Katherine Town Council By-Laws 1998

In these By‑laws:

abandon, for Part 3, see by-law 37A.

animal means all animals kept on private premises in the municipality, and includes dogs, cats, birds and reptiles.

appropriate fee means the fee determined from time to time by the council to be the fee for a permit, authority, licence, registration or other matter or for a class or classes of permit, authority, licence, registration or other matter.

approved means approved by the council by resolution.

assistance dog means a dog:

(a) trained or assessed by a training institution recognised by the CEO in writing for the purposes of these By-laws; and

(b) used by a person to alleviate the effects of a diagnosed disability, whether physical, sensory or psychological.

at large, for Part 3, see by-law 37A.

attack, for Part 3, see by-law 37A.

bicycle or tricycle means a 2 or 3 wheeled vehicle designed to be propelled by human power, and includes a powered bicycle or tricycle.

boat means a boat or floating vessel or craft of any kind other than a motor boat.

bridge includes a ford, causeway, culvert or crossing affording passage.

commercial waste, for Part 2, Division 1A, see by-law 27A.

council means the Katherine Town Council.

dangerous dog, for Part 3, see by-law 37A.

determined means determined by the council by resolution.

dog means an animal of the genus Canis.

dog exercise area, for Part 3, see by-law 37A.

dog restricted area, for Part 3, see by-law 37A.

dog-tag, for Part 3, see by-law 37A.

drug means:

(a) a dangerous drug as defined in section 3(1) of the Misuse of Drugs Act 1990; or

(b) a prohibited substance as defined in section 12 of the Medicines, Poisons and Therapeutic Goods Act 2012; or

(c) kava as defined in section 3(1) of the Kava Management Act 1998.

effective control, for Part 3, see by-law 37A.

holder means the holder of an authority, licence, permit, or certificate of registration, as the case may be.

identification device, for Part 3, see by-law 37A.

infringement notice, for Part 7A, see by-law 173B.

infringement notice offence, for Part 7A, see by-law 173A(1).

library, for Part 6, see by-law 112.

library manager, for Part 6, see by-law 112.

library material, for Part 6, see by-law 112.

licence means a licence issued under these By‑laws, and includes a renewal of a licence.

liquor, see section 4(1) of the Liquor Act 2019.

litter includes garbage, rubbish, refuse or waste matter, and includes a dead animal and discarded vehicle bodies, machinery, implements, and the like.

meeting means a meeting of the council.

menace, for Part 3, see by-law 37A.

motor boat means a boat or floating vessel or craft of any kind that has a motor to power its principal propulsion system, and includes a hovercraft.

motor vehicle means any vehicle designed to be self propelled and includes a trailer when attached to a motor vehicle, but does not include a motorised wheelchair which is not capable of travelling at a speed greater than 10 km/h or a powered bicycle or tricycle.

municipality means the municipality of Katherine.

officer, for Part 6, see by-law 112.

owner:

(b) in relation to a boat, motor boat or vehicle (other than a motor vehicle) – means, in the absence of proof to the contrary, the person for the time being in control of the boat, motor boat or vehicle; or

(c) in relation to a motor vehicle – means the person in whose name the vehicle is registered under the Motor Vehicles Act 1949 or under another law of the Territory or under a law of a State or other Territory of the Commonwealth that provides for the registration of vehicles.

permit means a permit issued under these By‑laws, and includes a renewal of a permit.

pound means a place established under by-law 64 to impound animals.

premises includes land and/or buildings.

prescribed amount, for Part 7A, see by-law 173A(2).

properly contained, for Part 3, see by-law 37B.

public place includes:

(a) every place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of the place;

(b) every place to which the public are admitted on payment of money, the test of the admittance being the payment of the money only;

(c) every road, street, footway, court, alley, thoroughfare or cul‑de-sac which the public are allowed to use, notwithstanding that the road, street, footway, court, alley, thoroughfare or cul-de-sac may be formed on private property; and

(d) land reserved under a law of the Territory for the use of the public or a member of the public.

register means a register established in pursuance of by‑law 7.

registered borrower, for Part 6, see by-law 112.

repealed by-laws, for Part 3, see by-law 37A.

reserve means land, including its waters, being a public place that is vested in, leased to, or under the care, control or management of, the council and capable of being used as a reserve, park, garden, cenotaph, monument, recreation ground, walkway, oval or playing field, or for swimming, bathing, boating or other recreation associated with water.

vehicle means a conveyance or other device designed to be propelled or drawn by any means and includes a bicycle or tricycle, motor vehicle, or an animal being driven or ridden, but does not include a train or a wheelchair that is not capable of travelling at a speed greater than 10 km/h.

veterinarian, for Part 3, see by-law 37A.

waste management facility, for Part 2, Division 1A, see by‑law 27A.