FAR NORTH DISTRICT COUNCIL BYLAWS RESERVES

Transcription

1 FAR NORTH DISTRICT COUNCIL BYLAWS RESERVES

2 I N D E X RESERVES Clause Introduction 1701 Interpretation 1702 Entry to reserves 1703 Obstruction of Entrances, etc 1704 Wastage of water 1705 Riding and Driving 1706 Boats/Vehicles on reserves 1707 Camping 1708 Misbehaviour 1709 Assemblies 1710 Sports and Games 1711 Dogs 1712 Landing of Aeroplanes, etc 1713 Commercial activities 1714 Reserved Areas 1715 Ordering Off 1716 Closure of Reserves 1717 Schedules 1718 Offences and Penalties Page

3 CHAPTER SEVENTEEN RESERVES INTRODUCTION 1) This bylaw replaces chapter 17 Parks and Reserves, and chapter 19 Beaches, Bathing and Control of the Far North District Council General and Fire Bylaws ) The bylaw came into effect on 24 December Interpretation AUTHORISED OFFICER or OFFICER means: any officer of the Council to whom any powers or authorities are delegated and includes any Police Officer and any Enforcement Officer. CAMPING means: to use any vehicle, tent or other similar structure, for the purposes of temporary personal accommodation, whether or not self-contained which involves the use of the vehicle, tent or other structure for sleeping overnight. Provided however it shall not include temporary or short term parking of a vehicle customarily used for camping, or resting or sleeping in a caravan or motor vehicle to avoid driver fatigue. COMPLYING CAMPING VEHICLE means: any vehicle which is designed to be used for the purpose of overnight accommodation and includes caravans, motor homes, house buses, house trucks and any other vehicle which meets the provisions of NZS 5465:2001 (Self Containment for Motor Caravans and Caravans). COUNCIL means: the Far North District Council and any officer authorised to exercise the authority of the Council. ENFORCEMENT OFFICER means: any person appointed as an enforcement officer under section 177 of the Local Government Act RESERVE includes any open space, plantation, park, garden or ground set apart for public recreation or enjoyment, and any esplanade, foreshore or beach associated with any water way, lake or coastal area where such is included within the District; which is vested in or under the control of the Council. VEHICLE and MOTOR VEHICLE shall have the same meaning as in section 2 (1) of the Land Transport Act Entry to reserves No person shall enter or leave any reserve except through the gateways, entrances, or exits provided for the purpose No person shall enter any reserve at any time when such reserve is closed to the public, without the prior permission of an authorised officer Where any reserve, or part of any reserve, is being used with the authority of the Council for any private function or event, or any function or event to which an admission fee is being charged, no person shall enter or attempt to enter the reserve or such part of the reserve so being used without the consent of the organiser of, or without paying the admission fee being charged in respect of, such function or event Obstruction of Entrances, etc

4 1704 Wastage of water No person shall wilfully obstruct any of the approaches, entrances, exits, thoroughfares, walkways, or roads to or within any reserve. No person shall permit or cause wastage of water or permit any water tap to flow longer than required for the filling of utensils for drinking, cooking, or washing purposes; nor shall any person in any manner pollute or otherwise render unfit for use for human consumption or otherwise any water supply in any reserve Riding or Driving motor vehicles No person shall drive or park any motor vehicle on any reserve other than on such part of the reserve which is formed and set aside for that purpose, or as indicated by any sign erected on the reserve No person shall drive or park any motor vehicle on any part of any reserve specified in the first schedule hereto No person shall drive any vehicle on any part of any reserve at a speed greater than 15km/hr, or such other speed as may be indicated by a speed restriction sign Boats/vehicles on reserves No person shall on any reserve carry out any repairs to or maintenance work on any vehicle, or boat without permission from an authorised officer, unless those repairs are of a minor and urgent nature No person shall store any vehicle, trailer or boat on any reserve other than in any area set aside for such storage, without permission from an authorised officer Camping No person shall use any reserve for the purposes of camping, other than any reserve set aside by or under the authority of the Council as a camping ground, or where an authorised officer has approved the temporary use of a reserve for camping in association with a specific event The Council may by resolution publicly notified, specify and identify by way of appropriate signs, reserves where a complying camping vehicle may be used for camping, subject to compliance with any conditions which may be imposed by the resolution and specified on the sign identifying the camping area Misbehaviour No person shall wilfully obstruct, disturb, annoy, or in any way interfere with any other person in their use or enjoyment of any reserve Assemblies 1710 Sports and Games No person shall hold, or conduct, or attempt to hold or conduct, any public meeting, fair or fête, demonstration, or any similar event, or make any public address, in any reserve except with the prior authority of an authorised officer, and in accordance with any conditions which might be imposed under such authority.

5 No person shall carry on any game or other activity on any reserve which is contrary to any notice erected at the entrance to or on the reserve; nor engage in any game or activity which in the opinion of an authorised officer is liable to damage the reserve or anything or anybody therein, or is otherwise undesirable, after being instructed by the officer to cease the game or activity Dogs No person shall bring any dog on to any reserve, or allow any dog in their custody or under their control to remain on any reserve, unless the dog is on a leash or is within an area specified by the Council s Dog Control bylaw 2006 as an area where dogs are permitted off the leash, or as a dog exercise area. (Note: The provisions of the Council s Dog Control Bylaws 2006 require owners to immediately remove any faeces deposited by their dog) 1712 Landing of Aeroplanes, 1713 Commercial Activities 1714 Reserved areas No person shall use any part of any reserve for the purpose of landing thereon or flying there-from any aeroplane or any other kind of flying machine, glider or parachute, except in case of emergency or in accordance with the prior permission of an authorised officer, or any licence issued by the Council. No person shall undertake any activities of a commercial nature, including the operation of any entertainment device, the sale of any goods, the hire of any equipment, or any similar activity on any reserve, without a licence from the Council The Council may from time to time by resolution publicly notified set aside any reserve or any part of any reserve for any specified activity, or as an area which any specified activity shall not be permitted Any person who carries out any activity within an area where such an activity is indicated by any sign erected adjacent to the area to be prohibited, or who carries out within any area any activity which is not permitted within that area, commits an offence against this bylaw Any person who interferes with or obstructs any person who is using any area for the purpose for which it is set aside commits an offence against this bylaw Ordering Off 1716 Closure of reserves. Every person committing any breach of the provisions of this Part of this bylaw shall commit an offence and upon request by any authorised officer immediately leave the reserve, and any person failing with all reasonable speed to comply with such request shall be guilty of a further offence. PROVIDED THAT nothing in this clause shall serve to prevent the Council from initiating a prosecution in respect of the offence or offences so committed. The Council may prohibit the entry of any person, or any motor vehicle, or the bringing of any animal, onto any reserve where it is satisfied that such would give rise to a significant danger of disturbance to breeding and roosting shorebirds, or where the state of the reserve or any part of it is likely to endanger any users of the reserve, or where for any other reason it considers that public access should be temporarily suspended.

6 1717 Schedules The Council may from time to time, by resolution publicly notified, add to or otherwise amend any schedule hereto Offences and Penalties Any person who does anything in breach of any provision of this bylaw commits an offence and on summary conviction shall be liable to a fine not exceeding $20,000. This bylaw was made pursuant to a resolution passed at the Ordinary Meeting of the Far North District Council held on Thursday 30 September 2010 and confirmed at the Ordinary meeting of the Council held on Thursday 9 December THE COMMON SEAL OF THE FAR NORTH DISTRICT COUNCIL Was affixed hereto in the presence of:.. Mayor Chief Executive