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Consultation details

Have your say the draft street use and public places bylaw 2018

Event date: 2/07/2018 10:00 a.m. - 2/08/2018 5:00 p.m. Export event

Bylaws help make sure people can live, work and play in Tauranga safely and free from nuisance. They protect Tauranga’s environment and people’s enjoyment of public places, and allow us to minimise the potential for offensive behaviour.

We are currently reviewing the bylaw that governs activities such as trading in public places, erecting temporary or permanent structures, and placing tables, chairs and signs on footpaths. It also includes proposed rules around begging and rough sleeping.

Have your say by 5pm on Thursday, 2 August 2018
 

Draft street use and public places bylaw 2018 (3mb pdf) Statement of proposal (36kb pdf)
 

This is a formal consultation. Hearing of submissions will take place on Tuesday, 14 August 2018. We’ll use your feedback to propose a final revised bylaw for adoption by Council by the end of the year.

If you have any questions please contact the strategic policy and planning team on 07 577 7000 or info@tauranga.govt.nz

We want to ensure you can enjoy public places in Tauranga safely and free from nuisance, so we asked you what spoils our public places for you. 

We have used your feedback to propose changes to the bylaw. The proposed changes include a number of topics, as listed in the table below, arising primarily from an increasing and changing use of public places in Tauranga. 

This formal consultation process is the last opportunity to have your say before the changes become law.

Proposed changes to the bylaw, and why we want to make them

Proposed change: Addition of a definition of begging: “Begging means soliciting for money or goods for private benefit” Addition of two new clauses: (a) “No person shall beg in a public place in a manner that is likely to cause intimidation, harassment, alarm, or distress to any reasonable person.” and (b) “No person shall beg within five metres of a retail or hospitality premises.
Why: To address the anti-social behaviours of begging, and to target the negative impact it has on businesses and the wider community. To protect retailers and restaurant owners who are regularly exposed to beggars occupying the area in front of their premises. It is not intended to be implemented in isolation, but as a package of tools to address begging and anti social behaviours.

Proposed change: Addition of a definition of rough sleeping: “Rough sleeping is defined as sleeping on the streets, pavements, doorways and anywhere other than in approved accommodation, with the exception of where council has given approval.” Addition of a new clause: “No person shall rough sleep within five metres of a retail or hospitality premises.” To protect retailers and restaurant owners who are regularly exposed to rough sleepers occupying the area in front of their premises.
Why: Council will continue to work with other organisations across the city on initiatives to assist and support those in need. 

Proposed change: Businesses can place furniture on the street, but it must be removed if requested by council for various reasons. Health and safety of the public is now included as a reason for requesting removal.
Why: To protect the public from nuisance and maintain public health and safety.

Proposed change: Merchandise displays can be in public places but must be removed if requested by council for various reasons. Health and safety of the public is now included as a reason for requesting removal.
Why: To protect the public from nuisance and maintain public health and safety.

Proposed change: Merchandise displays must be removed from the footpath outside the business’ hours of operation, between 3am and 7am and when requested by council.
Why: To protect the public from nuisance and maintain public health and safety.

Proposed change: The fine for riding a skateboard, scooter, roller skates or similar in our main centres has been reduced to $55 (from $750).
Why: To better reflect the severity of the offence, and to align with other similar traffic offences, such as not wearing a helmet.

Proposed change: Real estate signs must be removed within two weeks of the property been sold.
Why: To reduce visual pollution and align with the Tauranga City Plan.

Proposed change: Local election signs can be displayed up to six weeks before polling day, whereas general election signs can be displayed up to nine weeks before polling day.
Why: To differentiate between the requirements for local election signs and general election signs.

Proposed change: Council permission is required for promotional events/activities offering free goods and services in public places.
Why: To align with the rules for businesses offering goods for sale or services and reduce litter experienced from these activities. 

Proposed change: Council permission is required for commercial filming in public places.
Why: To ensure the filming doesn’t create a nuisance or hazard to the community.

Proposed change: Clarify that council has the ability to issue fines under the Litter Act 1979.
Why: To clarify the penalties and council’s enforcement powers. 

Proposed change: Council can remove any construction, material or thing in a public place that breaches the bylaw, and recover the cost from the person who committed the breach.
Why: To protect any damage or misuse of public places.

We’re also proposing various other minor amendments for clarity and consistency.

Begging and rough sleeping
The mayor and councillors voted to include restrictions on begging and rough sleeping in the draft bylaw for consultation. They now want your feedback to find out if the public supports this decision, and if the proposed wording in the bylaw needs to be refined. New Zealand Police is unable to enforce provisions around begging and rough sleeping. This is your chance to have your say.

Skateboards, scooters and roller skates
It’s prohibited to ride skateboards, scooters and roller skates in public places in our main centres (city centre, Mount Maunganui and Greerton). For many people, these are convenient forms of transport that make it easy to move around without needing to drive a car. Should we allow people to travel on the footpaths and roads through our main centres on skateboards, scooters and roller skates?
What about bikes? Rules around where you can ride your bike is covered by the Land Transport Act 1998, not our bylaw.

What about bikes?
Rules around where you can ride your bike is covered by the Land Transport Act 1998, not our bylaw.

Posted: Jun 27, 2018,
Categories: Consultation, ,

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