Council is consulting the community in relation to new local laws including behaviour on Council land (Clause 17) and Furniture and Other Items on Council Land and Footpaths (New Clause 43). Residents have until 31 March to provide feedback on the proposed changes at https://haveyoursay.portphillip.vic.gov.au/proposed-local-law-2023
When completing the survey, you may wish to consider if current local laws are working in relation to community safety and amenity.
Behaviour on Council Land (Clause 17)
The proposed new local law states: A person must not on or in Council land, a road or a footpath:
- create a nuisance.
- behave in a manner which unreasonably interferes with another person on or in the Council land, road or footpath.
- behaves in a manner which unreasonably interferes with another person occupying premises in close proximity to the Council land, road or footpath.
- harass any person using the Council land, a road or footpath.
- defecate or urinate except in a toilet or urinal (as the case may be) in a public convenience.
- act contrary to any conditions or signs that contain conditions applying to the use of the Council land, road or footpath.
- fail to comply with a reasonable direction of an Authorised Officer or Council staff member whilst on Council land.
The new law defines nuisance behaviours that occasionally occur when individuals are camped on Fitzroy and Acland Streets in St Kilda. Contrary to popular belief most of the people camped on the street have housing but they chose to camp on the street because the Police turn a blind eye to drinking alcohol, selling, and using drugs.
The proposed local laws are designed to assist Council officers manage the behaviours of individuals and stop them from being a nuisance. Street campers can create a nuisance when the local community is verbally abused, threatened, harassed, or physically attacked.
Furniture and Other Items on Council Land and Footpaths (New Clause 43)
The proposed new local law states:
- A person must not on a footpath or access way, place or cause to be placed any furniture that obstructs that footpath or accessway.
- Council may direct a person to remove any of the items in subclause (1).
- If a person fails to remove any item after being directed to do so, Council may seize any item and impound it in accordance with clause 78.
Dumped furniture including couches, chairs, mattresses, sofa's, rugs, blankets, kitchen goods, electrical good is a major problem on Grey and Fitzroy Streets and adjoining streets precinct and often, dumped rubbish is not collected for weeks.
Furniture is sometimes used by the street camping groups and it is not helpful when volunteer groups hand out camping gear, doonas, pillows, rolled mattress, food parcels in plastic bags to the street campers.
Clause 43 will Council Officers to remove dumped furniture when it is obstructing footpaths and access to properties.
Camping Local Law 2023 (Clause 42)
Council is not proposing to change the Camping local law Clause 42, but the local community has been asking for this law to be changed for 10 years.
It has been acknowledged that the council local laws management have not been enforcing the current illegal camping local laws. The existing exempts individuals with complex needs and those claiming to be homeless from camping restrictions. This loophole has allowed camping on footpaths when individual falsely claim they have no housing.
There are currently few genuinely homeless people in the Fitzroy, Acland, and Carlisle Street precincts, who would be protected under this local law if it were to be strictly enforced.
As reported by council officers the other campers have allocated housing, but choose to camp on the streets, generally because they can perform criminal and anti-social behaviours.
The Local Laws must apply the existing camping laws and prevent individuals camping on the street when they are known to have accommodation.
St Kilda was a thriving entertainment precinct when there was no camping on the footpath.
