Community Amenity Local Law (2015)
The Community Amenity Local Law (2015) was developed to protect the amenity of our City and the safety of all those who come to be in it. These local laws cover many aspects of daily life such as keeping footpaths and walkways clear of clutter, managing the impact of building sites, and ensuring parks and reserves are safe and pleasant.
Frequently Asked Questions
What is a ‘Community Amenity Local Law’ and why do we need one?
Council previously had four local laws, relating to ‘Recreation Vehicles’, ‘Consumption of Alcohol in Public Places’, ‘Protection of Council Assets & Control of Building Sites’ and a ‘General Local Law’.
These have been consolidated into one new Community Amenity Local Law (2015) for ease of use. This is a local law that is designed to help protect amenity, safety, the environment and public assets throughout the City of Wyndham.
Where is it set out that the Council can make Local Laws
Part 5 of the Local Government Act 1989 gives the Council the power to make local laws in relation to matters where the Council has powers and functions.
The process for making a local law is that the Council must first give public notice of its intent to make a local law. Council should then consider any written submissions received prior to its final decision. Submitters must be given an opportunity to speak in favour of their submissions.
However a local law cannot be inconsistent with any Act or regulation of state or federal government, or the Wyndham Planning Scheme.
A local law, once made, is valid for a period of 10 years. So unless revoked earlier the Community Amenity Local Law (2015) will expire in November 2025.
What are the main areas covered in the local law?
The local law contains the following headings:-
- Part 1 Preliminary
- Part 2 Use of Council Land
- Part 3 Protection of Council Land and Assets
- Part 4 Municipal Amenity
- Part 5 Roads and Council Land: Obstructions and Behaviour
- Part 6 Roads and Council Land: Parking
- Part 7 Sale of Goods, Street Collections and Distributions and Street Parties
- Part 8 Keeping of Animals
- Part 9 Resource Recovery
- Part 10 Administration and Enforcement
How does this local law affect me?
As citizens we benefit from the protections available under the local law, and we should abide by the controls that it contains.
It may be that the local law can assist in resolving neighbourhood disputes, or to overcome a cause for local concern, say due to noise or damage to community assets.
In some circumstances the local law may assist neighbours to agree amicably on appropriate behaviours. In other cases breaches can be reported to the Council.
What can happen to those who break the local law?
What is most important is that in the interests of amenity, safety, the environment or protection of community assets the behaviour that does not comply with the local law should stop.
Council’s authorised officers are able to warn, or to issue notices to comply or infringement notices, or to prosecute in the Magistrates Court. The local law sets out applicable fines.
Notices issued by authorised officers will set out the processes to be followed by each party, including rights of appeal. It is very important that any enforcement action and appeals received are managed strictly in accordance with the law.
Domestic Animal Management Plan
Wyndham City adopted the Domestic Animal Management Plan on 3 October 2017. The plan has been developed based on the outcomes and learning’s from the previous plan and a review of existing data in areas such as complaints, dog attacks, registrations and impoundments. Community feedback including over 891 submission and consultations with key stakeholders including Veterinarians, dog trainers and other service providers have also informed the plan.
The overwhelming majority of the submissions were made by existing registered pet owners and supported the actions of the draft Plan, or sought an expansion of what is proposed. The following were the issues identified from the survey feedback:
- Focus on cats: Greater enforcement of the cat curfew and increase in random trapping during curfew hours.
- Cats confined to a property: Consideration to cats being treated the same way as dogs and confined to a property at all times.
- Responsible Pet Ownership: Increased education on being a pet owner.
- Council presence and enforcement of dogs off lead: More focussed patrols identifying dogs being walked off lead and in off lead areas to reduce community angst or the potential for dog attacks.
- Awareness of the dog attack process: More education regarding dog attacks and the investigation process to address issues under reporting and a lack of understanding of the process as a victim and as a dog owner.
Better understanding of the value of pet registration: A better understanding of the value and benefits of pet registration
Footpath Trading Policy & Guidelines
Wyndham City supports the conduct of footpath activity associated with established businesses throughout shopping centres and other business activity areas. This activity adds to the vibrancy, diversity and cosmopolitan nature of our City and its streetscapes. Such activity brings economic benefits to individual traders and the City. It encourages and attracts shoppers, tourists, visitors and increases social interaction within our community.
Wyndham City recognises that a form of control over footpath activities needs to be in place to achieve equity in the treatment of business proprietors and to ensure that footpaths, irrespective of the activities permitted on them, are community and not individual assets. We also recognises that adequate controls need to be established and enforced to ensure that public safety and disability access are not compromised and that pedestrians can move freely along the footpath.
Beautification of Nature Strips Policy
Although nature strips are the responsibility of Council, residents of abutting properties are expected to maintain the nature strip by regular, mowing, maintenance and clearing of litter and rubbish.
The policy aims to ensure appropriate treatments are used on nature strips while still allowing safe access for pedestrians, postal deliveries, vehicles using the road, kerbside parking and rubbish collection.
Some options for treatments on nature strips include grass, gravels and mulches and approved plantings.
Residents may apply for a permit if their nature strip landscaping or proposed landscaping does not comply with the Beautification of Nature Strips Policy.
For more information on the Beautification of Nature Strips Policy contact Council on 9742 0777.
Municipal Fire Management Plan 2016 - 2019
Victoria is expecting a higher than average risk of grassfires this season. Grassfires can be just as dangerous as bushfires. Victoria is one of the most fire-prone regions in the world – the only way to stay safe is to have a Bushfire Survival Plan and to leave the night before or the morning of a Code Red day, or early in the morning of a Severe or Extreme day.
We all need to play our part in making sure we are fire read and each year at Wyndham City Council we undertake fire prevention works to limit the spread of fire and protect our municipality.
What Council is doing
- Assisting CFA with a controlled burn program
- regularly inspecting properties
- issuing fire prevention notices to non-compliant landowners
- fire preparation's for Council reserves
- reviewing Emergency Management and Fire Management Plans