37A—Rundle Mall
(1) Rundle Mall (the
"Mall") continues as a pedestrian mall.
(2) A person must
not—
(a)
drive a vehicle on any part of the Mall; or
(b)
allow a vehicle to be or remain on any part of the Mall,
otherwise than in accordance with a notice or permit published or given by the
Adelaide City Council under this section.
Maximum penalty: $750.
Expiation fee: $105.
(3) The Council may,
by notice published in the Gazette—
(a)
specify the vehicles that may enter or remain in the Mall (and those vehicles
may be defined by reference to vehicles generally, vehicles of a specified
class, vehicles used for a specified purpose or by a specified person or
persons of a specified class, or vehicles used in specified circumstances);
(b)
specify the hours or occasions during which vehicles may enter or remain in
the Mall (and the hours so specified may vary according to a vehicle or class
of vehicles or according to other specified circumstances).
(4) The Council may,
by notice in writing, permit a vehicle to enter and remain in the Mall for the
purpose and for the period, and subject to the conditions (if any), specified
in the permission.
(5) A person must not
contravene or fail to comply with a condition imposed under
subsection (4).
Maximum penalty: $750.
Expiation fee: $105.
(6) The Council may,
by further notice, vary or revoke a notice or permit published or given under
this section.
(7) In addition to any
other power to make by-laws, the Council may make by-laws—
(a)
regulating, controlling or prohibiting any activity in the Mall, or any
activity in the vicinity of the Mall, that is, in the opinion of the Council,
likely to affect the use or enjoyment of the Mall; and
(b)
providing for the fixing, and varying or revoking, by resolution of the
Council, of fees and charges for the use of the Mall or any part of the Mall
for any display, activity or entertainment, or for any service provided or
permit issued in or in connection with the Mall, and providing for any matter
or thing in connection with the collection or remission of those fees or
charges; and
(c)
regulating any matter or thing connected with the external appearance of a
building or structure on, abutting or visible from the Mall; and
(d)
regulating, controlling or prohibiting the movement or standing of vehicles on
access or egress areas to the Mall; and
(e)
fixing a penalty not exceeding $250 for a breach of a by-law.
(8) In any proceedings
for an offence against this section, an allegation that a person is the owner
of a specified vehicle will, in the absence of proof to the contrary, be taken
to be proved.
(9) If in any
proceedings for an offence against this section it is proved that a vehicle
was driven, parked, standing or stationary in any place in contravention of
this section, it will, in the absence of proof to the contrary, be presumed
that the vehicle was driven, parked, left standing or allowed to remain
stationary by the owner of the vehicle.
(10) The
Local Government Act 1999 applies to and in relation to by-laws made
under this section as if they were by-laws made under that Act.