Laws of public places

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MorlandCity Council_ General Local Law 2007_ Municipal amenity_ Public places

Within the Moreland city council, local laws have been drafted for the public to adhere to, for the running of Brunswick and surrounding areas. Permits are needed for any type of activity the public would l ike to run, such as; busking, carnivals, street stalls, processions, displaying goods or placing any type of furniture in a public place. Entry fees must be paid to enter certain areas if the council has prescribed a price. All liquor must be sealed and not to be consumed. Engagement in any sort of game, or riding of any animals or vehicles must not interfere with the enjoyment of the space by others. Council has the ability to prescribe all or parts of a public place where feeding of birds, use of toy vehicles or smoke tobacco are prohibited. While in a public place, a person mustn t use insulting language, cause a nuisance or destroy any part of the area. If one is caught, council has the ability to direct them to leave, or confiscate any item associated to the problem. When applying for a permit, council considers the size; hazard and obstruction the activity may place on the public area. Each section of the law has prescribed penalty units, which have a money value attributed. So for example if a person of the public didn t have a permit to busk in the city of Moreland, they would gather 10 penalty units, which works as 10 x (value) $113 = $1130, which would need to be paid to council.


Occupation of public space_ By cafes and stores_ In Brunswick

The Moreland City Council states that, without a permit you are unable to leave objects, conduct any activity or undertake any works without a permit. This includes the display of advertising signs, street stalls, and the display of goods or placing tables, chairs and any outdoor eating facilities, all of which can be seen in the area of Brunswick. Before anything can be placed on the footpath a permit application form must be obtained from Moreland City Council. Information required for the permit is the number and type of items that will be placed on the footway or a description of containing all dimensions associated with the furniture, advertising signs, etc, and including clearances from existing infrastructure. Documentary evidence that Public Liability Insurance Policy cover has been obtained must also be provided with the permit application and the granting of a permit is subject to a site inspection and must be approved by an authorised council officer. The permit does not allow any structure to be permanently fixed to the footpath or allow any revolving signs, flashing lights or flags to be displayed. If any conditions which existed at the time the permit was issued have changed or the conditions are breached, cancellation of the permit may apply. To ensure the public spaces are kept clear of obstructions at all times the space must be kept clean and clear of litter. All furniture must be easily moveable so that the public place can be clear of obstructions at the conclusion of trade, during clearway times, footway maintenance works or for building construction. All items that are able to be displayed on the footpath must be of windproof design so as not to be a hazard to any person, however each item has their own permit conditions.


Advertising Signs: Each property is limited to one Advertising sign (A sign), located immediately in front of the property and must be in good condition and contain no offensive wording. The A sign must be freestanding and of A or T frame construction and must not obstruct pedestrian traffic or the view of vehicular traffic. The sign may not exceed 750mm in height or 750mm in width and may not extend more than 750mm from the building line. Goods: Structures to display the goods must be of suitable size and strength and must be kept neat at all times. The goods may only be displayed from the building line of the business to which they relate and must not exceed 750mm out from the building line. Fruit and vegetables and non perishable foods packed in weatherproof containers are the only items which may be displayed and must be kept 600mm above the footpath. Tables, chairs, screens and umbrellas: Any furniture items may not be placed within 3m from the boundary of an intersection and must be situated only on the building line of the premise, not exceeding more than 750mm out from the building line where the footpath is less than 3.5m wide. The display of tables and chairs will be permitted only in areas where traffic and pedestrians safety is not at risk and the number of tables and chairs allowed is determined by the usable area available. Screen and umbrella permits will only be approved in conjunction with a table and chair permit. Umbrella heights must be between 2.1m at the lowest point and 2.5 at the highest point. The umbrella must not protrude over the kerb or road and must not be any closer than 1m to any overhead structures. Advertising signs play an important role to attracting shoppers and outdoor cafes play an important role in contributing to the quality of public space in Brunswick. They provide an active street frontage which allows for social interaction which is why the areas must be kept safe and abide by all council rules.


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