Ditton Parish Council

Ditton Parish Council - Byelaws

PLEASURE GROUNDS, PUBLIC WALKS AND OPEN SPACES

Byelaws made by the DITTON PARISH COUNCIL under section 164 of the Public Health Act 1875, section 15 of the Open Spaces Act 1906 and sections 12 and 15 of the Open Spaces Act 1906 with respect to pleasure grounds, public walks and open spaces.

Interpretation

1. In these byelaws:

“the Council” means DITTON PARISH COUNCIL;

“the ground” means any of the grounds listed in Schedule A to the bye laws.

Vehicles

2. (1) No person shall, without reasonable excuse, ride a cycle or bring or cause to be brought into the ground a motor cycle, motor vehicle, trailer or any other mechanically propelled vehicle (other than a cycle) except in any part of the ground where there is a right of way for that class of vehicle.

(2) These byelaws shall not extend to invalid carriages.

(3) In these byelaws:

“cycle” means a unicycle, bicycle, a tricycle, or a cycle having four or more wheels, not being in any case a motor cycle or motor vehicle.

“invalid carriage” means a vehicle, whether mechanically propelled or not, the unladen weight of which does not exceed 150 kilograms, the width of which does not exceed 0.85 metres and which has been constructed or adapted for use for the carriage of one person, being a person suffering from some physical defect or disability and is used solely by such person;

“motor cycle means a mechanically propelled vehicle, whether or not intended or adapted for use on roads, not being an invalid carriage, with less than four wheels and a weight of which unladen does not exceed 410 kilograms.

“motor vehicle” means a mechanically propelled vehicle, whether or not adapted for use on roads, not being an invalid carriage.

“trailer” means a vehicle drawn by a motor vehicle and includes a caravan.

Overnight parking

3. (1) No person shall, without the consent of the Council, leave or cause or permit to be left any vehicle in the ground between the hours of 12 midnight and 6 a.m.

(2) Byelaw 3. (1) applies to any of the grounds listed in Schedule B to these byelaws.

Horses

4. (a) No person shall, except in the exercise of any lawful right or privilege, ride a horse in

the ground.

(b) In any part of the ground where by any lawful right or privilege horse riding is permitted, no person shall intentionally or negligently ride a horse to the danger of any other person using the ground.

Climbing

5. No person shall, without reasonable excuse, climb any wall or fence in or enclosing the ground, or any tree, or barrier, railing, post or other structure.

Removal of structures

6. No person shall, without reasonable excuse, remove from or displace in the ground any barrier, railing, post or seat, or any part of any structure or ornament, or any implement provided for use in the laying out or maintenance of the ground.

Erection of structures

7. No person shall in the ground, without the consent of the Council, erect any post, rail, fence, pole, tent, booth, stand, building or other structure.

Camping

8. No person shall in the ground, without the consent of the Council, erect a tent or use any

vehicle, including a caravan, or any other structure for the purpose of camping, except in an area which may be set apart and indicated by notice as a place where camping is permitted.

Fires

9. (1) No person shall in the ground intentionally light a fire, or place, throw or let fall a lighted match or any other thing so as to be likely to cause a fire.

(2) Byelaw 9. (1) shall not apply to any event held with the consent of the Council.

(3) Byelaw 9. (1) shall not prevent the lighting or use of a properly constructed camping stove or cooker in an area set aside for the purpose, in such a manner as not to cause danger of or damage by fire.

Children's play areas

10. (1) No person who has attained the age of 14 years shall enter or (remain in the children's play area in any of the grounds listed in the Schedule C to these byelaws).

(2) Byelaw 10. (1) shall not apply to any person who is bona fide in charge of a child under the age of 14 years.

Children's play apparatus

11. (1) No person who has attained the age of 14 years shall use any apparatus in the ground which, by notice placed on or near thereto, has been set aside by the Council for the exclusive use of persons under the age of 14 years.

(2) Byelaw 11. (1) applies to any of the grounds listed in Schedule C to these byelaws.

Games

12. Where the Council has, by a notice placed in a conspicuous position in the ground, set apart an area in a ground for the playing of such games as may be specified in the notice, no person shall;

  (a) play in such an area any game other than the game for which it has been set apart;

  (b) use any such area so as to give reasonable grounds for annoyance to any person

  already using that area for any purpose for which it has been set apart, or

  (c) when the area is already occupied by other players begin to play thereon without

  their permission;

(d) where the exclusive use of the area has been granted by the Council for the playing of

a match, play on that area later than a quarter of an hour before the time fixed for the be-ginning of the match unless taking part therein; or

  (e) except where the exclusive use of the area has been granted by the Council for the

  playing of a match in which he is taking part, use the area for a longer time than two

  hours continuously, if any other player or players make known to him the wish to use the

  area.

13.   No person shall, in an area of the ground which may have been set apart by the Council for any   game, play any game when the state of the ground or other cause makes it unfit for use and a notice is placed in a conspicuous position prohibiting play in that area of the ground.



14.   (1)   No person shall in the ground play any game:

(a) so as to give reasonable grounds for annoyance to any other person in the ground, or

(b) which is likely to cause damage to any tree, shrub or plant in the ground.

(2) Byelaw 14. (1) shall not extend to any area set apart by the Council for the playing of any game.

Trading

15. No person shall in the ground, without the consent of the Council, sell, or offer or expose for sale, or let to hire, or offer or expose for letting to hire, any commodity or article or provide or offer to provide any service for which a charge is made.

Grazing

16. No person shall, without the consent of the Council, turn out or permit any animal to graze in the ground.

Protection of flower beds, trees, grass, etc

17. No person who brings or causes to be brought into the ground a vehicle shall wheel or park it over or upon:

(a) any flower bed, shrub or plant, or any ground in the course of preparation as a flower bed, or for the growth of any tree, shrub or plant; or

(b) any part of the ground where the Council, by a notice placed in a conspicuous position in the ground, prohibits its being wheeled or parked.

18. No person shall in the ground enter upon:

(a) any flower bed, shrub or plant, or any ground in the course of preparation as a flower bed, or for the growth of any tree, shrub or plant: or

(b) any part of the ground set aside for the renovation of grass or turf, where adequate notice to keep off such grass or turf is exhibited.

Removal of substances

19. No person shall remove or displace in the ground any stone, soil or turf, or the whole or any part of any plant, shrub or tree.

Archery

20. No person shall in the ground, except in connection with an event organised by or held with the consent of the Council, engage in the sport of archery.

Field sports

21. No person shall in the ground, except in connection with an event organised by or held with the consent of the Council, engage in the sport of javelin or discus or hammer-throwing or shotputting.

Golf

22. No person shall in the ground drive, chip or pitch a hard golf ball.

Skateboarding and roller skating

23. No person shall in the ground skate, slide or ride on rollers, skateboards, wheels, mechanical contrivances or other equipment in such a manner as to cause danger or nuisance or give reasonable grounds for annoyance to other persons in the ground.

Missiles

24. No person shall in the ground, to the danger or annoyance of any other person in the ground, throw or discharge any missile.

Kites

25. No person shall in the ground fly or cause or permit to be flown any kite in such a manner as to cause a danger, nuisance or annoyance to any other person in the ground.

Noise

26. (1) No person shall in the ground, after being requested to desist by an officer of the Council, or by any person annoyed or disturbed, or by any person acting on his behalf:

(a) by shouting or singing;

(b) by playing on a musical instrument; or

(c) by operating or permitting to be operated any radio, gramophone, amplifier, tape recorder or similar instrument;

cause or permit to be made any noise which is so loud or so continuous or repeated as to give reasonable cause for annoyance to other persons in the ground.

(2) This byelaw shall not apply to any person holding or taking part in any entertainment held with the consent of the Council.

Public shows and Performances

27. No person shall in the ground, without the consent of the Council, hold or take part in any public show or performance.

Exhibitions and structures

28. No person shall in the ground, without the consent of the Council, place or take part in any exhibition, or set up any swing, roundabout or other like thing.

Obstruction

29. No person shall in the ground:

(a) intentionally obstruct any officer of the Council in the proper execution of his duties;

(b) intentionally obstruct any person carrying out an act which is necessary to the proper execution of any contract with the Council; or

(c) intentionally obstruct any other person in the proper use of the ground, or behave so as to give reasonable grounds for annoyance to other persons in the ground.

Savings

30. (1) An act necessary to the proper execution of his duty in the ground by an officer of the

Council, or any act which is necessary to the proper execution of any contract with the Council, shall not be an offence under these byelaws.

(2) Nothing in or done under any of the provisions of these byelaws shall in any respect prejudice or injuriously affect any public right of way through the ground, or the rights of any person acting legally by virtue of some estate, right or interest in, over or affecting the ground or any part thereof.

Removal of offenders

31. Any person offending against any of these byelaws may be removed from the ground by any officer of the Council or a constable.

Penalty

32. Any person offending against any of these byelaws shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Revocation

33 The byelaws made by DITTON PARISH COUNCIL on the 17th March 1975 and confirmed by the Secretary of State for the Home Office on the 22nd May 1975 relating to the grounds are hereby revoked.

The grounds referred to in Byelaw 1 are as follows:

Schedule A

  The Ditton Court Quarry

  The Ditton Village Green

  The Kiln Barn Road Recreation Ground

  The New Road Recreation Ground

The ground referred to in Byelaw 3 is as follows:

Schedule B

The New Road Recreation Ground

The play areas referred to in Byelaws 10 and 11 are as follows:

Schedule C

The Kiln Barn Road Recreation Ground Play Area

The New Road Recreation Ground Play Area

	Ditton Parish Council - Byelaws PLEASURE GROUNDS, PUBLIC WALKS AND OPEN SPACES

PLEASURE GROUNDS, PUBLIC WALKS AND OPEN SPACES
Byelaws made by the DITTON PARISH COUNCIL under section 164 of the Public Health Act 1875, section 15 of the Open Spaces Act 1906 and sections 12 and 15 of the Open Spaces Act 1906 with respect to pleasure grounds, public walks and open spaces. Interpretation 1. In these byelaws: “the Council” means DITTON PARISH COUNCIL; “the ground” means any of the grounds listed in Schedule A to the bye laws. Vehicles 2. (1) No person shall, without reasonable excuse, ride a cycle or bring or cause to be brought into the ground a motor cycle, motor vehicle, trailer or any other mechanically propelled vehicle (other than a cycle) except in any part of the ground where there is a right of way for that class of vehicle. (2) These byelaws shall not extend to invalid carriages. (3) In these byelaws: “cycle” means a unicycle, bicycle, a tricycle, or a cycle having four or more wheels, not being in any case a motor cycle or motor vehicle. “invalid carriage” means a vehicle, whether mechanically propelled or not, the unladen weight of which does not exceed 150 kilograms, the width of which does not exceed 0.85 metres and which has been constructed or adapted for use for the carriage of one person, being a person suffering from some physical defect or disability and is used solely by such person; “motor cycle means a mechanically propelled vehicle, whether or not intended or adapted for use on roads, not being an invalid carriage, with less than four wheels and a weight of which unladen does not exceed 410 kilograms. “motor vehicle” means a mechanically propelled vehicle, whether or not adapted for use on roads, not being an invalid carriage. “trailer” means a vehicle drawn by a motor vehicle and includes a caravan. Overnight parking 3. (1) No person shall, without the consent of the Council, leave or cause or permit to be left any vehicle in the ground between the hours of 12 midnight and 6 a.m. (2) Byelaw 3. (1) applies to any of the grounds listed in Schedule B to these byelaws. Horses 4. (a) No person shall, except in the exercise of any lawful right or privilege, ride a horse in the ground. (b) In any part of the ground where by any lawful right or privilege horse riding is permitted, no person shall intentionally or negligently ride a horse to the danger of any other person using the ground. Climbing 5. No person shall, without reasonable excuse, climb any wall or fence in or enclosing the ground, or any tree, or barrier, railing, post or other structure. Removal of structures 6. No person shall, without reasonable excuse, remove from or displace in the ground any barrier, railing, post or seat, or any part of any structure or ornament, or any implement provided for use in the laying out or maintenance of the ground. Erection of structures 7. No person shall in the ground, without the consent of the Council, erect any post, rail, fence, pole, tent, booth, stand, building or other structure. Camping 8. No person shall in the ground, without the consent of the Council, erect a tent or use any vehicle, including a caravan, or any other structure for the purpose of camping, except in an area which may be set apart and indicated by notice as a place where camping is permitted. Fires 9. (1) No person shall in the ground intentionally light a fire, or place, throw or let fall a lighted match or any other thing so as to be likely to cause a fire. (2) Byelaw 9. (1) shall not apply to any event held with the consent of the Council. (3) Byelaw 9. (1) shall not prevent the lighting or use of a properly constructed camping stove or cooker in an area set aside for the purpose, in such a manner as not to cause danger of or damage by fire. Children's play areas 10. (1) No person who has attained the age of 14 years shall enter or (remain in the children's play area in any of the grounds listed in the Schedule C to these byelaws). (2) Byelaw 10. (1) shall not apply to any person who is bona fide in charge of a child under the age of 14 years. Children's play apparatus 11. (1) No person who has attained the age of 14 years shall use any apparatus in the ground which, by notice placed on or near thereto, has been set aside by the Council for the exclusive use of persons under the age of 14 years. (2) Byelaw 11. (1) applies to any of the grounds listed in Schedule C to these byelaws. Games 12. Where the Council has, by a notice placed in a conspicuous position in the ground, set apart an area in a ground for the playing of such games as may be specified in the notice, no person shall; (a) play in such an area any game other than the game for which it has been set apart; (b) use any such area so as to give reasonable grounds for annoyance to any person already using that area for any purpose for which it has been set apart, or (c) when the area is already occupied by other players begin to play thereon without their permission; (d) where the exclusive use of the area has been granted by the Council for the playing of a match, play on that area later than a quarter of an hour before the time fixed for the be-ginning of the match unless taking part therein; or (e) except where the exclusive use of the area has been granted by the Council for the playing of a match in which he is taking part, use the area for a longer time than two hours continuously, if any other player or players make known to him the wish to use the area. 13. No person shall, in an area of the ground which may have been set apart by the Council for any game, play any game when the state of the ground or other cause makes it unfit for use and a notice is placed in a conspicuous position prohibiting play in that area of the ground. 14. (1) No person shall in the ground play any game: (a) so as to give reasonable grounds for annoyance to any other person in the ground, or (b) which is likely to cause damage to any tree, shrub or plant in the ground. (2) Byelaw 14. (1) shall not extend to any area set apart by the Council for the playing of any game. Trading 15. No person shall in the ground, without the consent of the Council, sell, or offer or expose for sale, or let to hire, or offer or expose for letting to hire, any commodity or article or provide or offer to provide any service for which a charge is made. Grazing 16. No person shall, without the consent of the Council, turn out or permit any animal to graze in the ground. Protection of flower beds, trees, grass, etc 17. No person who brings or causes to be brought into the ground a vehicle shall wheel or park it over or upon: (a) any flower bed, shrub or plant, or any ground in the course of preparation as a flower bed, or for the growth of any tree, shrub or plant; or (b) any part of the ground where the Council, by a notice placed in a conspicuous position in the ground, prohibits its being wheeled or parked. 18. No person shall in the ground enter upon: (a) any flower bed, shrub or plant, or any ground in the course of preparation as a flower bed, or for the growth of any tree, shrub or plant: or (b) any part of the ground set aside for the renovation of grass or turf, where adequate notice to keep off such grass or turf is exhibited. Removal of substances 19. No person shall remove or displace in the ground any stone, soil or turf, or the whole or any part of any plant, shrub or tree. Archery 20. No person shall in the ground, except in connection with an event organised by or held with the consent of the Council, engage in the sport of archery. Field sports 21. No person shall in the ground, except in connection with an event organised by or held with the consent of the Council, engage in the sport of javelin or discus or hammer-throwing or shotputting. Golf 22. No person shall in the ground drive, chip or pitch a hard golf ball. Skateboarding and roller skating 23. No person shall in the ground skate, slide or ride on rollers, skateboards, wheels, mechanical contrivances or other equipment in such a manner as to cause danger or nuisance or give reasonable grounds for annoyance to other persons in the ground. Missiles 24. No person shall in the ground, to the danger or annoyance of any other person in the ground, throw or discharge any missile. Kites 25. No person shall in the ground fly or cause or permit to be flown any kite in such a manner as to cause a danger, nuisance or annoyance to any other person in the ground. Noise 26. (1) No person shall in the ground, after being requested to desist by an officer of the Council, or by any person annoyed or disturbed, or by any person acting on his behalf: (a) by shouting or singing; (b) by playing on a musical instrument; or (c) by operating or permitting to be operated any radio, gramophone, amplifier, tape recorder or similar instrument; cause or permit to be made any noise which is so loud or so continuous or repeated as to give reasonable cause for annoyance to other persons in the ground. (2) This byelaw shall not apply to any person holding or taking part in any entertainment held with the consent of the Council. Public shows and Performances 27. No person shall in the ground, without the consent of the Council, hold or take part in any public show or performance. Exhibitions and structures 28. No person shall in the ground, without the consent of the Council, place or take part in any exhibition, or set up any swing, roundabout or other like thing. Obstruction 29. No person shall in the ground: (a) intentionally obstruct any officer of the Council in the proper execution of his duties; (b) intentionally obstruct any person carrying out an act which is necessary to the proper execution of any contract with the Council; or (c) intentionally obstruct any other person in the proper use of the ground, or behave so as to give reasonable grounds for annoyance to other persons in the ground. (c) intentionally obstruct any other person in the proper use of the ground, or behave so as to give reasonable grounds for annoyance to other persons in the ground. Savings 30. (1) An act necessary to the proper execution of his duty in the ground by an officer of the Council, or any act which is necessary to the proper execution of any contract with the Council, shall not be an offence under these byelaws. (2) Nothing in or done under any of the provisions of these byelaws shall in any respect prejudice or injuriously affect any public right of way through the ground, or the rights of any person acting legally by virtue of some estate, right or interest in, over or affecting the ground or any part thereof. Removal of offenders 31. Any person offending against any of these byelaws may be removed from the ground by any officer of the Council or a constable. Penalty 32. Any person offending against any of these byelaws shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale. Revocation 33 The byelaws made by DITTON PARISH COUNCIL on the 17th March 1975 and confirmed by the Secretary of State for the Home Office on the 22nd May 1975 relating to the grounds are hereby revoked. The grounds referred to in Byelaw 1 are as follows: Schedule A The Ditton Court Quarry The Ditton Village Green The Kiln Barn Road Recreation Ground The New Road Recreation Ground The ground referred to in Byelaw 3 is as follows: Schedule B The New Road Recreation Ground The play areas referred to in Byelaws 10 and 11 are as follows: Schedule C The Kiln Barn Road Recreation Ground Play Area The New Road Recreation Ground Play Area