(clauses 25 to 28, 30 and 31)

These laws are about the number and type of animals that can be kept, animal housing (for example kennels or bird cages), waste and feeding of animals. Changes we are proposing include:

• Exemptions for:

• People who have a permit to keep more or different types of animals.
• Assistance dog or assistance animal (for example, a dog that is trained to help support a person with a disability)

• Stronger provisions to control how animals are housed (kennels, bird cages etc), how animal food is stored, how they are contained to a property (for example, fences to keep a dog from getting out), and how close they are situated to neighbouring houses.
• New provision that requires a person selling or giving away a dog or cat to provide details of the animal and new owner to Council within 7 days.
• New clause requiring European wasp nests or unregistered European honeybee hives to be removed.
• New clause that allows an authorised officer to direct a person to stop feeding a non-domesticated animal if there is a nuisance or damage to property (for example, feeding pigeons).

(clauses 24, 29, and 37)

These laws are about amenity concerns associated with noise. Changes we are proposing include:

• Removing clauses that are a duplicate with State legislation designed to regulate noise.

• Including a new definition of unreasonable noise to align with state legislation.

• New clauses to:

• Address concerns related to noise from intruder alarms (for example, alarms that keep going off, or are excessively loud).

• Address concerns related to animal noise (for example, barking dogs).

(clauses 11 to 13 and 15).

These laws seek to protect neighbourhood safety and amenity. Changes we are proposing include:

• Strengthened and expanded provisions to address unsightly land. This includes disused excavation, incomplete building works, litter and waste, excess vegetation, scrap material, derelict vehicles and machinery, graffiti.

• New clauses introduced to protect neighbourhood safety and amenity:

• Dilapidated (rundown and ruined) building.

• Dangerous land. Clearly describes what could be dangerous land, and includes noxious weeds and vermin (for example, rats).

• Protecting neighbourhood amenity by further regulating where people can put shipping containers.

(clauses 17, 19, 44 to 50).

These laws are about vehicles on both private and Council land. Changes we are proposing include:

• Introduce the ability for Council to ask for a permit to display a vehicle on Council land and to store and repair a vehicle on Council land.

• Amended clause to address nuisance elements of toy vehicles on a road or Council land and provides Council with the ability to ban their use in some areas. Examples of toy vehicles include scooters, skateboards, rollerblades and similar toys.

• Ban the use of recreational vehicles on private land.

• New clauses:

• A new permit requirement to keep oversize vehicles on private land in a residential area.

• Ban the storage of a boat, caravan or trailer on Council land without a permit.

• Ban the storage of or abandoning derelict or unregistered vehicles on Council land.

• Ban the use of recreational vehicles in a public place, unless permitted otherwise (for example, motorcycles, trail bikes, 4WD vehicles, electric scooters).

• Ban the use of recreational vehicles on private land to reduce noise nuisance.

• Address safety concerns associated with attendance and spectating at hoon events.

(clauses 18 and 43).

These laws address requirements for camping on both private and Council land. Changes we are proposing include:

• Expanded definition of camping to include the use of a tent, a sleeping bag, a caravan, mobile home, or any other moveable vehicle to provide accommodation.

• Provided clarity that the clause regulating camping in public places is not intended to criminalise homelessness, and that Council respects the rights of people who are sleeping rough.

• New clause to regulate camping on private land where there is a dwelling:

• Camping is allowed for a period of no more than 6 months over a 12-month period.

• Appropriate sanitary facilities must be provided, and there must be no detrimental impact on amenity of adjoining land.

• Camping on vacant private land is prohibited.

(clauses 21 to 23).

These laws are about open air burning on both private and Council land, to protect neighbourhood safety and amenity. Changes we are proposing include:

• Rewriting the existing provisions about open are burning to make it clear about what Council expects from community members. Clauses generally prohibit burning to protect the amenity of neighbouring properties and reduce hazards.

• Exemptions are provided for special events or cultural ceremonies; however, a permit is required.

• General exemptions are provided for:

• Aboriginal or Torres Strait Islander people to undertake ceremonies.

• Cooking food in a barbeque specifically designed and constructed for the purpose of cooking.

(clauses 32 to 35, 54).

These laws address requirements for disposing household and trade (business) waste. Changes we are proposing include:

• A new requirement for waste to only be put in the approved household waste bin to prevent contamination.

• Household waste is not to be put in street litter bins.

• A new requirement that bins must not be placed out more than one day before collection day and must be taken back in by the end of the day after the bin was collected and emptied by Council.

• Small amendments to trade waste provisions to make it clear what Council expects from businesses for keeping, emptying and placing bins.Trade waste is not to be put in street litter bins or approved household waste bins.

• New clauses:

• A permit is required to place a bulk rubbish container on a road or Council land (for example, a skip bin for a yard clean up or renovations, that has been put on the road or nature strip).

• A permit is required to place a clothing recycling bin on a road or Council land. Provisions also ban items being left outside a clothing recycling bin.

(clauses 51 to 53, 55 to 61).

These laws regulate trading and business activities on Council land. Changes we are proposing include:

• Redrafted provisions regulating street furniture and display of goods to more clearly describe what Council expects of businesses.
• Amendment to ban advertising signage that contains ‘offensive or inappropriate content’.
• New requirement for retailers with 25 trolleys or more to have locking mechanisms attached, and to secure trolleys so that they are not able to be used when the business is closed.
• Clause amended to include a new permit requirement for circuses and carnivals on Council land.
• New clauses:
  • Ban selling of items without a permit on a road or Council land.
  • Ban businesses from giving away samples of aerosol paint to persons under 18 years, and requirement for stock to be secured.
  • To manage risk and amenity, new permit requirements for street collection and distribution (for example, gifts or money, flyers etc), spruiking, busking and community awareness activities, and commercial filming.
  • Provided clarity that the clause regulating street collection and distribution on Council land is not intended to criminalise begging.

(clauses 14, 36 to 42, 62 to 69, 70 to 77)

These laws have been significantly updated to ensure:

• Council’s assets (such as roads, drains, vehicle crossings and street trees) are safe and protected for all Darebin residents.

• Building sites are safe, secure, easily identifiable and waste materials are contained to the site and disposed in an environmentally conscious manner.

Changes we are proposing include:

• A series of changes relating to behaviour, defacing or damaging a municipal place, damaging trees or vegetation in a municipal place, and obstructions in a municipal place.

• A series of changes designed to better protect Council assets, generally when building works take place (for example, containing and removing builders’ waste, road and stormwater protection, etc).

(clauses 79 to 83)

These laws regulate Council administrative functions such as impounding, disposal, permits, delegation and determining fees and charges. Changes we are proposing include:

• Being clearer about how Council will impound and dispose of an item (for example, towing an abandoned vehicle, confiscating it from the owner by storing it at an approved location, then selling it at auction if the owner does not claim it back in time).

• Permits provisions redrafted to combine and streamline how permits may be applied for, granted, refused, amended or cancelled; and includes provision for appeals and exemptions.

• New clauses:

• To administer delegation of powers, functions and duties under this Local Law.

• To address how Council sets fees, charges and bonds.

(clauses 84 to 90)

These laws regulate enforcement activities including notice to comply and verbal direction, offences and penalties and infringement notices.

Changes we are proposing include:

• A provision for:

• An Authorised Officer to provide verbal direction.

• An appeal.

• Simplified provisions to clearly say what constitutes an offence.

• The new Local Government Act 2020 has amended the penalty unit amount for local law offences from $100 to the amount that is set every year by the State Government, which is currently $197.59. We have reviewed the effect this change has on penalty amounts in the draft local law. The new Schedule 1 Penalties for Infringement Notices lists the penalty for each type of infringement.

• New clauses to:

• Address offences by corporations

• Address operator onus in relation to motor vehicles.