Cultural & Recreational Facilities Bylaw 2007

This bylaw is made using the powers of the Local Government Act 2002.

1.0 Short title

This bylaw may be cited as the Hamilton City Cultural and Recreational Facilities Bylaw 2007.

2.0 Revocation

This bylaw revokes and replaces the Hamilton Public Library Bylaw 1960 and the Hamilton Public Swimming Pools Bylaw 1976.

3.0 Purpose

The purpose of this bylaw is to enhance public safety at cultural and recreational facilities under the ownership or control of Hamilton City Council, by minimising offensive behaviour and potential risk to patrons.

4.0 Scope

This bylaw shall apply to any cultural and recreational facility (Council facility) defined in clause 5.0 and shall further apply to any other Council land, building or facility which Council by resolution states shall be subject to this bylaw.

5.0 Definitions

Cultural and Recreational Facility (Council facility) includes the Hamilton public swimming pools (Waterworld, Gallagher Aquatic Centre and Municipal Pools), Hamilton City Libraries, Waikato Museum and ArtsPost.

Manager means the appointed manager of the Council facility or their appointed deputy.

Authorised officer means a person acting on Council's behalf in matters of a specified kind or in a specified manner.

6.0 Council may make Rules for Council facility

6.1 Council may from time-to-time, by resolution adopt rules, charters or policies for the following purposes that shall apply to one or more Council facilities:

• For the control, management and use of the facility;

• For the effective and safe operation of the facility that enables the public to safely enjoy the facility.

6.2 Council may delegate authority to an authorised officer to prescribe directions and standards for the following matters that shall apply to one or more facilities:

• For maintaining good order and conduct while persons are in or on a Council facility or part thereof; and

• For setting hygiene standards and other health and safety standards;

• For the closure of that facility or part thereof or for setting aside part or all of that facility for the exclusive use of individuals or group;

• For the closure of the facility or part thereof where circumstances would adversely affect facility operations or public safety.

7.0 Display of Rules/Conditions of Use

The manager of a Council facility shall post the rules or conditions of use (or similar document) that apply to any member of the public using that facility, in a visible place.

8.0 Conditions of Use

An authorised officer of Council may require any person entering, remaining in or using any facility to comply with any Rules or Conditions of Use imposed by Council or an authorised officer for the control, management or use of the facility.

Without limiting clauses 6.1 and 6.2, the following conditions of use apply to any person entering, remaining in or using Hamilton City:

8.1 Public Swimming Pools

8.1.1 Every child under the age of 8 years entering or remaining in a facility (which has a swimming pool) must be under the direct supervision of a person aged 16 years of age or older.

9.0 Expulsion

An authorised officer responsible for any Council facility may require any person who in their reasonable opinion:

• is behaving in a disorderly manner, or

• is not bona fide using the Council facility for the purpose for which it is intended; or

• refuses to comply with the rules and conditions for use of the Council facility,

to leave the Council facility and may give that person notice that the person is excluded from the Council facility.

10.0 Breach

Any person who refuses to leave a Council facility when required to do so by an authorised officer of Council, or who wilfully trespasses on the Council facility within a period of two years after the person is asked to leave the Council facility, commits an offence under this bylaw.

11.0 Offences and penalties

A person who is convicted of an offence against this bylaw may be liable to a fine not exceeding $500.