to be used any musical instrument unless he shall have obtained from the Council a permit in writing so to do.
3.45 DISCHARGING ASHES, &c.
No person shall light any fire or discharge any ashes or cinders or other refuse from a traction engine upon or within 6 m, of a bridge or culvert upon any road or within 3 m of such road, nor so as to injure such road or any fence therein or adjacent thereto, nor so as to interfere with the drainage.
3.46 USE OF CHAINS, &c.
No person shall use chains, metal studs or other metal projection inserted in the tread of rubber on any vehicle shod with rubber tyres upon any road having metalled, gravel, tarred or other prepared surface other than earth; but this shall not prevent any person using chains on any slippery or boggy section of the road.
3.47 WHEELS OF TRACTION ENGINES, TRACTORS
No person shall on any road having a metalled or gravelled surface or prepared or formed surface drive a traction engine, tractor or steam wagon having wheels or tracks which have unprotected grooved ridges, indents, spikes or cross bars of any kind capable of or likely to cause damage to any such surface.
3.48 DEPOSIT OF OFFENSIVE MATTER ON ROAD
(1) No person shall expectorate on any footway, or deposit waste food or peelings of fruit or other vegetable matter or thing, on any road, footway or land under the control of the Council.
(2) No filthy or offensive or unwholesome matter or fluid, and no garbage, house sweepings or other refuse or thing shall be emptied, swept, thrown, discharged or deposited into or upon any part whatever of any road or land or place under the control of the Council.
(3) No person shall throw, cast or lay or shall cause, permit or suffer to be thrown, cast or laid or to remain any ashes, soot, rubbish, broken glass, offal dung, soil, dead animal, blood or other filth or annoyance or any offensive, obnoxious or dangerous matter or thing in or upon any part of any road, or shall kill, slaughter, dress, scald, or cut up any beast, swine, calf, sheep, lamb or other animal in or so near to any road as that any blood, or filth shall run or flow upon or over, or be on, any part of any road.
(4) Nothing herein contained shall be construed to limit the sweeping or cleansing of footways or water channels in compliance with the By-laws, or the removal or deposit of rubbish or filth in places set apart for that purpose by the Council.
3.49 BURNING OF RUBBISH ON ROADWAYS
No person shall, without a permit from the Council, burn any shavings, rubbish, or other material or thing on any road, nor within 5 m of any road, so as to be likely to be dangerous or to cause danger or annoyance or inconvenience to persons using the road. No fee shall be payable for such permit.
3.50 FIREWORKS, &c.
No person shall throw, cast, let off, or fire any squib, cracker, or other fireworks in or into any street or road in such a manner as to be dangerous or cause annoyance to any person using such road, or into, against, or upon any building or make or assist in making any bonfire in any road, or set off any fire, balloon or rocket in such a manner as to be dangerous to person or property.
The Council may from time to time by resolution prohibit for any specified period or periods the use of fireworks in any specified roads or streets or parts thereof, and shall advise such prohibition in a newspaper. During the period of such prohibition no person shall, in any road or street or part thereof, set off, fire, cast, let off, explode any such squib, cracker or other fireworks.
3.51 DISCHARGING FIREARMS
No person shall fire or discharge, or suffer any other person to fire off or discharge any gun, pistol, fowling piece or other firearm in, upon or over any road, or from any land or building abutting on or near any road, to the damage or danger of any person or property, or the alarm, annoyance, or disturbance of any person unless in pursuance of some lawful authority, or on an occasion or under some circumstances reasonably justifying such action.
3.52 CARPET NOT TO BE BEATEN
No person shall beat or shake any carpet, rug, mat or other fabric in any road.
3.53 FLOWER POTS
No person shall affix or place any flower pot or other article in any window on any wall or within 2 m from any road, upon any railing or ledge of any verandah or awning over any road unless the same is sufficiently guarded from falling or being thrown down.
3.54 TREE PLANTING
No shade or ornamental tree, or shrub, shall be planted in any street until a permission therefor has been granted by the Council. No hole or excavation shall be prepared for planting of any tree or shrub until such permit has been granted by the Council.
No fee shall be charged for such permit.
3.55 CUTTING AND BREAKING OF TREES AND SHRUBS
No stem or branch of any such tree or shrub shall be cut, broken or otherwise disturbed, nor shall the root of any such tree or shrub be disturbed or interfered with in any way in any public place, by any person until per-mission has been issued therefor.
3.56 PLACING OF SEATS AND SHELTER SHEDS
The Council may erect or cause to be erected or permit the erection or placing of seats on footpaths and other places which are approved by it. The Council may erect shelter sheds, seats, signal and/or other points cabins, signposts, advertisements, safety zones, stan-dards, point standards and other posts fixtures, mechanism and appliances on roads and at places when in the opinion of the Council they will not interfere with the ordinary traffic.
3.57 ADVERTISING ON SHELTER SHEDS, &c.
It shall be lawful for any person to paint or place or to maintain with the Council's permission and subject to such conditions as the Council may impose, any adver-tisement which has first been approved by the Council upon any seat so erected or placed on the footpath or upon any shelter shed, signpost or other fixture.
3.58 DAMAGE TO SHELTER SHEDS AND SEATS
Any person who damages or defiles any seat, shelter shed, signal or points cabin, signpost, advertisement, safety zone standard, or other post, fixture, mechanism or appliance, or moves any seat, signpost, advertisement, safety zone standard or other post, mechanism or appliance without the approval of the Council, or destroys or disfigures any advertisement on any such seat, shelter shed, signpost and/or points cabin, signpost, posts or fixture shall be guilty of an offence.
CHAPTER 4
TRAFFIC CONTROL
INTERPRETATION .. .. .. .. .. By-laws 4.01 - 4.03
PARKING .. .. .. .. .. .. By-laws 4.04 - 4.06
OVERTAKING & SPACING VEHICLES .. .. By-laws 4.07 - 4.08
TRAFFIC RULES .. .. .. .. .. By-laws 4.09 - 4.10
STANDING IN PUBLIC STREETS .. .. By-law 4.11 - 4.14
HIRE CARS .. .. .. .. .. .. By-laws 4.15 - 4.18
PROCESSIONS .. .. .. .. .. By-laws 4.19 - 4.20
PEDESTRIANS .. .. .. .. .. By-laws 4.21 - 4.22
DRIVING ON FOOTPATHS .. .. .. By-law 4.23
WASTE OIL & GREASE .. .. .. .. By-law 4.24
TRAFFIC NOTICES .. .. .. .. By-law 4.25
OFFENCES .. .. .. .. .. .. By-law 4.26
TRAFFIC LIGHTS .. .. .. .. .. By-law 4.27
4.01 DEFINITIONS
In this Chapter (unless inconsistent with the context or subject matter) -
"foot-path" means any place upon a public street set apart or made for the use of foot passengers, and where the foot-path is not clearly defined includes the portion of the public street on the left of the carriageway of the public street;
"motor omnibus" means any motor vehicle constructed principally to carry persons and equipped to seat more than eight adult persons (including the driver) and which is used or intended to be used for the conveyance of passengers for reward and includes a motor vehicle used or intended to be used for the conveyance of school children to or from any school or used or intended to be used on journeys to or from an aerodrome for the carriage of persons who are about to make or who have made a journey by aeroplane. The term does not include any motor vehicle commonly known as a taxi-cab, private hire car, hire car or undertaker's mourning coach;
"motor vehicle" means any motor car, motor carriage, motor cycle, motor lorry, motor omnibus, motor tractor, or other vehicle propelled wholly or partly by any volatile spirit or by steam, gas, oil or electricity, or by any means other than human or animal power, and includes a trailer at any time attached to a motor vehicle, but does not include any vehicle used on a railway;
"official traffic sign" means any notice, sign or other device marked, placed or erected on or at the side of a public street by authority of the Council for the purpose of guiding, directing or warning persons in charge of motor vehicles or vehicles or of regulating traffic;
"omnibus" means a motor omnibus;
"omnibus stop" means an area set aside for the exclusive use of motor omnibuses and marked with an official traffic sign;
"parking" means the standing on a public street of a motor vehicle whether occupied or not, when not actually engaged in picking up or setting down of persons, passengers, or goods, or when not required to stop in obedience to official traffic signs or police signals, and "park" or "parked" has a corresponding meaning;
"public hire car" means a public motor vehicle, not being a motor omnibus;
"public motor vehicle" means a motor vehicle plying or standing in a public street for hire and includes a motor taxi-cab;
"public stand" means an area set aside for the exclusive use of public hire cars and marked with an official sign;
"public street" means any street, road, lane, thoroughfare, footpath or place open to, or used by, the public and includes a road on land leased under the Special Purposes Leases Ordinance 1953-1963 for use as a road;
"the Town of Katherine" means the municipality of Katherine as constituted under the Local Government Ordinance 1954-1964;
"the Council" means the Katherine Town Council;
"vehicle" means a vehicle of any description drawn by an animal or propelled by human power.
4.02 CONTROL OF ROADS
The By-laws shall apply to all roads under the control of the Council whether those roads are under the control of the Council permanently or temporarily.
4.03 USE OF ROADS BY VEHICLES
Any vehicle forbidden under the Control of Roads Ordinance 1953-1964 to use any road within the town of Katherine or any other road outside the town of Katherine placed under the control of the Council is forbidden by these By-laws to use that road.
4.04 - 4.06 [Repealed]
4.07 OVERTAKING OR PASSING TRAFFIC ON BRIDGES
The driver of a motor vehicle shall not overtake or pass any traffic proceeding in the same direction whilst upon any bridge or culvert or within 45 metres of any bridge or culvert, or the approaches thereof.
4.08 SPACE BETWEEN VEHICLES
A person shall not park or leave standing a vehicle or motor vehicle whether attended or unattended unless there is a space of not less than 1 m between the front of such vehicle and the rear of any other vehicle, or, if such vehicle is reversed into position, unless there is a space of not less than 1 m between the rear of such vehicle and the front of any other vehicle or motor vehicle.
4.09 TRAFFIC RULES
A person driving or riding a motor vehicle, vehicle or horse upon a public street shall -
(a)not loiter;
(b)abstain from going upon any part of a street which is closed against traffic;
(c)upon the approach of a fire engine, reel, ambulance or police vehicle apparently proceeding in charge of a member of a Fire Brigade, ambulance staff or policeman giving audible signal by horn, siren or bell, immediately drive his motor vehicle or vehicle or ride his horse to a position as near as possible and parallel to the left hand side of the carriageway clear of an intersection and stop and remain stopped until an engine, reel, ambulance or police vehicle has passed unless otherwise directed by an Officer or Police Officer;
(d)when approaching a pedestrian crossing upon which there is a pedestrian, stop in such a position that no portion of the motor vehicle or vehicle he is driving or the horse he is riding is upon the pedestrian crossing and remain stopped until the pedestrian has left the pedestrian crossing; and
(e)not enter upon a pedestrian crossing where a motor vehicle or vehicle or horse, headed in the same direction as the motor vehicle or vehicle he is driving or the horse he is riding, is stopped on the approach side of or upon that pedestrian crossing.
4.10 ONE WAY TRAFFIC
A person shall not drive or ride any motor vehicle or vehicle in any one way traffic street contrary to the direction in which traffic is permitted to travel as notified by official traffic signs.
4.11 PUBLIC HIRE CARS NOT TO STAND IN PUBLIC STREET
The driver of any public hire car shall not permit the vehicle to stand at any place upon a public street other than at a public stand except -
(a)whilst picking up or setting down passengers; or
(b)whilst engaged and waiting under instructions of his passengers provided that such instructions do not involve the contravention of any regulation prohibiting parking in any specified area or for any specified period; or
(c)by the direction or with the consent of an Officer or Police Officer.
4.12 PUBLIC STAND
Every place or part of a public stand marked with an official traffic sign to be a public stand shall be a public stand for the exclusive use of public hire cars.
4.13 PUBLIC STANDS TO BE USED ONLY ON CERTAIN OCCASIONS
No driver shall place his public hire car upon any public stand unless the vehicle is actually available for hire.
4.14 POSITION OF PUBLIC HIRE CARS ON PUBLIC STANDS
(1) No driver of a public hire car upon a public stand shall cause it to stand -
(a)abreast of any other vehicle; or
(b)nearer than 1 metre to any other vehicle.
(2) Unless otherwise directed by an Officer or Police Officer the driver of a public hire car, on arriving at any public stand which comprises positions for two or more vehicles, shall -
(a)if no other vehicles are upon such stand, cause his vehicle to occupy the first position thereon;
(b)if other vehicles are upon such stand, cause his vehicle to occupy the next vacant position behind the last position which is occupied; and
(c) whenever the position next in front of the position for the time being occupied by his vehicle is or becomes vacant, forthwith cause his vehicle to occupy such vacant position.
4.15 FIRST PUBLIC HIRE CAR TO HAVE RIGHT OF HIRE
Where more than one public hire car is upon a public stand, unless the person hiring selects a particular public hire car, the first public hire car on such stand shall have a right to the hiring.
4.16 DRIVERS TO SEARCH VEHICLE
(1) The driver of any public hire car shall, immediately after the termination of any hiring, carefully search inside the vehicle, and if he finds any article left therein shall, if possible, hail back the passenger and return the article.
(2) If the driver is unable to hail back the passenger he shall forthwith take the article to the nearest Police Station, and there deliver it to the officer for the time being in charge.
4.17 TOUTING FOR HIRE PROHIBITED
No person shall upon any public street -
(a)endeavour to induce a person to hire or to ride in a public hire car; or
(b)tout in any manner for any person to hire or to ride in a public hire car.
4.18 PUBLIC HIRE CAR NOT TO CARRY OFFENSIVE MATTER
(1) No driver of a public hire car upon any public street shall permit any person to place or carry thereon any substance of offensive character or any substance which might soil or damage the vehicle.
(2) No driver of a public hire car shall permit any person to place or carry thereon any animal which might soil or damage the vehicle or the apparel of any passenger.
4.19 NOISY INSTRUMENTS
No person shall by speaking, shouting, singing, playing upon, operating or sounding any musical or noisy instrument or doing anything whatsoever attract together a number of persons in any street so as to obstruct traffic.
4.20 PROCESSIONS
(1)No procession of persons or of vehicles or of any combination of persons and vehicles shall, except for Military or Funeral purposes, parade or pass through any street, except upon the following conditions: -
(a)a permit in writing of the Town Clerk or a person thereto authorised by him shall first have been obtained;
(b)such procession shall take the route and comply with the conditions specified in such permit;
(c)the applicant for such permit shall have paid the cost of giving public notice by advertise-ment in a newspaper circulating in the town setting forth particulars of such permit and route.
(2) The holder of such permit shall produce the same at all reasonable times to any Officer or Police Officer.
4.21 PEDESTRIANS TO KEEP TO THE LEFT
Every pedestrian upon a footway shall keep to his left-hand side of the footway, and shall when meeting or overtaking any other person pass on the right-hand side of such person.
4.22 PEDESTRIANS TO FACE VEHICULAR TRAFFIC ON ROADWAY
Every pedestrian walking on the roadway of a public street shall keep to his right-hand side of the roadway and face oncoming vehicles.
4.23 DRIVING OR RIDING ON FOOTPATHS, &c.
(1) A person shall not ride, drive or lead any animal or ride or drive any vehicle or motor vehicle so that that animal, vehicle or motor vehicle or any part thereof is on any footpath, causeway or place set apart or constructed on or by the side of any road for the accommodation of pedestrians.
(2) The last preceding clause shall not apply where the animal, vehicle or motor vehicle is ridden, driven or led across any such footpath, causeway, or place at right angles in crossing to or from any premises.
4.24 WASTE OIL AND GREASE
No person shall stand or drive a motor vehicle or vehicle upon a public street without adequate precautions being taken to prevent waste oil or grease from the machinery or from any other part of the vehicle from dropping to the roadway.
4.25 TRAFFIC NOTICES, &c.
(1) The Council may erect or place or cause to be erected or placed on or near a public street notices, signs, barriers or devices for the purpose of prohibiting or directing the movement of traffic or for the purpose of excluding persons, motor vehicles, bicycles or animals from any public street during any public procession or public function or ceremony or while the public street is being repaired or altered or is impassable or unsafe for traffic.
(2) The Council may mark or place or cause to be marked or placed on any road in the town of Katherine pedestrian crossings or other marks or signs for the purpose of controlling or directing traffic.
(3) A person shall not damage deface or remove any notice, sign, barrier or device erected under the last preceding clause.
(4) A person shall comply with and shall not con-travene the directions given by a notice, sign, official traffic sign, mark, barrier or device located, marked or placed in pursuance of this by-law.
4.26 OFFENCES
A person who contravenes, or fails to comply with any provision of this Chapter shall be guilty of an offence, punishable on conviction by a fine not exceeding $50.00.
(2) Section 354A of the Local Government Ordinance 1954 as amended applies to and in relation to any offence within the meaning of that section of contravening or failing to comply with by-laws 4.04, 4.05, 4.06, 4.08, 4.11, 4.13 or 4.14 of these By-laws.
4.27 TRAFFIC LIGHTS
(1) The driver of a motor vehicle upon a public street who is approaching, or has stopped immediately before, a traffic sign consisting of -
(a)traffic lights erected on, near or above the public street; and
(b)a road marking comprising a line marked across or partly across the public street at, near or below those traffic lights,
shall not, while the traffic lights are displaying a light of any description specified in the first column of the table in the next succeeding paragraph that is facing the direction opposite to which the motor vehicle is facing, so drive the motor vehicle that there is a contravention of the provisions specified in the second column of that table opposite to the description of that light.
(2) For the purposes of this by-law, where, on traffic lights facing the direction opposite to the direction in which a motor vehicle that is approaching, or is stopped before, the traffic lights, is facing, there is displayed a traffic light of a description specified in the first column of the following table, the display of that traffic light is an indication to the driver of the motor vehicle that, while that light is displayed, the provisions specified in the second column of that table opposite to the description of that light apply to and in relation to that driver.
ItemDescription of Light Provisions applicable
No.
Red circular light The driver shall not proceed beyond the road marking applicable in relation to the light.
Amber circular light The driver shall not proceed beyond the road marking applicable in relation to the light.
Arrow in red light The driver shall not
pointing vertically proceed beyond the road marking applicable in relation to the light.
Arrow in amber light The driver shall not
pointing vertically proceed beyond the road marking applicable in relation to the light.
Arrow in red light The driver shall not
pointing horizontally proceed beyond the road marking applicable in relation to the light in the direction in which the arrow is pointing.
Arrow in amber light The driver shall not
pointing horizontally proceed beyond the road marking applicable in relation to the light in the direction in which the arrow is pointing.
Red arrow pointing The driver shall not
at an angle between proceed beyond the road
the vertical and marking applicable in
horizontalrelation tothe light in the direction that makes with the direction directly ahead an angle that has approximately the same number of degrees as has the smaller of the angles that the direction in which the arrow is pointing makes with the vertical.
ItemDescription of Light Provisions applicable
No.
Arrow in amber light The driver shall not
pointing at an angle proceed beyond the road
between the vertical marking applicable in
and horizontal relation to the light in the direction that makes with the direction directly ahead an angle that has approximately the same number of degrees as has the smaller of the angles that the direction in which the arrow is pointing makes to the vertical.
Green circular light The driver may proceed -
(a)in the direction that is directly ahead; or
(b)in the direction that is to the left or to the right.
Arrow in green light The driver may proceed in
pointing vertically the direction that is directly ahead.
Arrow in green light The driver may proceed in
pointing horizontally the direction in which the arrow is pointing.
Arrow in green light The driver may proceed in
pointing at an angle the direction that makes
between the vertical with the direction directly
and horizontal ahead an angle that has approximately the same number of degrees as has the smaller of the angles that the direction in which the arrow is pointing makes with the vertical.
(3) In the last preceding paragraph, a reference to the road marking applicable in relation to a light shall be read as a reference to the road marking comprising a line marked across or partly across the public street at, near or below that light.
(4) Notwithstanding paragraph (2) of this by-law, where a traffic sign bearing the words "TURN LEFT AT ANY TIME WITH CARE" is erected at an intersection of a public street with another public street at which traffic lights are erected, the driver of the motor vehicle approaching that intersection may, subject to the next succeeding subsection, turn the motor vehicle to his left into another public street at that intersection.
(5) The driver of a motor vehicle upon a public street shall not within or near an intersection of that public street with another public street at which traffic lights are erected -
(a)turn or continue to turn his motor vehicle to his left;
(b)turn or continue to turn his motor vehicle to his right; or
(c)having so turned his vehicle, continue to move his vehicle forward within the intersection,
while there is a reasonable possibility that the motor vehicle might collide with another vehicle or person or a dangerous situation might otherwise be created.
(6) The last preceding paragraph applies whether or not there is displayed in association with traffic lights a traffic sign that is displaying the word "WALK" in green light, or the words "DON'T WALK" in red light, facing the direction from which the motor vehicle has turned.
(7) It is defence to a prosecution for an offence against paragraph (1) of this by-law if the defendant satisfies the court that -
(a)while he was approaching the traffic lights, the traffic lights facing the direction opposite to the direction in which he was proceeding changed from displaying a circular green light or an arrow in green light to displaying a circular light or an arrow of another colour; and
(b)having regard to all the circumstances of the case at the time of the change of lights (including his distance from the lights and considerations for the safety of himself, any passengers or his motor vehicle, and any other person and vehicles in the vicinity), he could not have reasonably stopped the motor vehicle before reaching the road marking which, together with the traffic lights, forms the traffic sign referred to in that paragraph.
(8) Where -
(a)traffic lights are erected at, near or above an intersection of one public street with another public street;
(b)immediately before the intersection, the carriage of any one of those public streets is divided by traffic islands or unbroken lines into traffic lanes for vehicles travelling in the same direction; and
(c)the movement into or through the intersection of motor vehicles in any one or more of those traffic lanes is controlled by one set of traffic lights and the movement into or through the intersection of motor vehicles in the other traffic lane or other traffic lanes is con-trolled by another set of traffic lights,
each of those traffic lanes shall, for the purposes of this by-law, be deemed to be a public street.
(9) Where a member of the Police Force in uniform is giving directions regulating or controlling the movement of traffic -
(a)entering or passing through an intersection of one public street with another public street at, near or above which there are traffic lights displaying a light of any description specified in the table in paragraph (2) of this by-law; or
(b)approaching, elsewhere than at an intersection of one public street with another public street, traffic lights that are displaying such light,
paragraphs (1) and (5) of this by-law do not apply to or in relation to the driver of a motor vehicle that is approaching or is stopped before the traffic lights.
CHAPTER 5 (5.01 - 5.10) [Repealed]
CHAPTER 6
PARTS .. .. .. .. .. .. By-law 6.01
INTERPRETATION .. .. .. .. .. By-laws 6.02 - 6.03
LITTER .. .. .. .. .. .. By-laws 6.04 - 6.17
GARBAGE SERVICES .. .. .. .. By-laws 6.18 - 6.23
GARBAGE DUMPS .. .. .. .. .. By-laws 6.24 - 6.26
REMOVAL AND DESTRUCTION OF ANIMALS .. By-laws 6.27 - 6.33
REMOVAL OF MOTOR VEHICLES .. .. By-laws 6.34 - 6.41
6.01 PARTS
This Chapter is divided into Parts, as follows:-
PART I - Interpretation
PART II - Litter
PART III - Garbage Services
Part IV - Garbage Dumps
PART V - Removal and Destruction of AnimalsPartVI - Removal of Motor Vehicles
PART I - INTERPRETATION
6.02. DEFINITIONS
In this Chapter, unless the contrary intention appears -
"animals" includes cattle, buffaloes, horses, asses, mules, sheep, goats, swine, camels, dogs, cats, birds and poultry;
"disease" includes actinomycosis, anthrax, malignant growth, cancer, foot and mouth disease, glanders and farcy, pleuro-pneumonia, contagiosa, rinderpest, tuberculosis, variola, scab, malignant catarrh, rabies, contagious pnumonia in swine, swine fever, swine plague, epizootic, lymphangitis, dourine or equine, syphilis, strangles, suira, sheep-fly, con-tagious mammitis, tick fever and any other infectious or contagious disease;
13.04 DISCHARGING WASTE OR SULLAGE WATERS
No person shall, without consent of the Council, allow or cause to allow any waste water, sullage water or other polluted liquid to enter or flow into any river or water course situated within the boundaries of the Municipality.
13.05 BROKEN BOTTLES OR GLASS
No person shall break or cause to break any bottles, glass or other dangerous material on any beach or in any stream or river or creek flowing into or near to any foreshore used by the public for recreational purposes.
Any person breaking or causing to break any bottles or glass or throwing any bottle, tin or other dangerous, breakable or unbreakable material into or on to any reserve, foreshore or into any water adjacent thereto shall be guilty of an offence and liable to a penalty not exceeding two hundred dollars.
13.06 ANIMALS
(1) Any Inspector may, when in his opinion inconvenience may be caused to the public by the bathing of dogs, horses or other animals, order any person in charge of animals not to send or drive such animals into the water or permit such animals to enter the water, at any place where the public are bathing.
(2) Any Inspector may order any person in charge of any dog, horse, or other animal to remove such animal from a public bathing reserve, if such animal's presence on the public bathing reserve causes inconvenience or danger to the public.
CHAPTER 14
HALLS AND OTHER BUILDINGS
APPLICATION OF BY-LAWS .. .. By-law 14.01
USE OF HALL .. .. .. .. By-laws 14.02 - 14.09
SAFETY PRECAUTIONS .. .. .. By-laws 14.10 - 14.12
FEES PAYABLE .. .. .. .. By-laws 14.13 - 14.14
14.01 APPLICATIONS OF BY-LAWS
The By-laws in this Chapter shall apply to any hall, town hall, or civic hall or any other like buildings erected or presently erected as at the coming into force of these By-laws, and under the control of the Council.
14.02 USE OF HALL
No person shall trespass or use any part of any hall or any land upon which such hall is erected under the control of the Council without permission granted in writing by the Council.
14.03 DAMAGE TO PROPERTY
No person shall wilfully or negligently damage or cause damage to any part of the building, or any furniture, fittings, appliances therein, or any plants or other things on such land upon which such hall is erected.
14.04 ACCIDENTAL DAMAGE
Any furniture, fittings, crockery, utensils, lamps, globes, fans, curtains, drapings, or any other matter or thing, or any window, door, lock, cupboard, wall or any other part of the hall, or any plant damaged accidentally by any person during the use of the hall shall be replaced or repaired, or the cost of the same to be replaced or repaired shall be the responsibility of the hirer of the hall.
14.05 REPORT ON DAMAGE
It shall be the duty of every hirer of the hall to report to the Town Clerk forthwith any breakages or damages caused by any person during the hire of the hall by the hirer.
14.06 HIRING OF HALL
(1) Any person or body may apply in the prescribed form to hire the Town Hall for any function it may so desire, and shall state the purpose of the hire.
(2) The Council may in its discretion refuse or permit the applicant permission to use the hall.
(3) The Council may cancel any permit given to any applicant; provided such notice of cancellation is given to the hirer in reasonable time.
(4) The Council may make any terms, conditions or stipulations as to the permit granted to any hirer of the hall.
14.07 GENERAL CONDITIONS OF HIRE
(i) At any function held at the hall any officer appointed by the Council as a caretaker or superintendent may at all times have free access to any part of the hall, and shall not be charged any admission fee whatsoever.
(ii) The hirer shall, and the Council's caretaker may, at any time order any person interfering with the privilege of the patron or causing a nuisance, damaging any property or the like, to leave the premises forthwith, and the person so ordered shall forthwith quietly leave the premises.
(iii) The hirer may refuse permission to any person to enter the hall.
(iv) No person under the influence of intoxicating liquor shall be allowed within the precincts of the hall.
(v) The Council may by erecting notices in a conspicuous place prohibit smoking in the hall at any time.
(vi) No person shall remove or cause to remove any fitting or fixture within the Town Hall.
(vii) The hirer shall be responsible for the good conduct of the persons admitted into the hall during the period of his hire of the hall.
14.08 OUT OF BOUNDS
The Council may at any time by placing, affixing or erecting a notice declare any part of the hall out of bounds to the hirer or any other person, and it shall be an offence of these By-laws for any person to enter or go upon those areas so placed out of bounds.
14.09 ELECTRICAL AND WATER FITTINGS
No person shall interfere with any water or electrical fitting installed at the hall, nor with any switches, fuses or other matters appertaining thereto without the written permission of the Town Clerk.
14.10 FIRE CHIEFS' AND POLICE OFFICERS' RIGHT OF ENTRY
Nothing in these By-laws shall prohibit the entry of any officer of the Police Force or any officer of the Fire Brigade to the building or any part of the building in the course of his duty, nor shall they apply to any electrical mechanic who in the interests of preservation of life disconnects or connects any electrical fault within or without the building.
14.11 NAKED FLAMES
No person without permission of the Council shall light or cause to light any flare, flame or other igniteous substance or bring, carry or enter with any flare, flame or other igniteous substance lit into the hall.
14.12 PETROL AND OTHER INFLAMMABLES
No person shall allow or cause to allow any inflammable liquid, gas or other substance within seven metres of a hall.
14.13 FEES PAYABLE
The Council may by resolution declare the rates of hire or hire charges applicable to any hirer of the hall, or may by resolution allow any hirer free use of the hall; it may by the same resolution make any conditions of hire it deems necessary.
14.14 HIRER TO PREPAY
No person shall have the use of the hall on any night granted unless such rates of hire or hire charges have been paid to the Town Clerk prior to the day on which the hirer is granted use of the hall.
Any person failing to pay for the hire rate or hire charge shall not be given permission to enter the hall, and the hall shall be deemed unhired for that period.
Any person who attempts to or uses the hall in contravention of this preceding paragraph shall be guilty of an offence, and may be charged with illegal entry of Council premises.
Provided under such circumstances as the Mayor thinks just, the Mayor in his absolute discretion may grant hire to the hirer before the payment of the charges.
CHAPTER 15
ANIMALS
POUNDS .. .. .. .. .. By-laws 15.01 - 15.28
15.01 POUNDS
The Council may from time to time establish pounds within the Municipality and may appoint poundkeepers thereof; the Council may also abolish any pound in the area; the establishment or abolition of every such pound shall be notified by advertisement in the Gazette.
15.02 DISEASED ANIMALS
The Council shall use and adopt all proper means and appliances to secure the prevention or prevent the spread of disease in any pound under its control, and may order the removal or destruction of any diseased, infected or worthless animal matter or thing in any such pound.
15.03 FEES PAYABLE
The Council shall erect and maintain on or near the pound a board having painted or engraved thereon in legible characters a table showing the fees, rates, and charges prescribed.
15.04 STRAYING OF ANIMALS
The straying of any animal upon any road or upon any land under the control of the Council is prohibited.
For the purpose of this by-law all roads, footpaths and bridges within the Municipality are under the control of the Council.
15.05 IMPOUNDING OF ANIMALS
The Council may at any time, and whether in the night time or on Sunday or on any holiday, impound any animal in respect of which a breach of this Chapter is being committed.
15.06 OWNER OR OCCUPIER MAY IMPOUND
Any owner or occupier of land upon which any animal is found trespassing may:
(1) Take the same to the pound nearest by a convenient road to such land, and on any business day, between sunrise and sunset, deliver it to the poundkeeper to be impounded. He shall at the same time deliver to the poundkeeper a written memorandum specifying:
(a)the description of the animal (and brands, if any) impounded; and
(b)the name of the proprietor or supposed proprietor; and
(c)the place where such animal was trespassing; and
(d)the amount of damage claimed.
(2) If he knows the proprietor, temporarily impound the animal at a convenient place for any period not exceeding 3 days.
He shall in that case within 24 hours give like notice to the proprietor as herein prescribed to be given by the poundkeeper in the case of animals not immediately claimed, except a statement of the time and place of intended sale, and shall feed and maintain the animal while so impounded.
He shall at the expiration of such time, if the animal is not sooner duly released, deliver it to such poundkeeper as aforesaid to be impounded. He shall not be entitled to any compensation for damage, except as such was done before the temporary impounding.
15.07 WRONGFUL IMPOUNDING
The owner or occupier of land who impounds any animal in any pound not authorised by this Chapter or in any manner contrary to the provisions of this Chapter shall be liable to a penalty not exceeding two hundred dollars.
15.08 POLICE HORSES
No person shall impound any horse employed by the Police Force or the property of the Crown, and no damage for trespass or driving charges shall be payable in respect thereof.
15.09 POUNDKEEPER'S BOOK
(1) The poundkeeper shall keep and preserve at the pound a copy of this Chapter, and shall also keep a pound book in the form prescribed.
(2) He shall enter in such pound book:-
(i)The particulars of every animal lodged in the pound.
(ii)The date, day and hour and the cause for which they were impounded.
(iii)The name of the person on whose authority they were impounded.
(iv)The time and mode of giving notice of the impounding as required by these By-laws.
(v)The time and the manner in which they were released; and by whose order and to whom they were delivered.
(vi)The particulars of any sales and the proceeds thereof.
The said entries shall be made at the time the said acts were respectively done or as soon as possible thereafter.
15.10 REGISTER OF BRANDS
The poundkeeper shall also keep a book for registering of brands, and any person upon payment of a fee of two dollars shall be entitled to have his brands, together with his name and address, entered in such book.
15.11 NOTICE OF ANIMAL IMPOUNDED
When an animal is not claimed within 24 hours by the proprietor or someone on his behalf, the poundkeeper shall, if the owner resides within 3 miles of the pound, deliver a notice to the proprietor, if his name is known to the poundkeeper; if the owner resides at a greater distance, then the notice shall be sent in a registered letter through the post office.
15.12 CONTENTS OF NOTICE
The notice shall contain:-
(a)Description of animal impounded, with its brand and marks.
(b)The place from which and the person by whose authority it was impounded.
(c)The date of impounding.
(d)A statement of the time and place of its intended sale if not duly released.
(e)A statement of fees, rates and charges then lawfully chargeable on same.
15.13 RETAIN ANIMAL UNTIL FEES PAID
The poundkeeper shall detain an animal until all fees, rates, and charges authorised in this Chapter are paid, or until the animal is sold or otherwise disposed of in accordance with this Chapter.
15.14 NOTICE OF SALES
The poundkeeper shall by notice in a newspaper fix a day on which sales of animals impounded may take place. Every sale shall commence at the hour of 12 noon.
15.15 SALE BY AUCTION
All sales will be by public auction, and the poundkeeper or Clerk of the Council shall have power to sell by public auction without taking out a licence as an auctioneer.
15.16 UPSET PRICE
The Council may fix an upset price on any animal by resolution of the Council.
15.17 ANIMAL NOT SOLD
Any animal for which no bid is received shall be destroyed.
15.18 DISPUTES
Any dispute arising during the holding of the auction, the poundkeeper or the Clerk, whoever is holding the auction, may resubmit the animal for fresh bidding.
15.19 ANIMALS SOLD TO BE TAKEN IMMEDIATELY
All animals sold at an auction shall be taken by the purchaser immediately after the close of the auction for that day.
15.20 MONEY RETAINED
Every sale shall be cash at the fall of the hammer, and such money received by the officer on behalf of the Council shall be paid to the Council's General Fund Account within 24 hours after the hour at which the auction was commenced.
15.21 DAMAGES AND FEES PAYABLE
All moneys received in respect of the sale of an animal shall be applied in the first instance in payment of fees, rates, charges and expenses due to the Council in respect of the impounding sustenance, the sale of the animal, next in payment to the person impounding of all damages and charges for driving or leading, and the residue, if any, shall on demand be paid to the proprietor of the animal.
Provided that, on the expiration of six months after the sale of any impounded animal all moneys remaining in the possession of the Council in respect of the sale and unclaimed by the person impounding or the proprietor of the animal, shall become the property of the Council.
15.22 CLAIMS ON PROPRIETOR
If the amount of the money received as aforesaid is insufficient to pay all money due to the Council and also the person impounding as hereinbefore directed, the amount of the insufficiency shall be recoverable from the proprietor of the impounded animal in any Court of competent jurisdiction. All moneys so recovered shall be applied as hereinbefore directed.
15.23 SALE OF TAGS
The Council may from time to time in its discretion sell, to persons representing themselves to be the owner of or the persons in charge of animals, metal tags so stamped or formed as to denote the number and the then current year of issue.
The Council may from time to time by resolution published in the Gazette, fix places, being roads, reserves or other lands under the control of the Council, at or upon which an animal which has affixed to it such metal tag as hereinbefore mentioned, may be permitted to graze or trespass.
The Council shall in such notice affix the times such grazing or trespassing will be permitted.
15.24 FEES PAYABLE
The poundage fees payable in respect of each and every animal impounded shall be, for each day or part thereof during which such animal is impounded, such sum as the Council may from time to time by resolution determine.
The fees payable in respect of driving or leading any animal to the pound shall be for each and every animal such sum per mile or part thereof as the Council by resolution determine.
15.25 PROPRIETOR'S DISPUTE OF DAMAGES CLAIMED
Where the proprietor of any animal impounded disputes the amount of damages or the charges for leading or driving or the nature of the straying or trespass alleged to have been committed or the legality of the impounding, he may leave the animal thus impounded, or he may pay such fees, charges demanded and, at the same time give notice in writing to the Clerk that he intends to appeal, and stating the grounds thereof.
15.26 APPEAL
The proprietor of any animal impounded may appeal by way of complaint to the Court.
Every such complaint shall be laid not later than 30 days after the date on which the animal was impounded.
15.27 BOOKS OPEN TO INSPECTION
All books kept by the poundkeeper shall be open for inspection.
15.28
Every person who rescues or attempts to rescue or incites or assists any other person in rescuing or attempting to rescue any animal lawfully impounded or seized for the purpose of being impounded shall be liable to pay all fees, rates and charges payable in respect thereof, and, in addition a penalty not exceeding two hundred dollars.
CHAPTER 16
TAXI CABS AND STANDS
DEFINITIONS .. .. .. .. By-law 16.01
LICENCES .. .. .. .. .. By-laws 16.02 - 16.03
STANDS .. .. .. .. .. By-laws 16.04 - 16.05
CONDUCT OF DRIVERS .. .. .. By-laws 16.06 - 16.10
OWNERS OF VEHICLES TO CARRY
PASSENGERS .. .. .. .. By-laws 16.11 - 16.13
FARES AND CHARGES . .. .. By-laws 16.14 - 16.15
16.01 DEFINITIONS
In this Chapter (unless inconsistent with the context or subject matter) "Cab" includes "Taxi Cab", and means a public vehicle licensed to ply for engagement by one person, with no regret during the period of engagement to accept any other engagement, or to pick up any passengers other than those for whom such person has engaged the vehicle.
"Drive, driving, etc" in relation to a public vehicle, includes being in charge of a public vehicle while standing on a public road or public place.
"Driver" means any person in charge of a public vehicle and includes the person for the time being in charge of the vehicle.
"Owner" means the person described on the certificate of registration as owner or new owner and includes the legal representative of that owner.
"Public Vehicle" means a vehicle plying or standing in a public street or public place for hire and includes motor omnibus or motor taxi cab.
"Stand" means an area of public street or public place set aside especially for the purpose of being reserved for a public vehicle or particular class of public vehicle.
16.02 TAXI CABS TO BE LICENSED
No person shall operate or cause to operate any taxi cab in the Municipality of Katherine unless the same is registered and licensed in accordance with the provisions of the Motor Vehicle Ordinance of 1949 or any amendment thereto.
16.03 NUMBER OF TAXI CABS
The Registrar of Motor Vehicles shall, when so required by the Council, furnish to the Council the number of Taxi Cabs registered for hire in the Municipality.
16.04 FIXING OF STANDS
The Council may appoint public stands for the various classes of public vehicles, may alter their number, and may specify the number of vehicles which at any one time may be allowed on a stand, and shall indicate such stands and such number by notice fixed thereat in any convenient manner.
16.05 OCCUPATION OF STANDS
(a) The driver of a vehicle which is not a public vehicle shall not occupy with his vehicle a public stand to the exclusion of any public vehicle.
(b) The driver of a public vehicle shall not drive it upon a stand which is occupied by the full number of vehicles prescribed for that stand, nor drive it upon a stand which is fixed for a different class of vehicle.
(c) The driver of a public vehicle, when awaiting engagement and near a public stand fixed for that class of vehicle, shall drive his vehicle to the public stand and station it there to await engagement or the regular time of departure, as the case may be.
(d) When a vehicle leaves a public stand the drivers of the vehicles remaining on the stand in rear of the position thus vacated shall each move his vehicle up in due order.
(e) A driver shall not drive a public vehicle to any position upon a public stand other than a vacant position immediately in advance of the vehicle in its due order.
(f) The due order of vehicles upon a stand shall be determined by order of arrival thereat; and any vehicle which has left any stand shall, on return, take order as the last arrival: Provided that in the case of any vehicle licensed to ply according to a time table, the due order of the vehicle upon the stand shall be deter-mined according to the time at which it is due to leave the stand according to the time table. The vehicle may take up its position on the stand accordingly, and the driver of other vehicles on the stand shall allow it to do so.
16.06 TOUTING NOT PERMITTED
Where a public stand is set apart for engaged public vehicles, the driver of any public vehicle or any person in such vehicle, shall not, whilst such public vehicle occupies a position on such stand, tout, nor canvass for, not solicit, nor endeavour to obtain custom by any means whatsoever.
16.07 SLEEPING OR EATING IN PUBLIC VEHICLES
The driver or conductor of or person in charge or in attendance on a public vehicle shall not, while the vehicle is a public vehicle sleep in, or upon such vehicle, or use the same for eating any meal therein.
16.08 ATTENDANCE
The driver of every public vehicle shall be in constant and personal attendance upon the same vehicle while standing or being used for the conveyance of passengers.
16.09 LOITERING IN PUBLIC PLACES
The driver of any public vehicle shall not allow any such vehicle to stand or loiter in any public place except when he is waiting for a passenger by whom he has been actually engaged or is at a public stand.
16.10 PROHIBITION OF ENTRY OF PUBLIC VEHICLES
The Council may from time to time by resolution prohibit any class or classes of public vehicles entering laneways, crossing public footways in any particular part of the Municipality.
Notice of such resolution shall be published in the newspaper and shall take effect on the date of such publication or at such date as the notice so determines to be the effected date.
16.11 PUBLIC VEHICLES BOUND TO CARRY PASSENGERS
Every public vehicle licensed for carrying passengers (except an omnibus, or vehicle for the conveyance of mails) standing or being in any public place or stand, shall be deemed to by plying for hire, and the driver thereof shall (except as hereinafter provided) be bound to carry in his vehicle immediately any person requiring him so to do, unless he has a previous engagement: Provided that a driver shall not be bound to carry such person who, upon demand, does not tender and pay then and there a sum of money estimated to be sufficient to cover the legal rate for the required hiring: Provided also that such compulsory hiring shall not be for more than 3 hours: and provided further that if the sum of money estimated as the legal rate, and paid on demand proves to be in excess of that legally payable for the required hiring, such excess shall, on demand, be refunded to the hirer, and if less, the deficiency shall be paid by the hirer.
16.12 BOUND TO KEEP ENGAGEMENT
The owner and driver of a public vehicle (other than a vehicle limited to a specific route) shall comply with any order received by him to send a vehicle to pick up an intending passenger at a stated place and time - provided that the vehicle be not already engaged - also provided that, if the place to which the vehicle is called be distant more than two miles from the place at which the vehicle is usually housed, and the owner or driver may demand the tender and payment of the estimated fare in like manner (mutates mutandis) as prescribed in the preceding subclause hereof, and may decline any engagement which will occupy more than 3 hours.
16.13 VEHICLE BOUND TO CARRY GOODS
The driver of any vehicle licensed for the carriage of passengers shall not refuse or neglect to carry the passenger's luggage or goods, provided such goods or luggage is capable of being carried and within the capacity of the vehicle.
16.14 COUNCIL POWER TO FIX FARES AND CHARGES
(a) The Council may from time to time fix the rate for the carriage of persons payable by persons hiring taxi cabs.
(b) A copy of the tables of rates and charges so fixed shall be supplied by the Council to the holder of a licence for a vehicle to which such rates and charges apply, and shall be fixed in such places or on such vehicle as the Council may direct, and such copy shall be kept so affixed and legible and undefaced during all the time that such vehicle is used for the carrying of passengers.
(c) Where the rate or charge for the carriage of persons in a licensed vehicle has been fixed by the Council no rate or charge in excess of that so fixed shall be charged or made.
16.15 PAYMENT OF FARES AND CHARGES
Any person in or upon or hirer of a public vehicle who fails, neglects or refuses to pay the fare or charge fixed and in or upon such public vehicle, or who quits the public vehicle before such fare or charge is paid, shall be guilty of an offence and shall be liable to a penalty not exceeding one hundred dollars.
CHAPTER 17
RATES, CHARGES AND SERVICES
LEVYING OF RATES AND CHARGES .. By-laws 17.01 - 17.03
FEES .. .. .. .. .. By-laws 17.04 - 17.05
17.01 LEVY OF RATES CHARGES
The Council shall have power to make and levy rates on the ratable values of land and rates on other basis, and to impose fees, charges, fares, rents and dues in respect of any property, service, matter and thing for the purpose of enabling it to perform the functions of local government under the Local Government Ordinance of 1954.
17.02 LEVYING OF CHARGES
The Council may in the exercise and performance of the functions of local government make levy, demand and recover charges and fees when the Council -
(a)supplies any service, product, or commodity; or
(b)makes any registration; or
(c)grants any licence; or
(d)gives any permission; or
(e)furnishes any information; or
(f)admits to any building or enclosure; or
(g)receives any application for approval.
17.03 SURCHARGES
Where a charge or fee or a part of a charge or fee remains unpaid at the expiration of seven days after the date upon which it becomes due, the charge or fee increases by the addition of a surcharge not exceeding five per centum (5%) of the charge or fee then due.
The Council shall by resolution determine the rate percentum the surcharge aforesaid shall be.
A surcharge added under this By-law is a part of the charge or fee and is recoverable with and in the same manner as a rate. Where any surcharge has been added to any charge or fee, a space of time of six months shall lapse before Council shall impose a further surcharge on any amount of the charge or fee remaining unpaid.
17.04 ADMISSION FEES PAYABLE
The Council may by resolution determine the charges or fees payable on demand for admission to any building or enclosure under the control of the Council which is not leased, rented or hired to any persons, association, club or organisation.
Such charges or fees so determined by resolution of Council shall remain in force until such time as determined by Council or superseded by a later resolution.
17.05 FEES FOR INFORMATION
Where any person requires the Clerk to give a copy of any monthly statement of accounts, an extract of a rate book or any other information from a rate book, the following charges shall be paid before such copy of extract is provided:
(a)A copy of a particular monthly statement, a fee of five dollars shall be payable;
(b)An extract, or information, from the rate book -
(i)for the valuation of one lot of land a fee of two dollars shall be payable;
(ii)for the valuation of more than one lot and not more than ten (10) lots, a fee of three dollars shall be payable;
(iii)for the valuation of more than ten, and not more than fifty lots, a fee of six dollars shall be payable;
(iv)for the valuation of more than fifty lots a fee on a time basis of fifteen dollars per hour for every hour or part thereof shall be payable, and the Clerk shall determine the time taken to obtain such information;
(v)for an extract from the rate book providing a complete record of the names of the owner, valuation, rates levied, rates paid and arrears thereof, the following fees shall be payable -
(a)for an extract of the rate book of one lot of land - five dollars;
(b)for each additional extract required -three dollars.
Notes
The By-laws of the Katherine Town Council, in force under the Local Government Act, comprise the Regulations 1982, No. 85 as amended by the other Regulations specified in the following table:
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Year and Date made Date notified Date of
number in N.T. Govt commencement
Gazette
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1982, No. 85 29 Nov 1982 4 Mar 1983 4 Mar 1983
1987, No. 21 27 Oct 1986 10 June 1987 10 June 1987
1990, No. 4731 Aug 1990 17 Oct 1990 17 Oct 1990
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Table of Amendments
By-law
2.01-2.71Repealed by 1990, No. 47
4.04 Repealed by 1987, No. 21
4.05 Repealed by 1987, No. 21
4.06 Repealed by 1987, No. 21
5.01 Repealed by 1987, No. 21
5.02 Repealed by 1987, No. 21
5.03 Repealed by 1987, No. 21
5.04 Repealed by 1987, No. 21
5.05 Repealed by 1987, No. 21
5.06 Repealed by 1987, No. 21
5.07 Repealed by 1987, No. 21
5.08 Repealed by 1987, No. 21
5.09 Repealed by 1987, No. 21
5.10 Repealed by 1987, No. 21
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