Hauraki District Council Consolidated Bylaw PART 3: (PUBLIC SAFETY)

Transcription

1 Hauraki District Council Consolidated Bylaw PART 3: (PUBLIC SAFETY)

2 Table of Contents 1.0 INTRODUCTION SCOPE ENABLING ENACTMENTS TITLE OF THIS PART OF THE BYLAW DEFINITIONS AND INTERPRETATION SAFETY IN PUBLIC PLACES PURPOSE PROHIBITED CONDUCT IN PUBLIC PLACES RESTRICTED CONDUCT IN PUBLIC PLACES OBSTRUCTING PUBLIC PLACES DAMAGE TO PUBLIC PLACES FIRES AND CAMPING ACCESS TO BEACH PLACING OF ARTICLES ON AND DAMAGE TO PUBLIC PLACES REINSTATEMENT ON COMPLETION OF AUTHORISED WORKS ELECTRICAL OR BARBED WIRE FENCING SKATING RESTRICTIONS ON SPECIFIED PUBLIC PLACES OFFENCES PROHIBITED IN SPECIFIC PUBLIC PLACES TRADING IN PUBLIC PLACES ASSEMBLY AWNINGS AND BLINDS PROJECTIONS ON PUBLIC PLACES NOT PERMITTED ROAD AND BUILDING IDENTIFICATION ANIMALS ON PUBLIC PLACES RESERVES LIST OF SCHEDULES PASSED IN TERMS OF CLAUSE 2 OF PART 3 (PUBLIC SAFETY) NUISANCE ON PRIVATE PROPERTY PURPOSE RESTRICTIONS 17

3 4.0 ALCOHOL CONTROL IN PUBLIC PLACES PURPOSE DESIGNATION OF SPECIFIED PUBLIC PLACE AS AN ALCOHOL BAN AREA TEMPORARY ALCOHOL BANS DISPENSATION SPECIAL LICENCES ENFORCEMENT LIST OF SCHEDULES PASSED IN TERMS OF CLAUSE 4 OF PART 3 (PUBLIC SAFETY) KEEPING OF ANIMALS (EXCLUDING DOGS) SCOPE DETERMINATION OF NUMBERS OF ANIMALS ALLOWED TO BE KEPT PIG KEEPING POULTRY KEEPING BEE KEEPING GENERAL NUISANCE CREATED BY ANIMALS SHELTER FOR ANIMALS SLAUGHTER OF ANIMALS LIST OF SCHEDULES PASSED IN TERMS OF CLAUSE 5 OF PART 3 (PUBLIC SAFETY) CONTROL OF DOGS CONTROL OF DOGS IN PUBLIC PLACES DOG EXERCISE AREAS PROHIBITED AREAS SHELTER FOULING LIMITATION ON THE NUMBER OF DOGS ON ANY URBAN PREMISES DISEASED DOGS NUISANCES IMPOUNDMENT AND NEUTEURING OF DOGS FENCING REQUIREMENTS FOR DANGEROUS DOGS LIST OF SCHEDULES PASSED IN TERMS OF CLAUSE 6 OF PART 3 (PUBLIC SAFETY) 28

4 7.0 FOOD SAFETY PURPOSE SCOPE GRADING CLOSURE OF PREMISES FEES PENALTIES LIST OF SCHEDULES PASSED IN TERMS OF CLAUSE 7 OF PART 3 (PUBLIC SAFETY) FREEDOM CAMPING SCOPE PROHIBITED AREAS AS OUTLINED IN SCHEDULE 10 OF PART 3 (PUBLIC SAFETY) RESTRICTIONS OF FREEDOM CAMPING AS OUTLINED IN SCHEDULE 11 OF PART 3 (PUBLIC SAFETY) FREEDOM CAMPING AND COUNCIL RESERVES PRIOR CONSENT FROM COUNCIL OFFENCES AND PENALTIES FREEDOM CAMPERS MUST COMPLY WITH ANY REQUEST TO MOVE ON BY ANY AUTHORISED OFFICER RELATIONSHIP OF BYLAW WITH TREATY SETTLEMENT ACT LIST OF SCHEDULES PASSED IN TERMS OF CLAUSE 8 OF PART 3 (PUBLIC SAFETY) 34

5 PART 3 (PUBLIC SAFETY) Purpose Residents and visitors have the right to safety within the public domain, including to enjoy public amenities that are well maintained and an environment free of danger and nuisance. Potential threats to the public are the actions of rowdy elements within public places, nuisance emanating from private premises, the keeping of animals such as bees, pigs and poultry on private property, the potential danger of dogs, the abuse of alcohol in public places and the visual impact of a proliferation of signs within the public domain. The amenities (visual, quietness) that are negatively affected by public safety issues, particularly nuisance, the keeping of animals, including dogs and the proliferation of signage are to be protected and the impact reduced to acceptable levels. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

6 1.0 INTRODUCTION 1.1 SCOPE The purpose of Part 3 of the Bylaw is to ensure that acceptable standards of safety, convenience, visual amenity and civic values are maintained for the well-being of inhabitants and visitors to the district. 1.2 ENABLING ENACTMENTS This Part of the Bylaw is made pursuant and subject to the Local Government Act 2002, the Litter Act 1979, the Health Act 1956, the Dog Control Act 1996, the Sale and Supply of Alcohol Act 2012, the Reserves Act 1977, the Freedom Camping Act 2011 and the Electricity Regulations TITLE OF THIS PART OF THE BYLAW This Part shall be known and cited as Part 3 (Public Safety) of the Hauraki District Council Consolidated Bylaw For expediency this Part of this Bylaw may be referred to as Part 3 (Public Safety). 1.4 DEFINITIONS AND INTERPRETATION For the purposes of this Part of the Bylaw the following definitions shall apply: ACT in clause 6 (Dog Control) is the Dog Control Act 1996 and its subsequent amendments. ALCOHOL has the same meaning as in the Sale and Supply of Alcohol Act 2012, or any subsequent legislation. AT LARGE in addition to its accepted meaning, includes any dog, whether on a leash or not, that is present in any area included in the areas where Council, by resolution, has prohibited the presence of dogs under the provisions of this bylaw. Dogs effectively caged or confined to pens or vehicles shall not be considered to be at large in any prohibited area or public place. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

7 BARBED WIRE means any wire that contains barbs, spikes, blades, jagged edges or pointed projections along its length and used to make fences and barriers. BEACH means that part of the foreshore landwards from the mean low water springs that is under the control of the Council. BOAT has the same meaning as in the Reserves Act CAMPING/FREEDOM CAMPING means to camp (other than at a camping ground) within 200 metres of a motor vehicle accessible area or the mean low-water springs line of any sea or harbour, or on or within 200 metres of a formed road or a Great Walks Track, using 1 or more of the following: a) a tent or other temporary structure b) a caravan c) a car, campervan, van, housetruck, or other motor vehicle. COCKEREL means a young male chicken. COUNCIL AREA means - a) an area of land; i) that is within the boundary of the Hauraki District Council; and ii) that is controlled or managed by the Hauraki District Council under any enactment; and b) includes any part of an area of land referred to in paragraph (a); but c) does not include an area of land referred to in paragraph (a) or (b) that is permanently covered by water. CLUBS shall mean a body that holds permanent club charter and prepares and serves ready-to-eat meals and snacks to customers (not including pre-packaged snacks). In relation to the food safety bylaw CLUBS does not include sports clubs that provide meals to players from time to time free of charge. DOG CONTROL OFFICER means a dog control officer appointed under section 11 of the Dog Control Act 1996 and includes a warranted officer exercising powers under section 17 of the Dog Control Act DOG RANGER means a dog ranger appointed under section 12 of the Dog Control Act 1996 and includes an honorary dog ranger. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

8 DOG includes any bitch, spayed bitch or puppy. DOMESTIC ANIMAL has the same meaning as in the Dog Control Act FOOD shall have the same meaning as in the Food Act 2014 or any subsequent legislation. FOOD HANDLER means any person who is directly involved with the handling, packaging, preparation and/or cooking of food for human consumption. FOOD HYGIENE GRADES Grade A means Excellent with a premises score rating of 24 to 30 Grade B means Good with a premises score rating of 18 to 23 Grade D means Poor with a premises score rating of 12 to 17 Grade E means Unacceptable with a premises rating of 0 to 11 There is no category C, as a grade C would suggest an average standard of premises or a passing grade. Food premises will either be graded as high quality with A or B grades, or below quality standards with D and E grades. FOOD PREMISES shall have the same meaning as in the Health Regulations 1966 and the Food Hygiene Regulations 1974, or any subsequent legislation. FOOD PREMISES includes premises which operate a Food Control Plan under the Food Act 1981 or any subsequent legislation. FOOD SAFETY PROGRAMME/FOOD CONTROL PLAN means a programme designed to identify and control food safety risks in order to establish and maintain food safety. FORESHORE has the same meaning as in the Reserves Act GRADE AND GRADING means the grade allocated to a food premises following an inspection by an Authorised Officer in accordance with the Environmental Health Food Premises Inspection Matrix attached to and forming part of this Bylaw in Schedule 8 of Part 3 (Public Safety). GRADING CERTIFICATE means the certificate issued to a food premises following an inspection or a re-inspection, stating the grade allocated to the premises by an Authorised Officer. INSPECTION means an assessment by an Authorised Officer to establish the level of compliance with the current food hygiene legislation applicable to the food premises. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

9 LEASH means an adequate restraint held by a responsible person physically capable of restraining the dog. LITTER has the same meaning as in the Litter Act LITTER CONTROL OFFICER has the same meaning as in the Litter Act ON A LEASH means that a dog is kept under control by means of leash, lead or chain which is secured or is held by a capable person so that the dog cannot break loose. OWNER in clause 6 has the same meaning as defined in section 2 of the Dog Control Act OWNER OR OCCUPIER in clause 7 shall mean the owner of the Food Premises or persons occupying the premises and shall include the supervisor, food handler, manager or agent acting in the general management or control of the Food Premises. PUBLIC PERFORMANCE includes public speaking, busking, miming, singing, dancing, acting or the playing of musical instruments, regardless of whether such performance is: a) pre-recorded or live; b) requires public participation; or c) requires payment, donations or is performed gratis. PROSCRIBED SUBSTANCE means a mind altering substance, whether synthetic or naturally occurring which may alter consciousness, mood or emotions, or which might intoxicate or induce pleasurable sensations. It includes what is commonly known as glue sniffing, but does not include: a) medically prescribed substances ingested by the person for whom they were prescribed; b) substances purchased from a pharmacy without a medical prescription; c) nicotine; d) alcohol. PUBLIC PLACE in clause 4 (Alcohol Control in Public Places) has the same meaning given by section 147(1) in the Local Government Act PUBLIC PLACE in clause 6 (Control of Dogs) has the same meaning as defined in section 2 of the Dog Control Act, Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

10 NUISANCE shall have the meaning assigned to it by section 29 of the Health Act 1956 and its amendments. RE-INSPECTION means a follow up inspection by an Authorised Officer to determine if the works identified at a previous inspection have been rectified. RE-GRADING means a re-assessment of a food premises for grading purposes. With the exception of an E graded premises no food premises can be re-graded within 1 month from the date of the original grading assessment. SELF CONTAINED VEHICLE means a vehicle designed and built for the purpose of camping which has the capability of meeting the ablutionary and sanitary needs of occupants of that vehicle for a minimum of three days without requiring any external services or discharging any waste and complies with New Zealand Standard 5465:2001 and displays a current self containment warrant on one of the front windows SKATING DEVICE means roller skates, roller blades, inline skates, skateboard, scooter or other or similar recreational devices but does not include any wheelchair, baby or invalid carriage or bicycles. SLAUGHTER means the process of killing, skinning, and dismemberment of any animal, the retention of parts for use, and disposal of the balance and slaughtered and slaughtering shall have a corresponding meaning. UNDER CONTROL means that the dog is not causing a nuisance, distress, danger, injury, to any person, domestic animal, stock, poultry or protected wildlife, or causing any property damage and; the person in charge of a dog has the dog under continuous surveillance and is able to obtain an immediate and desired response from the dog by use of a leash, voice commands, hand signals, whistles, or other effective means. WORKING DOG has the same meaning as defined in section 2 of the Dog Control Act Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

11 2.0 SAFETY IN PUBLIC PLACES 2.1 PURPOSE The purpose of clause 2 is to promote public safety and the enjoyment of public places by inhabitants and visitors by managing and regulating the use of public places 2.2 PROHIBITED CONDUCT IN PUBLIC PLACES No person shall in any public place: a) place or leave litter or any materials or object or substance, which are likely to be hazardous or injurious to any person, or likely to create a nuisance ; b) deposit in or around a public litter receptacle any household or trade refuse; c) interfere with any refuse, which is awaiting collection by an authorised collector; d) drive any vehicle except on a formed road, or drive in a manner that is dangerous or inconsiderate to pedestrians or other vehicles; e) leave any work, hole or excavation in a public place in a manner that could be a danger to anyone entering or using that public place; f) consume, inject or inhale any proscribed substances or offer or sell such substances to any person; g) play any game or use any object including skateboards, roller blades, roller skates, bicycles or motorised scooters, recklessly or in a manner which may intimidate, be dangerous or injurious or cause a nuisance to any person in the public place, or damage the public place; h) use profane or obscene language on a public place or within the hearing of a person in a public place; i) loiter or remain in or on a public place after being directed to move on by an enforcement officer; Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

12 j) attempt to commit or willfully encourage or assist any other person to commit any of the offences in clause (a) to (i) RESTRICTED CONDUCT IN PUBLIC PLACES Except with the prior written permission of the Council, no person shall in any public place: a) solicit any subscription, collection or donation or provide a public performance in a way that does or is likely to create a nuisance; b) distribute any printed or written material advertising any product, service or public entertainment in a way that does or is likely to create a nuisance; c) set off fireworks or explosive material in or on a public place, or so near thereto in a way that does or is likely to create a nuisance; d) erect or place any structure on, over or under the public place except in compliance with any other Part of the Bylaw; e) take off or land any aircraft, hot air balloon, hang glider, parachute or similar aircraft except in an emergency; f) attempt to commit or willfully encourage or assist any other person to commit any of the offences in clause (a) to (e). 2.3 OBSTRUCTING PUBLIC PLACES Except with the prior written permission of the Council, no person shall: a) obstruct any entrance to or exit from a public place; b) place or leave any material or object on a public place that could obstruct the public right of passage or interfere with the free flow of movement on the public place; c) allow any gate or door on property abutting a public place to swing over or across the public place or any part thereof; d) carry out any work on any motor vehicle in a public place, except in the case of any accident or emergency when repairs are necessary to allow the vehicle to be removed. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

13 2.4 DAMAGE TO PUBLIC PLACES Except with the prior written permission of the Council, no person shall in any public place: a) damage, interfere with, destroy or remove any grass plot, ornamental verge, flowerbed, tree, shrub or plant, or any inscription or label relating to it; b) pollute, damage, deface or disfigure, apply graffiti, posters or advertising devices to, or interfere with an ornament, statue, building, structure, or facility; c) Nothing in this clause shall prevent the Council from supplying or approving the installation of display boards in a public place for the purpose of allowing posters to be displayed announcing forthcoming functions or events; d) cause or permit to be done any act whatsoever by which damage is caused to a public place, or a work or object in, on, over or under the public place; e) damage or interfere with a natural feature, animal or plant; f) use a vehicle or be in control of an animal in a manner so that it damages any part of a public place; g) drive or park a vehicle in a public place except on a road or in an area set aside for the driving or parking of vehicles; h) remove any sand, soil or other naturally occurring material found in a public place; i) open a drain or sewer on, or disturb or remove the surface of, any public place. j) attempt to commit or willfully encourage or assist another person to commit any of the offences in clause 2.4(a) to (h). 2.5 FIRES AND CAMPING Notwithstanding the requirements of any other clause of this Part of this Bylaw, no person shall in any public place: a) light a fire, except at fireplaces specially provided or in an appliance designed for outdoor cooking, and in accordance with any restriction imposed by Council on the lighting of fires; Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

14 b) camp in an area not set aside for that purpose for a period exceeding one overnight stay in any one calendar month Campers must not camp in any prohibited camping areas as outlined in Schedule 10 in Part 3 (Public Safety) of this Bylaw. If campers are camping in restricted areas as outlined in Schedule 11 in Part 3 (Public Safety) of this Bylaw, campers must comply with the listed restrictions that apply to that site. 2.6 ACCESS TO BEACH No person shall ride, drive, stop, stand, or park a vehicle on a beach under the control of the Council except: a) with the prior written permission of the Council; or b) when launching or retrieving a boat from the sea, or estuary or river; provided that such vehicular access shall be restricted to: i) a route to the designated launching and retrieval point approved by the Council; ii) removal of the vehicle from the beach immediately upon completion of the launching or retrieval; c) an emergency vehicle used at the time to save or protect life or health, or prevent injury or serious damage to property; or d) a vehicle used in an official capacity at the time by an authorised officer No person shall drive or ride a vehicle or horse on a beach under the control of the Council in a manner as to: a) endanger the safety of persons; or b) be an annoyance or inconvenience to persons; Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

15 either on the beach or the foreshore Any person wishing to gain access from a public place to a beach shall use a designated access where this is available. 2.7 PLACING OF ARTICLES ON AND DAMAGE TO PUBLIC PLACES No person shall place or leave or cause or permit to be placed or left any material or object, including signage or items for sale or hire, on any public place unless: a) such a person has obtained the prior written permission from the Council; b) such action is taken for the purpose of regular refuse or other collections authorised by the Council or is otherwise authorised by law; or c) such action is allowed pursuant to any Part of the Bylaw or the District Plan. 2.8 REINSTATEMENT ON COMPLETION OF AUTHORISED WORKS A person carrying out authorised works on a public place shall on completion of the works reinstate the place to the satisfaction of the Council. 2.9 ELECTRICAL OR BARBED WIRE FENCING Except with the prior written permission of the Council, no person shall erect any electrified fencing or barbed wire fencing along the boundary or within one metre of a public place, provided that this sub-clause shall not prohibit: a) the placing of such barbed wire at a height of not less than two metres or electrified fencing not less than three metres from the level of the ground of such public place; b) the placing of such barbed wire or electrified fencing on the side of the boundary line that abuts the land or building and shielded in a manner to prevent access thereto from a public place. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

16 2.9.2 a) Clause 2.9 shall not apply within an area zoned rural in the District Plan, except when the fence abuts or adjoins a footpath; b) Council may from time to time specify by resolution conditions that will apply to temporary electric fences SKATING RESTRICTIONS ON SPECIFIED PUBLIC PLACES The Council may from time to time specify by resolution in Schedule 2 of this Part of this Bylaw public places where the riding of any skating device is at all or certain times prohibited or restricted to the extent determined by the Council OFFENCES PROHIBITED IN SPECIFIC PUBLIC PLACES a) No person shall ride a skating device in any area or at any time in breach of any prohibition or restriction specified in Schedule 2. b) It shall be an offence to ride a skating device on any footpath in a manner that endangers any person or property TRADING IN PUBLIC PLACES Except with the prior written permission of the Council, no person shall conduct trade or provide a service to the public or expose for sale any article or service in a public place; 2.12 ASSEMBLY No person shall without the prior written permission of the Council: a) participate in any assembly or associate with other persons in a public place so as to impede pedestrians or traffic or to prevent or hinder ready access to shops or premises facing onto the public place; or Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

17 b) organise, hold or conduct any meeting, gathering, demonstration, parade, procession or competition in a public place so as impede traffic or cause an obstruction to, or impede, annoy or inconvenience any person AWNINGS AND BLINDS Except with the prior written permission of the Council, no person shall erect or maintain, or cause to be erected or maintained, an awning over any public place, or hang an awning, blind or screen from a premises or a structure on any public place PROJECTIONS ON PUBLIC PLACES NOT PERMITTED Except with the prior written permission of the Council, or as may be permitted by other Parts of the Bylaw, no person shall allow a portico, projecting window, balcony, wall, lamp, door step, cellar door, lamp post, signboard, window shutter, gate post, vegetation or other obstruction or projection of any kind whatsoever in, on, over or under a public place or in such a position as to interfere with or obstruct in any way the free passage of pedestrians or traffic upon any public place Clause shall not apply to a verandah or awning erected pursuant to a requirement of the operative District Plan If any such projection or obstruction as aforesaid has been placed against or in front of any building before the coming into operation of Part 3 Public Safety and which is contrary to any Part of the Bylaw in force, the Council may upon application approve the continued existence of such projection or obstruction. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

18 2.15 ROAD AND BUILDING IDENTIFICATION Notwithstanding that a building or property is identified by other means, the owner or occupier of every building, or group of buildings forming part of a complex, or of a property shall, if the Council so requires mark such building complex or property with numbers, being in no case less than 50 mm in height for residential buildings and not less than 150mm in height for all other buildings. Numbers shall be as allocated or approved by the Council and displayed in a position on the building, complex or property so as to be readily visible from the road to which it has frontage Numbers required by clause shall be maintained by the owner or occupier in such a manner so as to readily identify the property at all times The Council may alter the number of a building, complex or property when it is necessary or advisable to do so ANIMALS ON PUBLIC PLACES No person shall take or allow any animal under that person s care or control onto any public place if the Council has by resolution in Schedule 3 of this Part of this Bylaw prohibited entry of that type of animal to that public place A person in control of an animal on any public place shall ensure that the animal is kept under proper control so as not to create a nuisance or danger for other persons using the public place. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

19 A person in control of an animal on any public place shall ensure that the animal is kept under proper control to ensure that no damage is caused to the public place, any part thereof or to any object thereon A person in control of an animal on any public place shall immediately remove any faeces deposited by that animal RESERVES The Council may fix charges for the entry to a reserve in accordance with the Reserves Act, 1977 and it shall be an offence against this Part of this Bylaw to enter a reserve without having paid the proper charge for entry, if a charge is payable The Council may close or restrict entry to, or any portion of, a reserve at such times as are considered necessary to prevent damage to, or allow maintenance of the reserve. Such closure shall be advertised by signs at the entrances to the reserve. It shall be an offence against this Part of this Bylaw to access a reserve at any time when it is closed to public entry a) A person committing a breach of the provisions of clause shall, upon request by an authorised officer, immediately leave the reserve and shall be prohibited from appearing on the reserve for such period as the authorised officer deems fit. b) A person ordered to leave a reserve as provided for in clause (a) shall still be liable to be prosecuted for the breach of the Bylaw. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

20 2.18 LIST OF SCHEDULES PASSED IN TERMS OF CLAUSE 2 OF PART 3 (PUBLIC SAFETY) a) Schedule 1 Prohibited camping areas. b) Schedule 2 - Restricted areas for skating devices. c) Schedule 3 - Restricted areas for animals. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

21 3.0 NUISANCE ON PRIVATE PROPERTY 3.1 PURPOSE The purpose of clause 3 is to protect the public from nuisance and to protect and promote and maintain public health and safety in relation to activities emanating from private property not controlled by the District Plan or other enactments. 3.2 RESTRICTIONS No person may: a) burn, or cause or permit to be burnt, any matter or thing in such a manner as to create a nuisance. b) being the owner or occupier of premises use, or permit to be used or to remain on premises a lavatory other than a flush toilet, unless it be so maintained as to prevent the creation of a nuisance; c) so deposit in or discharge, or so cause or permit the deposit or discharge into a stream, watercourse, pond, lagoon, open drain, gutter or channel, any litter, animal or other offensive matter or thing as to create or be likely to create a nuisance; d) being the owner or occupier of premises so cause or permit offensive liquid or matter to remain in or on, or flow from those premises so as to create or be likely to create a nuisance; e) being the owner or occupier of premises, cause or permit a sanitary fixture (as defined in the Building Regulations 1992, Schedule 1, The Building Code ) on those premises to be in such a state or defective condition as to create or be likely so to create a nuisance; f) being the owner or occupier of premises to cause or permit conditions on those premises likely to contribute to the outbreak or spread of disease by the agency of flies, mosquitoes, or other insects, or of rats, mice, or other vermin. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

22 4.0 ALCOHOL CONTROL IN PUBLIC PLACES 4.1 PURPOSE The purpose of clause 4 is to regulate the consumption and bringing into and possession of alcohol in specified public places, and for specified days, times and events. Clause 4 should be read in conjunction with section 147 of the Local Government Act 2002, which empowers the Council to make an alcohol control bylaw and sets out a number of specific exemptions to the Bylaw with respect to the transportation of unopened containers of alcohol in an alcohol ban area. In accordance with section 147 of the Local Government Act 2002 clause 4 does not apply to any licensed premises for which a licence is held under the Sale and Supply of Alcohol Act DESIGNATION OF SPECIFIED PUBLIC PLACE AS AN ALCOHOL BAN AREA A person must not, at all times, in any public place: a) bring alcohol into an alcohol ban area specified in Schedule 4; b) consume alcohol in an alcohol ban area or in a vehicle within an alcohol ban area specified in Schedule 4; c) have alcohol in their possession in an alcohol ban area or in a vehicle that is in an alcohol ban area specified in Schedule TEMPORARY ALCOHOL BANS The Council may from time to time, by resolution under section 151 and pursuant to section 147B of the Local Government Act 2002, specify an additional area(s) as an alcohol ban Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

23 area for a particular period relating to a specified event or particular time of year. The same prohibitions in clause apply for the period of the temporary ban Where a temporary alcohol ban is put in place, a minimum 7 days public notice of the temporary alcohol ban shall be given prior to the event or particular time of the year, specifying the additional alcohol ban area(s) and the time period when the provisions of clause of this Bylaw shall apply. Public notices shall be affixed in or adjacent to these alcohol ban areas at such times that the provisions of clause of this Bylaw apply. 4.4 DISPENSATION a) The Council may, on application by any person grant a waiver, dispensation or licence to do or refrain from doing anything which would otherwise be in breach of clause of this Bylaw for the purpose of enabling possession and/or consumption of alcohol in a public place at the time of any special event. b) Such a waiver, dispensation or suspension of operation of any part of clause shall be granted only in respect of specific time periods and specific locations associated with the special event, to enable better enjoyment of the event by members of the public. c) The Council may at its discretion impose conditions on any such waiver or dispensation granted a) In considering any application as provided for in clause 4.4.1, the Council shall obtain and consider a response to the request from the New Zealand Police, including the reason for that response. b) The Applicant may be required to publicly notify the waiver, dispensation or suspension prior to the commencement period of the period when the waiver, dispensation or suspension commences. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

24 4.4.3 The applicant may be required to pay the Council a fee or charge to cover any actual and reasonable costs associated with processing the application or obtaining a police response to the application under clause SPECIAL LICENCES Clause 4 of this Bylaw does not limit any individual or organisation (corporate or otherwise) from obtaining a Special Licence pursuant to the Sale and Supply of Alcohol Act 2012, in which case clauses 4.2 and 4.3 shall not apply. 4.6 ENFORCEMENT In accordance with section 169 of the Local Government Act 2002, the New Zealand Police is responsible for enforcing clause 4 of this Bylaw and constables have the powers of search and seizure without warrant, and the powers of arrest. 4.7 LIST OF SCHEDULES PASSED IN TERMS OF CLAUSE 4 OF PART 3 (PUBLIC SAFETY) Schedule 4 - Designation of specified public places as alcohol ban areas. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

25 5.0 KEEPING OF ANIMALS (EXCLUDING DOGS) 5.1 SCOPE The purpose of clause 5 is to protect promote and maintain public health by: a) regulating the keeping of pigs, poultry and bees; and b) limiting the nuisance created by the keeping of other animals. 5.2 DETERMINATION OF NUMBERS OF ANIMALS ALLOWED TO BE KEPT The Council may from time to time determine by resolution as prescribed in Schedule 5 of this Part of this Bylaw the maximum number of animals of particular species permitted to be kept on any property by reference to the District Plan. 5.3 PIG KEEPING No person shall keep more than the number of pigs prescribed in Schedule 5 on any property zoned rural in the District Plan without the prior written permission of the Council No person shall keep any pigs on any property in urban areas of the District Plan No person shall keep any pigs in a manner that: a) is a nuisance; or b) creates conditions injurious to health; or c) is offensive; or d) pollutes any water as defined in the Resource Management Act Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

26 5.3.4 Except with the prior written permission of the Council, or subject to the provisions of the District Plan, no person shall construct or allow any pigsty to remain or any pigs to be at large or to range at less distance than 50 metres from any dwelling, dairy, or any wholly or partly occupied building, or any street or public place or any place used for the preparation, storage, or sale of food for human consumption, or from any boundary of any adjoining property. 5.4 POULTRY KEEPING No person shall keep, or permit to be kept, any rooster or cockerel on or within any premises within the residential zones of Paeroa, Ngatea and Waihi In urban areas of the District Plan no poultry caged or otherwise shall be kept except in a properly constructed poultry house, built in accordance with the Building Regulations 1992, Schedule 1, ( The Building Code ), and covered in with a rainproof roof and provided with a floor of concrete or other approved material with a surrounding nibwall, to which a poultry run may be attached No poultry house or poultry run shall be erected or maintained so that any part of it is within 10 metres of any dwelling, factory, or any other building, whether wholly or partially occupied, or within 2 metres of the boundary of adjoining premises Except with the prior written permission of the Council no person shall keep: a) more than the number of head of poultry prescribed in Schedule 5 in any poultry house or poultry run on any property in urban areas of the District Plan; Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

27 b) more than the head of poultry prescribed in Schedule 5 on any property in areas zoned rural in the District Plan; With the exception of coops used to keep pigeons, doves and similar birds, every poultry run of whatever size shall be enclosed to confine the poultry within the poultry run Notwithstanding anything hereinbefore contained, no person shall keep poultry on any property so as to cause or be likely to cause a nuisance or any condition injurious to health or offensive because of the overcrowding of the property with such poultry or because of the state of repair of the poultry house or poultry run No person shall keep on any property in the urban areas of the District Plan any noisy poultry which causes a nuisance to the neighbours If a nuisance is created as a result of any poultry house or poultry run or the keeping of poultry, the Council may serve a notice on the owner or the keeper of the poultry house, poultry run or poultry requiring that person to abate the nuisance and the nuisance shall be abated in accordance with the notice. 5.5 BEE KEEPING Except with the prior written permission of the Council, no person shall keep bees or cause or permit bees to be kept at or on any property in the urban areas of the District Plan Every person keeping bees or causing or permitting bees to be kept on private property must ensure that: Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

28 a) the bees do not create nor are likely to create a nuisance or cause distress to any person; and b) the bees are not kept in such conditions that create or are likely to create a nuisance or cause distress to any person. 5.6 GENERAL NUISANCE CREATED BY ANIMALS Every person keeping an animal on private property must ensure it is kept in a manner that the animal does not create nor is likely to create a nuisance to any person. 5.7 SHELTER FOR ANIMALS No suffering shall be caused to an animal by the manner of its shelter or keeping. 5.8 SLAUGHTER OF ANIMALS No person shall slaughter any animals or dismember, handle, process or dispose of the carcass or remains of an animal on any property or premises, which in the opinion of an authorised officer, causes or is likely to cause nuisance or threat to public safety. 5.9 LIST OF SCHEDULES PASSED IN TERMS OF CLAUSE 5 OF PART 3 (PUBLIC SAFETY) Schedule 5 - Determination of numbers of animals allowed to be kept. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

29 6.0 CONTROL OF DOGS 6.1 CONTROL OF DOGS IN PUBLIC PLACES a) The owner or person for the time being in charge of any dog shall keep it on a leash in every public place into which it is taken or led, with the exception of dog exercise areas specified in Schedule 6 and prohibited areas specified in Schedule 7 of this Part of the Bylaw, and shall keep and prevent such dog from entering or being upon a public place unless it is so controlled. b) The provisions of sub-clause (a) shall not apply to working dogs exercising the work in respect of which the animal has been registered. c) The owner or any person in charge or having control of any dog, must ensure that the dog is under control by not causing a nuisance, danger or injury and that the person in charge of the dog is able to obtain an immediate and desired response from the dog by use of a leash, or voice command, hand signals, whistles or other effective means.. d) Every owner allowing a dog to ride on the open tray of a utility vehicle in a public place shall ensure that it is secured by a leash, lead or chain short enough so that the dog cannot fall from the tray and can be kept under control at all times. 6.2 DOG EXERCISE AREAS a) Dogs may be exercised free of restraint (off-leash) but under control in the areas specified in Schedule 6 as designated dog exercise areas. b) The owner or a responsible person over the age of sixteen (16) years must have continuous control of the dog and remain in the exercise area while the dog is running free. 6.3 PROHIBITED AREAS a) Dogs are prohibited from entry into any public place listed in Schedule 7 of this Part of the Bylaw, whether under control or not. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

30 b) The provisions of this clause shall not apply to working dogs exercising the work in respect of which the animal has been registered. 6.4 SHELTER Every owner of a dog shall ensure that the dog is provided with adequate shelter and that no suffering is caused to the dog by the manner of the shelter. 6.5 FOULING The owner or any person in possession or control of any dog that defecates in a public place or on land or premises occupied by anyone other than the owner of the dog shall immediately remove the faeces and dispose of them in an appropriate manner. No offence shall be deemed to have been committed against this Bylaw where the person having control of the dog removes the droppings immediately. 6.6 LIMITATION ON THE NUMBER OF DOGS ON ANY URBAN PREMISES a) No person shall keep, or permit to be kept, on or within any premises within the urban area more than two (2) dogs of greater age than three (3) months without first obtaining the written consent of the Council. b) Every application for such consent shall be in writing on the prescribed form and signed by the applicant and the applicant shall give to the Council such further information as it may require. Every such application shall be accompanied by an application fee which shall be fixed by the Council by resolution from time to time and publicly notified. c) The Council may grant or refuse to give consent for the issue of a licence at its absolute discretion and subject to any terms, conditions or restrictions as it may impose in any particular case concerning the housing and control of the dogs. d) Every person who commits any breach of the terms, conditions or restrictions imposed by the Council under sub-clause (b) hereof shall be guilty of an offence against this Part of the Bylaw. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

31 e) At the end of each dog registration period, any approval given during that year for any person to keep more than two (2) dogs on their premises may be reviewed by an authorised Council officer. On review, the approval may be modified or revoked in the event of non-compliance with any condition of approval. 6.7 DISEASED DOGS No person owning or having control or charge of any mangy or diseased dog shall take the same into any public place or permit or suffer such dog to enter or remain thereon or wander free and at large. 6.8 NUISANCES a) The owner of any dog or the owner or the occupier of any premises whereupon any dog or dogs are customarily kept shall: i) take adequate precautions to prevent the dog or dogs or the keeping thereof from becoming a nuisance or injurious to health; ii) iii) keep every bitch in season continuously confined but adequately exercised whilst it is in that condition; take such steps as are necessary to prevent dogs under the owner s control from being or becoming a nuisance or annoyance to residents in the neighbourhood by barking or howling or by obstructing the lawful passage of persons in public places or by rushing at and frightening such persons. b) If in the opinion of the Council s Planning and Environmental Services Manager, any dog or dogs or the keeping thereof on any premises has become or is likely to become a nuisance or injurious to health, the Council or any person duly authorised on that behalf by the Council may by notice in writing require the owner or occupier of the premises within a time specified in such notice to do all or any of the following: i) Reduce the number of dogs kept on the premises; ii) iii) Construct, alter, re-construct or otherwise improve the kennels or other buildings used to house or contain such dog or dogs; Require such dog or dogs to be tied up or otherwise confined during specific periods; Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

32 iv) Take such other action as the Councils Planning and Environmental Services Manager deems necessary to minimise or remove the likelihood of nuisance or injury to health. c) Any person to whom notice is given under the preceding provisions of this clause who fails to comply with such notice within the time therein specified commits an offence against this Part of the Bylaw. 6.9 IMPOUNDMENT AND NEUTEURING OF DOGS a) Any dog found at large in any place in breach of this Bylaw whether or not the dog is wearing a collar having the proper label or disc attached, may be impounded. b) Any dog found at large in any place and impounded on more than three (3) occasions within a continuous period of 24 months, may be required to be neutered FENCING REQUIREMENTS FOR DANGEROUS DOGS a) The securely fenced portion of an owner s property used for the containment of a dangerous dog must be a minimum area measuring eight (8) metres by four (4) metres, or such a size as deemed appropriate by an authorised officer. b) There must be a lockable gate to gain entry to the securely fenced area in sub-clause (a) and the fencing and gate shall be a minimum height of one point eight (1.8) metres, or such a height as deemed appropriate by an authorised officer. Note: The Dog Control Act 1996 requires dangerous dogs to be kept in a securely fenced portion of an owner s property that it is not necessary to enter to obtain access to at least one (1) door of any dwelling on the property LIST OF SCHEDULES PASSED IN TERMS OF CLAUSE 6 OF PART 3 (PUBLIC SAFETY) a) Schedule 6 Dog Exercise Areas. b) Schedule 7 Dog Control Areas. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

33 7.0 FOOD SAFETY Pursuant to section 145 of the Local Government Act 2002, the Hauraki District Council makes the following bylaw. 7.1 PURPOSE The purpose of this bylaw is to protect, promote and maintain public health and safety by: a) Implementing a food grading system for food premises; b) Requiring food premises to display grading certificates; and c) Allowing Council to close Food Premises when necessary. 7.2 SCOPE The Hauraki District Food Safety Bylaw applies to food service operations such as restaurants, cafes, take-aways, bakeries, dairies, pubs, clubs and caterers that prepare and serve ready-to-eat meals and snacks for consumption by customers both on and off the premises. This bylaw also applies to butchers. This bylaw applies to those food premises mentioned above operating under Food Control Plans (under the Food Act, 1981) and the Food Hygiene Regulations 1974, or any other relevant food safety programmes that may arise from subsequent legislation. This bylaw does not apply to those food premises approved and audited directly by the Ministry of Primary Industries. 7.3 GRADING a) An Authorised Officer shall grade each food premises, using the Environmental Health Food Premises Inspection Matrix in Schedule 8 of this bylaw, at least annually following an inspection. b) A new Food Premises or a Food Premises that has had a change of Occupier will receive a grading certificate within three months of continuous operation. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

34 c) The Council may, by resolution, make changes to the Food Premises Inspection Matrix in Schedule 8 of this bylaw. d) A grading certificate shall be issued to the Occupier of a food business as soon as practicable following an inspection, but no longer than ten working days following an assessment. e) The grade on the certificate must be displayed at each entrance(s) of the premises, so as to be readily visible from the exterior of the premises, or where this is deemed suitable at a location approved by an Authorised Officer. f) Any premises receiving a Grade E may be closed at the discretion of an Authorised Officer, in accordance with Clause 7.4 of this bylaw. The Occupier of the food business may apply in writing to the Council at any time for a re-grading. g) Any premises receiving a score of 0 under any of the assessment criteria in the attached Environmental Health Food Premises Inspection Matrix will automatically receive a Grade E and may be closed at the discretion of an Authorised Officer, in accordance with Clause 7.4 of this bylaw. The Occupier of the food business may apply in writing to the Council at any time for a re-grading. h) Any re-grading certificate will be issued within ten working days following the regrading inspection. Any re-grading/re-inspections shall be charged the rates as set by the Council in the Annual Plan. i) The grading certificate shall be current for a period not exceeding 12 months from the date of issue or such lesser time if it is amended, cancelled or withdrawn by an Authorised Officer following a subsequent grading or other inspection. j) Grading certificates are not to be transferred from one Occupier to another or from one food premises to another and remain the property of the Hauraki District Council. 7.4 CLOSURE OF PREMISES Where any food premises or part of any food premises as designated by the Authorised Officer, or any appliance, fitting or fixture or other equipment on any such food premises by reason of their situation, construction, disrepair, or state, are in such a condition that any food in the food premises may become unfit for human consumption, an Authorised Officer may serve notice in writing, requiring the Occupier of the food premises: Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

35 a) To cease to use the food premises or part of the premises as a food premises, or to clean or reconstruct, or to repair the food premises; or b) To cease to use, or to clean, reconstruct, or repair any appliance, fittings, fixture or other equipment on those food premises; in accordance with specific requirements and within the time specified in the notice. Where an Occupier has been directed to cease to use any food premises the occupier must not recommence use of those food premises until permission has been given in writing by an Authorised Officer. 7.5 FEES The Council may by resolution, publicly notified change the prescribed fees in respect of any certificate, authority, approval, permit or consent from an inspection by the Council under this bylaw. The prescribed food grading fees are contained in the Hauraki District Council Annual Plan. 7.6 PENALTIES It is an offence under this bylaw to not display a current food grading certificate in a prominent public place which is visible to the public. In accordance with section 239 of the Local Government Act 2002, every person who breaches this bylaw commits an offence and is liable on summary conviction to the penalty set out in section 242(4) of that Act (being a fine not exceeding $20,000). 7.7 LIST OF SCHEDULES PASSED IN TERMS OF CLAUSE 7 OF PART 3 (PUBLIC SAFETY) a) Schedule 8 Environmental Health Food Premises Inspection Matrix. b) Schedule 9 Food Grading Certificate. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

36 8.0 FREEDOM CAMPING 8.1 SCOPE The purpose of section 8.0 Freedom Camping is to encourage responsible freedom camping in the Hauraki District, whilst recognising that freedom camping is part of our traditional Kiwi culture and is a valued tourist experience. Section 8.0 regulates freedom camping in public places and the effects on our community and environment to: a) protect areas b) protect the health and safety of people who may visit the area c) protect access to the area 8.2 PROHIBITED AREAS AS OUTLINED IN SCHEDULE 10 OF PART 3 (PUBLIC SAFETY) A person must not freedom camp in any no freedom camping area within the District, as identified in Schedule 10: Prohibited Areas for Freedom Camping, without the prior written consent of the Council. 8.3 RESTRICTIONS OF FREEDOM CAMPING AS OUTLINED IN SCHEDULE 11 OF PART 3 (PUBLIC SAFETY) A person may freedom camp in any area identified in Schedule 11: Restricted Areas for Freedom Camping, pursuant to the specific restrictions listed for that site. 8.4 FREEDOM CAMPING AND COUNCIL RESERVES Pursuant to the Reserves Management Act 1977 freedom camping is not permitted on Council Reserves unless it is identified as a permitted activity in the Hauraki District Council Reserve Management Plan. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

37 8.5 PRIOR CONSENT FROM COUNCIL A person must not freedom camp at any prohibited freedom camping site within the District as identified in Schedule 10 of this Bylaw without the prior written consent of the Council, which may be with or without conditions. Consent must be applied for in writing to the Chief Executive Officer of the Council. Permission can also be sought from the Chief Executive Officer to waiver freedom camping restrictions on a site listed in Schedule 11: Restricted Areas for Freedom Camping, for specific events, which may be granted with or without conditions. 8.6 OFFENCES AND PENALTIES In accordance with section 27 of the Freedom Camping Act, an enforcement officer may issue an infringement notice to anyone who the enforcement officer believes on reasonable grounds has committed or is committing an infringement offence as set out in section 20(1) of the Act, which includes, but is not limited to; a) Freedom camping in a local authority area in breach of any prohibition or restriction in this bylaw. b) Interfering with or damaging the area, its flora or fauna, or any structure in the area. c) Depositing waste in or on the area (other than into an appropriate waste receptacle). d) Discharging a substance in or on a local authority area where the discharge of the substance is likely to be noxious, dangerous, offensive, or objectionable to such an extent that it has, or is likely to have, a significant adverse effect on the environment; or has caused, or is likely to cause, significant concern to the community or users of the area or land. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

38 8.7 FREEDOM CAMPERS MUST COMPLY WITH ANY REQUEST TO MOVE ON BY ANY AUTHORISED OFFICER An authorised officer may require a person who he or she believes on reasonable grounds is committing or has committed an offence to leave the local authority area or conservation land (being conservation land in respect of which the Director-General has consented to officers exercising enforcement powers) concerned within a specified timeframe. 8.8 RELATIONSHIP OF BYLAW WITH TREATY SETTLEMENT ACT This Bylaw does not limit or affect the rights in relation to Hauraki Iwi entitlements under the Claims Settlement Act LIST OF SCHEDULES PASSED IN TERMS OF CLAUSE 8 OF PART 3 (PUBLIC SAFETY) a) Schedule 10 Prohibited Sites for Freedom Camping b) Schedule 11 Restricted Sites for Freedom Camping List of dump stations in the Hauraki District (listed after Schedule 11) Explanatory Note: The Hauraki District Council Camping Bylaw, section b) in this Part of the Bylaw, created pursuant to the Local Government Act 2002, states: No person shall in any public place camp in an area not set aside for that purpose for longer than one overnight stay in any one calendar month. There is a list of dump stations and their locations and designated freedom camping sites in the Hauraki District attached after Schedule 11 in Part 3 of this Bylaw. Signs displaying conditions will be found on each site. Please note that tenting is not permitted on the grass areas adjacent to the carparks. Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

39 In compliance with the provisions of the Local Government Act 2002 and the Bylaws Act 1910 this Part of the Bylaw was duly made by the Hauraki District Council at the ordinary meeting of the Council on 12 th day of July Many of the Clauses within this Part of the Bylaw have undergone review processes meaning this Part of the Bylaw has been amended on several occasions and adopted: by Council resolution at the ordinary meetings of the Council held on the 15 th May 2013, 12 th June 2013 and 9 th October 2013, and came into effect from 1 st December 2013, and by Council resolution at the ordinary meeting of the Council held on the 25 th February 2015, and came into effect from 6 th March 2015, and by Council resolution at the ordinary meeting of the Council held on 20 th July 2016, and will came into effect from 1 st August 2016, and by Council resolution at the ordinary meeting of the Council held on 25 th October 2017, and will come into effect from 10 th November THE COMMON SEAL OF HAURAKI DISTRICT COUNCIL was hereto affixed in the presence of: Mr. John Tregidga, MAYOR Mr. Langley Cavers, CHIEF EXECUTIVE Hauraki District Council Consolidated Bylaw: Part 3 (Public Safety) M

40 SCHEDULES OF PART 3 (PUBLIC SAFETY) OF HAURAKI DISTRICT COUNCIL CONSOLIDATED BYLAW

41 Table of contents SCHEDULE 1 OF PART 3: SCHEDULE 2 OF PART 3: SCHEDULE 3 OF PART 3: SCHEDULE 4 OF PART 3: SCHEDULE 5 OF PART 3: SCHEDULE 6 OF PART 3: SCHEDULE 7 OF PART 3: SCHEDULE 8 OF PART 3: SCHEDULE 9 OF PART 3: SCHEDULE 10 OF PART 3 SCHEDULE 11 OF PART 3 AREAS PROHIBITED AND RESTRICTED FOR CAMPING PROHIBITED AREAS FOR SKATING DEVICES DETERMINATION OF ANIMALS IN PUBLIC PLACES DESIGNATION OF SPECIFIED PUBLIC PLACES AS ALCOHOL BAN AREAS DETERMINATION OF NUMBERS OF ANIMALS ALLOWED TO BE KEPT DOG EXERCISE AREAS DOG CONTROL AREAS ENVIRONMENTAL HEALTH FOOD PREMISES INSPECTION MATRIX FOOD GRADING CERTIFICATE PROHIBITED SITES FOR FREEDOM CAMPING RESTRICTED SITES FOR FREEDOM CAMPING

42 SCHEDULE 1 OF PART 3 PUBLIC SAFETY AREAS PROHIBITED AND RESTRICTED FOR CAMPING For determinations on prohibited and restricted areas for freedom camping please refer to Schedule 10: Prohibited Areas for Freedom Camping and Schedule 11: Restricted Areas for Freedom Camping, in Part 3 (Public Safety) of this Bylaw. Hauraki District Council, Consolidated Bylaw Schedule 1 Part 3 (Public Safety) Areas prohibited and restricted for camping

43 SCHEDULE 2 OF PART 3 PUBLIC SAFETY PROHIBITED AREAS FOR SKATING DEVICES The boundary line indicated by the thick line encloses the areas prohibited for skateboarding. PAEROA Hauraki District Council, Consolidated Bylaw Schedule 2 Part 3 (Public Safety) 1 Prohibited Areas for Skating Devices

44 WAIHI Hauraki District Council, Consolidated Bylaw Schedule 2 Part 3 (Public Safety) 2 Prohibited Areas for Skating Devices

45 NGATEA Hauraki District Council, Consolidated Bylaw Schedule 2 Part 3 (Public Safety) 3 Prohibited Areas for Skating Devices

46 SCHEDULE 3 OF PART 3 PUBLIC SAFETY DETERMINATION OF ANIMALS IN PUBLIC PLACES The Council has prohibited entry of the following type(s) of animal to the following public place(s): No determination by Bylaw Hauraki District Council, Consolidated Bylaw Schedule 3 of Part 3 (Public Safety) 1 Determination of Animals in Public Places

47 SCHEDULE 4 OF PART 3 PUBLIC SAFETY DESIGNATION OF SPECIFIED PUBLIC PLACES AS ALCOHOL BAN AREAS The areas identified in this Schedule are those areas which have been classified as alcohol ban areas in which clause of this Part of the Bylaw applies. Maps are indicative only. WHIRITOA An alcohol ban is in place in all public places in Whiritoa during the periods indicated in the table below: PERIOD Christmas and New Year period Auckland Anniversary Weekend Easter Weekend Queens Birthday Weekend Labour Weekend Any other weekend that has a public holiday on the Friday prior Any other weekend that has a public holiday on the Monday after LIQUOR BAN From 4pm 23rd December to 4am 6th January the following year. From 4pm Friday to 4am Tuesday inclusive each year From 4pm Thursday to 4am Tuesday inclusive each year From 4pm Friday to 4am Tuesday inclusive each year From 4pm Friday to 4am Tuesday inclusive each year From 4pm Thursday to 4am Monday inclusive each year From 4pm Friday to 4am Tuesday inclusive each year Hauraki District Council, Consolidated Bylaw Schedule 4 of Part 3 (Public Safety) 1 Designation of specified public places as alcohol ban areas (M )

48 WAIHI All public places are included in the permanent alcohol ban area at all times of the year within the areas of Waihi listed below: Within the 50 kilometre speed limit areas of the Waihi township, and Within the 70 kilometre speed limit area of Parry Palm Avenue and 100 kilometre speed limit area of Parry Palm Avenue from Dean Crescent toward the town centre. Hauraki District Council, Consolidated Bylaw Schedule 4 of Part 3 (Public Safety) 2 Designation of specified public places as alcohol ban areas (M )

49 PAEROA All public places are included in the permanent alcohol ban at all times of the year within areas of Paeroa listed below: Within the 50 kilometre speed limit areas of the Paeroa township. Hauraki District Council, Consolidated Bylaw Schedule 4 of Part 3 (Public Safety) 3 Designation of specified public places as alcohol ban areas (M )

50 NGATEA All public places are included in the permanent alcohol ban area at all times of the year within areas of Ngatea listed below: Within the 50 kilometre speed limit areas of the Ngatea township. Hauraki District Council, Consolidated Bylaw Schedule 4 of Part 3 (Public Safety) 4 Designation of specified public places as alcohol ban areas (M )

51 DICKEY FLAT CAMP GROUND, WAITAWHETA Dickey Flat campground is a permanent alcohol ban area at all times of the year. Hauraki District Council, Consolidated Bylaw Schedule 4 of Part 3 (Public Safety) 5 Designation of specified public places as alcohol ban areas (M )

52 SCHEDULE 5 OF PART 3 PUBLIC SAFETY DETERMINATION OF NUMBERS OF ANIMALS ALLOWED TO BE KEPT No determination by Bylaw Hauraki District Council, Consolidated Bylaw Schedule 5 of Part 3 (Public Safety) Determination of Numbers of Animals Allowed to bekept 1

53 SCHEDULE 6 OF PART 3 PUBLIC SAFETY DOG EXERCISE AREAS The following areas of land within the Hauraki District Council are available for the exercising of dogs. Dogs may be off-leash but must be under control. AREA AND DESCRIPTION RULES Paeroa Ward Stop bank land in Paeroa, between the Criterion Bridge and William Street. Brenan Field, Paeroa, excluding the skate park and the sports fields Off-leash Off-leash Plains Ward Stop bank land in Ngatea between the 100/50 km/hr speed limit sign on River Road and the Waikato Regional Council pump station adjacent to Orchard West Road. Stop bank land in Ngatea between the corner of Orchard West Road and Kaihere Road to Puhanga Island Bridge, Kaihere Road. Public land between the northern boundary of the District at Waharau and the southern boundary of the Wharekawa Recreation Reserve which is defined by the Waihopuhopu Bridge. Off-leash Off-leash Off-leash Waihi Ward Waihi South Reserve, Consol Street, Waihi. Morgan Park, Waihi, behind the netball courts only, excluding the children s playground and the sports fields. Whiritoa Beach, including the lagoon, but excluding the southern end of the beach which is defined as south of the beach access off Moray Place. Note: Outside these hours but within these dates this area is prohibited to dogs. Off-leash Off-leash Off-leash from December 20 to March 1 the following year and including all public holiday weekends throughout the year, between the hours of 7pm to 9am the following day Hauraki District Council, Consolidated Bylaw Schedule 6 of Part 3 (Public Safety) Dog Exercise Areas (File Ref: v1) 1

54 AREA AND DESCRIPTION Whiritoa Beach, including the lagoon, but excluding the southern end of the beach which is defined as south of the beach access off Moray Place. Note: Outside these hours but within these dates dogs must be on a lead in this area. RULES Off-leash from March 2 to December 19 the same year, but excluding public holiday weekends, between the hours of 3pm to 10am the following day Explanatory Note: On Leash Dog Areas As outlined in this Bylaw, in any public place in the Hauraki District, but excluding a designated dog exercise area or an area prohibited to dogs, dogs must be kept on a leash at all times. Public places include, but are not limited to; Council recreation reserves, beaches, road reserve, town centres, residential and industrial areas and those sections of the Hauraki Rail Trail and the Waihi to Waihi Beach cycleway where dogs are not prohibited. Entry to land under the control of the Department of Conservation may be restricted. Owners should consult with the Department of Conservation prior to entering land under the Departments control. Hauraki District Council, Consolidated Bylaw Schedule 6 of Part 3 (Public Safety) Dog Exercise Areas (File Ref: v1) 2

55 SCHEDULE 7 OF PART 3 PUBLIC SAFETY Prohibited Areas for dogs AREA AND DESCRIPTION RULES Prohibited Sites in the Hauraki District Children's playgrounds. Skate parks. Defined areas of ecological sensitivity identified from time to time by the Chief Executive of Council in conjunction with the Department of Conservation which are publically notified and identified with temporary area restrictions and/or signs. The southern end of Whiritoa beach; defined as that part of the beach south of the beach access off Moray Place and including the urupā site. Note: This area of beach is recognised by the Department of Conservation as a significant New Zealand Dotterel breeding site. Whiritoa Beach, including the lagoon. Note: Outside these hours but within these dates dogs may be exercised off leash. The pa/urupā site at the summit of the hill in Ngati Koi Recreation Reserve (Black Hill Reserve), Waihi. The beach area, defined as east of the boundary of East Coast road to the mean low water spring, from the District boundary at Miranda/Pūkorokoro to, the southern boundary of Kaiaua, which is defined by the southern 50 kilometre per hour speed limit sign. Prohibited Prohibited Prohibited for the duration of the determination Prohibited Prohibited from December 20 to March 1 the following year and including public holiday weekends between the hours of 9am to 7pm the same day Prohibited Prohibited Hauraki District Council, Consolidated Bylaw Schedule 7 of Part 3 (Public Safety) Dog Control Areas (File Ref: v1) 1

56 Prohibited Areas for dogs on the Hauraki Rail Trial Dogs are prohibited from those lengths of the Hauraki Rail Trail corridor outlined below. The corridor is defined as being the formed Hauraki Rail Trail track including any area between the fences on either side of the formed track and includes any bridges, underpasses and farm access tracks. Dogs are prohibited between the following points: a. That part of the Hauraki Rail Trail between Ferry Road, Hikutaia, and the southern side of the Opukeko Stream Bridge, Paeroa. b. That part of the Hauraki Rail Trail that commences at Ryall Road, Paeroa, through to the Hauraki Rail Trail Bridge immediately north of the stream/drain known as D3 on the Hauraki District Council Matamata-Piako District Council boundary. c. That part of the Hauraki Rail Trail from the intersection of Rotokohu Road and Te Moananui Flats Road, Paeroa, through to Bridge Street, Karangahake. d. That part of the Hauraki Rail Trail that commences at the gateway directly south of the western end of the pedestrian footbridge which traverses the Ohinemuri River adjacent to the Victoria Battery, Waikino, through to the northern side of the Hauraki Rail Trail swing bridge (C-11), Waihi. e. That part of the Hauraki Rail Trail between the western end of the Kopu Bridge on State Highway 25 and State Highway 25, Pipiroa. f. That part of the Hauraki Rail Trail between unsealed Buchanan Road, Pipiroa, and State Highway 25, Waitakaruru. g. That part of the Hauraki Rail Trail that commences where the Trail crosses Front Miranda Road, north of the Hot Springs Canal land drain, through to the southern boundary of Kaiaua which is defined by the southern 50 kilometre per hour speed limit sign, south of Kaiaua. Hauraki District Council, Consolidated Bylaw Schedule 7 of Part 3 (Public Safety) Dog Control Areas (File Ref: v1) 2

57 DOG CONTROL AREAS Map of Whiritoa Hauraki District Council, Consolidated Bylaw Schedule 7 of Part 3 (Public Safety) Dog Control Areas (File Ref: v1) 3

58 DOG CONTROL AREAS Map of Kaiaua dog control areas Hauraki District Council, Consolidated Bylaw Schedule 7 of Part 3 (Public Safety) Dog Control Areas (File Ref: v1) 4

59 DOG CONTROL AREAS Hauraki Rail Trail Hauraki District Council, Consolidated Bylaw Schedule 7 of Part 3 (Public Safety) Dog Control Areas (File Ref: v1) 5

60 SCHEDULE 8 OF PART 3 PUBLIC SAFETY ENVIRONMENTAL HEALTH FOOD PREMISES INSPECTION MATRIX Situation Type of Premises Occupier Event LIC No: HLTH- EHO Date Fred Doc No ASSESSMENT OF PERSONAL HYGIENE PRACTICES: Score Excellent standard of personal hygiene, all required tools provided to a high standard. 5 Good standard of personal hygiene, wash hand basins fully equipped. 4 Acceptable standard of personal hygiene, wash hand basins fully equipped. 3 Personal hygiene needing improvement, wash hand basins not fully equipped. 2 Lack of understanding of personal hygiene requirements, wash hand basins not fully equipped. 1 Serious breaches of hygiene practice requirements. 0 ASSESSMENT OF TEMPERATURE CONTROL: Score Written temperature monitoring programme, procedures relating to temperature control in place and fully implemented. 5 Temperature monitoring programme and procedures relating to temperature control in place, but not fully documented. 4 Minimal risk of temperature abuse. Temperatures in compliance with requirements. 3 Temperature control generally good, but some significant gaps in procedures. 2 Some evidence of temperature abuse and food potentially contaminated. 1 Serious breaches of temperature control. 0 ASSESSMENT OF FOOD PROTECTION: Score Documented systems in place and evidence that procedures implemented. 5 Food protected and systems in place, but not documented. 4 Some systems in place, food unlikely to be exposed to contamination. 3 Systems needing improvement, risk that food exposed to contamination. 2 Lack of food protection and evidence that food exposed to contamination. 1 Serious breaches of food protection requirements. 0 ASSESSMENT OF CLEANING AND SANITISING: Score Excellent overall standard of cleanliness. 5 Very good overall standard of cleanliness. 4 Good standard of cleanliness. 3 General standard of cleanliness reasonable improvement needed to prevent a fall in standards. 2 Premises in a poor condition, general lack of effective cleaning. 1 Premises in an unacceptable condition, almost total non-compliance with requirements. 0 ASSESSMENT OF PREMISES (STRUCTURAL): Score Excellent overall condition, maintenance programme in place. 5 Very good overall condition, regular maintenance. 4 Good overall condition, suitable for purpose. 3 Reasonable overall condition, but improvements needed to prevent a fall in standards. 2 Poor overall condition and general lack of maintenance. 1 Serious structural deficiencies and premises not suitable to be used as food premises. 0 ASSESSMENT OF TRAINING: Score Records of training. Evidence that all staff trained commensurate to their roles. 5 Training programme in place but not fully documented. 4 Supervision of staff, but limited training programme. 3 Key staff trained and some supervision, but no training programme for other staff. 2 Key staff trained, but lack of supervision and training. 1 Evidence that lack of training is likely to result in serious breaches of food hygiene. 0 TOTAL Grade A Score Grade B Score Grade D Score Grade E Score 0-11 GRADE Advice Note: The food hygiene grade is determined by adding the above scores together from each of the six assessment criteria. The exception being when a score of zero is received for any of the assessment criteria, in which case the premises will automatically receive a Grade E. Hauraki District Council, Consolidated Bylaw Schedule 8 of Part 3 (Public Safety) Environmental Health Food Premises Inspection Matrix (File Ref: v1) 1

61 SCHEDULE 9 OF PART 3 PUBLIC SAFETY FOOD GRADING CERTIFICATE Hauraki District Council, Consolidated Bylaw Schedule 9 of Part 3 (Public Safety) Food Grading Certificate (File Ref: v1) 1

62 SCHEDULE 10 OF PART 3 PUBLIC SAFETY PROHIBITED SITES FOR FREEDOM CAMPING South end of Rays Rest Reserve, Kaiaua The reserve is off East Coast Road, approximately 4.5 km south of the Kaiaua township and adjacent to the Firth of Thames and Department of Conservation reserve. Hauraki District Council, Consolidated Bylaw Schedule 10 of Part 3 (Public Safety) Prohibited Sites for Freedom Camping (File Ref: v1) 1

63 SCHEDULE 11 OF PART 3 PUBLIC SAFETY RESTRICTED SITES FOR FREEDOM CAMPING Rays Rest, Kaiaua The reserve is off East Coast Road, approximately 4.5 km south of Kaiaua township and adjacent to the Firth of Thames. Camping is restricted to self-contained vehicles holding and displaying current NZS 5465:2001 certification, maximum two night stay in any one calendar month. Hauraki District Council, Consolidated Bylaw Schedule 11 of Part 3 (Public Safety) Restricted Sites for Freedom Camping (File Ref: v1) 1

64 Rays Rest, Kaiaua Hauraki District Council, Consolidated Bylaw Schedule 11 of Part 3 (Public Safety) Restricted Sites for Freedom Camping (File Ref: v1) 2