Draft bylaws ready for consultation
Posted at 3:52pm Wednesday 28 Feb, 2018
The Draft Alcohol Bylaw is one of many which is up for consulation. File photo.
A raft of proposed bylaw amendments have been approved for community consultation by Whakatane District Council's Policy Committee.
As part of the third round of Council's ongoing bylaw review, changes have been proposed to the Draft Alcohol Bylaw 2018, which will make the bylaw easier to police.
Strategic Policy Analyst Glenda Spackman says the purpose of the Draft Alcohol Bylaw 2018 is to specify the locations and times when alcohol consumption and possession is prohibited.
Because police are responsible for enforcing the bylaw, an assessment of the current bylaw was undertaken jointly with local police staff.
The current bylaw has permanent bans applying at different times in different locations, making it difficult to enforce.
The draft ban proposes a single timeframe for all locations in the district, where permanent bans are in force – between 12pm on Thursday and midnight on Sunday.
The alcohol ban over the Christmas/New Year period now applies from 12pm on December 24 to 12pm December 26, and from 12pm on December 31 to 12pm on January 1.
Maps available on Council's website highlight the streets and locations the ban applies to.
Round three of the bylaw review also introduced the Draft Beaches Bylaw 2018. Changes to the existing bylaw include removing sections that duplicate the provisions of other bylaws.
The new draft bylaw will require anyone wishing to hold a public meeting or organised event on a beach, which would unduly restrict other people's use of the beach, to get prior written permission from council. Camping on beaches and in sand-dunes will also be prohibited.
The current prohibition on the use of changing rooms and, in particular, anyone over eight years old entering a changing area set aside for the use of the opposite sex, has been deleted from the proposed bylaw.
Legal advice was that it could contravene the NZ Bill of Rights. Restrictions have also been added covering activities on a beach that might cause damage to the beach environment.
Meanwhile, key changes proposed to the Cemeteries and Crematoria Bylaw are: extending the times when burials can take place to reflect current practice and meet the needs of a multicultural society; aligning the bylaw with current practices relating to burial procedures and the issuing of burial warrants; and setting out the procedure for disinterment and adding a section linking the bylaw to the Fees and Charges Schedule.
Under proposed changes included in the Draft Dog Control Bylaw 2018, dangerous dogs will no longer have to wear a reflective collar.
New dog exercise areas have been created on the Warren Cole Walkway between McAlister Street and The Heads; and east of the boat ramp on the Ohope Spit.
If adopted, all dogs would be prohibited in Burma Rd and the Ohope Scenic Reserve; and on the Opihi Spit east of Coastlands. However, dogs on leashes would be allowed on the Ohope Harbourside Trail.
While much of the Ports and Wharves Bylaw is working well, the Draft Ports and Wharves Bylaw 2018 proposes to: highlight that commercial activities take precedence over leisure activities with regard to the use of port facilities; prohibit a vehicle or vessel from blocking or hindering access to fuel pumps and loading bays; and provide clarity around the berthage application process.
Sub-letting of berths would also be prohibited without written consent; individuals, groups or organisations would be allowed to apply for exclusive use of a port structure for an event; fishing and swimming would be regulated around port structures and in navigation channels; and the Council to would be enabled to charge fees for the use of boat ramps, if a boat ramp fee is introduced at some time in the future.
If the Committee recommendations are adopted by the full Council on 8 March, these five draft bylaws will be subject to a four-week formal community consultation process beginning on March 12.
The Fire Prevention Bylaw and the Food Administration Bylaw will be allowed to expire on July 1 2018, because recent legislation makes them unnecessary, while the Parks and Reserves Bylaw will be reviewed at a later date.