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From unsightly land to fire safety and animals, City of Whittlesea’s Local Law reflect the community’s views on how we want to show respect for one another, protect our people, local environment, and make living in the City of Whittlesea A Place For All.

Background

Council have a legislative obligation under the Local Government Act 2020 to review our Local Law every 10 years to ensure it continues to meet the needs of the community and address any new or emerging issues.

The current Local Law is set to expire in December 2024. This means that it will no longer be valid or enforceable. As such, a new Local Law must be made and will be known as the Community Local Law 2024.

Objectives

The objectives of the Community Local Law are:

Community Local Law Survey

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Key identified issues

Read more about each of these issues by clicking on each block.

Current Law:

The current Local Law does not clearly address smoking (including the use of vapes and e-cigarettes).

Proposed idea:

To keep up with current trends, this idea aims to broaden the definition of smoking to include vaping and using e-cigarettes. This would mean that wherever you cannot smoke, you will not be allowed to vape or use e-cigarettes.

Current Law

In the current Local Law, the use of firepits for warmth and recreation is banned however currently they can be used for the purpose of cooking food.

Proposed idea

Firepits can be readily purchased from retailers and are already used by many households across the municipality.

This idea seeks to allow the use of residential firepits for recreational purpose.

a group of people sitting around a fire pit

From time-to-time Council does receive complaints about the use of residential firepits and wood heaters, around the emission of smoke and reduction in air quality. If firepits are allowed, only clean and dry wood can be burnt and should not be used excessively to create a nuisance to neighbouring properties.

Overgrown nature strips have a significant impact on the visual appearance of the municipality. Nature strips are owned by Council and house utilities and infrastructure.

The majority of people across the City of Whittlesea do maintain their nature strips, but Council are exploring updating the Local Law to strengthen enforcement for property owners who do not maintain their nature strip.

Current Law

The current Local Law means that property owners who do not keep their naturestrip ‘maintained’ face a fine in excess of $500.

Proposed idea:

Updating this law would mean Council can explore enhancing existing naturestrip clauses (for example: maximum height of grass, plantings, rocks).

Vehicles parked on nature strips are deemed to obstruct the view of drivers and pedestrians entering and exiting driveways; prevent access to utilities and can cause damage to utility connections or tree roots under the nature strip. We also know that there are more vehicles per household than in the past and roads are becoming congested.

Current Law

Council’s current Local Law does not have restrictions on long term parking or storing of trailers, caravans and boats, which can lead to vehicles being parked unrestricted on residential roads and on Council land.

Proposed idea:

This idea aims to prevent the long-term parking and/or storage of trailers, caravans and boats on residential roads and on Council land (including on a nature strip).

Dumping or placing of large items or rubbish on public land (nature strips, roadsides, bushland, reserves, parks) or private land without authorisation is illegal. Dumping of rubbish or the accumulation of waste is unsightly and damages the environment. You can report dumped rubbish online

Across the City of Whittlesea, households are offered up to two hard rubbish collections each financial year. The hard rubbish items are collected and taken to the Wollert Landfill.

Current law:

The current Local Law does not adequately address the dumping or placing of large items on any land.

Proposed idea:

This idea aims to prevent the dumping of hard rubbish and second-hand goods on nature strips and the kerbside.

A new law idea would make it illegal to put hard rubbish or secondhand items on the kerbside or nature strips outside of booked collections.

Current law

The current Local Law covers 'unsightly land' but does not adequately reference building. It states that owners or residents must keep property to a good standard in which it is not deemed unsightly, dangerous or detrimental to the general amenity of the neighbourhood. If not, Council may clean it and charge you for the costs.

Proposed change

This idea would require owners/occupiers to ensure that a building does not become derelict (abandoned and in need of repair) or dilapidated (dangerous, broken or falling down) and to take all reasonable steps to secure the building. This change would extend the current law to include ‘buildings’ as well as ‘land’.

Current Local Law

Currently, there are clauses regulating shopping trolleys in our Local Law but they are not adequate to reduce the amount of trolleys that leave retailer premises or reduce the burden and cost to Council of impounding and holding abandoned trolleys.

Proposed idea

This idea would require businesses which make trolleys available to be responsible for making sure they are not left on Council land or on roads. If introduced, this law would allow Council to ensure businesses have a service to ensure trolleys are collected in a timely manner and provide appropriate mechanisms such as coin operated trolleys or wheel locking systems on all trolleys to deter them from being removed from being dumped or abandoned.

All dogs must be kept on a leash whilst outside their property, except in designated off-leash dog parks in the City of Whittlesea. Owners are legally responsible if their dog attacks a person or animal outside of their property, this includes someone trying to get to your front door. Owners are also responsible if their dog attacks someone who has been invited onto their property.

Current Law

The current local law does not cover dog attacks through, over or under a fence or gate.

Proposed idea

This idea seeks to reduce instances of dog attacks across the municipality by making it an offence for a dog to attack or bite any person or animal through, over or under a fence or gate causing death or injury.

Across the City of Whittlesea, there are designated dog off-leash areas. Community feedback received in the development of the Domestic Animal Management Plan 2022-2025, raised concerns around dog owners not cleaning up after their dogs, the damage caused to ovals by dogs and the risk of a sports player stepping in dog waste or injuring themselves due to holes dug by dogs.

Current Law

The current Local Law does not address dogs on sporting grounds.

Proposed idea

This idea is to help protect the amenity of our sporting grounds and the safety of our community by exploring management options for dogs on sporting grounds.

A new Local Law could explore creating restrictions for dogs on sporting grounds.