LG301* LOCAL GOVERNMENT ACT 1995 City of Subiaco PARKING FACILITIES AMENDMENT LOCAL LAW 2015 Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the City of Subiaco resolved on 22 March 2016 to make the “City of Subiaco Parking Facilities Amendment Local Law 2015”. 1. Citation This local law may be cited as the “City of Subiaco Parking Facilities Amendment Local Law 2015”. 2. Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 3. Principal Local Law This local law amends the City of Subiaco Parking Facilities Local Laws as published in the Government Gazette of 8 August 1997 and as amended in the Government Gazette on 15 January 1999, 14 December 2001 and 3 October 2006. 4. Clause 1.3 amended Clause 1.3 is amended by— 4.1 deleting the following definitions— “bus”; “coin”; “commercial vehicle”; “courier vehicle”; “motor car”; “motor cycle”; “taxi”; “ticket issuing machine”; “tour coach”. 4.2 inserting the following definitions in alphabetical order— “authorised vehicle” means a vehicle authorised by the Local Government or an authorised person to park on a road or parking station or any portion thereof; “bicycle lane” has the meaning given to it in the Code; “bus” has the meaning given to it in the Code; “caravan” means a vehicle, whether motorised or drawn by another vehicle, that is fitted or designed for habitation by a person in the course of a journey, but excludes a motor car that has been fitted or adapted for habitation by a person in the course of a journey; “charter vehicle” means a vehicle holding an omnibus licence issued under the Transport Co-ordination Act 1966 and used to undertake tour and or charter work, but does not include a “public bus”; “Code” means the Road Traffic Code 2000; “delivery vehicle” means a vehicle constructed, adapted or fitted for the conveyance of goods, materials, or merchandise used in any trade, business or industry, which is used primarily for that purpose, and on which a business name as defined in the Business Names Act 1962 or a Trade Mark as defined in the Trade Marks Act 1995 (Cth) is permanently affixed and readily legible to an authorised person; “emergency vehicle” has the meaning given in the Code; “GVM” (which stands for “gross vehicle mass”) has the meaning given to it in the Road Traffic (Vehicles) Act 2012; “heavy vehicle” means a vehicle with a GVM of 4.5 tonnes or greater; “metered space” means a section or part of a parking station, which is marked or defined by painted lines, metallic studs, coloured bricks or pavers or similar devices for the purpose of indicating where a vehicle may be parked on payment of a fee or charge; “money” means any legal tender under the Currency Act 1965 (Cth) or Reserve Bank Act 1959 (Cth); “motor car” means a vehicle designed primarily for the carriage of persons, whether or not it is also provided with space for the carriage of personal goods or luggage, but does not include a motor cycle, caravan, bus or a heavy vehicle; “motor cycle” has the meaning given to it by the Code; “parking meter” means a machine or device which, as a result of money or other form of permitted payment being inserted into a machine, indicates, without the issue of a ticket, the period that it is lawful for a vehicle to remain parked in a metered space; “precinct” means an area of the district designated by the Local Government as a parking precinct; “public bus” means a bus operated by or on behalf of the State to carry members of the public on payment of a fare, but does not include a taxi; “taxi” has the same meaning as “taxi” in section 3 of the Taxi Act 1994; “ticket issuing machine” means a machine or device which issues, as a result of money or other form of permitted payment being inserted into the machine, a ticket showing the period during which it is lawful to remain parked in the area to which the machine relates; “trailer” means any vehicle without motor power of its own, designed for attachment to a vehicle for the purpose of being towed, but does not include the rear portion of an articulated vehicle or side car; 4.3 in the definition of “parking station” delete the word “standing” where it appears and insert the word “stopping” and delete the word “or” in paragraph (b) before the word “vehicles” and insert “of”; 5. Clause 1.4 amended In clause 1.4 after “parking sign” insert “erected by the Local Government under the authority of these Local Laws.” 6. Clause 2.6 amended Delete clause 2.6 and insert the following clause— “2.6 Parking of heavy vehicles, caravans and trailers A person shall not permit a heavy vehicle, caravan or trailer to remain parked on a road or in a parking station for more than four hours unless the vehicle is in an area designated by a parking sign or parking signs permitting such vehicles to be parked for a longer period.” 7. Clause 2.7 amended Delete clause 2.7. 8. Clause 2.8 amended Delete clause 2.8 and insert the following clause— “2.8 Loading zones A person shall not park or stop a vehicle or permit a vehicle to remain parked in an area designated by a parking sign or parking signs inscribed with the words “Loading Zone” or symbols to that effect unless the vehicle is a delivery vehicle and a person is continuously engaged in loading or unloading goods, merchandise or materials from the delivery vehicle, in which case the following maximum periods apply— Tare weight of vehicle less than 1 tonne — 15 minutes Tare weight of vehicle more than 1 tonne — 30 minutes” 9. Clause 2.9 amended Delete clause 2.9 and insert the following clause— “2.9 Parking in various other designated zones A person shall not park or stop a vehicle or permit a vehicle to remain parked in an area designated by a parking sign or parking signs— (a) inscribed with the words “No Parking—Taxi only” or the corresponding symbols set out in the First Schedule, unless the vehicle is a taxi; (b) inscribed with the words “Funeral Vehicles Only” unless the vehicle is a funeral vehicle; (c) inscribed with the words “Charter Vehicles Only” unless the vehicle is a charter vehicle; (d) inscribed with the words “Buses Only” or “Bus Zone” unless the vehicle is a public bus; or (e) inscribed with the words “Clearway” or the corresponding symbol set out in the First Schedule, unless the vehicle is a public bus and the driver is dropping off or picking up passengers.” 10. Clause 2.15 amended In clause 2.15— 10.1 in subclause (1) delete “City of Subiaco Trading in Public Places Local Law 2000” and insert “City of Subiaco Trading in Public Places Local Law 2014 as amended from time to time”; 10.2 in subclause (2) delete “City of Subiaco “Trading in Public Places Local Law 2000” and insert “City of Subiaco Trading in Public Places Local Law 2014 as amended from time to time”. 11. Clause 3.3 amended In clause 3.3(a)(i) insert after the word “machine”— “or payment is otherwise made in accordance with the operating instructions printed on the ticket issuing machine” 12. Clause 3.8 amended 12.1 Renumber clause 3.8 titled “Parking station may be locked” to clause 3.10. 12.2 Insert the following clause 3.8 in Part 3, Division A— “3.8 Parking or stopping of motor cycles and bicycles in parking stations No person shall park or stop a motor cycle or bicycle or permit a motor cycle or bicycle to remain parked in a parking station, where a fee is payable, other than in a parking space or metered space marked “M/C”. 13. Clause 3.9 amended 13.1 Renumber clause 3.9 titled “Operation of ticket issuing machine” to clause 3.11 and— 13.2 in subclause (1) delete “a coin or coins” and insert “money or other forms of payment permitted by the Local Government”; 13.3 insert the following additional subclause (4)— “(4) For the purposes of sub clause (1), a reference to “other forms of payment” includes a permit, ticket, pass, voucher, credit card or any other form of payment permitted by the Local Government.” 13.4 Insert the following clause 3.9 in Part 3, Division A— “3.9 Parking in metered space A person shall not park or stop a vehicle or permit a vehicle to remain parked in a metered space in a parking station unless— (a) the appropriate fee has been inserted into the parking meter; and (b) the parking meter referable to that metered space does not exhibit or display the sign ‘Expired’, a negative time or an expiry indicator light.” 14. Clause 3.10 amended Renumber clause 3.10 titled “Behaviour in parking station” to clause 3.12. 15. Clause 3.11 amended Renumber clause 3.11 titled “Damage to parking stations” to clause 3.13. 16. Clause 4.4 amended In clause 4.4 insert “public” after “a” and before “bus” in the second last line of that clause. 17. Clause 4.9 amended In clause 4.9 insert “a” after “3 metres of” and before “public” in the second line of that clause. 18. Clause 4.10 amended In clause 4.10 in subclause (c) insert “bicycle lane,” after “footway,” and before “cycleway” 19.