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Part 10 Recreational and Cultural Facilities

This part of the bylaw aims to facilitate the full and proper use and enjoyment by the public of the cultural and recreational facilities and services provided by the New Plymouth District Council within the District. These facilities are public libraries, public swimming pools and parks and reserves administered by the council.

1.0 Interpretation
This part of the bylaw shall be in addition to the provisions of Part 1 Introductory and if this part of the bylaw is inconsistent with Part 1 Introductory then the provisions of this part of the bylaw shall prevail.

ART GALLERY means any art gallery established and administered by the council for use by the public or any section of the public and includes every portion of a building used as an art gallery.

BOOK includes magazine, newspaper, periodical, pamphlet, or manuscript or other article of a similar nature, or any part of any of these items.

BORROWER means any person to whom the council has by registration or otherwise granted any licence or privilege to borrow.

BORROWER’S CARD means any card issued by the librarian as a means of identification of any borrower from the library.

DOCUMENT means any map, picture, or piece of music including a gramophone record or sound recording tape or compact disc, computer compact disc, broadsheet, card, cutting, photographic or negative film, microfilm, or photocopy, whether the property of the council or for the time being under the control of the council.

EXHIBIT means any display or artwork made of ceramic, glass, wood, metal, fibre, mixed media, or any other material, print photograph, label, text panel, video, sound recording, compact disc, under the control of the council.

FACILITY means any library, swimming pool, park or reserve, or any building on reserve land administered by the council.

ITEM means any book, document, picture or map available for borrowing at any public library.
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LIBRARY means any library established and carried on for the time being by the council for use by the public or any section of the public, and includes every portion of any building used for such purposes, and includes a mobile library;

MAP includes a chart or plan or other article of a similar nature;

MUSEUM means any museum established and administered by the council for use by the public or any section of the public and includes every portion of a building used as a museum.

PICTURE includes an engraving, etching, print or photograph or other article for a similar nature, and includes any rental picture available for hire.

SWIMMING POOL means any swimming pool under the control of the time being of the council for use by the public or any section thereof and includes every portion of any premises used in connection with such purposes.

2.0 General
2.1 The council may by resolution:
a) Establish and fix fees and conditions for admission to any facility or part of any facility; excluding libraries (see clause 4.1 of this part of the bylaw).
b) Fix fees for the borrowing or loaning or use of items as appropriate;
c) Determine the times that facilities or parts of facilities shall be open to the public.

2.2 No person shall at or in any facility:
a) Pollute, damage, interfere with, deface or disfigure any facility surface, structure, label, fence, noticeboard, sign or exhibit within a cultural or recreation facility, including trees, shrubs and flowerbeds;
b) Fail to comply with all reasonable requests of any Authorised Officer;
c) Smoke or consume food within a facility except in areas where this is specifically permitted, or at an authorised function;
d) Supply any intoxicating liquor except by licence to do so or consume any intoxicating liquor if such consumption has been prohibited by the council;
e) Consume, inject or inhale any mind-altering substance except as prescribed for a medical condition, or offer or sell such substances to any other person. For the purposes of this clause, the inhalation of a mind-altering substance shall include the act that is commonly known as glue sniffing in its various forms and with its various constituents;
f) Permit any animal controlled or owned by that person to enter a cultural or recreational facility except where the animal is a guide dog or is expressly allowed by this part of the bylaw, or for an authorised purpose;
g) Enter a restricted area or an area set apart for staff without the permission of an Authorised Officer;
h) Deposit or throw any litter, or any substance or article that is likely to be of a dangerous of offensive nature except in a place or receptacle provided for that purpose;
i) Deposit any litter in a place or container provided for that purpose unless it is litter generated on that site;
j) Behave in any way that could interfere with or prevent another person’s enjoyment of the facility.
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2.3 A person who in the opinion of an Authorised Officer is not in a fit state to be admitted to any facility shall not be given permission to enter, or having entered, shall leave immediately when requested by an officer to do so.

2.4 Any person who, in the opinion of an Authorised Officer, is committing any breach of this part of the bylaw shall on request of the officer leave immediately, and will also be liable to be prosecuted for the breach. Failure to leave on the request of an Authorised Officer could amount to a further offence.

2.5 The council may restrict access by the public to certain areas of facilities at specified times for the private use of a particular organisation or for the holding of a private function.

2.6 No person shall organise or take part in an organised event on a reserve, without the written permission of an Authorised Officer.

2.7 No person shall enter or remain in a facility while it is closed without the prior permission of an Authorised Officer.

2.8 The council may close all or any part or parts of any facility during such times as it thinks fit, and may by resolution fix charges and or conditions for the right to use such parts that are open to the public.

2.9 Every person who enters a facility which is being used for an event for which an admission charge is being made without paying the prescribed charge for admission, will, before the commencement of the event either pay the proper charge for admission or leave the facility.

2.10 No person shall enter or leave any facility or park except through the openings, gateways, entrances or exits provided, via the pathway provided. Any person who opens any gate will immediately securely close that gate.

2.11 No person shall willfully obstruct any of the approaches, entrances, exits, thoroughfares, or walkways of any facility or park.

2.12 With the exception of cleaners and Authorised Officers carrying out inspections, no male other than a boy under the age of eight years will enter or use any place, room or building, in any facility set apart for the use of females nor will a female over the age of eight years use any place, room or building in any reserve set apart for the use of males.

2.13 Any person who, in the opinion of an Authorised Officer, commits a breach of any of the provisions of this part of the bylaw will, if requested by an Authorised Officer, supply his full name and address.

2.14 No child under the age of eight years shall be allowed to enter or remain in any facility unless such a child is accompanied by a responsible person over the age of 18 years, unless permission is given by the council.

2.15 No act by an Authorised Officer when engaged in the performance of his duties in any facility or reserve shall constitute an offence against this part of the bylaw.

2.16 No person shall use or operate any loud speaker or other broadcast system or other sound-making or sound reproducing device, machine or apparatus in or on any facility without the prior permission of the council.

2.17 No person shall disturb or remove or plant any vegetation on or surrounding any reserve or facility without the prior permission of the council.
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3.0 Parks and reserves – control of activities
3.1 All provisions contained within Part 5 Dog Control of this bylaw and the Dog Control Act 1996 shall apply to all parks and reserves.

3.2 No person, other than an employee of the council acting with its authority and for the purposes of his service or employment, shall park, ride or drive any motorised vehicle or cart, motorcycle, power cycle or bicycle, or drive, ride or lead any horse, or other animal on any area of any reserve or beach except on those areas set aside specifically for such purposes, or where the written permission of an Authorised Officer has been obtained.

3.3 No person shall drive any motor vehicle or motorcycle or power cycle in any reserve at a speed in excess of 15 km/h, or as otherwise stated on reserve signage, or where the written permission of an Authorised Officer has been obtained.

3.4 No person shall drive any motor vehicle or cart or ride any animal in any reserve without due care and attention without reasonable consideration for other persons using, or driving in the reserve.

3.5 No person shall drive or ride any animal or vehicle (whether propelled by mechanical power or not) within any reserve in such a manner as to cause damage to the surface or to any part of such reserve or other land.

3.6 No person shall place or interfere with any placard, sign, noticeboard or label in or on or about any reserve without the prior permission of an Authorised Officer. Neither shall any person distribute any handbill or notice in a reserve or at any of the entrances without such permission.

3.7 No person shall bathe or wade in any water in any reserve except in any river or lake, swimming pool or paddling pool provided or designated for that purpose.

3.8 No person shall light any fire except in a place specifically provided by the council for that purpose, or continue burning the same in a reserve after sunset without the consent of an Authorised Officer. No person shall set fire to any vegetation in any reserve. Any fires on reserves must also comply with any relevant requirements of the Taranaki Regional Council.

3.9 Any person who lights or uses a fire in a place specially provided by the council for that purpose shall ensure the fire is totally extinguished before that person leaves the reserve.

3.10 No person shall put up or erect any stall, tent, camp, booth, swing, amusement device, or structure of any kind within any reserve except with the permission of an Authorised Officer.

3.11 No person shall, without a permit from the council, use any part of any facility or reserve for the purpose of busking or setting up any stall, mobile shop or offer for sale any product for service whether from a motor vehicle or not. Any such permit shall be issued in accordance with Part 14 Trading in Public Places and Itinerant Traders of this bylaw and with the permission of an Authorised Officer.

3.12 No person shall by any means whatsoever destroy, shoot, snare, injure, interfere with or take any animal, fish, bird, bird’s nest or bird’s egg, or attempt so to do, in or from any reserve without prior written permission of an Authorised Officer. Provided that in the case of any animal or bird protected by the Wildlife Act 1953 no such permission shall be granted unless and until the provisions of that act have been complied with.

3.13 No person shall release any animal or bird into any reserve without the prior written permission of an Authorised Officer.
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3.14 No person shall for the purpose of soliciting subscriptions, collections or donation, or for the purpose of promoting or furthering any product or project or form of belief or activity in any portion of any facility or reserve accost or impose upon any person or distribute or sell any handbills, tickets, pamphlets or other printed or reproduced matter to any other person whether or not for financial gain or reward without the prior written permission of the council.

3.15 No person shall, except with the prior written authority of the council and then only in conformity with the terms of any permission that may be granted, organise, hold or conduct or attempt to hold or conduct any procession, or type whatsoever, or any public meeting, gathering or demonstration, or make any public address or attempt to collect a crowd in, along or upon any reserve or facility.

3.16 No person shall interrupt or interfere with any person working within any park or reserve.

3.17 An Authorised Officer may prevent any game being played in or on any reserve or facility which in his opinion is liable to damage to the said reserve or anything therein, or which in his opinion is otherwise undesirable or unseemly.

3.18 No person shall play at or engage in or practice activities or sports on any part of any reserve after being requested by an Authorised Officer to leave the reserve or any part thereof, or when any notices erected at the main entrance to such reserve or on the particular part thereof bearing the words GROUND CLOSED whether alone or with any other words.

3.19 No person shall play or practise golf on any reserve where that activity has been expressly prohibited.

3.20 No person shall within the limits of any reserve and without the prior written permission of an Authorised Officer:
a) Take, use or carry any firearm, axe or similar weapon or other instrument of a dangerous character, or any airgun or bow and arrow, trap or net or let off any fireworks; or
b) Throw stones or other projectiles or missiles whether by hand or by means of another appliance.

3.21 Any Authorised Officer may take into his possession and retain any of the articles referred to in clause

3.20(a) of this part of the bylaw, while a person carrying the same is in any reserve, without being liable for any claim arising therefrom.

3.22 No person shall, without the prior permission of an Authorised Officer, make use of any part of any reserve for the purpose of the landing, or flying an aeroplane or any kind of flying machine, hot air balloon, or glider except in case of emergency.

3.23 No person shall permit or cause wastage of water or permit any water tap to flow for a longer period than may be reasonably required for the filling of utensils for drinking, cooking, or washing purposes; nor shall any person in any manner pollute or otherwise render unfit for use for human consumption or otherwise any water supply in any reserve.
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3.24 No person shall, without the prior permission of an Authorised Officer, turn in or allow any cattle or other animal (excepting dogs in accordance with Part 5 Dog Control) or poultry to wander or graze within the limits of any reserve.

3.25 No person shall deposit or dump any rubbish within any park or facility unless that rubbish was generated while at that park or facility and is disposed of in an appropriate receptacle.

3.26 No person shall use for hire any boat or launch on any lake, stream or river within any reserve unless he has first obtained a licence from the council.

3.27 No person shall enter or use, or attempt to enter or use any boat provided by the council for use on any lake, stream or river unless he has first paid to the custodian of the boat or launch the fee or charge prescribed by the council for the use or hire of the boat.

3.28 No person shall by his conduct in, or operation of any boat in any lake, stream or river within any reserve endanger the safety of the boat or any occupant of the boat, or cause annoyance or discomfort to any occupant, or endanger any other boat, or cause annoyance or discomfort to any occupant of any other launch or boat.

4.0 Public libraries – rules for control
4.1 The libraries and specified part or parts of the libraries shall be open and available to the public free of charge.

4.2 On completing and signing an application form every person who produces some form of personal identification shall be entitled to membership free of charge and to borrow items provided that the council may impose borrowing charges for particular items.

4.3 Any child under the age of 16 wishing to borrow books or documents shall have an application form completed and signed on their behalf by a parent or guardian. Such parent or guardian shall be responsible for all books and documents borrowed by that child and shall sign an acknowledgement to that effect if required to do so by an Authorised Officer.

4.4 The council may from time to time by resolution make rules:
a) For the number of items to be lent to any one borrower to be held at one time;
b) For determining the hours during which any item by be borrowed from any department of the library;
c) For determining the time to be allowed for the loan of any item;
d) For maintaining good order and conduct within the library.

4.5 No person shall be entitled as of right to borrow any item specified as a reference book or document. Provided, however, that a librarian may at his discretion permit any such item to be borrowed by any holder of a borrower’s card subject to compliance with any condition laid down by an Authorised Officer.

4.6 No person shall take or borrow any item from a library except through the proper issues procedure.

4.7 Any person who is not named in any borrower’s card, or duly authorised by the person so named, who makes use of any such card for the purpose of obtaining any book or document from the library commits an offence against this part of the bylaw.

4.8 If any item is lost or returned torn, cut, soiled, defaced, or with leaves turned down or otherwise damaged, the borrower shall pay to the council such a sum of money as will replace such item or as will be a full compensation for any damage or loss caused.
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4.9 No person owing any money to the council above a limit specified by an Authorised Officer, in connection with any library shall take out or borrow any item, and an Authorised Officer may impound the borrower’s card of any such person.

4.10 Every holder of a borrower’s card shall notify any change of his address to an Authorised Officer.

4.11 Any person taking, or attempting to take (other than as a borrower) any item or other article from a library, and any person knowingly pledging, pawning, selling, or purchasing or advancing money on any such item or attempting to do so, commits an offence against this part of the bylaw.

4.12 No person shall:
a) Interfere in any way with any other person lawfully using a library;
b) Fail to comply with all reasonable requests of an Authorised Officer.
c) Bring any wheeled vehicle or conveyance other than a wheel chair, pram, pushchair or shopping trundler into a library without the consent or permission of an Authorised Officer.
d) Having brought into a library any article which in the opinion of an Authorised Officer unduly interferes with the use of the library by the public, fail to remove such article immediately upon the request of an Authorised Officer;
e) Make any mark on, soil, damage, mutilate or deface any book or document belonging to a library;
f) Remove any number, label, security device or mark of ownership from, or cause or permit any damage or injury to any book or document belonging to a library.

4.13 Where in the opinion of an Authorised Officer any person has contravened any of the provisions of this part of the bylaw relating to a library or has otherwise acted in an unlawful manner in the library, the Authorised Officer may exclude that person from any library for such period of time as he thinks fit.

5.0 Swimming pools
5.1 The council may close any swimming pool to the public for any period for the purpose of holding swimming matches, sports, annual maintenance or other such performances.

5.2 The council may close any pools to the public on any day or days in the year for the purpose of maintenance, or for any other cause or purpose which the council may deem necessary or proper.

5.3 If in the opinion of an Authorised Officer an emergency or other situation warrants the immediate closing for public use of any swimming pool or any part of any swimming pool, the Authorised Officer may close the swimming pool for use by the public until, in the opinion of the Authorised Officer, such emergency or other situation ceases to exist.

5.4 An Authorised Officer may refuse admission to any person to any part of any swimming pool, which in the opinion of the Authorised Officer is likely to become overcrowded.

5.5 No person shall gain or attempt to gain admission to any swimming pool without paying the proper charge or producing a ticket conferring a right to admission, shall gain or attempt to gain admission when the swimming pool is not open to the public, or shall use or attempt to use the swimming pool or any part of the pool, or any room, compartment, or convenience at the swimming pool contrary to any of the provisions of this part of the bylaw.
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5.6 Children under the age of eight years shall not be permitted to enter the swimming pool unless in charge of a responsible person over the age of 18 years, unless permission is given by an Authorised Officer.

5.7 No person shall use any shower, toilet or other part of any swimming pool in which only one person is permitted at any one time when occupied by any other person, with the exception of children under eight years of age.

5.8 No person shall:
a) Behave so as to be a nuisance or annoyance to persons lawfully within the swimming pool;
b) Smoke or use tobacco or other substance, or chew gum or consume any food, in any swimming pool except in places authorised by resolution of the council, or in staff rooms or other areas from which the public are excluded;
c) Use any language, which, in the opinion of an Authorised Officer is indecent, abusive or insulting;
d) Spit in any part of the swimming pool;
e) Use soap in any part of the swimming pool other than the showers provided for cleansing;
f) Wring any swimming costume or towel above or into the swimming pool;
g) Use any substance or preparation whereby the water in any swimming pool may be discoloured or rendered unpleasant, turbid, or unfit for the proper use of bathers.
h) Wilfully or improperly foul or pollute the water in any swimming pool, or wilfully or improperly soil or damage any towel, or swimming costume, or any bathroom, changing room, or compartment, or any furniture or article within the swimming pool complex;
i) Carelessly or negligently damage or destroy any towel, swimming costume or other article supplied for use in the swimming pool;
j) Without reasonable cause disturb, interfere with or remove any clothing or private property of any other person which for the time being has been left in any part of the swimming pool complex;
k) Jump, clown-dive, bomb, or speed-run in any pool set aside for diving, except in compliance with notices displayed;
l) Dive from any part of any swimming pool other than from the immediate surround to any area of water set aside for swimming;
m) Run or play boisterously or roughly, except in supervised water sports;
n) Loiter unnecessarily in any part of the pool;
o) Cause or make undue noise;
p) Take into any part of the swimming pool any glass bottles or other container made of glass. The Authorised Officer shall have power to impound any such articles brought into the swimming pool.

5.9 No person who in the opinion of an Authorised Officer is in an unclean condition shall enter the swimming pool or, having entered, shall fail to leave when requested by an Authorised Officer to do so. Any person requested by an Authorised Officer to use a shower before entering the water of any swimming pool shall comply with such a request.

5.10 Every person shall for the time they are using swimming pool, except while in any changing room, toilet, or shower, wear in a proper manner an appropriate swimming costume, or be otherwise sufficiently dressed. An Authorised Officer shall be aware and sensitive of cultural needs, and shall be the sole judge as to the appropriateness or otherwise of any swimming costume and as to whether it is worn in a proper manner. Any person who offends against this clause shall, when requested by an Authorised Officer, wear the offending swimming costume in a proper manner or change into an appropriate swimming costume.

5.11 No person shall enter, remain in, or use any swimming pool:
a) When suffering from any communicable disease; or
b) When wearing any medical dressing, bandage, sticking plaster, or any other adhesive material.
5.12 No person shall occupy any shower for more than five minutes on any one occasion.
5.13 Every person shall leave the swimming pool immediately upon the request of an Authorised Officer over the public address system or by the sounding of a warning device.
5.14 Any person finding any article which may have been left in any part of the swimming pool complex shall immediately after finding such article deliver it to an Authorised Officer. Any property not claimed within three months of being handed in may be disposed of in such a manner as the council thinks fit.
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6.0 Museum and art gallery
6.1 No person shall:
a) Interfere with or attempt to interfere with any exhibit or other article on display;
b) Enter or remain in a museum or art gallery when it is not open to the public without authorisation from an Authorised Officer;
c) Consume alcohol or other intoxicating substances in a museum or art gallery without authorisation from an Authorised Officer;
d) Offer any person in a museum or art gallery alcohol or other intoxicating substances, without authorisation from an Authorised Officer except in places set aside for the purpose or at authorised functions;
e) Enter, remain in or use a museum or art gallery while intoxicated or under the influence of drugs;
f) Lie on a bench, chair, table or floor in a museum or art gallery without authorisation from an Authorised Officer;
g) Interfere in any way with any other person lawfully using a museum or art gallery;
h) Fail to comply with a reasonable request by an Authorised Officer while using a museum or art gallery;
i) Speak to any person in a museum or art gallery in a way that causes annoyance to others;
j) Behave in a noisy or offensive manner, spit, whistle, smoke or use tobacco in any part of a museum or art gallery;
k) Eat or drink in any part of a museum or art gallery without authorisation from an Authorised Officer;
l) Bring a bicycle or skateboard into a museum or art gallery without authorisation from an Authorised Officer;
m) Fail to removal any article they have brought into a museum or art gallery which in the opinion of an Authorised Officer interferes with the use of the museum or art gallery by the public, when requested to do so by an Authorised Officer;
n) Enter any part of a museum or art gallery set aside for the use of employees, without authorisation by an Authorised Officer;
o) Soil, damage mutilate, deface or mark an exhibit;
p) Remove a number, label or mark of ownership from an exhibit;
q) Soil, damage, mutilate or deface any part of a museum or art gallery any furniture or fittings in a museum or art gallery or any property of the council connected to a museum or art gallery; or
r) While in a museum or art gallery refuse to give an Authorised Officer their correct name and address.
6.2 The council may by resolution:
a) Determine the days and hours during which the museum or art gallery shall be open or closed;
b) Determine the fees and charges payable by people using the services of a museum or art gallery.

6.3 If an exhibit is damaged or destroyed, the person responsible for the damage or destruction shall pay to the council and the owner of the exhibit, a sufficient sum of money to replace the damaged artwork or exhibit.

6.4 If the damaged or destroyed artwork or exhibit is unable to be replaced, the person responsible for the damage or destruction shall pay full compensation for any damage or loss caused to the council and the owner of the exhibit.

6.5 No person shall take photographs or use a video camera in a museum or art gallery without authorisation from an Authorised Officer who may impose a reasonable fee.

6.6 An Authorised Officer may exclude or remove any person from a museum or art gallery who:
a) Has acted in an unlawful manner in the museum or art gallery;
b) Is not using the museum or art gallery for the purpose for which it is intended; or
c) Has contravened any of the provision of this part of the bylaw.

6.7 An Authorised Officer may ban a person who has been removed from the museum or art gallery in accordance with clause 6.6 of this part of the bylaw from entering the museum or art gallery for a specified period of time.
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