Local Law document
We are proposing a number of changes that will enhance the whole Local Law document.
Current:
All ‘his or her’ or ‘he or she’ statements.
Original proposed change:
Change all ‘his or her’ or ‘he or she’ statements to gender neutral ‘their’ statements.
Rationale for original proposed change:
This change aligns with Council’s Gender Equality Action Plan.
Outcome and amendment:
Amendments carried with no changes.
Current:
6. Application of the Local Law (2)(a) a blind or deaf person being entitled at all times and in all places to be accompanied by an assistance animal.
Original proposed change:
6. Application of the Local Law (2)(a) people with a disability being entitled at all times and in all places to be accompanied by an assistance animal.
Rationale for original proposed change:
This change is inclusive of people with a disability.
Outcome and amendment:
Amendment carried with alternate wording: Nothing in this Local Law relating to an animal in general or a dog in particular prevents: (a) a person being entitled at all times and in all places to be accompanied by an assistance animal.
See Part C - Assessment of significant changes (3) and (5) in the Community Impact Statement.
Current:
116. Prohibition of Entry
A person must not, without a permit or in accordance with any other law: (f) Enter the Municipal Place if that person is under the influence of alcohol or any other drug.
Original proposed change:
Consider removing and use 116(c) if necessary –
116. Prohibition of Entry
A person must not, without a permit or in accordance with any other law: (c) Enter or remain in a Municipal Place if that person has been excluded from a Municipal Place by a person authorised to do so.
Rationale for original proposed change:
This aligns with parallel legislation and remove criminalisation of drunkenness.
Outcome and amendment:
Amendment carried with alternate wording and clause change:
116 A person must not, without a permit or in accordance with any other law:
(a) enter or remain in a Municipal Place without paying the appropriate fee (if any);
(b) enter or remain in a Municipal Place if that person is less than 10 years of age (except if in the care of an adult guardian);
(c) enter or remain in a Municipal Place if that person has been refused entry, excluded from entering or directed to leave a Municipal Place by a person who is authorised to do so;
(d) re-enter a Municipal Place within 24 hours (or such other time as directed) after being excluded from a Municipal Place;
(e) enter a Municipal Place if that person is suffering from any disease that presents a risk to the health of any other person;
(f) enter or leave a Municipal Place other than through an entrance or exit provided for the public for that purpose (unless the person is to use a specifically designated exit or entry); or
(g) have in their possession in or on a Municipal Place any liquor or other drug.
See Part C - Assessment of significant change (7) in the Community Impact Statement.
Current:
117. Behaviour
(1) A person must not while in or on a Municipal Place:
(c) enter or use any dressing room, shower or convenience or any passage leading to it that has been appointed or appropriated to people of the opposite sex unless that person is a child under the age of six (6) years in the care of a responsible person of the opposite sex or a person authorised by the Manager;
Original proposed change:
We propose further consideration for removal/rewording/further definition in Procedures and Protocol Manual. Open to consultation with reference to other laws and Child Safety Act.
Rationale for original proposed change:
This would provide alignment with Council’s Gender Equity Action Plan.
Outcome and amendment:
Amendment carried with defined clause and wording changes as follows:
117 (1) A person must not while in or on a Municipal Place:
(a) behave in a manner that is offensive, indecent, insulting or riotous or engage in any conduct that is dangerous or that interferes with any other person;
(b) act contrary to any sign or procedure in respect of the use of the Municipal Place; <<<previous clause reference (c) removed, and clause references amended>>>
(c) have any animal in their possession other than an Assistance animal;
(d) eat or drink other than in an authorised area;
(e) sell or hire any goods in the Municipal Place other than with the written consent of a Manager or in accordance with a permit;
(f) distribute, leave, post or display any pamphlet, poster, handbill or literature other than with the consent of a Manager.
See Part C - Assessment of significant change (8) in the Community Impact Statement.
Current:
(1) A person must not while in or on a Municipal Place:
(h) use any computer or other device in a Municipal Place for the downloading or display of pornography, illegal, offensive or inappropriate pictures, words, works or any other thing.
Original proposed change:
We propose further consideration for removal/rewording/further definition in Procedures and Protocol Manual. Open to consultation with reference to other laws and Child Safety Act.
Rationale for original proposed change:
This would provide alignment with Council’s Gender Equity Action Plan.
Outcome and amendment:
Amendment carried with defined clause and wording changes:
117 (1) A person must not while in or on a Municipal Place:
(a) behave in a manner that is offensive, indecent, insulting or riotous or engage in any conduct that is dangerous or that interferes with any other person;
(b) act contrary to any sign or procedure in respect of the use of the Municipal Place;
(c) have any animal in their possession other than an Assistance animal;
(d) eat or drink other than in an authorised area;
(e) sell or hire any goods in the Municipal Place other than with the written consent of a Manager or in accordance with a permit;
(f) distribute, leave, post or display any pamphlet, poster, handbill or literature other than with the consent of a Manager. Previous clause reference (h) removed.