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Draft Timaru District Consolidated Bylaw 2017

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Draft Timaru District Consolidated Bylaw 2017 Version 3 - 2017 Important Note: This is a copy of the Consolidated Bylaw 2013 2017. Users should be aware that it is only a copy. The principal sealed bylaw documents are held within Council Premises and access can be obtained by contacting the Group Manager Regulatory Services Environmental Services. Timaru District Consolidated Bylaw 2017 Contents Preface ............................................................................................................................ 1 Chapter 1: Introductory & Miscellaneous ........................................................................ 2 Chapter 2: Public Places .............................................................................................. 24 Chapter 3: Trading in Public Places ............................................................................. 44 Chapter 4: Liquor Ban in Public Places ........................................................................ 47 Chapter 5: Skateboards ................................................................................................ 55 Chapter 6: Control of Dogs ........................................................................................... 59 Chapter 7: Parks & Reserves, Beaches & Tracks ........................................................ 69 Chapter 8: Cultural & Recreational Facilities ................................................................ 77 Chapter 9: Cemeteries ................................................................................................. 78 Chapter 10: Traffic ........................................................................................................ 85 Chapter 11: Traffic Speed Limits .................................................................................. 92 Chapter 12: Licences for Vehicle Stands on Streets .................................................. 122 Chapter 13: Parking .................................................................................................... 125 Chapter 14: Solid Waste Minimisation ........................................................................ 132 Chapter 15: Water Services ........................................................................................ 143 Chapter 16: Water Races ........................................................................................... 170 Chapter 17: Demolition, Construction & Maintenance Of Buildings & Site Works ...... 175 Chapter 18: Apartment Buildings & Boarding Houses ................................................ 180 Chapter 19: Nuisance from Burning ........................................................................... 184 Chapter 20: Fire Prevention Involving Vegetation ...................................................... 185 Chapter 21: The Keeping of Animals, Poultry & Bees ................................................ 187 Chapter 22: Food Safety............................................................................................. 190 Chapter 23: Health Protection - Pools, Beauty Facilities, Skin Piercing & Tattooing .. 193 Chapter 24: Airport Charges ....................................................................................... 197 Timaru District Consolidated Bylaw 2017 Preface This Consolidated Bylaw of the Timaru District Council is made in pursuance of the powers and authorities contained in the following enactments and their amendments, and in pursuance of all other powers and authorities contained in any other Act enabling Council in that behalf: Local Government Act 1974 Local Government Act 2002 Bylaws Act 1910 Transport Act 1962 Transport Act (Road Safety and Other Matters) Amendment Act 2011 Land Transport Act 1998 Health Act 1956 Food Act 1981 2014 Sale of Liquor Act 1989 Sale and Supply of Alcohol Act 2012 Burial and Cremation Act 1964 Standards Act 1988 Standards and Accreditation Act 2015 New Zealand Walkways Act 1990 Walking Access Act 2008 Transport Services Licensing Act 1989 Public Transport Management Act 2008 Dog Control Act 1996 Building Act 2004. All previous bylaws enacted by Council are hereby revoked. Notwithstanding the repeal of any provision in Council's Bylaw every document or thing prepared or done pursuant to the authority conferred by the provisions so repealed shall continue and have effect if it could have been made or done under any corresponding provisions substituted for the provision so repealed. All approvals, licences, permits and acts of authority which originated under any previous bylaw are hereby repealed and all applications, plans and other acts of parties and generally all documents, matters, acts and things which so originated and are of continuing effect at the commencement of the Timaru District Consolidated Bylaw 20137 shall, if they could have been made or done under the corresponding provisions of the last mentioned bylaw, continue and have effect accordingly. The Timaru District Council reserves the right afforded under the Local Government Act 2002 to make minor changes or amendments by ordinary resolution publicly notified, which do not affect an existing right, interest, title, immunity or duty of any person to whom the bylaw applies; or an existing status or capacity of any person to whom the bylaw applies. This includes making amendments to the Consolidated Bylaw and associated schedules due to changes in legislation. Timaru District Consolidated Bylaw 2017 Preface Page 1 Chapter 1: Introductory & Miscellaneous Scope The purpose of the introductory section is to identify those terms and expressions that are used throughout the bylaw document and to clearly interpret those terms and expressions. 100. Interpretation 100.1. In this bylaw, unless the context otherwise requires: Acceptance criteria means the requirements for preparation and placement of solid waste, reusable, recyclable and compostable material into approved or contractor containers. It also means the requirements for depositing solid waste at the various waste management facilities as publicly notified, updated and amended from time to time by Council. Air gap separation means a minimum vertical air gap between the outlet of the water supply fitting which fills a water storage tank, and the highest overflow water level of that water storage tank. Airport means all that land and buildings situated between Falvey Road, Brosnan Road and Levels Plain Road, Timaru and known as the Richard Pearse Airport, Timaru. Airport authority means the Timaru District Council acting in its capacity as the Airport Authority. Animal means stock, poultry and any other vertebrate animal of any age or sex that is kept in a state of captivity or is dependant upon man for its care and sustenance (includes sheep). Apartment means a portion of a building or a room or suite of rooms forming part of an apartment building and which is occupied or intended or designed to be occupied by one family for living and sleeping purposes. Apartment building means a building in which accommodation is provided for three or more families living independently of one another, with or without a common right to the use of cooking or laundry facilities, sanitary conveniences, entrances, passages, stairways or open spaces; and where necessary includes a portion of a building or a combination of two or more such buildings or parts thereof; but does not include any building comprising wholly or principally owner- occupier flats, or any single storey building comprising wholly or principally apartments each of which is completely self-contained and has its own separate outside entrance. Approval means approval in writing by Council. Approved means approved by Council or by any officer of Council authorised in that behalf. Timaru District Consolidated Bylaw 2017 Chapter 1 – Introductory & Miscellaneous Page 2 Approved container means any paper bag, plastic bag, biodegradable bag, mobile bin, crate or any other receptacle provided by or on behalf of Council from time to time for the purpose of council kerbside collection. Approved form means a form which has been approved by Council for use to make application for any licence, certificate, authority, consent, approval, inspection or other service provided by Council. Approved taxi organisation shall have the meaning assigned thereto by the Transport Services Licensing Act 1989 Land Transport Act 1998. Authorised officer means any person appointed by Council to act on its behalf and with its authority and includes contractors or any person appointed especially or generally to enforce the provisions of this bylaw. Backflow means a flow of water or other liquid through any supply pipe in a reverse direction to the normal flow. Banned materials means materials identified in Schedule One of Chapter 14 that are prohibited from being disposed to landfill. Barbecue means any fixed or portable solid fuel equipment or fixed or portable gas equipment for the cooking of food. Beach means any land adjacent to the sea coast of Caroline Bay, of Waimataitai Beach, South Beach or Otipua Beach capable of being used for recreational purposes, which is vested in or under the control of Council. Beautician means the person for the time being who carries out, or controls or manages, or assists to control or manage, any beauty facility and may include the occupier and the owner of the premises. Beauty facility means any place, premises or part of a premises used for the purpose of beauty treatment / therapy. Beauty treatment means
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