Stebbing Green Byelaws

STEBBING PARISH COUNCIL byelaws for PLEASURE GROUNDS,
public walks and open spaces

ARRANGEMENT OF BYELAWS

 

PART 1

GENERAL

1.    General interpretation

2.    Application

 

PART 2

PROTECTION OF THE GROUND, ITS WILDLIFE AND THE PUBLIC

3.    Protection of structures and plants

4.    Unauthorised erection of structures

5.    Climbing

6.    Grazing

7.    Protection of wildlife

8.    Gates

9.    Camping

10.  Fires

11.  Missiles

12.  Interference with life-saving equipment

     

     PART 3

HORSES, CYCLES AND VEHICLES

13.  Interpretation of Part 3

14.  Horses  - Horse riding permitted but must not cause danger

15.  Cycling

16.  Motor vehicles

17.  Overnight parking

PART 4

PLAY AREAS, GAMES AND SPORTS

18.  Interpretation of Part 4

19.  Ball games  - ball games permitted but must not cause danger

20.  Cricket

21.  Archery

22.  Field sports

23.  Golf  - Prohibited

 

PART 5

WATERWAYS

24.  Interpretation of Part 5

25.  Bathing

26.  Fishing

27.  Pollution

28.  Blocking of watercourses

 

PART 6

MODEL AIRCRAFT

29.  Interpretation of Part 6

30.  Model aircraft  - General prohibition

 

PART 7

OTHER REGULATED ACTIVITIES

31.  Provision of services

32.  Excessive noise

33.  Public shows and performances

34.  Aircraft, hang-gliders and hot air balloons

35.  Kites

36.  Metal detectors

 

PART 8

MISCELLANEOUS

37.  Obstruction

38.  Savings

39.  Removal of offenders

40.  Penalty

Byelaws made under section 164 of the Public Health Act 1875, and sections 12 and 15 of the Open Spaces Act 1906 by Stebbing Parish Council with respect to Land at Stebbing Green, Stebbing, Dunmow, Essex CM6 3TE registered with HM Peterborough District Land Registry under Title No.EX716924 shown black/grey on attached Map.

.

 

PART 1

GENERAL

General Interpretation

1.            In these byelaws:

 

 

 “the Council” means Stebbing Parish Council;

 

 “the ground” means Land at Stebbing Green, Stebbing, Dunmow, Essex CM6 3TE registered with HM Peterborough District Land Registry under Title No.EX716924 Map Ref HM Land Registry SS 11/2004 shown black/grey on attached map.

 

 “invalid carriage” means a vehicle, whether mechanically propelled or not,

 

 (a) the unladen weight of which does not exceed 150 kilograms,

 

 (b) the width of which does not exceed 0.85 metres, and

 

 (c) which has been constructed or adapted for use for the carriage  of a person suffering from a disability, and used solely by such  a person.

 

Application

2 These byelaws apply to Land at Stebbing Green, Stebbing, Dunmow, Essex CM6 3TE registered with HM Peterborough District Land Registry under Title No.EX716924  Ref H.M.Land Registry SS 11/2004 shown black/grey on attached map.

 

     

     PART 2

 

PROTECTION OF THE GROUND, ITS WILDLIFE AND THE PUBLIC

 

Protection of structures and plants

 

3. (1) No person shall without reasonable excuse remove from or displace   within the ground:

 

(a) any barrier, post, seat or implement, or any part of a structure or ornament provided for use in the laying out or maintenance of the ground; or

 

(b) any stone, soil or turf or the whole or any part of any plant, shrub or tree.

 

 (2) No person shall walk on or ride, drive or station a horse or any vehicle  over:

 

 (a) any flower bed, shrub or plant;

 

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

 

 (c) any part of the ground set aside by the Council for the  renovation of turf or for other landscaping purposes and  indicated by a notice conspicuously displayed.

 

Unauthorised erection of structures

 

4. No person shall without the consent of the Council erect any barrier, post, ride  or swing, building or any other structure.

 

Climbing

 

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

 

Grazing

 

6. No person shall without the consent of the Council turn out or permit any  animal for which he is responsible to graze in the ground.

 

Protection of wildlife

 

7. No person shall kill, injure, take or disturb any animal, or engage in hunting or  shooting or the setting of traps or the laying of snares.

 

Gates

 

8. (1) No person shall leave open any gate to which this byelaw applies and   which he has opened or caused to be opened.

 

 (2) Byelaw  8(1) applies to any gate to which is attached, or near to    which is displayed, a conspicuous notice stating that leaving the gate   open is prohibited.

 

Camping

 

9. No person shall without the consent of the Council erect a tent or use a  vehicle, caravan or any other structure for the purpose of camping.

 

 

 

Fires

 

10. (1) No person shall light a fire or place, throw or drop a lighted match or   any other thing likely to cause a fire.

 

 (2) Byelaw 10(1) shall not apply to the lighting of a fire at any event for   which the Council has given permission that fires may be lit.

 

  

Missiles

 

11. No person shall throw or use any device to propel or discharge in the ground  any object which is liable to cause injury to any other person.

 

Interference with life-saving equipment

 

12. No person shall except in case of emergency remove from or displace within  the ground or otherwise tamper with any life-saving appliance provided by the  Council.

 

 

PART 3

 

HORSES, CYCLES AND VEHICLES

 

Interpretation of Part 3

 

13. In this Part:

 

 “designated route” means a route in or through the ground which is set aside for a specified purpose, its route and that purpose to be indicated by notices placed in a conspicuous position;

 

 “motor cycle” means a mechanically-propelled vehicle, not being an invalid carriage, with less than four wheels and the weight of which does not exceed 410 kilograms;

 

 “motor vehicle” means any mechanically-propelled vehicle other than a motor cycle or an invalid carriage;

 

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

 

Horses

 

14. No person shall ride a horse in the ground in such a manner as to cause  danger to any other person.

 

Cycling

 

15. No person shall without reasonable excuse ride a cycle in the ground except  in any part of the ground where there is a right of way for cycles or on a  designated route for cycling.

 

 

 

 

Motor vehicles

 

16. No person shall without reasonable excuse bring into or drive in the ground a  motor cycle, motor vehicle or trailer except in any part of the ground where  there is a right of way.

 

 

 

Overnight parking

 

17. No person shall without the consent of the Council leave or cause or permit to  be left any motor vehicle in the ground between the hours of 10 p.m. and 6  a.m..

 

 

PART 4

 

PLAY AREAS, GAMES AND SPORTS

 

Interpretation of Part 4

 

18. In this Part:

 

 “ball games” means any game involving throwing, catching, kicking, batting or  running with any ball or other object designed for throwing and catching, but  does not include cricket;

 

Ball games

 

 

19. No person shall play ball games in the ground as to cause danger or give  reasonable grounds for annoyance to any other person in the ground.

 

Cricket

 

20. No person shall throw or strike a cricket ball with a bat except in a  designated  area for playing cricket.

 

Archery

 

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

 

Field sports

 

22. No person shall throw or put any javelin, hammer, discus or shot except in  connection with an event organised by or held with the consent of the  Council.

 

Golf

 

23. No person shall drive, chip or pitch a hard golf ball.

 

 

 

PART 5

 

WATERWAYS

 

Interpretation of Part 5

 

24. In this Part:

 

 “boat” means any yacht, motor boat or similar craft but not a model or toy boat;

 

 “power-driven” means driven by the combustion of petrol vapour or other combustible substances;

 

 “waterway” means any river, lake, pool or other body of water and includes  any fountain.

 

Bathing

 

25. No person shall without reasonable excuse bathe or swim in any waterway.

 

Fishing

 

26. No person shall in any waterway cast a net or line for the purpose of catching  fish or other animals [except in a designated area for fishing].

 

Pollution

 

27. No person shall foul or pollute any waterway.

 

Blocking of watercourses

 

28. No person shall cause or permit the flow of any drain or watercourse in the  ground to be obstructed, diverted, open or shut or otherwise move or operate  any sluice or similar apparatus.

 

 

PART 6

MODEL AIRCRAFT

 

Interpretation of Part 6

 

29. In this Part:

 

 “model aircraft” means an aircraft which weighs not more than 7 kilograms without its fuel;

 

 “power-driven” means driven by:

 

  (a) the combustion of petrol vapour or other combustible     substances;

 

  (b) jet propulsion or by means of a rocket, other than by means of    a small reaction motor powered by a solid fuel pellet not     exceeding 2.54 centimetres in length; or

 

  (c) one or more electric motors or by compressed gas.

 

 “radio control” means control by a radio signal from a wireless transmitter  or  similar device.

 

 

 

 

General prohibition

 

30. No person shall cause any power-driven model aircraft to:

 

 (a) take off or otherwise be released for flight or control the flight of such   an aircraft in the ground; or

 

 (b)  land in the ground without reasonable excuse.

 

     PART 7

 

OTHER REGULATED ACTIVITIES

 

Provision of services

 

31. No person shall without the consent of the Council provide or offer to provide  any service for which a charge is made.

 

Excessive noise

 

32. (1) No person shall, after being requested to desist by any other   person in the ground, make 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 by:

 

   (a) shouting or singing;

 

   (b) playing on a musical instrument; or

 

   (c) by operating or permitting to be operated any radio, amplifier,   tape recorder or similar device.

 

  (2) Byelaw 32(1) does not apply to any person holding or taking part in  any entertainment held with the consent of the Council.

 

Public shows and performances

 

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

 

Aircraft, hang gliders and hot air balloons

 

34. No person shall except in case of emergency or with the consent of the  Council take off from or land in the ground in an aircraft, helicopter, hang  glider or hot air balloon.

 

 

Kites

 

35. No person shall fly any kite in such a manner as to cause danger or give  reasonable grounds for annoyance to any other person.

 

Metal detectors

 

36. No person shall without the consent of the Council use any device designed  or adapted for detecting or locating any metal or mineral in  the ground.

 

 

 

PART 8

 

MISCELLANEOUS

 

Obstruction

 

37. No person shall obstruct:

 

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

 

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

 

 (c) any other person in the proper use of the ground.

 

Savings

 

38. (1) It shall not be an offence under these byelaws for an officer of the  Council or any person acting in accordance with a contract with the  Council to do anything necessary to the proper execution of his duty.

 

 (2) Nothing in or done under 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 lawfully by virtue of some estate, right or   interest in, over or affecting the ground or any part of the ground.

 

Removal of offenders

 

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

 

Penalty

 

40. 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.

 

Given under our seal this 14th day of December 2006

 

 

Signed…………………………………….

Michael Kingdom – Chairman of Stebbing Parish Council