City of Onkaparinga Moveable Signs By-law 2016 CITY OF ONKAPARINGA MOVEABLE SIGNS BY-LAW 2016 BY-LAW NO. 2 OF 2016 A By-law to set standards for moveable signs on roads and to provide conditions for the placement of such signs. PART 1 - PRELIMINARY 1. Title This By-law may be cited as the Moveable Signs By-law 2016 and is By-law No. 2 of the City of Onkaparinga. 2. Authorising law This By-law is made under sections 239 and 246 of the Act. 3. Purpose The object of this By-law is to set standards for moveable signs on roads: 3.1. to protect the comfort and safety of road users and members of the public; 3.2. to enhance the amenity of roads and surrounding parts of the Council area; 3.3. to prevent nuisances occurring on roads; 3.4. to prevent unreasonable interference with the use of a road; and 3.5. for the good rule and government of the Council area. 4. Commencement, revocation and expiry 4.1. The following By-laws previously made by the Council are revoked from the day on which this By-law comes into operation 1 : 4.1.1 By-law 2 - Moveable Signs 2009. 2 4.2. This By-law will expire on 1 January 2024. 3 Note- 1. Generally a By-law comes into operation 4 months after the day on which it is gazetted: section 249(5) of the Act. 2. Section 253 of the Act provides that the revocation of a By-law by another By-law that contains substantially the same provisions, does not affect certain resolutions such as those applying a By-law to a part or parts of the Council area. 3. Pursuant to section 251 of the Act, a By-law will expire on 1 January following the seventh anniversary of the gazettal of the By-law.
City of Onkaparinga Moveable Signs By-law 2016 5. Application 5.1. This By-law operates subject to the Council's Permits and Penalties By-law 2016. 5.2. This By-law applies throughout the Council's area. 6. Interpretation Note- In this By-law, unless the contrary intention appears: 6.1. Act means the Local Government Act 1999; 6.2. business premises means premises from which a business is being conducted; 6.3. Council means the City of Onkaparinga; 6.4. footpath area means: 6.4.1 that part of a road between the property boundary of the road and the edge of the carriageway on the same side as that boundary; 6.4.2 a footway, lane or other place made or constructed for the use of pedestrians and not for the use of vehicles; 6.5. moveable sign has the same meaning as in the Act; 6.6. road has the same meaning as in the Act; 6.7. traffic control device has the same meaning as in the Road Traffic Act 1961; and 6.8. vehicle has the same meaning as in the Road Traffic Act 1961. Section 14 of the Acts Interpretation Act 1915 provides that an expression used in this By-law has, unless the contrary intention appears, the same meaning as in the Acts under which the By-law was made PART 2- MOVEABLE SIGNS 7. Construction and design A moveable sign placed on a footpath area must: 7.1. be of kind known as an 'A' frame or sandwich board sign, an inverted 'T' sign, a flat sign or, with the permission of the Council (which permission may, but is not required to be, in the form of guidelines published by the Council), a sign of some other kind; 7.2. be designed, constructed and maintained in good quality and condition; 7.3. be of strong construction and sufficiently stable or securely fixed when in position so as to keep its position, including in adverse weather conditions; 7.4. have no sharp or jagged edges or corners; 2
City of Onkaparinga Moveable Signs By-law 2016 7.5. not, in the opinion of an authorised officer, be unsightly or offensive in appearance or content; 7.6. not contain flashing parts; 7.7. be constructed of timber, metal, plastic or plastic coated cardboard, or a mixture of such materials; 7.8. not exceed 900mm in height or have a base with any side exceeding 600mm in length; 7.9. not have a display area exceeding one square metre in total or, if the sign is two-sided, one square metre on each side; 7.10. in the case of an 'A' frame or sandwich board sign: 7.10.1 be hinged or joined at the top; and 7.10.2 be of such construction that its sides are securely fixed or locked in position when erected; 7.11. in the case of an inverted 'T' sign, not contain struts or members that run between the display area and the base of the sign; and 7.12. in the case of a sign of some other kind, comply with any guidelines published by the Council in relation to that type of sign. 8. Placement A moveable sign must not be: 8.1. placed on any part of a road except on the footpath area; 8.2. in the case of a flat sign, placed on a footpath area unless securely tied or chained to a pole or other structure adjacent to the business premises to which it relates; 8.3. subject to clause 8.2, tied, fixed or attached to or, placed closer than 2 metres from another structure, fixed object (including another moveable sign), tree, bush or plant; 8.4. placed on the sealed part of a footpath unless the sealed part is wide enough to contain the sign and still leave a clear thoroughfare (of sealed footpath area) of at least 1.2 metres wide; 8.5. placed on a footpath that is less than 2.5 metres wide; 8.6. placed so as to: 8.6.1 obstruct a vehicle door when opened, provided that the vehicle is parked lawfully on the road; or 8.6.2 otherwise interfere with the reasonable movement of persons or vehicles using the footpath or road in the vicinity of where the moveable sign is placed; 3
City of Onkaparinga Moveable Signs By-law 2016 8. 7. placed closer than 0.4 metres to the kerb (or, if there is no kerb, to the edge of the carriageway of a road or the shoulder of the road, whichever is the greater); 8.8. placed on a landscaped area, other than landscaping that comprises only lawn; 8.9. placed within 3 metres of an intersection of two or more roads; 8.10. placed on a designated parking area or within 1 metre of an entrance to premises; 8.11. placed in such a position or in such circumstances that the safety of a user of the road is at risk; 8.12. displayed during the hours of darkness unless it is clearly visible; or 8.13. placed on a median strip, traffic island, roundabout or any other traffic control device on a road. 9. Banners A person must not erect or display a banner on a building or structure on a road without the Council's permission. 10. Restrictions 10.1. The owner or operator of a business must not, without the Council's permission, cause or allow more than one moveable sign, or any other number of moveable signs otherwise resolved by the Council, for each business premises to be displayed on the footpath area of a road at any time. 10.2. A person must not, without the Council's permission, display a moveable sign on or attached to or adjacent to a vehicle that is parked on Local Government land or a road primarily for the purpose of advertising or offering for sale a product (including the vehicle) or business to which the sign relates. 10.3. A person must not cause or allow a moveable sign to be placed on a footpath area unless: 10.3.1 it only displays material which advertises a business being conducted on premises adjacent to the moveable sign or the goods and services available from that business; and 10.3.2 the business premises to which it relates is open to the public. 10.4. If in the opinion of the Council a footpath area is unsafe for a moveable sign to be displayed, the Council may prohibit or restrict the display of a moveable sign on such conditions as the Council thinks fit. 11. Exemptions 11.1. Subclauses 10.1, and 10.3 of this By-law do not apply to a moveable sign which: 11.1.1 advertises a garage sale taking place from residential premises; or 4
City of Onkaparinga Moveable Signs By-law 2016 11.1.2 is a directional sign to an event run by a community organisation or charitable body. 11.2. Subclauses 10.1 and 10.3.1 of this By-law do not apply to a flat sign which only contains a newspaper headline and the name of a newspaper or magazine. 11.3. A requirement of this By-law will not apply where the Council has granted permission for the moveable sign to be displayed contrary to that requirement. This By-law does not apply to moveable signs placed and maintained on a road in accordance with section 226(3) of the Act, which includes any sign: placed there pursuant to an authorisation under another Act; designed to direct people to the open inspection of any land or building that is available for purchase or lease; related to a State or Commonwealth election and is displayed during the period commencing on the issue of the writ or writs for the election and ending at the close of polls on polling day; related to an election held under this Act or the Local Government (Elections) Act 1999 and is displayed during the period commencing 4 weeks immediately before the date that has been set (either by or under either Act) for polling day and ending at the close of voting on polling day; or the sign is of a prescribed class. PART3-ENFORCEMENT 12. Removal of moveable signs 12.1. A person must immediately comply with the order of an Authorised Person to remove a moveable sign made pursuant to section 227(1) of the Act. Note- Note- Pursuant to section 227(1) of the Act, an Authorised Person may order the owner of a moveable sign to remove the sign from the road if: the design, construction or positioning of a Moveable Sign does not comply with a requirement of this By-law; or any other requirement of this By-law is not complied with; or the Moveable Sign unreasonably restricts the use of the Road, or endangers the safety of other persons. Section 227(2) of the Act provides that if the Authorised person cannot find the owner, or the owner fail to comply immediately with the order, the authorised person may remove and dispose of the sign. 12.2. The owner of or other person entitled to recover a moveable sign removed by an Authorised Person pursuant to section 227(2) of the Act, may be required to pay to the Council any reasonable costs incurred by the Council in removing, storing, and/or disposing of the moveable sign before being entitled to recover the moveable sign. 12.3. The owner, or other person responsible for a moveable sign must remove or relocate the moveable sign at the request of an authorised person: 12.3.1 if, in the opinion of an authorised person, and not withstanding compliance with this By-law, there is any hazard or obstruction or there is likely to be a hazard or obstruction arising out of the location of the moveable sign; or 5
City of Onkaparinga Moveable Signs By-law 2016 12.3.2 for the purpose of special events, parades, roadworks or in any other circumstances which, in the opinion of the authorised person, require relocation or removal of the moveable sign to protect public safety or to protect or enhance the amenity of a particular locality. 13. Liability of vehicle owners 13.1. For the purposes of this clause 13, owner in relation to a vehicle has the same meaning as contained in section 4 of the Act. 13.2. The owner and the driver of a vehicle driven, parked or standing in contravention of this by-law are each guilty of an offence and liable to the penalty as prescribed for that offence. This By-law was duly made and passed at a meeting of the Council of the City of Onkaparinga held on 14 June 2016 by an absolute majority of the members for the time being constituting the Council, there being at least two thirds of the members present. Mark Dowd Chief Executive Office 6
SECTION 249 LOCAL GOVERNMENT ACT 1999 CERTIFICATE OF VALIDITY I, CIMON ANGELA BURKE of Level 6, 19 Gilles Street, Adelaide in the State of South Australia, being a legal practitioner within the meaning of the Legal Practitioners Act 1981, declare that I have examined the following by-law: City of Onkaparinga By-law No 2 - Moveable Signs By-Law 2016 A By-law to set standards for moveable signs on roads and to provide conditions for the placement of such signs; and do certify that in my opinion: City of Onkaparinga has the power to make the by-law by virtue of the following statutory provisions: Local Government Act 1999: sections 226, 239(1 )(a), 246(1 ), 246(2), 246(3)(a), 246(3)( c), 246(3)(f) and 246(3)(h)(iii); and the by-law is not in conflict with the Local Government Act 1999. DATED the 2 day of June 2016... t1...... GJ..... Cimon Burke, Legal Practitioner
City of Onkaparinga Minutes of the Council meeting held on 18 October 2016 Real Property Act 1886 (attachment 3 to the agenda report). Seconded by Cr Deakin. CARRIED 9.6 By-law Resolutions MOVED Cr Kilby. 1. That pursuant to By-law 2 of 2016 Moveable Signs, clauses 7.1 and 10.1, effective from 28 November 2016: a. the number of A and T Frame moveable signs allowed per business be no greater than three, to be displayed in accordance with the guidelines for A and T Frame signs, as attached to the agenda. b. vertical banner moveable signs be displayed in accordance with the guidelines for vertical banner signs, as attached to the agenda. 2. That pursuant to By-law 4 of 2016 Local Government Land, clause 9.4.2, effective from 28 November 2016, horse access be permitted on: a. the Council reserves that comprise parts of the City of Onkaparinga s horse trail network. b. the Council land leased to the following organisations: Kangarilla Pony Club, Kangarilla Rd Kangarilla Southern Hills Pony Club, Station Rd Willunga Morphett Vale Riding Club, Wheatsheaf Rd Morphett Vale McLaren Flat Riding Club, Main Road McLaren Flat SA Horse Trials, Pine Road Woodcroft Riding for the Disabled, Pine Road Woodcroft Aldinga Riding Club (GSWRC), Port Road Aldinga Sophia Nicolis, horse recreation use on portion of Oakridge Road reserve, Aberfoyle Park. 3. That pursuant to By-law 4 of 2016 Local Government Land, clause 9.10.2 (b) effective from 28 November 2016, the signed area at Clarendon Oval be designated as an area for 24 hour camping. 4. That pursuant to By-law 6 of 2016 Foreshore, clause 8.2.1, effective from 28 November 2016, horse access be permitted to the following areas: a. The foreshore at Maslin Beach, Port Willunga, Aldinga Beach, Silver Sands, and Sellicks Beach subject to the following conditions: Horses are permitted 24 hour access during the winter months (May to September inclusive), and access between the hours of midnight and 9 am during the summer months (October to April inclusive). Horses are not permitted within 10 metres of dunes or vegetated areas or pebble banks. Horses are to be ridden in a manner which does not endanger the safety of any person in the area or unduly interfere with the peace, 11 Date Printed: 20 October 2016
Guidelines for A and T frame Moveable Signs These guidelines are prepared as a reference for the placement of A and T frame moveable signs within the City of Onkaparinga. For a full outline of controls and procedures in relation to moveable signs, please refer to Section 226 of the Local Government Act 1999 and Council s By-law No 2 - Moveable Signs. A and T frame signs Construction An A or T frame moveable sign displayed on a public street or road shall: 1. Be of a kind known as an A-frame or Sandwich Board sign, an inverted T sign, or a flat sign. 2. Be of strong construction so as to be stable when in position and to be able to keep its position in adverse weather conditions, with no sharp or jagged edges or corners. 3. Be maintained in good condition so as not to present a hazard to any member of the public. 4. Not contain flashing parts. 5. Be constructed of timber, metal, plastic or plastic coated cardboard, or a mixture of such materials. 6. Not exceed 900mm in perpendicular height, or have a base with any side exceeding 600mm in length. 7. Not have a display area exceeding one square metre in total or, if the sign is two-sided, one square metre on each side. 8. In the case of an A-frame or Sandwich Board sign: a. be hinged or joined at the top b. be of such construction that it s sides shall be securely fixed or locked in position when erected. 9. In the case of an inverted T sign, contain no struts or supports that run between the display area and the base of the sign. Placement Businesses located within the Council s area are permitted by this document to place up to three moveable signs on footpath areas. 10. Signs may be placed by a business in the following locations: a. One sign may be placed adjacent to the premises of the business to which the sign relates. b. One sign may be placed in a location not immediately adjacent to the premises, provided that it is placed on the same street or road as the premises of the business, and no further than the intersection with that street or road with the nearest major road. c. Where the nearest intersection to the street or road upon which the premises of a business is located is not an intersection with a major road, one sign may be placed at the nearest intersection between a street or road which adjoins the road upon which the premises of the business are located, and the nearest major road. 18 October 2016 1
11. Moveable signs placed in any of the locations as defined in clause 1 of this section by businesses must be positioned within the footpath area of the relevant street or road. 12. Moveable signs must not be placed on a sealed part of any footpath area, unless the sealed part is wide enough to contain the sign and still leave a clear thoroughfare of sealed area of footpath of at least 1.2 metres wide. 13. Where there is no kerb to define the footpath, a set-back of 400 mm from the edge of the carriageway is required. 14. Signs must not be placed within three metres of the intersection of a street or road with another street or road. Please see next page for graphical placement guidelines for A and T frames. Restrictions The signs shall: 1. Only display material which advertises the business or the products available from the business to which the sign relates being conducted on commercial premises. 2. Not be in a position that places the safety of any user of the street or road at risk. 3. Not be displayed during the hours of darkness unless it is clearly visible. 4. Not be displayed on a median strip, traffic island or on a carriage way of a street or road. 5. Only be displayed when the business is open. 6. Not hinder pedestrian access along the street verge. 7. Not be placed at any point that is considered, in the opinion of a Council officer, to be a hazard. Please note that it is the responsibility of the owner of the sign to ensure that the placement of signs is in accordance with the guidelines. Unauthorised Signs Movable signs displayed contrary to these guidelines will be requested to be removed. Expiation and removal fees may apply to signs that do not comply with these guidelines. Expiation Fee - $100.00 per sign Removal Fee - $46.50 per sign For clarification or further information please contact our Development Compliance section on 8384 0666. NB: All other types and placement requirements will require a permit from the City of Onkaparinga (excluding approved vertical banner style signs click here for Guidelines) 18 October 2016 2
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Guidelines for Vertical Banner Moveable Signs These guidelines are prepared as a reference for the placement of moveable signs within the City of Onkaparinga. For a full outline of controls and procedures in relation to moveable signs, please refer to Section 226 of the Local Government Act 1999 and Council s By-law No 2 - Moveable Signs. Vertical Banner Signs - Encompassing Feather, Teardrop, Blade Wing types Construction A vertical banner sign displayed on a public street or road shall: 1. Be of a kind known as a feather, teardrop or blade wing sign. 2. Be of strong construction so as to be stable when in position and to be able to keep its position in adverse weather conditions, with no sharp or jagged edges or corners. 3. Be maintained in good condition so as not to present a hazard to any member of the public. 4. Not contain flashing parts. 5. Be a fabric sign with single mast 6. Have a solid or filled base 10-25kg 7. Banner mast must be constructed of carbon fibre or similar flexible material, which is to be attached to a weighted base, so that the can be displayed without toppling over. 8. On an open verge - maximum flag size of 2.76m x 1m with a total height including stand of 3.5m. 9. On a footpath - maximum flag size of 2m x 1m with a total height including stand of 2.5m. 10. No more than 60cm wide below 2m high. Placement Businesses located within the Council s area are permitted by this document to place vertical banners on footpath areas. The banners must be: 11. Placed so as not to contact any structure tree or object 12. No more than one vertical banner per 4 metres of frontage, and excludes the use of an A frame or T frame sign 13. To be placed only on the immediate street frontage of the business 14. Moveable signs placed in any of the locations as defined in clause 1 of this section by businesses must be positioned within the footpath area of the relevant street or road 15. Moveable signs must not be placed on a sealed part of any footpath area, unless the sealed part is wide enough to contain the sign and still leave a clear thoroughfare of sealed area of footpath of at least 1.2 metres wide 16. Where there is no kerb to define the footpath, a set-back of 400 mm from the edge of the carriageway is required 17. Signs must not be placed within three metres of the intersection of a street or road with another street or road. 18 October 2016 1
Permit required for this device Restrictions The signs shall: 1. Only display material which advertises the business or the products available from the business to which the sign relates being conducted on commercial premises. 2. Not be in a position that places the safety of any user of the street or road at risk. 3. Not be displayed during the hours of darkness unless it is clearly visible. 4. Not be displayed on a median strip, traffic island or on a carriage way of a street or road. 5. Only be displayed when the business is open. 6. Not hinder pedestrian access along the street verge. 7. Not be placed at any point that is considered, in the opinion of a Council officer, to be a hazard. Please note that it is the responsibility of the owner of the sign to ensure that the placement of signs is in accordance with the guidelines. Unauthorised Signs Movable signs displayed contrary to these guidelines will be requested to be removed. Expiation and removal fees may apply to signs that do not comply with these guidelines. Expiation Fee - $100.00 per sign Removal Fee - $46.50 per sign For clarification or further information please contact our Development Compliance section on 8384 0666. NB: All other types and placement requirements will require a permit from the City of Onkaparinga (excluding A and T frame signs click here for Guidelines) 18 October 2016 2