January 2003

PART 1 PRELIMINARY

1.1 Title

This Local Law is known as the "Casey Community Graffiti Prevention and Control of Aerosol Spray Paint Local Law Number Three".

1.2 Purpose of the Local Law

The Local Law is made for:

(a) Preserving the visual amenity of the municipal district.

(b) Protecting against behaviour which causes detriment to the amenity and environment of the municipal district.

(c) Controlling activities which may interfere with the comfort and enjoyment of other persons.

(d) Controlling damaged property caused by the application of graffiti.

(e) Protecting Council, community and other assets.

(f) Controlling the sale and transfer of aerosol spray paint containers.

(g) Providing for the peace, order and good government of the municipal district.

1.3 Date of Commencement

This Local Law comes into operation on 1 March 2003.

1.4 Area of Operation

This Local Law applies throughout the entire municipal district.

1.5 Cessation Date

Unless earlier revoked this Local Law ceases to operate upon the expiration of 10 years of its commencement date.

1.6 Authorising Provision

This Local Law is made under the provisions of Section 111(1) of the Local Government Act 1989.

PART 2 DEFINITIONS

2. In this Local Law the following terms have the respective definitions assigned to them:

Council

 

Means Casey City Council.

 

municipal district

 

Means the municipal district of Council.

 

private land

 

Means any land which is not owed or occupied or under the control or management of a public body.

 

property

 

Means any building or other structure, wall, fence, hoarding, gate, road, pavement, bridge or like thing.

 

accessible to the public

 

Means accessible to any member of the public without assistance from a person described in clause 3.2(b) or an employee or agent of such person.

 

authorised officer

 

Means a person appointed pursuant to section 224 of the Local Government Act 1989 as an authorised officer for the purposes of this Local Law.

 

PART 3 COMMUNITY PROTECTION

3.1 Prohibition on Graffiti

A person must not:

(a) write on;

(b) paint; or

(c) draw any inscription, figure or mark on

the exterior of any property

without the prior consent of the:

(d) owner; or

(e) occupier of the property and for the purpose of affecting the visual amenity of the property or the area in which it is located.

3.2 Aerosol Spray Paint Containers

(1) A person must not, on any private land, possess an aerosol spray paint container unless he or she has the consent of the:

(a) owner; or

(b) occupier

of the private land.

(2) A person who:

(a) offers for sale any aerosol spray paint container; or

(b) owns, operates or manages a business from premises on which an aerosol spray paint container is offered for sale must not

(c) store or display;

(d) cause to stored or displayed; or

(c) allow to be stored or displayed any aerosol spray paint container in an area which is accessible to the public.

(3) A person must not:

(a) sell;

(b) deliver;

(c) give; or

(d) cause to be sold, delivered or given to a person who is under the age of 18 years any aerosol spray paint container unless the first mentioned person is:

(e) a parent and the second mentioned person is his or her child;

(f) a guardian and the second mentioned person is his or her ward;

(g) an employer and the second mentioned person is his or her employee;

(h) the agent of an employer and the second mentioned person is the employee of that employer; or

(i) a teacher and the second mentioned person is his or her pupil.

PART 4 PROCEDURES

4.1 Notices to Comply/Directions

(1) An authorised officer may serve a Notice to Comply on any person who beaches this Local Law instructing them to remedy a situation. In the event that a Notice to Comply is not complied with an authorised officer may undertake any works required to be carried out to ensure compliance and recover any costs incurred.

(2) A person must remedy any breach of this Local Law in accordance with any requirements of a Notice to Comply.

(3) A person must comply with any reasonable direction, instruction or signal of an authorised officer, member of Victoria Police or emergency service.

4.2 Penalty

(1) Except where otherwise indicated the penalty for any breach of this Local Law is 20 penalty units.

(2) If there is a continuing breach of clause 3.2, the penalty shall be five penalty units for each day on which the breach continues.

4.3 Infringement Notices

(1) As an alternative to prosecution an authorised officer may serve an infringement notice.

(2) The penalty for infringement notices is five penalty units.

(3) Payments for infringement notices are to be paid to Council in a manner prescribed on a notice.

(4) Should an infringement notice not be paid within 28 days of the notice being issued, the notice may be withdrawn and the matter prosecuted in court.

4.4 Impounding

(1) An authorised officer may seize and impound any thing which has been or is being used or possessed in contravention of this Local Law.

(2) As soon as possible after impounding any such thing, an authorised officer shall, if the name and address of its owner is known, serve a Notice of Impounding on the owner.

(3) Any impounded thing may be claimed by its owner after the payment of any fees fixed by Council.

(4) Any impounded thing not claimed within the time specified in the Notice of Impounding or within 14 days of the impounding (whichever is the longer) may be disposed of.

This resolution for making this Local Law was agreed to by Casey City Council on 17 December 2002.