Explanatory note: This part of the Bylaw is intended to control a diverse range of activities to ensure that acceptable standards of convenience, safety, visual amenity and civic values are maintained in all public places, including roads, reserves and beaches. It deals with damage to facilities on public places, and activities within public places, which may affect other users of those facilities.
2.1 Definitions
These definitions apply specifically to this part of the Bylaw in addition to the general definitions in Part 1: General Provisions:
Beach - The area covered and uncovered by the ebb and flow of the tide and any adjacent area which can be considered part of the beach environment, including any area of sand, pebbles, shingle, dunes or coastal vegetation that is vested in us or under our control.
Fence - A fence, hedge, wall, retaining wall or seawall, whether or not continuous or extending along the whole boundary separating adjoining premises, including all gates, culverts, channels, ditches and natural or artificial waterways that serve to separate adjoining premises.
Mind altering substance - A substance, whether synthetic or naturally occurring, which may alter consciousness, mood or emotions, or which might intoxicate or induce particular sensations. It includes a substance used for what is commonly known as glue sniffing or substance abuse, but does not include:
(a) Medically prescribed substances ingested by the person for whom they are prescribed.
(b) Substances purchased from a pharmacy without medical prescription.
(c) Nicotine;
(d) Alcohol as defined in the Sale of Liquor Act 1989.
Material or thing - Any material or thing of whatever kind, including jumbo bins and other containers for waste material, but excluding vehicles.
Park/parking - The same meanings as in the Traffic Regulations 1976.
Public place - Every road, footpath, court, alley, pedestrian mall, lane, accessway, reserve, park, sportsfield, recreation ground, domain, beach, river, lake, foreshore and building which is open to or used by the public as of right, and every place which the public has access to.
Reserve - Includes a recreation ground, open space, park, garden or ground used for public recreation or enjoyment, under the control of the Council, whether or not it is held under the Reserves Act 1977.
Vehicle - The same meaning as in the Land Transport Act 1998.
2.2 Public safety and obstructions
2.2.1 Public safety
In any public place you must not, without first getting our written permission:
Hazardous materials (a) Leave or place any material, substance or thing likely to be hazardous or injurious.
Excavations (b) Leave any work, hole or excavation in a manner that could be a danger to anyone entering or using the public place.
Structures (c) Erect or have on your property a wall, fence or structure that is within 1 metre of a public place in a manner that could cause injury to persons in the public place.
Fireworks (d) Set off any fireworks or explosive material in a dangerous manner or in a manner that gives rise to a nuisance. Council may by resolution ban fireworks from specified public places.
Vehicles (e) Use any vehicle in a reckless manner so that it damages any part of a public place.
2.2.2 Obstructions
In any public place you must not, without first getting our written permission:
(a) Place, leave, put up, keep or carry any material, structure or thing (including a sign) which could obstruct the public right of passage.
(b) Allow any gate, door, window or other thing to swing over or across a public place.
(c) Put up or have a part of a building or fence so as to obstruct the public right of passage or access to emergency services.
(d) Repair or work on a motor vehicle, trailer or vessel in a public place except in the case of an accident or emergency when the repair or work is necessary to allow the vehicle to be removed.
(e) Allow cattle, pigs, sheep or horses to be in a public place, except that you may ride or lead a horse under proper control on a road without our written permission.
(f) Obstruct openings, entrances, gateways, exits or access ramps to public facilities.
2.2.3 Nothing in clause 2.2.2 applies to:
(a) Putting out refuse in compliance with Part 4: Solid Waste Management & Minimisation of North Shore City Bylaw 2000.
(b) Driving or parking a vehicle in compliance with Part 6: Traffic Control Bylaw;
(c) Putting up a sign in compliance with Part 12: Control of Temporary Signs Bylaw.
2.2.4 Dealing with obstructions
If you put, have, or leave anything in a public place contrary to clauses 2.2.1 or 2.2.2, we may:
(a) Give you written notice requiring you to remove it from the public place or make it safe within a particular time.
(b) In the case of anything associated with any adjoining land, give notice to the owner or occupier of that land requiring that person to remove it and place it on that land or dispose of it within a particular time.
(c) Remove it, place it on the adjoining land or make it safe ourselves without notice if we consider it necessary to do so in order to prevent injury to persons or damage to property.
2.3 Nuisance in public places
2.3.1 You must not in any public place:
Objects (a) Use any vehicle or thing including a motorised scooter, bicycle, skateboard, roller blades or similar device recklessly or in a manner, which may intimidate or be dangerous or injurious or cause a nuisance to, persons in the public place.
Offensive material (b) Exhibit or distribute any offensive or indecent matter, as determined by us.
Things (c) Use any thing or act in any way, which may intimidate, endanger, injure, damage, create a public nuisance or obstruct another person.
Mind altering substances (d) Consume, inject or inhale any mind-altering substance or offer or sell such a substance to any person.
Liquor in parking places (e) Consume or offer to any person any intoxicating liquor within a public parking place for cars.
Outdoor fires (f) Light a fire except at a fireplace specially provided, or in an appliance designed for outdoor cooking, subject to any restriction imposed by the Council on the lighting of fires.
Camping (g) Sleep overnight or camp in an area of public land not set aside for that purpose unless permitted by us. In this context, camping shall include the use of any vehicle, whether or not it is specially fitted out for sleeping.
Animal remains (h) Slaughter or leave a dead animal or animal remains.
Loose material (i) Allow loose metal, gravel or other material to leave your property where it is likely to:
- open or block a drain, sewer or watercourse;
- cause a nuisance on public or private property;
- create a safety hazard in a public place;
Temporary accommodation (j) Use any structure or vehicle as temporary living accommodation.
2.3.2 You must not do any of the following in a public place without first getting our written permission:
Perform or lecture (a) Create a public nuisance by performing, preaching or lecturing, having being asked to stop by an authorised officer;
Sound devices (b) Use a loudspeaker or similar device, having being asked to stop by an authorised officer.
2.3.3 Nothing in this part of the Bylaw prevents:
(a) The reasonable use of sound amplifying equipment by a candidate or an authorised person on behalf of the candidate for the purpose of campaigning for and within eight weeks of a general or local authority election or by-election.
(b) The sounding of any emergency device.
2.4 Damage or interference to public places
Unless you have our prior written permission to carry out specific works you must not:
Surfaces (a) Damage the surface of any road berm, public place or any natural feature in, on, under or over it.
Vegetation (b) Damage, destroy or remove any tree, shrub, plant, grass, flower or vegetation in a public place.
Structures (c) Damage, destroy, deface or interfere with any building, facility, statue, ornament, sign or other structure in a public place.
Facilities, equipment (d) Pollute, damage, deface, or interfere with any watercourse, facilities or equipment in a public place.
Graffiti (e) Deface any building, structure, road or footpath on or in a public place by spraying, painting, etching, drawing or marking in the nature of graffiti or with an indecent or obscene representation, figure or word.
Removal of material (f) Remove any sand, soil or other naturally occurring material found in a public place.
Deposit of material (g) Deposit any rock, shingle, sand earth, building materials, skips or other material in a public place.
Posters (h) Place or fix any poster or advertising device on any structure, building or facility in a public place.
2.5 Use of reserves and beaches
2.5.1 When you use a reserve or beach you must not:
(a) Act in a manner, which creates a public nuisance by disturbing the enjoyment or use of that place by other persons.
(b) Expose your pubic area to the view of any other person if you are 12 years of age or older.
(c) Break or leave any material in a reserve or on a beach which is likely to cause a nuisance or danger to other people.
(d) Damage, destroy or remove any vegetation, sand, soil, other naturally occurring material, structure or sign, unless specific permission has been given by us.
(e) Loiter in or around any public toilets or changing sheds.
(f) Trap, injure, kill, interfere with or take any animal, bird's nest or bird's egg, without our written permission.
(g) Light a fire except in a place provided by us for that purpose or in an appliance designed for outdoor cooking.
(h) Put up or erect a stall, booth, swing or other semi permanent or permanent structure without our written permission.
(i) Use children's playground apparatus where we have set an age limit for that equipment and you are over that age.
(j) Operate a remote controlled model aircraft or a miniaturised remote controlled device in an area that is not set aside or approved for that specific activity.
(k) Take, use or carry a firearm, weapon or projectile without authorisation. We can confiscate any illegal firearm, weapon or projectile, which you bring onto a reserve or beach.
(l) Ride stock except in any area identified for that purpose.
(m) Drive vehicles without our permission except where we have formed a road or track for that purpose.
(n) Use any part of the reserve or beach for the purposes of aircraft or airborne operations except in the case of an emergency or with our written permission.
(o) Play or practice golf on a beach or reserve that is not part of a golf course or has not been set aside for that purpose.
(p) Leave or park a boat, trailer or other personal equipment on a beach or a reserve in a manner or location that unduly obstructs the free movement of people or the recreational use of the area except in an area specifically provided for storage purposes (such as dinghy racks).
(q) Obstruct access ramps or boat launching facilities.
(r) Use a boat for overnight living accommodation (more than 3 consecutive days in a 3 month period) in the inter-tidal zone above the mean low water spring.
This rule applies only to boats that are fitted with suitable sewage holding tank facilities.
Where a boat does not have a suitable sewage holding tank facility overnight stays are not permitted in the inter-tidal zone above the mean low water spring.
2.5.2 When you use a reserve you must not:
(a) Enter the reserve at a time when it has been closed under clause 2.6.1.
(b) Obstruct the openings, gateways, entrances or exits.
(c) Allow or cause wastage or pollution of water.
(d) Store a motor vehicle or trailer in a reserve without our written permission.
2.5.3 When you use a beach you must not:
(a) Use any object on a beach, which might unduly endanger the safety of other people.
(b) Leave or park a motor vehicle or trailer (excluding beach trolley’s) on a beach for more than 30 minutes without our written permission.
(c) Clean or leave any fish or fish offal on a beach or in seawater near a beach.
(d) Unless authorised to do so, use or interfere with any lifesaving equipment or warning device or notice.
2.6 Management of reserves
2.6.1 A reserve is open to the public except:
(a) During those hours when we have lawfully determined the reserve will be closed.
(b) At those times when the reserve is required to be closed by other clauses in this Part of the Bylaw or by any statutory provision.
2.6.2 We can close or restrict entry to all or a part of a reserve to:
(a) Prevent damage to the reserve.
(b) Allow maintenance of the reserve.
(c) Provide for the exclusive use of the reserve by particular groups or for particular recreational activities. We may charge you for the right to have exclusive use of all or part of a reserve.
2.6.3 We may erect warning signs on a reserve where there is a potential hazard or a public safety issue has arisen.
2.6.4 If you commit a breach of this part of the Bylaw you must leave the reserve immediately when we ask you to. We can prohibit you from returning to or being on the reserve for a specified period.
2.7 Management of beaches
2.7.1 We may remove or wheel clamp any motor vehicle or trailer, which has been left or parked on a beach without permission for more than 30 minutes. We will return the motor vehicle or trailer to you following proof of ownership and payment of our removal expenses and towing fee.
2.7.2 We may authorise a life saving club to:
(a) Provide and use life saving equipment to the approved standards of the New Zealand Surf Life Saving Association.
(b) Use equipment provided by us.
(c) Erect and remove public safety, warning or danger notices.
2.7.3 We may erect beach warning signs where there has been a water pollution or public safety incident or occurrence.
2.7.4 If you commit a breach of this part of the Bylaw you must leave the beach immediately when we ask you to. We can prohibit you from returning to or being on the beach for a specified period.
2.8 Management of Lake Pupuke
2.8.1 You must not operate on Lake Pupuke, except with our written permission or in an emergency:
(a) An aircraft, including a seaplane.
(b) A motorised craft propelled by an inboard or outboard motor.
2.8.2 You must not operate a dragon boat on Lake Pupuke except:
(a) Within the area set aside by us for that purpose.
(b) During the times and periods of the year that are specified by us.
2.8.3 You must not arrange any event, including an aquatic sports event or commercial activity, to be held at or on Lake Pupuke, without our written approval.
2.9 Public assembly
2.9.1 Unless you have our written permission you must not:
(a) Take part in an assembly or associate with other people in such a way as to impede pedestrian or vehicular access or to prevent or hinder convenient access to shops or premises facing into the public place.
(b) Organise or conduct a meeting, gathering, demonstration or competition that may impede public or vehicular access.
(c) Organise or conduct a parade or procession that may impede public or vehicular access.
2.9.2 Permission will not be unreasonably withheld and reasons will be given by the Council where permission is refused. Permission may be refused in circumstances where the Council reasonably believes the activity will or is likely to:
(a) Cause a public nuisance.
(b) Endanger public health or safety (including traffic safety).
(c) Be offensive.
2.10 Fences
2.10.1 Where a fence or land next to a public place is in a condition or state of disrepair which we believe could cause damage or injury to any person, we may give written notice requiring you as the owner or occupier to, within a specified time:
(a) Repair the fence.
(b) Remove the fence.
(c) Remove the fence and erect a new fence to our satisfaction.
(d) Make the land safe.
2.11 Vehicle crossings
2.11.1 You must first get our written permission before you construct, repair, remove or widen a vehicle crossing.
2.11.2 You must not drive a vehicle across a footpath or water channel in a public place unless you use a properly constructed vehicle crossing.
2.11.3 If we believe that a vehicle crossing is in a bad or unsafe state of repair, we may require you, as the owner or occupier of the land to which it provides access, to repair, reconstruct or renew the vehicle crossing to council design standards at your cost and within a specified time.
2.11.4 We may require removal of redundant or unused vehicle crossings.
2.12 Street numbering of buildings
2.12.1 Every building shall at all times be marked with the number allocated to that building by us pursuant to s.319B of the Local Government Act 1974.
2.12.2 If at any time we (in the exercise of our powers under s.319B of the Local Government Act 1974) change the number of a building, you as the owner or occupier of the building must alter the number marking to comply with that change within one calendar month of written notification of the change being given to you.
2.12.3 Building marking shall be comprised of legible characters which:
(a) Subject to clause 2.12.4, comply with the specification in clause 2.12.5
(b) Are affixed or placed in a position which is readily visible from the street to which the building has frontage and either:
(i) Upon a post, fence, gate or letterbox located immediately adjacent to the street boundary.
(ii) If there is no such post, fence, gate or letterbox, upon the building itself.
2.12.4 Nothing in clause 2.12.3 requires the marking which existed on (1 June 2006) and which complied with this Bylaw at that date, to be changed or replaced prior to (six months after revised bylaw comes into effect).
2.12.5 Building marking shall comply with the following:
(a) Residential buildings shall be marked with characters which are:
(i) Not less than 50mm in height and 30mm in overall width (except for the number “1” or the letter”l”).
(ii) Made out of lines not less than 3mm in width.
(b) All other buildings shall be marked with characters which are:
(i) Not less than 75mm in height and 40mm in overall width (except for the number “1” or the letter “l”).
(ii) Made out of lines not less than 5mm in width.
2.12.6 Building marking shall be maintained in good legible and visible condition at all times. Any marking which is covered up or obscured shall be immediately uncovered. Any marking, which is obliterated or defaced, shall be immediately replaced.
2.12.7 Responsibility for compliance with this clause lies with the owner and occupier for the time being of any building but the fact that the owner of a building is not the occupier of that building does not relieve either obligation to comply with this clause.