Bylaw 211 Reserves Bylaw

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The Nelson City Council in pursuance of the powers and authorities vested in it by the Local Government Act 2002, the Reserves Act 1977, the Bylaws Act 1910 and all other acts, powers, and authorities enabling it in that behalf, hereby makes the following bylaw.

1. Short title and commencement

1.1 This bylaw may be cited as the Nelson City Reserves Bylaw.

1.2 This bylaw was made at the Ordinary Meeting of the Nelson City Council held on 29 June 2006 and shall come into force on the 10th day of July 2006.

2. Repeals

2.1 The following bylaw is hereby repealed: “The Nelson City Council Consolidated Bylaw 1992 – Part 3 Reserves”

3. Other relevant legislation, bylaws and related documents

3.1 The following documents do not form part of this bylaw, however they contain provisions which regulate the use of reserves and which may apply where this bylaw is silent.

  • Reserves Act 1977
  • Land Transport Act 1998
  • Control of Dogs Bylaw No 197
  • Control of Drinking in Public Place Bylaw No 206
  • Parking and Vehicle Control Bylaw No 207
  • Reserves Management Plans

4. Definitions

'Authorised officer' means any member of the staff of the Council, a Police Officer or any other person appointed by the Council to act on its behalf and with its authority.

'Council' means the Nelson City Council.

'Motor vehicle' has the same meaning as the Land Transport Act 1998.

'Reserve' means any land which is owned by or under the control of the Council and which is set aside for public enjoyment as a reserve, park, garden, or open space.

5. Formed entrances and exits only to be used

5.1 No person shall enter or exit a reserve using a motor vehicle except through entrances or exits formed by the Council.

6. Obstruction of entrances, exits and walkways

6.1 No person shall obstruct any entrance, exit, walkway, or other public facility on a reserve.

7. Motor vehicle use

7.1 No person shall, without the prior permission of an authorised officer, drive a motor vehicle in excess of 20km/h in a reserve.

8. Respect for other users

8.1 No user of any reserve shall interfere with the safety and legitimate enjoyment of the reserve by other users. In addition to any other action which may be initiated any user interfering with another user of the reserve may be requested by an authorised officer to leave the reserve.

9. Golf

9.1 No person shall practice or play golf on any area of any reserve other than on the Waahi Takaroa Golf Course and the designated area in Neale Park.

10. Public access to reserves

10.1 No person shall enter onto or remain on any reserve during any time that the Council has determined that the reserve shall be closed to the public.

10.2 No person shall enter onto or remain on any reserve without having first paid any entrance or other fee which may at that time be payable for the use of or access to the reserve.

11. General authorisation

11.1 No person shall carry out any activity on or undertake any use of any reserve contrary to any instruction given by an authorised officer or any sign erected on the reserve by or under the authority of the Council.

12. Gates

12.1 Any person using any gate on any reserve shall ensure that such gate is left in the position in which it is found: i.e. if open left open, if closed left closed.

13. Sleeping

13.1 Sleeping is permitted in Rutherford Park (in self contained vehicles only), Maitai Motor Camp, Brook Motor Camp and Tahuna Motor Camp. Sleeping in other reserves is prohibited without the prior written permission of an authorised officer.

14. Breach of bylaw and penalty

14.1 Any person who acts in breach of any provision of this bylaw commits an offence and is liable on summary conviction to a fine not exceeding $1000.

THE COMMON SEAL of the NELSON CITY COUNCIL was hereto affixed in the presence of:

His Worship the Mayor

Chief Executive

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