Public Places

Scope

This chapter of the Bylaw regulates a diverse range of activities. It seeks to maintain standards of public health and safety, protect the public from nuisances, minimise the potential for offensive behaviour and to manage land associated with or under the control of the Council for the well-being and enjoyment of the public in Public Places.

This chapter of the Bylaw applies to state highways in the following circumstances:

• a section of state highway with a posted speed limit of 50km/hr or less or,
• a section of state highway with a posted speed limit greater than 50km/hr but which it is specifically stated in the Bylaw that the Bylaw applies.

201 Obstructing footpaths or cycle tracks

201.1 No Person shall carry or convey any article to the danger or obstruction of Persons using any Footpath or cycle track, or ride, or drive or lead any Stock, or drive any Motor Vehicle or motor cycle along any such Footpath or cycle track.

202 Packing or unpacking articles

202.1 No Person shall without the prior consent of Council pack or unpack any articles upon any Public Place causing an obstruction to the public.

203 Placing of articles on Public Places

203.1 No Person shall (except as provided in this or any other chapter of the Bylaw) leave standing or lying upon any Public Place any structure, appliance, machine, Vehicle, or other similar thing, or any packing case, crate, package, or any other encumbrance whatsoever so as to constitute an obstruction thereon or danger to any Person.

204 Drippings from eaves

204.1 No Person shall allow surplus water to fall from any building upon any Public Place.

205 Disturbing surface of street

205.1 No Person shall open, or disturb or remove, the surface of any Public Place, or make any opening from or to the surface of any Public Place without first having obtained the permission of Council. In granting any Consent Council may impose conditions including conditions which require the applicant to seek the approval of any supply authority or the appropriate Road controlling authority.

205.2 Nothing in this chapter of the Bylaw shall prohibit the relevant Road controlling authorities from disturbing the road while carrying out their legislative functions.

206 Precautions against injury

206.1 No Person shall omit when opening up any surface in a Public Place to take all such precautions for guarding against injury to the passers along such street users of the Public Place as may be necessary or as may be directed by Council.

Any opening of the surface in a Public Place shall be in accordance with the Council’s adopted Code of Practice for temporary traffic management.

206.2 No Person shall cause or allow any building or any fence adjacent to any Public Place to be or to remain in such condition as to present a danger to the public.

207 Securing foundations

207.1 No Person shall omit or neglect to secure and maintain the foundations of any building or any wall or fence, or cause or permit any encroachment by any building, wall, or fence abutting on any Public Place in such a manner that any Public Place is or may be damaged or obstructed.

This clause shall not apply if a licence to occupy or another Council approval has been obtained.

208 Exposing articles for sale

208.1 No Person shall expose for sale any article whatsoever on any Public Place including a Footpath, outside of any shop, shop window, or doorway abutting on any Public Place, so as to encroach on or over that Public Place, without the prior permission of Council, and then only in accordance with such conditions as Council may think fit to impose. Refer to First Schedule of this chapter of the Bylaw.

209 Leaving dead animals or depositing offensive matter

209.1 No Person shall:

(a) Throw or leave any dead Animal or part thereof, or Animal remains, or offensive matter of any kind, upon any Public Place, or into any river, creek, stream, or other water, or on the bank thereof; or

(b) Fail to dispose of in a proper manner the body or part of the body of any Animal belonging to him/her, or in their charge or keeping, may have been killed or died whilst straying, or while being driven on any Public Place.

210 Acts or games to annoyance of persons

210.1 No Person shall propel, push, pull or ride any trolley or other similar contrivance, fly a kite, use any projectile, cast, throw or project any stone or other missile, by hand, or play any game on any Public Place, which causes damage, annoyance, danger, inconvenience, or obstruction of any Person or property.

211 Buskers, preaching, collections and appeals

211.1 No Person shall on any road or other Public Place:

Sing or play any musical instrument, preach, read aloud, lecture, exhibit any object or thing, solicit any subscription, collection or donation without the consent of Council, or in accordance with a Council policy, and then only subject to such condition in every respect as Council may impose. Refer to Second Schedule of this chapter of the Bylaw.

212 Creation of noise nuisance

212.1 No Person shall play or permit the playing of any musical instrument, or operate or permit the operation of any loud speaker, megaphone, radio or television set, bell or other similar device:

(a) In any Public Place where such playing makes or causes to be made noise which is likely to cause annoyance or nuisance to Persons in a Public Place or residing in the vicinity thereof; or

(b) In or upon any land or buildings where such playing or operation makes or causes to be made, noise which is likely to cause annoyance or nuisance to Persons in the vicinity of that land or those buildings.

213 Placards on buildings, posts and pavements and markings on footpaths

213.1 No Person shall:

(a) Place any poster, or other document on, or write, or otherwise disfigure or deface, any building or any wall, fence, statue, lamp post, veranda post, gate, utility post, or any waiting-shed, convenience, rubbish receptacle, fire hydrant notice plate, or upon anything whatsoever erected in or constructed or standing on or abutting any Public Place, excepting where pillars have been erected specifically for the display of posters or advertising;

(b) Stamp, stain, paint, write, print, or post any advertisement or notice upon any Public Place including Roads, Footpaths, Kerbing or steps, except with the prior written authority of Council and then only in conformity with the terms of any permit that may be granted; or

(c) Upon or over any Public Place including a Footpath, Road or private street erect, display or carry any placard, board, flag, screen, or frame by way of advertisement, unless permission in writing shall have been obtained from Council. Provided that Council may by resolution from time to time specify conditions with regard to the control of such advertising signs. Refer to Third Schedule of this chapter of the Bylaw.

213.2 Where any building, wall, fence, statue, lamp post, veranda post, gate, utility post, or any waiting-shed, convenience, rubbish receptacle, fire hydrant notice plate, or anything whatsoever erected in or constructed or standing on or abutting any Public Place has been defaced by a poster or other document the Council Reserves the right to remove or cancel the material and seek recovery of costs associated with that removal.

213.3 Where a sign is in the opinion of Council dangerous or creating hazardous conditions for traffic or pedestrians notice may be given requiring the sign to be removed. If the Person on whom such notice has been served fails to comply with the terms of the notice within the time stated therein they will commit an offence under this chapter of the Bylaw. Council may remove any illegal or dangerous sign. In exercising powers under clause 213 of this Bylaw Council shall have right of entry onto land or buildings described in clause 105.3 of this Bylaw.

214 Blasting without authority

214.1 No Person shall blast any rock, stone, earth, timber, or other such material in, on or near any Public Place, without having first obtained permission of Council and to comply with any conditions imposed by Council and any other control authority and then only in accordance with such conditions as may be imposed.

215 Fireworks

215.1 No Person shall set off any fireworks or explosive material in or on any Public Place, Park or Reserve without the permission of Council, or so near to any such Public Place as to endanger, annoy or frighten passers-by along such Public Place.

216 Damage to property of local authority

216.1 No Person shall without the written approval of Council:

(a) Wilfully damage or destroy, or allow any act tending to damage or destroy any Vegetation or structure belonging to Council;

(b) Wilfully damage or break any street lamp, or lamp post, remove or interfere with any warning lights, signs, or barricades placed to warn the public of danger.

217 Generally obstructing

217.1 No Person shall obstruct a Public Place in any manner not previously described.

218 Congregating so as to cause inconvenience/obstruction

218.1 No Person shall undertake any activity or conduct any business on any Public Place or on land adjacent thereto, that causes Persons to collect or congregate on any Public Place so as to impede or cause an obstruction to Persons passing.

219 Processions and public meetings

219.1 No Person shall, except with the prior written authority of Council and then only in conformity with the terms of any permit that may be granted:

(a) Organise, hold, or conduct or attempt to hold or conduct any procession, or any public meeting, gathering or demonstration, or make any public address or attempt to collect a crowd in, along or upon any Public Place or on land adjacent thereto where that crowd may encroach onto any Public Place; or

(b) Take part in any unauthorised meeting or assembly or congregate or so conduct himself/herself on any Public Place as to in any way impede traffic or cause an obstruction, inconvenience any Person passing thereon, or take part in any unauthorised procession in, along or upon any Public Place.

220 Litter receptacles

220.1 No Person shall make use of any public litter receptacle for the purpose of depositing therein any offensive matter or any household or trade refuse of any description.

221 Awnings and blinds

221.1 No Person shall erect or maintain, or cause to be erected or maintained, any awning over any Public Place, or hang any awning or blind on any Public Place unless the permission of Council has first been obtained and then subject to such conditions as may be imposed. Any such permission may be revoked at any time by Council.

222 Doors, gates, to swing inwards

222.1 No Person shall hang, permit, or allow to be hung any door or gate abutting any Public Place so as to render it capable of being swung over or across such Public Place unless such encroachment has been authorised by Council.

223 Encroachment to be removed upon notice

223.1 If any building or other structure or any part thereof has been erected, constructed or placed upon, under, over or across any Public Place, Council may by notice require the Owner of such building or structure to remove the same or such part thereof as has been so erected, constructed or placed.

223.2 Any such notice may require such precautions to be taken as Council considers fit for the safety of the public and for the proper securing of such building or structure as is to remain after such removal.

224 Projections on public places not permitted

224.1 No Person shall put any projecting window, balcony, wall, lamp, door step, cellar door, lamp post, signboard, window shutter, gatepost, or other obstruction or projection of any kind whatsoever in such a position as to interfere with or obstruct in any way the free passage of traffic upon any Public Place.

224.2 If any such projection or obstruction as aforesaid has been placed against or in front of any building before the coming into operation of this Bylaw and which is contrary to any Bylaw in force Council may give notice to the Owner or Occupier of such building to remove, or to alter such projection or obstruction, and such Owner or Occupier shall, within the time stated in such notice, remove, or alter such projection or obstruction.

225 Lighting of obstructions and holes and stacking of materials

225.1 If any Person places or leaves, on any Public Place any building material rubbish, or any other thing whatsoever likely to cause any obstruction or danger to any Person or Vehicle upon such Public Place such Person shall cause to be fixed and maintained from sunset in any day to sunrise in the next day in such positions as may be necessary sufficient lighted lamps of a type that is in accordance with the relevant Code of Practice for temporary traffic management and approved by Council to adequately indicate the existence of the obstruction.

225.2 If any Person makes or digs, in any Public Place any hole or excavation, such Person shall cause to be fixed from sunset in any day to sunrise in the next day sufficient lighting that is in accordance with the relevant Code of Practice for temporary traffic management to adequately indicate the existence of such hole or excavation.

225.3 No Person shall permit any building material or other thing as mentioned in clause 225.1 of this Bylaw or any hole or excavation placed, left, made or dug on or in any Public Place (whether with or without the authority of Council) to remain for a longer period than is reasonably necessary. The Council shall solely determine what period is considered reasonable.

226 Restrictions on use of barbed wire and electric fences

226.1 No Person shall erect or permit to be erected any electrified fencing or barbed wire along, or within 1 metre of, any boundary line between any land or building on the one side, and any Public Place on the other side. Further restrictions applying specifically to roads are contained in clauses 1126 and 1127 of this Bylaw. Council may in special circumstances grant a dispensation from this clause where the location, design or construction of the fence is such as to effectively remove any danger to a passing pedestrian.

226.2 No Person shall renew or repair or join, in whole or in part, any existing or future fence, along, or within 1 metre of, any such boundary line as aforesaid, with barbed wire, or electrified wire.

226.3 Every Person who executes any work or thing contrary to any of the foregoing provisions of this clause and who, after service upon them of a notice in writing from Council, fails to pull down and remove or modify within the time stated in such notice, or carry out such work as aforesaid, shall be guilty of an offence against this chapter of the Bylaw.

226.4 These sub clauses shall not apply within any area zoned “rural” under the District Plan prepared by Council, except when the fence abuts or adjoins a Footpath. Provided that Council may from time to time by resolution specify conditions that will apply to temporary electric fences.

227 Repair of structures adjoining public places

227.1 Where any fence, gate, building or other structure abutting on a Public Place is so out of repair as to be in the opinion of Council dangerous to Persons passing, Council may by notice in writing require the Owner or Occupier to repair or remove such danger.

227.2 The Owner or Occupier of any land upon whom such notice is served shall comply with the same within the time stated in such notice.

228 Crossings

228.1 No Person shall drive, ride, propel, or wheel any Vehicle across any Footpath or water channel in any Public Place otherwise than upon a crossing properly constructed under the provisions of this chapter of the Bylaw.

228.2 Except with the permission of Council no Person shall after the coming into force of this chapter of the Bylaw construct any crossing across any Footpath or water channel or repair, reconstruct, renew, or do any work whatsoever in connection with any existing crossing.

228.3 No Person shall construct, repair, reconstruct, renew or extend any such crossing unless they obtain the prior permission in writing of Council. Council may charge an appropriate fee and impose conditions.

228.4 If in the opinion of Council any crossing is in a bad or unsafe state of repair, Council may forthwith remove such crossing and may by notice in writing require the Owner or Occupier of any Premises to which such crossing provides access to pay such sum of money as shall be necessary in the opinion of Council to repair, reconstruct, or renew such crossing, and every such Owner or Occupier who fails to comply with any such notice within the period therein specified shall be guilty of an offence against this chapter of the Bylaw.

229 Naming of streets

229.1 No Person shall give any name to or affix, set up, or paint any name on any street, private street, or Public Place.

230 Numbering of premises

230.1 The Owner or Occupier of every building shall mark such building (subject to clause 230.4 hereof) with such numbers, being in no case less than 50 millimetres in height, as Council shall direct or approve, and shall renew the numbers of such building as often as they are obliterated or defaced.

Kerb numbering in an approved form will be an acceptable alternative.

230.2 If the Owner or Occupier of any building neglects for one month after notice from Council to mark such building with such number as Council may direct or approve, or to renew the number thereof as aforesaid, they shall commit an offence against this chapter of the Bylaw.

230.3 Council shall have power at any time to alter the number of any building where it may be in Council's opinion necessary or advisable to do so.

230.4 Every such number shall be placed upon any building in such a position as to render the same readily visible from any street fronted by such building; or, if no such position is available, shall be placed upon a post, fence, or gate near or adjacent to, and readily visible from, such street.

231 Defacing names and numbers

231.1 Every Person shall commit an offence against this chapter of the Bylaw who wilfully destroys, or defaces the name of any street, or the number of any building, or paints, affixes, or sets up any name of any street, or any number to any building, contrary to the provisions of this chapter of the Bylaw.

232 Animals wandering

232.1 Every Person being the Owner or having the care, custody, or control of any Animal shall keep and prevent the same from wandering or being at large without proper guidance on any Public Place.

232.2 No Person shall allow any Animal to loiter in any Public Place and every Person having the control of any Animal whilst the same are being driven on any Public Place shall continuously drive them towards a definite destination without deviation from the most direct route, or the route directed by Council and at reasonable speed.

233 Gin traps

233.1 No Person shall without the prior permission of Council set, lay or fix any gin trap or spring jawed Animal trap in any place except those zoned rural in the District Plan.

234 Overhanging vegetation – liable to obstruct

234.1 No person shall permit or allow vegetation to encroach on to or over any public place so as to obstruct or interfere with the free movement of persons using that public place. Provided that Council will from time to time prepare a policy as regards allowable overhanging vegetation. Refer to the Fourth Schedule of this chapter of the Bylaw.

235 Shingle and debris on public places

235.1 No Person shall permit, allow or cause any shingle, earth, building rubble, or any other material to spill onto so as to cause a nuisance or danger or remain on any Public Place.

236 Horses and other animals fouling public areas

236.1 No Person being the Owner of horses and other animals, or having control of any horse or other animal, shall, in an urban area permit that horse to foul any Public Place with droppings. Provided that no offence shall be deemed to have been committed against this chapter of the Bylaw where the Owner or Person having control of the horse or other animal removes the droppings as soon as practicable.

237 Miscellaneous offences

237.1 Any Person shall commit of an offence against this part of this chapter of the Bylaw who:

(a) Repairs or dismantles any motor Vehicle on any Public Place, except in case of the occurrence of an accident or breakdown when repair on the spot is necessary;

(b) Shall, by ill-usage or negligence in driving any Animal along or over any Public Place, permit any injury or damage to be done by such Animal;

(c) Shall drive, ride, or propel any Vehicle or bicycle along any Footpath on any Public Place provided that Persons on bicycles taking due care may be permitted to use a Footpath for delivery purposes of newspapers, mail or printed material and further this clause shall not apply to Persons using motorised mobility aid devices for bona fide reasons, on to public Footpaths intended for dual use by pedestrians and cyclists;

(d) Shall permit, any Vehicle or Animal to be led, ridden, or driven upon, across, or along any grass plot or flower bed laid out on any Public Place under the authority of Council.