The purpose of this Part of the Bylaw is to set the requirements for parking and control of vehicle traffic on any road in Wellington City, excluding State Highways controlled by the New Zealand Transport Agency.
This Part of the Bylaw is made pursuant to sections 591A and 684 (13)-(20) of the Local Government Act 1974, and section 72 of the Transport Act 1962.
1.1 In this Part of the Bylaw, unless the context otherwise requires:
Authorised Officer means any person appointed or authorised by the Council to act on its behalf and includes any Parking Warden appointed under section 7 of the Transport Act 1972 or Police Officer.
Coupon Parking Space means a space in a coupon parking area which is suitable for the accommodation of a motor vehicle.
Coupon Parking Area is a "zone parking control" under the Traffic Regulations 1976 and means any area of land or building belonging to or under the control of the Council which is authorised by resolution of the Council pursuant to clause 11 of this Bylaw as a place where vehicles may be parked using parking coupons.
Parking Coupon or Coupon means a coupon issued by or on behalf of the Council to any person authorising the parking of a vehicle in a coupon parking space in accordance with these Bylaws.
Driver of a vehicle includes any person in charge of the vehicle.
Footway or Footpath means as much of any road or public place that is laid out or constructed by the authority of the Council for pedestrian use.
Metered Area means a road, area of land or building owned or controlled by the Council which is authorised by resolution of the Council to be used as a parking place and at which parking meters or multiple parking meters are installed and maintained, but does not include any Multiple Parking Meter area as defined herein.
Multiple Parking Meter means a parking meter which functions in respect of more than one parking space and includes pay and display parking meters.
Operation Mobility Permit means a permit issued by the Crippled Children Society (CCS) to persons with physical disabilities for the purpose of its Operation Mobility Programme.
Parking means:
Parking Meter means a device, in relation to the time for which a vehicle may be parked in a parking space or in accordance with this Bylaw, designed to either:
Parking Meter Area means a road, area of land or building owned or controlled by Council which is authorised by resolution of council to be used as a parking place and at which parking meters are installed and maintained.
Parking Space means a space or section in a parking meter area indicated by and lying within markings made by the Council for the accommodation of a vehicle, and "metered space" and "metered parking space" have a corresponding meaning.
Pay and Display Parking Meter means a parking meter designed for the purpose of issuing a receipt indicating the date and time of payment of a fee, amount of fee paid and time until which a vehicle may be parked within a parking meter area controlled by that pay and display parking meter.
Permit means a permit to park a vehicle on a road supplied by the Council, under this Bylaw.
Prescribed Fee means New Zealand coin, or token, card, prepaid parking device, or other system of payment prescribed by resolution of Council pursuant to this Bylaw as the fee payable for parking at a parking meter area.
Reserve shall have the same meaning as in the Reserves Act 1977.
Resident, in respect of a particular road the subject of a Residents Parking Scheme Resolution under this Bylaw, means a person whose only or principal residential accommodation is a dwelling or other building which has its only or principal legal access from that particular road, or which has such access in the vicinity of that road.
Residents' Parking Scheme means the provision by the Council of parking places for residents pursuant to a Resolution passed under this Bylaw which may be in conjunction with any ancillary parking or loading resolutions for all vehicles used by non-residents.
Road shall have the same meaning as in section 315 of the Local Government Act 1974 and shall where the context requires include a street (excluding State Highways) and any place the public has access to, whether as of right or not.
Single Parking Meter means a parking meter designed for the purpose of measuring and indicating the time for which a vehicle may be parked in a particular parking space.
1.2 Notwithstanding anything in Part 1 of this Bylaw, but subject to clause 1.1, any words, phrases or expressions used in this Part of this Bylaw which have meanings assigned to them by the Transport Act 1962, the Traffic Regulations 1976, Local Government Act 1974, the Land Transport Act 1998, and the Transport Services Licensing Act 1989 or any amendments thereof, shall have the meanings as are respectively assigned in those Acts, unless those meanings would be repugnant to, or inconsistent with, the context in which such words, phrases or expressions, occur.
2.1 The Council may from time to time pass a resolution to:
2.2 In accordance with any resolution under clause 2.1:
3.1 A parking meter shall apply during the hours set by resolution of the Council and shown on the meter.
3.2 Subject to any parking time limits and restrictions, any metered parking space may be occupied without charge on any days, hours, or in any locations where there are specific exceptions made by resolution of the Council.
3.3 If any conflict arises between a resolution regarding the application of any parking meter (as it may be shown on the meter) and any other resolution regarding traffic control (as may be shown on any sign erected pursuant to Part XII of the Traffic Regulations 1976 or any amendment thereof), then the provisions of the latter resolution shown on such signs shall apply.
4.1 In respect of areas controlled by parking meters:
5.1 When any vehicle is parked in a parking space the driver of that vehicle shall immediately:
Any vehicle may be lawfully parked in a parking space during the period which has been paid for.
5.2 It shall be lawful for the driver of a vehicle during, or when the period which has been paid for expires, to insert another prescribed fee in the parking meter and set the parking meter in operation for a further period. However, where a maximum authorised period has been declared by resolution of the Council and is indicated on the parking meter, it is an offence for the driver of the vehicle to occupy the parking space in that area for a time in excess of the maximum authorised period.
6.1 No driver of a vehicle shall park that vehicle in a parking meter area controlled by a multiple parking meter without complying with the directions and requirements indicated by any multiple parking meter and relevant notices installed at the area. Compliance will include paying the prescribed fee to cover the period of parking, receiving and displaying a ticket from the multiple parking meter in respect of that payment, or activating a prepaid parking or other payment device approved by Council as the case may be.
6.2 The driver of a vehicle shall:
6.3 In a parking meter area controlled by a multiple parking meter, an Authorised Officer may exercise all of the powers conferred under section 68BA of the Transport Act 1962 and any of the relevant powers under section 113 and section 139 of the Land Transport Act 1998.
6.4 No person shall park any vehicle in any aisle, entry or exit lane of any parking meter area controlled by a multiple parking meter.
6.5 No person shall park a motorcycle in any parking meter area controlled by a multiple parking meter, other than in any part specifically set aside for motorcycles.
6.6 The Council may from time to time set aside any parking space in a parking meter area controlled by a multiple parking meter for reserved parking upon payment of a fee. This fee shall be set by resolution of the Council and is payable as specified in that resolution.
7.1 Every resolution under clause 11 setting aside an area for a residents parking scheme may specify:
7.2 Residents permits act as an exemption permit to the coupon parking charges within the areas to which they apply and holders are able to park in:
7.3 No permit is capable of being assigned or transferred to any person or vehicle, unless specifically issued by the Council for that purpose.
7.4 A permit holder shall immediately destroy the permit on ceasing to own the subject vehicle, or on ceasing to be a resident.
7.5 If a resident obtains a different vehicle from the subject of a current permit, he or she upon making a new application, shall be supplied with a new permit for that different vehicle for the balance of the permit period without paying a further fee.
7.6 A permit shall not be construed to mean that: (a) A resident is assured of a parking place by the Council; or
8.1 The Council may by resolution specify:
8.2 In accordance with any resolution under clause 18.11, the Council shall mark each coupon parking area in the following manner:
8.3 Where a coupon parking space is also a metered space, the driver or person in charge of any vehicle may park that vehicle in that space in accordance with the provisions of this Bylaw if, pursuant to a Council resolution under clause 11, the meter is marked indicating that coupons are acceptable.
8.4 The provisions of this clause shall apply to any coupon parking area, except during the hours which the Council has resolved, under clause 8.1(g) of this Bylaw, to be the hours during which parking by coupon applies in that coupon parking area.
8.5 Subject to clause 8.3 no driver of any vehicle shall cause, allow, permit or suffer such vehicle to be parked or remain parked in a coupon parking area without a valid parking coupon being displayed on that vehicle in accordance with the provisions of this Bylaw.
8.6A parking coupon, shall be activated by indicating on the coupon, in accordance with the instructions printed on the coupon or the booklet in which the coupon is attached, the date of the commencement of parking the vehicle on which the coupon is to be displayed in the parking coupon area.
8.7 The Council, or any Authorised Officer, may issue parking coupons on payment of the appropriate fees which shall from time to time be fixed by the Council in accordance with clause 8.1(d).
8.8 All parking coupons shall be issued with printed instructions as to the display and activation of such coupons.
8.9 No refund shall be allowed for any unused coupons, except in such circumstances as the Council may allow and only then if the coupons are not defaced, mutilated or in any other manner rendered invalid.
8.10 Any Authorised Officer may, for the purposes of this Bylaw, require the driver of any motor vehicle parked in any coupon parking area, to produce for his inspection any parking coupon displayed on such motor vehicle and that Authorised Officer may retain any such parking coupon.
8.11 A coupon may not be construed to mean that:
8.12 Exemptions from coupon parking may be granted by Council as follows:
9.1 Any vehicle, which is parked in a parking space, building, transport station, on a road or on a footpath in any manner not in conformity with this Bylaw or resolutions passed under this Bylaw, may be removed at the request of an Authorised Officer. Such a removal will be to a nearby lawful place for vehicle parking, or to any Council vehicle pound, or to any yard in the city occupied by any company engaged by the Council to remove such vehicles, as he or she thinks fit.
9.2 Vehicles may also be removed by the Council or their appointed agents from a parking space, building, transport station or road where these facilities require resealing or any other type of repair or maintenance. The removal of vehicles will be undertaken where the vehicle obstructs such activity or by its position, prevents the activity from taking place.
9.3 If Council is to remove vehicles under clause 9.2, they must give notice to this effect after having at least 48 hours prior to the resealing, repair or maintenance indicating Council's intention to undertake the activity. Notice of the activity may be provided either through residential post boxes or on vehicles parked in the street in which the activity is to take place or through notices in a local newspaper or any combination of these. The notices will request that vehicles be removed from the road, parking space, building or transport station to allow the resealing, repair or maintenance activity to occur. After issuing a notice, the Council will not be obliged to make any further contact with the owners of the vehicles prior to their removal.
9.4 Any vehicle may be detained at the place to which it has been removed by the Council or its appointed agents, until the reasonable costs of the removal and of any subsequent daily storage are paid by any person requesting the possession of that vehicle.
9.5 The Council may authorise the removal of any cycle left in a parking space, or any motor-cycle or power-cycle left leaning against a parking meter, in contravention of this clause. The owner of the motor-cycle, power-cycle or cycle may be required to pay to the Council any cost of removal.
9.6 Owners of vehicles removed or impounded in terms of clause 9.1 may obtain access to storage premises for the purposes of recovering their vehicles once the costs of removal and storage of the vehicles have been met.
9.7 The minimum hours during which the owners of impounded vehicles, or their appointed agents, have access to storage premises to recover their vehicle are those set out in Regulation 7(b) of the Land Transport (Requirements for Storage and Towage of Impounded Vehicles) Regulations 1999.
9.8 Access to storage premises may also be obtained outside of these times provided any such arrangement is mutually agreed between the parties concerned. The tow company / storage provider is entitled to charge for allowing access to vehicles after these hours. The tow company / storage provider involved must make known their access hours as well any additional charges for access after the hours for access by owners to vehicles.
9.9 Any vehicle, or bulk bin or container, which is on a road or private road, in breach of clause 13.1(l) may be removed in accordance with clause 9.1 All charges relating to the removal of the vehicle or bulk bin or container shall be met by the owner.
9.10 Council may declare by resolution any private road to be a no parking area. All powers set out in clause 9.4 apply. In order that a no parking area may be declared, Council must:
9.11 The powers that may be exercised under this clause are in addition to those provided in section 68B of the Transport Act 1962 and sections 348 and 356 of the Local Government Act 1974.
10.1 If an Authorised Officer is of the opinion that any parking place should be temporarily discontinued as a parking space the Authorised Officer may cause a sign / signs or meter-hoods to be placed or erected which indicate "No Stopping". It shall be unlawful for any person to stop or park a vehicle at the parking space affected while any sign/signs or meter-hoods are placed or erected.
10.2 If the Authorised Officer is of the opinion that any parking place should be temporarily discontinued, except for the use of a trade vehicle (as defined by the Council from time to time by resolution) or other specified vehicle, the Authorised Officer may place or erect or cause to be placed or erected a sign or signs, temporary barricades, or meter-hoods sufficiently indicating "Reserved Parking" for a specific trade or other specified vehicle and it shall be unlawful for any person other than a person specifically authorised by the Authorised Officer to stop or park a vehicle at the parking space affected while any sign / signs or meter-hoods are placed or erected or to remove any sign or signs, temporary barricades or meter-hoods so placed or erected.
10.3 The Council may from time to time by resolution fix fees payable for users or classes of users authorised by an Authorised Officer to parking spaces reserved in the manner prescribed by clause 10.2 hereof.
11.1 The Council may by resolution impose such prohibitions, restrictions, controls, or directions concerning the use by traffic or otherwise of any road or other area or building controlled by the Council, as are permitted by any relevant enactment.
11.2 Any resolution may:
12.1 Any resolution made by Council under this Part (including any resolution revoking or amending a resolution) shall be publicly notified at least 14 days before it takes effect. If an objection in writing made by any person adversely affected by a resolution, is received by the Council before that resolution takes effect, then the Council shall consider that objection and may confirm, amend or revoke the resolution, as it thinks fit. Until Council has considered the objection and made a decision on it, the resolution that is the subject of objection shall not take effect.
12.2 This clause shall not apply to any resolution which consolidates resolutions previously made under this Bylaw or has the same effect as a resolution made under a Bylaw revoked by this Bylaw.
13.1 The provisions of Part 1 of this Bylaw notwithstanding, every person commits an offence against this Bylaw who:
14.1 It shall be a defence to any person who is the driver, or is in charge of any vehicle and who is charged under this Bylaw with a breach of any condition imposed by this part of this Bylaw relating to any parking space if such person proves that the act complained of was done:
Department Details:
Policy
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