Bylaws Part 19: Traffic and Parking Enforcement

1.0

SHORT TITLE AND COMMENCEMENT

1.2

This bylaw comes into force on 1 October 2007 and the Traffic and Parking Enforcement Bylaw, being Part 19 of the former Hastings District Council Consolidated Bylaws is repealed.

2.0

SCOPE

2.2

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

3.0

DEFINITIONS

CONTAINERS means bins used for collection of litter and/or refuse, and shipping containers used for promotional purposes, delivery of products or removal of household effects.

CONSTABLE means a sworn constable of the New Zealand Police and includes any other person whose appointment as a traffic officer is approved by the Minister of Transport, and also includes a Parking Enforcement Officer.

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

DULY AUTHORISED OFFICER means a Council officer authorized and warranted to administer and enforce the Hastings District Council Bylaws.

GOODS SERVICE LOADING ZONE means any road, public place, or other area (or portion of) authorised as a place where goods service vehicles may park for a limited time as indicated.

GOODS SERVICE VEHICLE means any truck, van, utility or station-wagon with rear seats removed or permanently bolted down designed exclusively or principally for the carriage of goods.

LIMITED PARKING ZONE means any road, public place, or other area (or portion of) under the control of the Council authorised as a place where vehicles may park for a limited time.

LOADING ZONE means any road, public place, or other area (or portion of) under the control of Council authorised as a place where any type of vehicle may stop as long as it is being loaded or unloaded and the vehicle is not left unattended for more than the time indicated.

MAXIMUM AUTHORISED PERIOD means the maximum period of time for which any person may lawfully permit any vehicle to be in any parking place or metered zone.

METERED SPACE means a parking space within a metered space zone.

METERED SPACE ZONE means a space or section of a road or public place, or other area under the control of the Council, identified by painted lines for the accommodation of a vehicle and at which space or section a parking meter or ticket machine has been installed, including a pay and display meter.

METER TICKET means a ticket issued by a ticket machine indicating the time for which a vehicle may be parked in a metered space zone.

MOTOR VEHICLE

(a) Means a vehicle drawn or propelled by mechanical power; and

(b) Includes a trailer; but

(c) Does not include-

1. A vehicle running on rails; or
2. A trailer (other than a trailer designed solely for the carriage of goods) that is designed and used exclusively as part of the armament of the New Zealand Defence Force; or
3. A trailer running on 1 wheel and designed exclusively as a speed measuring device or for testing the wear of vehicle tyres; or
4. A vehicle designed for amusement purposes and used exclusively within a place of recreation, amusement, or entertainment to which the public does not have access with motor vehicles; or
5. A pedestrian-controlled machine; or
6. A vehicle that the Director of Land Transport has declared under section 168A of the Land Transport Act 1998 is not a motor vehicle; or
7. A mobility device.

PARKING:

(a) Means the stopping or standing of a vehicle on any portion of a road or any other area under the control of the Council where it is for the time being governed by the location of parking meters or a ticket meter for any period exceeding 5 minutes; and

(b) Means the stopping or standing of a vehicle on that portion of the road or area in relation to any other portion of a road or other area under the control of the Council.

PARKING FEE means the fee payable for parking in a metered space and prescribed by resolution of the Council.

PARKING METER means a mechanical or electronic appliance designed for the purpose of automatically measuring and indicating the time within which a vehicle is, or may be parked at a metered space and includes the standard to which the meter is affixed, and a pay and display meter.

PARKING ENFORCEMENT OFFICER means an officer appointed by the Hastings District Council for the enforcement and control of traffic and parking in accordance with this Bylaw, and the Land Transport Act 1998 the Transport Act 1962 and the Traffic Regulations 1976.

PARKING PLACE means a place (including a building) where vehicles or any class of vehicles may park.

PARKING SPACE means a space or section of a road or public place or other area under the control of the Council.

PRESCRIBED COIN means a coin of New Zealand prescribed by resolution of the Council as the fee payable for parking at a metered space.

RESTRICTED METERED ZONE means any metered area in which the Council has by resolution declared that there shall be a maximum authorised period.

ROAD includes—

1. A street; and
2. A motorway; and
3. A beach; and
4. A place to which the public have access, whether as of right or not; and
5. All bridges, culverts, ferries, and fords forming part of a road or street or motorway, or a place referred to in paragraph (d):
6. All sites at which vehicles may be weighed for the purposes of this Act or any other enactment:

TICKET METER or TICKET MACHINE means a mechanical or electronic appliance erected in any ticket meter zone, designed for the purpose of issuing meter tickets, and includes the standard to which the ticket meter is affixed and any sign on, or attached to, the meter.

TICKET METER ZONE means any area declared from time to time by resolution of the Council to be a ticket meter zone.

VEHICLE means a contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved; and

(a) Includes a hovercraft, a skateboard, in-line skates, and roller skates; but

(b) Does not include-

1. A perambulator or pushchair:
2. A shopping or sporting trundler not propelled by mechanical power:
3. A wheelbarrow or hand-trolley:
4. A pedestrian-controlled lawnmower:
5. A pedestrian-controlled agricultural machine not propelled by mechanical power:
6. An article of furniture:
7. A wheel-chair not propelled by mechanical power:
8. Any other contrivance specified by the Land Transport Act 1998 not to be a vehicle for the purposes of this definition:
9. Any rail vehicle:

4.0

STOPPING, STANDING OR PARKING OF VEHICLES

4.1

The Council may from time to time by resolution, and subject to the erection of any signs required under the provisions of the Land Transport (Road User) Rule 2004 permit, restrict or prohibit the stopping, standing, or parking of vehicles or any type or class of vehicle on roads or portions of roads, or carparks, or other areas under the control of the Council:

(a) Absolutely

(b) On certain days of the week

(c) For limited periods of time between certain hours of any day or days of the week.

(d) At an angle to the kerb-line or otherwise.

4.2

The Council may make such charges for the use of areas set aside by Council as parking spaces as may be prescribed by resolution of the Council from time to time.

4.3

The Council may from time to time by resolution revoke, amend or vary any such resolution or resolutions.

4.4

The Council may reserve any parking place for the exclusive use of vehicles driven by or carrying disabled persons, and displaying an operation mobility card/permit either generally or at specific times. Every reserved space shall be indicated by appropriate signs.

4.5

Council may specify areas to be set apart solely for the parking of motorcycles. No vehicle other than a motor-cycle may be permitted to park in such a motorcycle parking space.

4.6

No person shall stop a vehicle so that any part of such vehicle or the load on the vehicle remains upon or over any footpath or vehicle crossing, or stop on any accessway or footpath reserved for pedestrians including areas set aside as a pedestrian Mall, unless prior written permission has been obtained from the Council.

4.7

No person shall drive or ride any vehicle or animal, or lead any animal (excluding a dog) on or along any accessway or footpath reserved for pedestrians, or any part of, or on any lawn, garden or other cultivation forming part of a road. The driving or riding of a vehicle into a vehicle entrance over a footpath by means of a crossing which is constructed in accordance with the Bylaws of the Council shall not be an offence under this clause. This clause shall not apply to any perambulator (pram), pushchair, children's tricycle, hand pushed trolley, shopping trundler or wheelchair.

4.8

Driving or Parking on Council Property

No person other than a person authorised by the Council or its authorised agent shall drive a vehicle on to or allow any vehicle to stand or remain on any property of or under the control of the Council, except roads or any area authorised by the Council as a parking space.

The owner or driver of any vehicle driven on to or allowed to stand or remain on any such property in contravention of this clause shall on demand by any Constable, Parking Enforcement Officer, or Duly Authorised Officer remove such vehicle from such property immediately.

4.9

No person being the driver or in charge of any vehicle shall stop, stand or park such vehicle on any prepared grass berm so as to cause, or to be likely to cause damage to ornamental grass plots, shrubs, or flower beds laid or planted on the road.

5.0

LOADING ZONE AND GOODS SERVICE LOADING ZONE

5.1

The Council may from time to time by resolution and subject to the erection of any signs required by the Land Transport (Road User) Rule 2004, or any regulations made thereunder:

(a) Determine that any part of a road which shall be defined in such resolution shall be a "Loading Zone" or "Goods Service Loading Zone" for the purposes of this Part of this Bylaw.

(b) Prohibit, limit, or restrict the stopping, standing, or parking of vehicles other than those required for the loading or unloading of goods or passengers in any Loading Zone.

(c) Prohibit the parking of any vehicles in any Loading Zone in excess of a period fixed by such resolution.

5.2

No vehicle, other than a Goods Service Vehicle shall stand or park, whether attended or unattended in any Goods Service Loading Zone.

5.3

No person or driver in charge of any vehicle shall stop, stand, or park such vehicle whether attended or unattended in any Loading Zone except in conformity with the terms of the Loading Zone or Goods Service Loading Zone.

6.0

CONTAINERS AND VEHICLES ON ROAD

6.1

No person shall use or place or leave upon any road, private road, or public place any container such that, in the opinion of a duly authorised officer of Council, an obstruction or traffic safety hazard is caused or likely to be caused.

6.2

No person shall without the permission of the Council leave in or upon any road or public place any vehicle for a period exceeding seven days.

6.3

No person shall cause or permit any motor vehicle to remain stationary on or in any road, or part of a road, for the purpose of sale.

6.4

No person shall keep or leave on any road any vehicle used in connection with a trade or business.

7.0

IMPOUNDING AND REMOVAL

7.1

If any vehicle is not removed within the period specified in clause 6.2, or if a vehicle is not made complete and in working order to the satisfaction of a Constable, Parking Enforcement Officer, or Duly Authorised Officer within the specified period, then a Notice of Intention to Impound such vehicle may be placed on the vehicle. The vehicle may be removed or impounded by order of a duly authorised officer of Council at the expiration of 24 hours from the placing of the Notice.

7.2

Notwithstanding clause 7.1 if any vehicle or container, on any road or public place under the control of Council is in the opinion of a Constable, Parking Enforcement Officer or Duly Authorised Officer of Council an obstruction or traffic safety hazard, or it is considered that removal of the vehicle is desirable in the interests of road safety or for the convenience, or in the interests of the public, the Officer may require action to remove the vehicle or container, or the same may be removed or impounded immediately.

7.3

If any such trailer or caravan or other vehicle so removed under the provisions of clause 7.1 or 7.2 is not claimed and the expenses of removal and/or of storage are not paid by the owner or some other person having an interest therein within 14 days after the date of removal or impounding a duly authorised officer of Council may treat the vehicle as abandoned.

8.0

PARKING

8.1

(a) The Council shall by resolution establish and mark out, or cause to be established and marked out metered spaces in all parking zones.

(b) Parking meters and ticket meters shall clearly indicate the time allowed for parking in such metered space and the prescribed coin or coins.

(c) The extremities of each metered space shall be clearly indicated by white lines painted on the ground.

Restricted Metered Zones

8.2

The Council may from time to time by resolution:

(a) Declare the whole or any portion or portions of any land owned or under the control of the Council to be a ticket meter zone or metered space zone.

(b) Declare the number of metered spaces to be established or maintained within a ticket meter zone.

(c) Declare the days and times that fees shall be payable for parking in such metered spaces.

(d) Fix the fees payable for the parking of vehicles within the metered spaces.

(e) Fix the prescribed coin or coins payable as the fee for the parking of vehicles at metered spaces pursuant to this clause.

8.3

No driver or person in charge of any vehicle shall cause or permit, such vehicle to be in any metered space situated in any restricted metered zone after the expiration of the maximum authorised period for that metered space.

8.4

No driver or person in charge of a vehicle shall, after the expiration of the maximum authorised period for the metered space, deposit or cause to be deposited in the parking meter or ticket meter any additional prescribed coin or coins so as to remain in the metered space after the expiration of the maximum authorised period.

Method of Parking

8.5

No driver or person in charge of a vehicle shall park such vehicle in a metered space across or on any line marking the metered space or in such a position that the said vehicle shall not be entirely within the area designated as a metered space. Where by reason of its size any vehicle cannot be completely contained within such area and should a parked vehicle by reason of its size occupy or encroach on more than one metered space the driver or person in charge of such vehicle shall be liable for a parking fee in respect of each metered space so occupied or encroached on.

8.6

No driver or person in charge of a vehicle shall park any vehicle in a metered space which is already occupied by another vehicle. Provided however, that it shall be lawful for any number of motor cycles (including motor cycles with side cars attached) but no other vehicle, or occupy any metered space at the same time.

Provided further that where more than one motor cycle occupies a metered space it shall not be necessary for the payment of more than one parking fee, but no such motor cycles shall remain parked in the metered space, after the expiration of the maximum authorised period.

8.7

Where more than one motor cycle is parked in a metered space showing a time expired meter, the person in charge of each motor cycle shall be held to be severally liable and therefore to have committed an offence.

8.8

The driver or person in charge of any vehicle shall park the vehicle so that it shall be headed in the general direction of the movement of traffic on the side of the road on which the vehicle is parked. Also the vehicle shall be parked entirely within the metered space parallel to the lines marking the limits of the parking space, as close as practicable to the kerb.

8.9

If a metered space is on any land other than a road, the driver or person in charge of any vehicle parking in such space shall park the vehicle in such a manner that it is entirely within the metered space and parallel to the lines marking the limits thereof and except in the case of motor cycles or power cycles, as close as is practicable to the end of the metered space furthest from the point of entry to such metered space.

8.10

When any vehicle shall be parked in a metered space, the driver or person in charge of such vehicle shall immediately deposit or cause to be deposited in the parking meter or ticket meter installed, the prescribed coin or coins as indicated on the parking meter or ticket meter as a parking fee and take such action as may be necessary to set the parking meter or ticket meter in operation.

8.11

The driver or person in charge of such vehicle may without any payment park in a space during such time (if any) as may be indicated on the parking meter as being unexpired from its previous use.

8.12

Any meter ticket shall be placed on the dashboard of the vehicle so that the numbers printed on the ticket are readily visible to any officers.

8.13

Council may temporarily discontinue any metered space as a parking space and place or erect, a sign, meter hood, or other device indicating 'NO PARKING", "NO STANDING" or "NO STOPPING" at such metered space or spaces while such sign or device is so placed or erected.

8.14

Whenever the use of any metered space is temporarily discontinued, any contractor or other person using the space shall pay to the Council during such period of temporary discontinuance such fee as shall be fixed from time to time by the Council.

8.15

Council may charge a bond for the provision of meter hoods or other devices for indicating the temporary discontinuance of metered spaces. This bond to be an amount fixed from time to time by resolution of Council and refunded upon return of meter hoods or other devices to the satisfaction of a duly authorised officer of Council.

8.16

Council may permit the use of any such space for the parking of vehicles in connection with any building or contracting operations, and such use shall not be deemed to be an offence under this Part of this Bylaw.

8.17

No person shall deposit or cause to be deposited in any parking meter anything whatever other than the prescribed coin or coins.

8.18

The driver, or person in charge of any of the following vehicles shall be exempt from the provisions of this Part of this Bylaw relating to parking meters:

(a) A vehicle used as an ambulance and being at the time used on urgent ambulance service.

(b) A vehicle used by the Fire Service for attendance at fires and at the time engaged at an outbreak of fire.

(c) Any vehicle driven or ridden by a Constable or Parking Enforcement Officer in the course of his or her official duties.

(d) Such other vehicles or classes of vehicles as the Council may by resolution from time to time exempt, subject to such limitations as the Council may prescribe by the said resolution. It shall be unlawful for any person to display in or on any vehicle any card, sticker, or certificate purporting to provide for any exemption from the provisions of this Part of the Bylaw unless such card, sticker or certificate has been duly authorised and be the signature of an officer authorised by the Council.

9.0

TRAFFIC SAFETY

9.1

No person shall cause or permit to be erected or maintained on any building, erection, motor vehicle or public place in the vicinity of any intersection or any pedestrian crossing, any notices or lights or signs, whether illuminated or not, or signals which may confuse traffic or interfere with traffic control, or safety unless consent has been granted under this Bylaw or any other Bylaw, or pursuant to the District Plan under the Resource Management Act 1991.

9.2

No person shall drive a vehicle on any road in such a manner as to interfere with or obstruct any funeral or civic or state procession authorised by the Council or under any Statute or Regulation.

9.3

No person shall drive any vehicle -

(a) Over any hose in use for the time being in connection with an outbreak or alarm of fire unless hose bridges are provided or if the driver is directed so to drive by a traffic officer, Constable or any member of the Fire Service.

(b) In such a manner as to hinder or obstruct any member of the Fire Service engaged in connection with any outbreak of fire.

9.4

The Council may from time to time by resolution and subject to the erection of any signs required by the provisions of the Land Transport (Road User) Rule 2004 thereunder:

(a) Prohibit the riding or driving of vehicles or animals on any road or portion thereof except in one direction as specified in such resolution.

(b) Revoke, amend or vary any such prohibition.

9.5

No person shall ride or drive a vehicle or animal on any road or portion of a road, which from time to time by any such resolution shall be reserved for traffic in any one direction, otherwise than in that one direction.

9.6

The Council may from time to time by resolution and subject to the erection of any signs required by the provisions of the Land Transport (Road User) Rule 2004, and any relevant regulations, prohibit the turning of vehicles on any road or portion of road, impose any conditions in relation to turning, and revoke, amend, or vary any such resolution.

9.7

No person being the rider or driver of any vehicle shall turn such vehicle on any road or portion of road contrary to any such prohibition, or otherwise than in compliance with any such conditions unless such rider or driver was acting in accordance with directions given by a Constable.

9.8

No person shall operate or park any vehicle on a road if such a vehicle is in such a condition that an undue quantity of oil, grease, or fuel drops from such vehicle.

9.9

The Council may from time to time by resolution:

(a) Cause to be placed or marked on or erected on any road or parking space, traffic directions or signs.

(b) Revoke, amend or vary any such directions or signs and cause such directions or signs to be cancelled or removed.

10.0

OFFENCES

10.1

Any vehicle which is parked in a parking space, transport station, public place or road, or other area under the control of the Council, in any manner not in conformity with this Bylaw or resolutions passed thereunder, may be removed by or at the request of any Parking Enforcement Officer, Constable or Duly Authorised Officer of the Council to such nearby lawful place for vehicle parking, or to any Council vehicle pound, or to any yard in the District occupied by any person, firm or company engaged by such officer to remove such vehicle, as he or she shall think fit. Such vehicle may be detained there by Council or the person, firm or company until the reasonable costs associated with such removal are paid by any person lawfully entitled to the possession of the vehicle.

10.2

The powers that may be exercised under this clause are in addition to those provided in Schedule 2A Section 68BA of the Transport Act 1962 and Sections 356 and 591A of the Local Government Act 2002.

10.3

No person shall place or leave a motor cycle, power cycle or cycle on or against a parking meter, or place or leave a cycle on any parking space. The Council may authorise the removal of any cycle left in a parking place or any motor cycle, power cycle or cycle left leaning against a parking meter in contravention of this Part of this Bylaw. The person in charge or owner of the motor cycle, power cycle or cycle may be required to pay to the Council any costs associated with such removal.

10.4

Any Constable or duly authorised Officer of the Council may exercise the powers set out in this clause in respect of any vehicle parked in a manner not in conformity with any signs, parking meters, or other method of parking control on any other land vested in or under the control of the Council.

10.5

Every person commits an offence against this Part of this Bylaw who:

(a) Fails to comply in all respects with any prohibition, or restriction, or direction, or requirement indicated by the lines, domes, zones, markings, parking or ticket meters, traffic signs or lights, or other signs or notices, laid down, placed, or made, or erected, in or upon any road, or other area controlled by the Council in the District by any provision of this Part of this Bylaw, or of any resolutions made under this Bylaw.

(b) Fails to comply with any condition, duty or obligation imposed by this Part of this Bylaw, or of any resolutions made thereunder.

10.6

For the avoidance of doubt it is hereby declared that any breach of Section 8 of this Bylaw is a "parking offence" as defined in Section 42 of the Transport Act 1962 and also an "infringement offence" as defined in Section 42A of the Transport Act 1962 in respect of which any Parking Enforcement Officer of the Council may issue an Infringement Notice.

11.0

DEFENCES

11.1

It shall be a defence to any person who is the rider or driver, or is in charge of any vehicle and who is charged with a breach of this Bylaw if the person proves that the act complained of was done to avoid other traffic, or in compliance with the directions of a Constable, Duly Authorised Officer, Traffic Control Signal, or Traffic Sign or that the vehicle was engaged on a public work and was being used with due consideration to other road users.