Bylaws Part 15: Recreational and Cultural Facilities

1.0

SHORT TITLE AND COMMENCEMENT

1.2

This bylaw comes into force on 1 October 2007 and the Recreational and Cultural Facilities Bylaw, being Part 15 of the former Hastings District Council Consolidated Bylaws 1995 is repealed.

2.0

SCOPE

2.1

The Council is empowered by the Local Government Act 2002 to make Bylaws. So far as they are applicable, and are not contrary to the provisions of this Bylaw, the provisions of the Introductory Bylaw 2005 are incorporated into and form part of this bylaw.

2.2

This bylaw is made under the authority of Sections 145 and 146 of the Local Government Act 2002.

3.0

DEFINITIONS

AUTHORISED OFFICER means the Manager, Community Services, or any person appointed by the Council to act on its behalf and with its authority.

BOARD means the Management Board of the Clifton Reserve Society Incorporated.

BOOK includes magazine, newspaper, periodical, pamphlet, or manuscript or other article of a similar nature, or any part whether it is written, audio, or visual form, or transmitted by electronic media.

BORROWER means any person to whom the Council has by registration or otherwise granted any licence or privilege to borrow.

BORROWER'S CARD means any card issued by the Librarian as a means of identification of any borrower from the library.

CLIFTON RECREATION RESERVE means the Clifton Recreation Reserve comprising – Section 7 Block II Kidnapper Survey District and Section 10 of Block V Clive Survey District being 11.5722 hectares more or less and all other lands that may hereafter become part of the Clifton Recreation Reserve.

COUNCIL means the Hastings District Council or a duly authorised officer of the Council.

CUSTODIAN, RANGER or WARDEN means any person for the time being appointed by the Council to control or supervise any reserve.

DEPARTMENT means the Department of Conservation.

DOCUMENT means any map, picture, or piece of music including a gramophone record or sound recording tape or compact disc, computer compact disc, broadsheet, card, cutting, photographic or negative film, microfilm or photocopy, whether the property of the Council or for the time being under the control of the Council.

FACILITY means any library, swimming pool, park or reserve administered by Council.

ITEM means any book, document, picture or map available for borrowing at any public library.

LIBRARIAN includes any person for the time being appointed to control or manage (or to assist in the control and management of) the library.

LIBRARY means any library established and carried on for the time being by the Council for use by the public or any section of the public, and includes every portion of any building used for such purposes, and includes a mobile library.

MAP includes a chart or plan or other article of a similar nature.

PARKING means the standing of a vehicle in any place for a period in excess of 5 minutes and PARK shall have a corresponding meaning.

PICTURE includes an engraving, etching, print or photograph or other article of a similar nature, and includes any rental picture available for hire.

POOL MANAGER means the person or a swimming pool trust appointed by the Council to manage any swimming pool and includes any attendant for the time being employed by the Council to control or manage or to assist in the control and management of any swimming pool.

RESERVE includes any open space, plantation, park, garden, playground or any other ground set apart for public recreation or enjoyment which is under the management or control of the Council.

SWIMMING POOL means any swimming pool under the control for the time being of the Council for use by the public or any section thereof and includes every portion of any premises used in connection with such purposes.

4.0

GENERAL

4.1

The Council may by resolution:

(a) Establish and fix fees for admission to any facility or part of any facility; excluding libraries (see section 4)

(b) Fix fees for the borrowing or loaning of items as appropriate;

(c) Determine the times that facilities or parts thereof shall be open to the public;

4.2

A person shall not:

(a) Pollute, damage or interfere with any facility or deface or disfigure any surface, structure, or exhibit within a cultural or recreation facility, including trees, shrubs and flowerbeds;

(b) Fail to comply with all reasonable requests of any officer on duty;

(c) Smoke or consume food within a facility except in areas where this is specifically permitted;

(d) Consume or supply any intoxicating liquor except in areas set apart for that purpose, or at an authorised function;

(e) Consume, inject or inhale any mind altering substance except as prescribed for a medical condition, or offer or sell such substances to any other person. For the purposes of this sub clause, the inhalation of a mind-altering substance shall include the act of what is commonly known as glue sniffing in its various forms and with its various constituents;

(f) Permit any animal controlled or owned by that person to enter a cultural or recreational facility except where expressly allowed by the Bylaw and or a special purpose dog;

(g) Enter a restricted area or an area set apart for staff without the permission of an Officer;

(h) Deposit or throw any litter, or any substance or article that is likely to be of a dangerous or offensive nature except in a place or receptacle provided for that purpose;

(i) Behave in any way that could interfere with or prevent another person's enjoyment of the facility.

4.3

A person who in the opinion of any duly authorised officer is not in a fit state to be admitted, shall not enter, or having entered, shall leave immediately when requested by an officer to do so.

4.4

Any person who in the opinion of a duly authorised officer is committing any breach of this Part of this Bylaw shall upon request of an officer leave immediately, but shall nevertheless be liable also to be prosecuted for the breach. A failure to leave on the request of an officer shall amount to a further offence.

4.5

The Council may restrict access by the public to certain areas at specified times for the private use of a particular organisation or for the holding of a private function.

4.6

If in the opinion of an authorised officer of Council any facility is being used or is likely to be used for any purpose which may result or be likely to result in riotous conduct or in civil disorder, the officer authorised by the Council in that behalf may by notice in any newspaper circulating in the district under its jurisdiction or by notice erected or displayed on the entrances to such reserve, declare such reserve to be closed for such period as deemed advisable.

4.7

No person shall enter or remain in such facility during such period of closing without the prior permission of an authorised officer of the Council.

4.8

The Council may close all or any portion or portions of any facility during such times as it thinks fit, and where charges may lawfully be made, may by resolution fix charges for the right to use such portions as are open to the public.

4.9

Every person who has, before the hour at which any exhibition, show, game, programme of sports, or other entertainment for which a charge is made is due to commence, entered any facility or part thereof without paying the prescribed charge for admission, shall before the commencement of such exhibition, show, game, programme of sports, or other entertainment either pay the proper charge for admission or leave such facility or part thereof.

4.10

No person shall enter or leave any facility except through the openings, gateways, entrances or exits provided, and any person, after opening any gate shall immediately securely close such gate.

4.11

No person shall obstruct any of the approaches, entrances, exits, thoroughfares, or walks of any facility, and (where gates are provided) no person shall enter any reserve except while they are open for the admission of the public.

4.12

No male other than a boy under the age of 5 years shall enter or use any place, room or building, in any facility set apart for the use of females nor shall a female over the age of 5 years enter or use any place, room or building in any reserve set apart for the use of males.

4.13

Any person who in the opinion of the custodian or any duly authorised officer commits a breach of any of the provisions of this Part of this Bylaw shall if so requested by an authorised officer supply his or her full name and address.

4.14

No child under the age of 5 years shall be allowed to enter or remain in any facility unless such child is accompanied by a person over the age of 16 years.

4.15

Nothing in this bylaw shall be deemed to limit or prevent the taking of proceedings under the Act, Regulation or Bylaw in respect of an offence committed within the Reserve.

4.16

Every person who commits a breach of this bylaw commits an offence and is liable accordingly to the penalty prescribed in Section 104 of the Reserves Act 1977 and the Local Government Act 2002.

PARKS AND RESERVES

5.0

CONTROL OF ACTIVITIES

5.1

Subject to the provisions of the Hastings District Council Dog Control Bylaw, no person shall take or allow any dog in his or her custody or charge or under his or her control to go within the limits of any reserve unless such dog is on a leash. The owner or person for the time being in charge of any dog found in any reserve without being so secured commits an offence against this Part of this Bylaw.

5.2

No dog, even if on a leash, shall be taken or be allowed to go within 10 metres of any pen containing any animal or bird, nor within a distance of 10 metres from the boundaries of any areas under the control of the Council set aside and patently prepared for organised games or sports.

5.3

No dog shall enter any water within any Reserve.

5.4

Any person who while having in his or her care or control any dog which fouls any part of any reserve with faecal matter, fails to immediately remove such faecal matter or otherwise satisfactorily abate such nuisance, commits an offence against this Part of this Bylaw.

5.5

No person shall park, ride or drive any motor vehicle or cart, motorcycle, power cycle or bicycle, or drive, ride, or lead any horse, or other animal on any area of any reserve except on those areas set aside specially for such purpose.

5.6

No person shall drive any motor vehicle or motorcycle or power cycle in any reserve at a speed in excess of 15 km/h.

5.7

No person shall drive any motor vehicle or cart or ride any motor cycle, power cycle or bicycle or horse or other animal in any reserve without due care and attention or without reasonable consideration for other persons using, or driving in the reserve.

5.8

No person shall drive or ride any animal or vehicle (whether propelled by mechanical power or not) within any reserve in such a manner as to cause damage to the surface or to any part of such reserve or other land.

5.9

No person shall post or interfere with any placard, sign, or notice board in on or about any reserve without the prior permission of an authorised officer of the Council, nor without such permission distribute any handbill or notice in a reserve or at any of the entrances.

5.10

No person shall bathe or wade in any water in any reserve except in any bath, swimming pool or paddling pool provided for that purpose.

5.11

No person shall light any fire except in a place specially provided by the Council for that purpose, or continue burning the same in a reserve after sunset without the consent of an authorised officer of the Council or the custodian. No person shall set fire to any vegetation in any reserve.

5.12

Any person who lights or uses a fire in a place specially provided by the Council for that purpose commits an offence unless such fire is totally extinguished before such person leaves the reserve.

5.13

No person shall put up or erect any stall, tent, camp, booth, swing, amusement device, or structure of any kind within any reserve except by permission of an authorised officer of the Council and then only in compliance with every condition under which such permission may be granted.

5.14

No person shall sell or offer for sale any article of food or merchandise or liquor, intoxicating or otherwise, or any kind of drink, or carry on any trade, pursuit, or calling within any reserve, without permission of an authorised officer of the Council, and then only in compliance with every condition under which such permission may be granted. Any custodian may take into his or her possession and retain, without liability, any intoxicating liquor, while the person carrying the same is in any reserve or facility.

5.15

No person over the age of 14 years shall use or occupy any swing, roundabout, slide, sandpit, seesaw, or any children's play apparatus installed or provided for the use of children in any reserve.

5.16

No person shall by any means whatsoever destroy, shoot, snare, injure, interfere with or take any animal, fish, bird, bird's nest or bird's egg, or attempt so to do, in or from any reserve without the prior permission of an authorised officer of the Council. Provided that in the case of any animal or bird protected by the Wildlife Act 1953 no such permission shall be granted unless and until the provisions of that Act have been complied with.

5.17

No person shall, within the limits of any reserve and except with the prior permission of an authorised officer of the Council, organise, hold, or conduct, or attempt to hold or conduct, any public meeting, gathering, fair or fete, or demonstration, or make any public address, or attempt to collect a crowd.

5.18

No person shall in any reserve interrupt or interfere with any person working therein.

5.19

The authorised officer of the Council in charge of reserves, and in his or her absence the custodian, may prevent any game being played therein which in his or her opinion is liable to damage the said reserve or anything therein, or which in his or her opinion is otherwise undesirable or unseemly.

5.20

No person shall play any game in any reserve except upon such portions thereof as shall be set apart for that purpose or as the custodian or authorised officer shall direct.

5.21

No person shall play at or engage in or practice activities or sports on any playing ground or part thereof on any reserve after being requested by the custodian or authorised officer to leave such playing ground or reserve or any part thereof, or when any notice is erected at the main entrance to such playing ground or reserve or on the particular part thereof bearing the words GROUND CLOSED TO PLAY whether alone or with any other words.

5.22

No person shall play or practise golf except on a reserve which the Council has by resolution set aside for that purpose.

5.23

No person shall within the limits of any reserve and without the prior permission of an authorised officer of the Council:-

(a) Take, use, or carry any firearm, axe or similar weapon or other instrument of a dangerous character, or any airgun or bow and arrow, trap or net or let off any fireworks; or

(b) Throw stones or other projectiles or missiles either by hand or by means of a catapult or other appliance.

5.24

Any custodian may take into his or her possession and retain while the person carrying the same is in any reserve, any of the articles referred to in 5.23 (a) above, without being liable for any claim arising therefrom.

5.25

No person shall from or in the airspace above any reserve fly any model aeroplane in a manner hazardous to the public and when directed to cease doing so by a duly authorised officer of the Council.

5.26

No person shall make use of any part of any reserve for the purpose of the landing thereon or flying therefrom of an aeroplane or of any kind of flying machine, hot air balloon, or glider except in case of emergency or in accordance with the prior permission of an authorised officer of the Council.

5.27

No person shall permit or cause wastage of water or permit any water tap to flow for a longer period than may be reasonably required for the filling of utensils for drinking, cooking, or washing purposes; nor shall any person in any manner pollute or otherwise render unfit for use for human consumption or otherwise any water supply in any reserve.

5.28

No person shall on any portion of any sea groyne or sea wall or of the Reserve break or cause to be broken any glass or pottery object or throw or deposit or cast or leave or cause to be thrown, deposited or left any such object (whether broken or not) or any tins, bottles, litter, rubbish or other article or thing likely to cause any nuisance or danger to public health or safety or detract from the general amenity of the area without written authority of the Council.

5.29

Unless authorised by the Council no person shall use, display, injure, destroy or otherwise interfere with any buoy or other appliance or sign or signal bell or warning device provided by the Council or by the Board unless such action is necessary for the purpose of protecting or saving life or such injury or destruction is caused while such buoy or other appliance or sign or signal bell or warning device is being used for such purpose.

5.30

No person shall obstruct or hinder or interfere with the carrying out of any lifesaving operations, practices, or demonstrations or with any persons engaged therein or in duties associated therewith.

5.31

No person shall, without the prior permission of any authorised officer of the Council, turn in or allow any cattle or other animal or poultry to wander or graze within the limits of any reserve.

PUBLIC LIBRARIES

6.0

RULES FOR CONTROL

6.1

The libraries and specified part or parts of the libraries shall be open and available to the public free of charge.

6.2

On completing and signing an application form every person residing in the Hastings District who produces some form of personal identification to support a claim for free enrolment, shall be entitled to membership free of charge and to borrow items provided that the Council may impose borrowing charges for particular items.

6.3

Any child under the age of sixteen wishing to borrow books or documents shall have an application form completed and signed on their behalf by a parent or guardian. Such parent or guardian shall be responsible for all books and documents borrowed by that child and shall sign an acknowledgement to that effect if required to do so by a Librarian.

6.4

Any person who does not qualify under Clause 6.2 to free membership of the Library may obtain a borrower's card on completion of an application form and payment of such fee as may be prescribed by Council resolution providing such person produces some suitable form of personal identification.

6.5

The Council may from time to time by resolution make rules:

(a) For determining the number of items to be lent to any one borrower to be held at one time;

(b) For determining the hours during which any item may be borrowed from any specified portion or department of the library;

(c) For determining the time to be allowed for the return of any item;

(d) For maintaining good order and conduct within the library.

6.6

No person shall be entitled as of right to borrow any item specified as a reference book or document. Provided, however, that a librarian may at his or her discretion permit any such item to be borrowed by any holder of a borrower's card subject to compliance with any conditions laid down by the Librarian.

6.7

No person shall take or borrow any item from a library except through the proper issue procedure.

6.8

Any person who is not named in any borrower's card, or duly authorised by the person so named, who shall make use of any such card for the purpose of obtaining any book or document from the library commits an offence against this Part of the Bylaw.

6.9

If any item is lost or returned torn, cut, soiled, written in, or with leaves turned down or otherwise damaged, the borrower shall pay to the Council such a sum of money as will replace such item or as will be a full compensation for any damage or loss caused.

6.10

No person owing any money to the Council above a limit specified by the Council, in connection with any library shall take out or borrow any item, and any Librarian may impound the borrower's card of any such person.

6.11

Every holder of a borrower's card shall notify any change of his or her address to a Librarian.

6.12

No person suffering from any communicable disease shall borrow, read, or use any item from the library or permit the same to be used by any other person suffering from any communicable disease.

6.13

Any person taking or attempting to take (other than as a borrower) any item, or other article from a library, and any person knowingly pledging, pawning, selling, or purchasing or advancing money on any such item or attempting to do so, commits an offence against this Part of this Bylaw.

6.14

No person shall:-

(a) While in a state of intoxication, or under the influence of drugs, or unclean in person or dress, or suffering from any communicable disease, enter, remain in, or use the library.

(b) Lie on any bench, chair, table, or floor in the library or sleep in the library.

(c) Interfere in any way with any other person lawfully using the library.

(d) While using the library fail to comply with all reasonable requests of any Librarian.

(e) Speak to any person or persons in any reading room or reference room so as to cause annoyance to others or read aloud in any such room or behave in a noisy or offensive manner in any part of the library.

(f) Bring any wheeled vehicle or conveyance other than an invalid chair, pram, pushchair or shopping trundler into the library without the consent or permission of a Librarian.

(g) Having brought into the library any article which in the opinion of a Librarian or other official of the library unduly interferes with the use of the library by the public, fail to remove such article immediately upon the request of such Librarian or official.

(h) Make any mark on, soil, damage, mutilate or deface any book or document belonging to the library.

(i) Make a copy of any book or document in breach of the Copyright Act 1994 and subsequent amendments.

(j) Turn down or extract any leaf or page of any book or document belonging to the library.

(k) Remove any number, label, or mark of ownership from, or cause or permit any damage or injury to, any book or document belonging to the library.

(l) Take any book or document out of any part of the library, whether to another part of the library or elsewhere, without the permission of a Librarian or

(m) While in the library fail at any time at the request of a Librarian to give his or her correct name and address and if under the age of 18 years to give also his or her correct age at the request of a Librarian.

(n) Use any of the library resources to access offensive or indecent publications or for illegal purposes.

6.15

Where in the opinion of the Librarian any person has contravened any of the provisions of this Part of this Bylaw relating to the library or has otherwise acted in an unlawful manner in the library, the librarian may exclude that person from the library for such period of time as the Librarian thinks fit.

SWIMMING POOLS

7.0

USE OF SWIMMING POOLS

7.1

If in the opinion of either the Council or the Pool Manager an emergency or other situation warrants the immediate closing for public use of any swimming pool or any part thereof, the Council or the Pool Manager as the case may be may forthwith close such swimming pool for use by the public until, in the opinion of the Council or the Pool Manager, such emergency or other situation ceases to exist.

7.2

The Pool Manager may refuse admission to any person to any part of any swimming pool which in the opinion of the Pool Manager is likely to become overcrowded.

7.3

No person shall gain or attempt to gain admission to any swimming pool without paying the proper charge or producing a ticket conferring a right to admission, shall gain or attempt to gain admission when the swimming pool is not open to such person, or shall use or attempt to use the swimming pool or any part of the pool, or any room, compartment, or convenience at the swimming pool contrary to any of the provisions of this Part of this Bylaw.

7.4

No person shall use or seek to use any changing room or compartment or shower bath before any person, who, in the judgment of the Pool Manager, is by priority of admission to the swimming pool entitled to prior admission to such changing room, compartment, or shower bath. No person shall use any shower, toilet or other part of any swimming pool in which only one person, with the exception of children under 5 years of age, is permitted at any one time, when occupied by any other person.

7.5

No person shall use or seek to use cameras and or mobile phones with camera (pixtel) in the changing rooms.

7.6

The Council may in its discretion, for such fees and under terms and conditions and during such periods as the Council may decide, grant rights or permission to use any swimming pool or part thereof for the purpose of coaching or teaching swimming with or without monetary reward and may refuse to grant or renew such rights or permission or cancel any such permission.

7.7

Children under the age of 8 years are required to be supervised by a person 16 years or older.

Behaviour

7.8

No person waiting at the swimming pool for admission to the changing room, or having dressed after using the swimming pool, shall go in, upon, or remain in or upon any part of the swimming pool intended for the use of persons actually bathing, to the obstruction, hindrance, or annoyance of any such bather.

7.9

No person shall:-

(a) Behave so as to be a nuisance or annoyance to persons lawfully within the swimming pool.

(b) Smoke or use tobacco or other substances, or chew gum, or consume any food, in any swimming pool except:

(1) In places authorised by resolution of the Council; or
(2) In staff rooms or other areas from which the public are excluded.

(c) Use any language which is, in the opinion of the Pool Manager, indecent, abusive or insulting.

(d) Spit in any part of the swimming pool.

(e) Throw any stone, sand, or any other matter, or splash any water within the precincts of the swimming pool so as to annoy or interfere with any person using the same.

(f) Use soap in any part of the swimming pool other than in the cleansing shower bath.

(g) Wring any swimming costume or towel above or into the swimming pool.

(h) Use any substance or preparation whereby the water in the swimming pool may be discoloured or rendered unpleasant, turbid, or unfit for the proper use of bathers.

(i) Wilfully or improperly foul or pollute the water in any swimming pool, or wilfully or improperly soil or defile any towel, or swimming costume, or any bathroom, changing room, closet box, or compartment, or any furniture or article therein.

(j) Carelessly or negligently damage or destroy any towel, swimming costume or other article supplied for use in the swimming pool.

(k) Without reasonable cause disturb, interfere with or remove any clothing or private property of any other person which for the time being has been left in any part of any swimming pool.

(l)

(i) Use in any swimming pool any kickboards, snorkels, goggles, or other swimming equipment except with the prior consent of the Pool Manager.

(ii) Jump, clown-dive, bomb, or speed-run in any pool set aside for diving, except in compliance with notices displayed.

(m)

(i) Dive from any part of any swimming pool other than from the immediate surround to any area of water set aside for swimming.

(ii) Run or indulge in boisterous or rough play, except supervised water sports.

(n) Loiter unnecessarily in any part of the swimming pool.

(o) Cause or make any undue noise, or

(p) Take into any part of the swimming pool any glass bottles or other containers made of glass. The Pool Manager shall have power to impound any such articles brought into the swimming pool.

7.10

No person who in the opinion of the Pool Manager is in an unclean condition shall enter the swimming pool or, having entered, shall fail to leave when requested by the Pool Manager so to do. Any person requested by the Pool Manager to use a shower bath before entering the water of any swimming pool shall comply with such request.

7.11

Every person shall for the whole of the time during which such person shall use or remain in any swimming pool, except while in any changing room, toilet, or shower, wear in a proper manner adequate and sufficient swimming costume, or be otherwise sufficiently dressed. The Pool Manager shall be the sole judge as to the adequacy or otherwise of any swimming costume and as to whether it is worn in a proper manner. Any person who offends against this clause shall when requested by the Pool Manager wear such swimming costume in a proper manner or change into adequate and sufficient swimming costume.

7.12

No person shall enter, remain in, or use any swimming pool:-

(a) When suffering from any communicable disease; or

(b) When wearing any medical dressing, bandage, sticking plaster, or any other adhesive material.

7.13

No person shall occupy any shower bath for more than 5 minutes on any one occasion.

7.14

Every person shall leave the swimming pool immediately upon the request of the Pool Manager over the public address system or by the sounding of a warning device.

7.15

Any person finding any article which may have been left in any bathroom or changing room or in any other part of the swimming pool shall immediately after finding such article deliver the same to the Pool Manager or other person acting on his or her behalf. Any property not claimed within 3 months of the date of being handed in may be disposed of in such manner as the Council thinks fit.