In this Bylaw, unless inconsistent with the context:
ALCOHOL has the meaning given to it in the Sale of Sale and Supply of Alcohol Act 2012.
AMUSEMENT DEVICES means any mechanically powered unit that is used for rider entertainment. Includes but is not limited to traditional fairground machinery (eg. merry go-rounds, ferris-wheels, roller coaster), motorised vehicles (e.g. bumper boats, bumper cars, indoor go-karts and mini bikes) and adventure seeking activites (e.g. Bungy jumping, extreme swings, etc).
AMUSEMENT GALLERY includes any indoor establishment or premises to which the public is admitted which is used for active entertainment and includes a billiard saloon, a bowling or skittle alley (including tenpin bowling), a shooting gallery or an area containing machines activated by the insertion of a coin, but excludes a building which houses only one or two of the last mentioned machines as an accessory use to another lawful use of that building.
ANIMAL means stock, poultry and any other vertebrate animal of any age or sex.
APPROVED RECEPTACLE means any Council approved receptacle for refuse and/or recycling collection, and may include specified bags, bins or other containers.
AUTHORISED COUNCIL OFFICER means any person appointed or authorised by Council to act on its behalf and with its authority including a Police Constable.
BUSKING means transient street entertaining and performing for donations.
BYLAW means a Bylaw of Council for the time being in force, made under the provisions of any Act or authority enabling Council to make Bylaws.
CEMETERY means any cemetery vested in or under the control of Council but excludes any closed cemetery.
CERTIFIED SELF CONTAINED VEHICLE means a vehicle that meets the New Zealand Standard for Self-Containment of Motor Caravans and Caravans, NZS 5465:2001. A certified self-contained vehicle meets the ablutionary and sanitary needs of the occupants for a minimum of three days, without requiring any external services or discharging waste. A self-containment certificate, displayed warrant card, and blue responsible camper sticker demonstrate compliance with the minimum requirements of the Standard. Under the Standard, it is a requirement for a vehicle to display the warrant card and provide the certificate on request, in order to remain certified. Displaying the blue responsible camper sticker does not verify certification.
COMMERCIAL ADVERTISING SIGNAGE means signs designed to inform the public of a good, product or service available from an enterprise and includes signs advising of shops, recreational opportunities, accommodation, industries, services such as banks and real estate agents and providers of regular recreational products such as ski fields and mountain bike and river products. Commercial signs include signage associated with local body elections. Includes verandah signs, trailer or vehicle mounted signs, footpath signs, banners, and flags.
COMMERCIAL OR INDUSTRIAL REFUSE means any refuse resulting from the carrying on of any trade, business, commercial activity, manufacturing, processing, hotel, motel or boarding house (but excluding apartment buildings) or other undertaking.
CONTROL (in relation to dogs) means restrained by a collar or leash by the person responsible for the custody of the dog. In an Exercise Area control may mean that the dog is under the command control of its owner. (See OWNER).
CONTROLLING AUTHORITY is an organisation that has designated control over a particular area or resource. For the purposes of this bylaw the following are considered as Controlling Authorities: New Zealand Transport Authority, New Zealand Police, New Zealand Defence Force, Ruapehu District Council, Manawatu-Wanganui Regional Council (Horizons), Heritage New Zealand, Department of Conservation, New Zealand Fish and Game and Kiwi Rail.
CONTROLLING AUTHORITY SIGNAGE means signs erected by a controlling authority for the purposes of information, advice, traffic control, warning, or welcome. The following are included as Controlling Authority Signage:
(a) Information Signs:
Signs providing information, including; safety instructions, warnings, and directory information.
(b) Traffic Control and Advisory Signs:
Signs solely for the purpose of directing or controlling traffic located on roads conforming with nationally recognised standards approved by the road controlling authority.
(c) Welcome to Signs:
Signs advising people of an upcoming region, district or township and shall not include the display of material associated with commercial enterprises such as logos, brand names or listening frequencies, but may provide information to the community on an upcoming community event.
(d) Warning signs:
Signs advising people of an environmental danger in the immediate vicinity that they are exposed to in a manner greater than the general public, and may contain information on how to avoid or minimise their exposure to that danger. For the purposes of clarification warning signs include signs erected on a ski field for its safe and efficient operation, and may contain information identifying the party erecting the sign.
(e) Angler Access/Information Signs
Means signs erected on behalf of Fish & Game New Zealand at access points to fisheries, which include information on access, fishing regulations or aquatic pests.
(f) Signs Identifying a Site of Special, Scenic, Historic or Cultural Interest.
CORROSIVE means a substance which electrochemically oxidises metals. For example, acids or alkali substances have corrosive properties.
COUNCIL refers to the Ruapehu District Council.
DISTRICT means the district within the jurisdiction and under the control of Council.
DWELLING includes any house, tent, vehicle or other structure, whether permanent or temporary, and whether attached to the soil or not, used in whole or in part for human habitation, and includes the land belonging to a dwelling.
EXPLOSIVE means a reactive substance that contains a potential energy which can be released suddenly. Substances which may cause explosions are those containing:
(a) Chemical energy, such as nitroglycerine or grain dust.
(b) Pressurised compressed gas, such as a gas cylinder or aerosol can.
(c) Nuclear energy, such as in the fissile isotopes uranium235 and plutonium239.
(d) Pyrotechnic compounds as found in gas pressure blasting devices and fireworks.
FERAL CAT means any live cat that is not kept by a person or household. Where the cat keeper cannot be identified, the cat is deemed to be feral.
FIXED SIGNS or SIGNAGE means signs that are fixed in place and not moved on a regular basis such as roadside billboards (See also COMMERCIAL ADVERTISING SIGNS).
FOOD shall have the meaning given to it in the Food Act 2014.
FOOD BUSINESS shall have the meaning given to it in the Food Act 2014 but shall not include occasional food premises.
FOOD HANDLER means any person employed in or on any food premises that at any time may be involved in the manufacture, preparation or packing of food.
FREEDOM CAMPING shall have the meaning given to it in the Freedom Camping Act 2011.
GANTRY means a framework of steel bars raised on side supports to bridge over or around something.
HAZARDOUS SUBSTANCES means any substances specified in Schedule 4 of this Bylaw.
HOARDING means a temporary wooden fence around a building or structure under construction or repair.
HOUSEHOLD REFUSE means any refuse arising or resulting from domestic housekeeping operations but does not include garden refuse, hot ashes or any other refuse prohibited in this Bylaw.
INFLAMMABLE means substances that are not easily ignited and/or capable of burning rapidly.
ITINERANT TRADER means any person who does not own or have a lease over a premises for a period greater than six months and sells any goods or services.
LICENSED means holding a licence under this Bylaw or under any statute.
LIMIT means restrict.
LITTER shall have the meaning given to it in the Litter Act 1979.
LOCAL BODY ELECTION SIGN means a sign erected for the purposes of electoral campaigning for the following organisations in local elections: Ruapehu District Council, Horizons Regional Council, District Health Boards, or other elections that are not Central Government related.
MATERIAL means any material of whatever kind and includes bins and other containers for waste material, advertising or amusement devices, tables, chairs and display stands, but excludes:
(b) Anything used for the purpose of refuse or other collections authorised by Council.
MOBILE SHOP means a vehicle on the road reserve, whether self-propelled or not, from which services, goods, wares, or merchandise, including food, are:
(b) exposed for sale,
(c) ordered, but does not include any vehicle used to transport and deliver such goods or services.
NUISANCE shall have the meaning given to it in the section 29 of the Health Act 1956 and its amendments.
OCCUPIER means the inhabitant occupier of any property. In any case where a building, house, tenement, or premises is unoccupied the occupier shall be deemed to refer to the owner.
OFFENCE includes any act or omission in relation to any part of this Bylaw for which any person can be punished either on indictment or by summary process.
OWNER (in relation to an ANIMAL) means every person who:
(a) Owns an animal or stock.
(b) Has possession, or is in charge of an animal whether or not it is at large.
(c) Is the parent or guardian of a person under the age of 16 years who is:
(i) The owner of the animal under paragraph (a) or (b); and
(ii) a member of the household of that parent or guardian; and
(iii) living with and dependent on that parent or guardian.
This definition does not include a person who has seized or taken custody of an animal for a period less than 72 hours for the purpose of preventing that animal causing damage or for the purpose of restoring a lost animal to its owner.
OWNER (in relation to PROPERTY) means any person who is entitled to receive the rent for a portion of land, a building, or premises, or who would be so entitled if they were let to a tenant. Where any such person is absent from New Zealand, shall include their attorney or agent.
PERMIT means documented permission by a controlling authority to undertake a specified activity at a specified location, date and time.
PERSON includes not only a natural person but also a corporation sole and body of persons whether incorporated or not.
POULTRY means any bird including, but not limited to, chickens, ducks, geese, turkeys, guinea fowl, pheasants and pigeons.
PREMISES means any land, dwelling, storehouse, warehouse, shop, cellar, yard, building, or part of the same, or enclosed space separately occupied, and all lands, buildings, and places adjoining each other and occupied together shall be deemed to be the same premises.
PROHIBIT means to debar or forbid.
PROHIBITED REFUSE means any refuse specified in Schedule 3 of this Bylaw.
PROPERTY means a portion of land, a building, or premises.
PUBLIC NOTICE shall have the meaning given to it in the Local Government Act 2002.
PUBLICLY NOTIFIED shall have the meaning given to it in the Local Government Act 1974.
PUBLIC PLACE means every road, footpath and thoroughfare of a public nature, or open to or used by the public as of right, reserve, park, domain, walkway, walking track, river esplanade and recreational ground under the control of Council.
RADIOACTIVE material is an unstable substance that emits ionizing particles harmful to humans, eg. radioactive waste for nuclear material.
RECREATIONAL DEVICE See Schedule 2 for examples.
REFUSE means any waste material, discarded matter or articles that are intended for disposal and any litter as defined in the Litter Act 1979.
RESERVE means any land set aside for any public purpose and shall have the meaning given to it in the Reserves Act 1977.
ROAD shall have the meaning given to it in the Local Government Act 1974 and shall where the context requires include a street.
SEXTON means any person appointed by Council to manage the daytoday activities of any cemetery and crematorium under its jurisdiction. Such activities include arranging for the provision of plots for burials.
SHOOTING GALLERY means any premises or part of any premises to which the public are admitted with or without payment and which are used for the discharge of missiles by firearms or otherwise.
SIGN means a visual message or notice conveyed to the public, visible from a public place and displayed to advertise and/or identify a product, business, or service, or inform or warn the public, as well as any frame, supporting device and associated ancillary equipment of any nature. It includes but is not limited to any mural, message or notice painted on, affixed to or otherwise incorporated with a building, structure, or site, banner, flag, poster, billboard, sandwich board, wind sock, blimp or projection of light to create an advertising image. A bunting that has symbols or messages on it shall also be co nsidered a sign for the purposes of this Bylaw. Any display or other advertising device intended to attract attention that is visible from a public place and shall include a motor vehicle, trailer and the like and any board, hoarding or similar structure which supports or contains the display or advertising device, but shall not include:
(a) A portable sign not exceeding 1.5m in height and 1m in width and is located within the Commercial Zone defined by the Ruapehu District Plan; or,
(b) Any device attached to a letterbox less than 0.25m2 in size; or,
(c) Asset identification markers on public infrastructure, for example, the asset number on a power pole or a bridge.
SIGN OWNER is defined as the person or organisation who owns the business to which the sign relates or the person who holds the permit/Resource Consent for the sign.
SKATEBOARD (See also RECREATIONAL DEVICE) means a wheeled device controlled or propelled by gravity or by the muscular energy of the rider, including roller skates, inline skates, or similar recreational devices. The definition does not include any wheelchair, baby or invalid carriage or bicycles.
STALL means any nonprofit organisation or nonprofit person who occupies any portion of any public place for the purpose of selling any food or refreshments, newspapers, lottery tickets, textiles, hardware or merchandise.
(a) Any live horse, cattle, sheep, alpaca, llama, bison, donkey, hinny, mule, pig, ostrich, emu, or water buffalo that is not in a wild state
(b) Any deer, goat, tahr, rabbit, possum, or other animal that is kept within a fence or enclosure for domestic or farming purposes.
TEMPORARY SIGN means any sign advertising:
(a) Construction or development works on a building site or demolition site.
(b) An auction or the intention to sell or lease any land or premises.
(c) Any exhibition or entertainment event.
A temporary sign is a sign that provides information to the community of an upcoming event, but excludes the reference to, or display of material associated with commercial enterprises such as logos, brand names or listening frequencies. Temporary Signs exclude any sign which would fall under the category of a commercial advertising sign. Temporary Signs shall not be erected for a period greater than eight weeks in any one calendar year and shall not be re-erected elsewhere within the District after that eight weeks has elapsed. A temporary sign must not restrict the view of motorists and may not be located within 20 metres of any road intersection. The owner of any Temporary Sign must have the written approval of the land/property on which the sign is erected.
THING (See also MATERIAL)
TOXIC means a chemical or other substance with the ability to harm living things. (See Schedule 4).
TRADING means the act of selling or offering to sell or trade goods or services, with or without a vehicle.
VEHICLE means a contrivance equipped with wheels, tracks, or revolving runners upon which it moves or is moved and includes a hovercraft, skateboards, inline skates, roller skates or similar recreational devices, but does not include:
(a) A perambulator or pushchair.
(b) A shopping or sporting trundler not propelled by mechanical power.
(c) A wheelbarrow or handtrolley.
(d) A child's toy, including a tricycle and a bicycle, provided, in either case, no road wheel (including any tyre) has a diameter exceeding 335 mm.
(e) A pedestriancontrolled lawnmower.
(f) Any pedestriancontrolled agricultural machinery not propelled by mechanical power.
(g) Any article of furniture.
(h) Any other contrivance specified by Council.
(i) Motor vehicles as defined in the Land Transport Act 1998 from time to time.
VERANDAH means a roof or canopy that extends along an outside wall of a building.
VERMIN means any small animals or insects, such as rats or cockroaches that are destructive, annoying, or injurious to health