Part 17 Parks and Reserves.

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Part 17 Parks and Reserves www.whakatane.govt.nz

PART 17 PARKS AND RESERVES Date made: 30 June 2008 Commencement: 1 July 2008 Explanatory Note Part 17 Parks and Reserves was made pursuant to sections 145 and 146 of the Local Government Act 2002. The purpose of Part 17 Parks and Reserves is to regulate the use of parks and reserves in the Whakatane District to ensure that they can be used for their intended purpose without users being subject to hazard, annoyance or activities affecting health, safety or wellbeing. Part 17 Parks and Reserves also provides for the protection of all Council infrastructure associated with parks and reserves from damage or loss.

CONTENTS 17.1 Interpretation 17.2 Access 17.3 Damage and Interference 17.4 Litter and Pollution 17.5 Dogs 17.6 Water 17.7 Wandering Stock 17.8 Riding and Driving 17.9 Notices and Signs 17.10 Bathing 17.11 Lighting Fires 17.12 Erection of Tents and Stalls and Other Structures 17.13 Trading and Alcohol 17.14 Misbehaviour 17.15 Children s Apparatus 17.16 Destruction of Birds, etc 17.17 Parades and Assemblies 17.18 Interference with Employees and Contractors 17.19 Sports and Games 17.20 Firearms and Weapons 17.21 Model Aeroplanes 17.22 Landing of Aeroplanes, Etc 17.23 Local Authority Officers 17.24 Times of Opening of Reserves 17.25 Closing in Special Circumstances 17.26 Charges on Special Occasions and for Particular Purposes 17.27 Ordering Off 17.28 Offenders Required to Give Names

PART 17 PARKS AND RESERVES 17.1 INTERPRETATION 17.1.1 Reserve includes any open space, plantation, park, garden or ground set apart for public recreation or enjoyment which is under the management or control of the Council. 17.2 ACCESS 17.2.1 No person shall enter or leave any reserve except through the openings, gateways, entrances or exits provided for the purpose. 17.2.2 No person shall wilfully obstruct any of the approaches, entrances, exits, thoroughfares, or walks of any reserve. 17.2.3 No person shall enter any reserve unless the reserve is open for public admission. 17.3 DAMAGE AND INTERFERENCE 17.3.1 No person shall interfere with any inscription, signage or any labels attached to or connected with any article, tree, shrub or other plant, or any notice used to indicate or exhibit any name, regulation or bylaw. 17.3.2 No person shall remove, damage, or destroy, or attempt to remove, damage or destroy, any structure or any fitting within any reserve. 17.3.3 No person shall, without prior written permission, take, deposit, remove, or disturb any soil, shrub, tree, or other growth, or take any seed, cutting or interfere with or pick, or otherwise remove any flowers, ferns, or greenery. 17.3.4 No person shall enter any area set apart for the cultivation of plants and growing of plants, including flowerbeds, nurseries, and planted gardens. 17.3.5 No person shall deface by writing or otherwise or in any other manner damage the walls or any building or structure in any reserve, or therein act or use these buildings or structures in an inappropriate manner. 17.4 LITTER 17.4.1 No person shall leave any litter within any reserve except in receptacles provided. 17.5 DOGS (Note: Clause 17.5 must be read in conjunction with Part 6 - Dog Control of the WDC Consolidated Bylaw 2007). 17.5.1 No person shall take any dog or allow any dog under his or her charge or control to go onto any reserve unless the dog is on a leash. 17.5.2 The owner or any other person for the time being in charge of any dog that is found in any reserve without being on a leash or otherwise secured shall be guilty of an offence against this Part of the Bylaw.

17.6 WATER Provided that the Council may by publicly notified resolution set aside certain reserves for dogs which do not need to be restrained by a lead provided they are under the effective control of their owner at all times OR the Council may prohibit dogs from entering onto any reserve. 17.6.1 No person shall permit or cause wastage of water or permit any water tap to flow for a longer period than may be reasonably 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. 17.7 WANDERING STOCK 17.7.1 No person shall, without the prior permission of an authorised officer of the Council, turn in or allow any animal or poultry to wander or graze within the limits of any reserve. 17.8 RIDING AND DRIVING 17.8.1 No person shall, without permission, park, ride or drive any vehicle, motorcycle, or bicycle, or drive, ride, or lead any horse, or other animal on any area of any reserve except on those areas set aside specially for such purpose. 17.8.2 No person shall drive: (a) any vehicle in any reserve at a speed in excess of 20 km per hour; or (b) any vehicle or drive or lead any animal in any reserve without due care and attention or without reasonable consideration for other persons using the reserve; or (c) ride any animal or vehicle within any reserve in such a manner as to cause damage to the reserve. 17.9 NOTICES AND SIGNS 17.9.1 No person shall post or interfere with any placard, sign, or noticeboard in, on or within any reserve without the prior permission of an authorised officer of the Council, nor without such permission distribute any handbill or notice therein or at any of the entrances to the reserve. 17.10 BATHING 17.10.1 No person shall bathe or wade within a reserve in any water where such bathing or wading has been forbidden by the Council. 17.11 LIGHTING FIRES 17.11.1 Subject to any applicable Fire Control legislation or any Part of this Bylaw, no person shall, without the prior permission of the Council, light any fire except in a place specially provided by the Council for that purpose, or set fire to any vegetation in any reserve.

17.11.2 Subject to any applicable Fire Control legislation or any Part of this Bylaw, no person shall light any fire or continue burning the same in a reserve after sunset without the consent of the Council or an authorised officer. 17.12 ERECTION OF TENTS AND STALLS AND OTHER STRUCTURES 17.12.1 No person shall put up or erect any stall, tent, camp, booth, swing, amusement device, or structure of any kind within any reserve except with the prior written permission of an authorised officer and in accordance with any conditions that may be required. 17.12.2 Except with the prior written permission of the Council or an authorised officer, no person shall use any dwelling or vehicle for the purpose of temporary or permanent living accommodation on any park or reserve except in those areas designated and identified by official Council signs. 17.13 TRADING AND ALCOHOL 17.1.1 No person shall sell or offer for sale any article of food or merchandise or alcohol, or any kind of drink, or carry on any trade, pursuit, or calling within any reserve, without the prior written permission of an authorised officer and in accordance with any required conditions. 17.14 MISBEHAVIOUR 17.14.1 Within the limits of any reserve, no person shall wilfully obstruct, disturb, annoy, or interfere with any person in the use or enjoyment of any reserve, or use any indecent, or offensive language, or be intoxicated or under the influence of drugs, or noisy, or riotous, or disorderly, or do or practice anything likely to insult, offend, annoy, or injure any person. 17.15 CHILDREN'S APPARATUS 17.15.1 No person over the age of 12 years shall use or occupy any swing, roundabout, slide, sandpit, seesaw, or any children's play apparatus. 17.16 DESTRUCTION OF BIRDS 17.16.1 No person shall by any means whatsoever destroy, shoot, snare, injure, interfere with or take any animal, fish, bird, bird's nest or bird's egg, or attempt so to do, in or from any reserve without the prior written permission of an authorised officer of the Council. Provided that in the case of any animal or bird protected by the Wild Life Act 1953 no such permission shall be granted unless and until the provisions of that Act have been complied with. 17.17 PARADES AND ASSEMBLIES 17.17.1 Except with the prior written permission of the Council, and in accordance with any conditions that may be required, a person shall not on any reserve conduct any public meeting or gathering, or make any public address, or attempt to collect a crowd. 17.17.2 The Written Permission referred to in clause 17.17.1 will not be unreasonably withheld. The Council will give reasons where permission is refused.

Permission may be refused in circumstances where the Council reasonably believes the activity will or is likely to: (a) (b) (c) Cause a public nuisance or; Endanger public health and safety (including traffic safety); or Cause damage to the reserve. 17.18 INTERFERENCE WITH EMPLOYEES AND CONTRACTORS 17.18.1 No person shall in any reserve interrupt or interfere with any employee or contractor working therein. 17.19 SPORTS AND GAMES 17.19.1 The Council or an authorised officer may prevent any game being played on any reserve which in his or her opinion may damage the reserve or anything therein, or which, in the opinion of the Council or an authorised officer, is otherwise undesirable. 17.19.2 Every person who fails upon the request of the Council or an authorised officer as aforesaid to stop from playing or taking part in any such game shall be guilty of an offence against this Part of this Bylaw. 17.19.3 No person shall play at or engage in or practice activities or sports on any playing ground or reserve after being requested by the Council or an authorised officer to leave any playing ground or reserve or when any notice is displayed at the main entrance to any playing ground or reserve stating that the area is Closed to Play" or similar wording. 17.19.4 No person shall play or practise golf except on a reserve, which the Council has by resolution set aside for that purpose. 17.20 FIREARMS AND WEAPONS 17.20.1 No person shall carry any firearm, axe or other instrument of a dangerous character, or any airgun or bow and arrow or use or discharge any such item, on any part of a reserve unless specifically authorised by the Council or an authorised officer. 17.20.2 No person shall let off any fireworks or throw stones either by hand or by means of a catapult or other appliance on any part of a reserve unless specifically authorised by the Council or an authorised officer. 17.20.3 No person shall use or throw projectiles or missiles (including, but not limited to Frisbees or any other amusement device) in such a manner as to cause a nuisance or danger to other users of any park or reserve. 17.21 MODEL AEROPLANES 17.21.1 No person shall fly any model aeroplane except with the prior written permission of an authorised officer and then only in accordance with any required conditions.

17.22 LANDING OF AEROPLANES, ETC 17.22.1 No person shall make use of any part of any reserve for the purpose of the landing thereon or flying there from of an aeroplane or of any kind of flying machine or glider except in case of emergency or in accordance with the prior written permission of an authorised officer. 17.23 LOCAL AUTHORITY OFFICERS 17.23.1 No act by any officer, employee, or agent of the Council when engaged in the performance of his or her duties on any reserve shall constitute an offence against this Part of the Bylaw. 17.24 TIMES OF OPENING OF RESERVES 17.24.1 The Council may, from time to time, by public notice, prescribe the period or periods during which any particular reserve shall be open to the public. No person shall be in, remain in or enter such reserve otherwise than during such period or periods. 17.25 CLOSING IN SPECIAL CIRCUMSTANCES 17.25.1 The Council may close any reserve or part of a reserve, as a result of civil disorder, biosecurity hazard, natural disaster, safety hazard or such other factor as is deemed necessary. 17.25.2 No person shall enter or remain in such reserve or nominated part thereof during the period of closing without the prior permission of the Council. 17.26 CHARGES ON SPECIAL OCCASIONS AND FOR PARTICULAR PURPOSES 17.26.1 The Council may close all or any portion or portions of any reserve during such times as it thinks fit, and where charges may be made, may by resolution fix charges for the right to use such portions as are open to the public. 17.26.2 The Council may, by resolution, adopt regulations governing the use of such portions and may similarly fix charges therefore. Every area shall be used only for the purpose for which it was constructed or set apart, and no person shall go thereon for any purpose unless he or she has paid the charge fixed for that purpose. 17.26.3 Every person who on any day for which a charge is payable for admission to any reserve enters any such reserve without paying the proper charge shall be guilty of an offence against this Part of the Bylaw. 17.26.4 Every person who on any day for which a charge is payable for admission to any reserve or any part thereof has, before the time at which any use for which the charge is made is due to commence, entered such reserve without paying the prescribed charge for admission, shall before the commencement of such entertainment either pay the proper charge for admission or leave. 17.27 ORDERING OFF 17.27.1 Every person committing any breach of the provisions of this Part of this Bylaw shall, upon request by any authorised officer, immediately leave the reserve and may be prohibited from appearing on the reserve for such period as the authorised officer deems fit.

Any person failing with all reasonable speed to comply with such request shall be guilty of a further offence, and shall also be liable to be prosecuted and/or fined for such breach. 17.28 OFFENDERS REQUIRED TO GIVE NAMES 17.28.1 Any person who, in the opinion of any authorised officer, commits a breach of any of the provisions of this Part of this Bylaw shall, if requested by the authorised officer, supply his or her full name and address.

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