Review of Park Bye-laws.

The existing Park Bye-laws 1996 (Bye-laws.) were made under Part VIII of the Local Government Act 1994. The Bye-laws were adopted by the Council and came into force on 1^st June 1996.

While the current Bye-laws have served us well, substantial social, cultural and policy changes have taken place since they came into effect in 1996. It is therefore timely that the Bye-laws be reviewed, amended and updated to reflect the requirements of the society in which we now live and that they are reflective of the issues that now face the management and users of the Council’s parks, open spaces and recreational playing grounds.

As part of this review, a number of issues have been identified for which specific provision is not included in the current Bye-laws.

The most significant issue that has emerged is the unauthorised use of motorbikes, scramblers and quad bikes in public parks.

There is no specific reference to these vehicles in the current Bye-laws and no specific actions authorised. This matter has been specifically raised by the Garda representatives on the Parks sub group of the Joint Policing Committee. The Gardaí have identified a gap in the powers available to them to deal with such vehicles in public parks and open spaces.

 The sub group report – entitled “Reclaiming our Parks” was presented to the Joint Policing committee on Friday 10^th September and includes specific recommendations in relation to this issue. To address this issue, it has been agreed to invite the Gardaí to input specifically in relation to a new section in the bye-laws so that specific powers can be included to control and regulate the problem more effectively.   

Other specific issues that are being addressed include -

• The designation of areas where cycling will be permitted e.g. cycle tracks and green routes.

• The designation of areas for where skateboards, roller skates and bicycles may be used

• The facility to designate areas where dogs may be exercised off the leash and / or times when dogs may be let off the leash

• Regulations for dealing with dog fouling

• The facility to designate areas for barbecues.

General issues to be addressed include –

·         a shorter, more user friendly title –

“Bye-Laws for Public Parks and Open Spaces”

to replace the current title which is considered to be quite unwieldy - 

“Bye-laws for the control and regulation of Parks, Open spaces and Recreational Grounds owned, controlled by, or in the charge of South Dublin County Council”

·         Review and updating of the definitions to reflect changes and provide clarity. 

·         Reference to relevant national legislation and regulation introduced since the Bye-laws were adopted (including the Local Government Act 2001 as the basis for the Bye –laws).

Power to make Bye-laws.

The statutory provision for the making of Bye-laws is now covered by Part 19, Sections 199 of the Local Government Act 2001. (S.I. 37/2001).

Number 37/2001: LOCAL GOVERNMENT ACT, 2001

The approval of a draft bye-law, the consideration of submissions in relation to such draft bye-law and the making, amendment or revocation of a bye-law, is a Reserved Function.

Section 199, subsection (1)states that-

 

 “Subject to subsection (7), a local authority may make a bye-law for or in relation to the use, operation, protection, regulation or management of any land, services, or any other matter provided by or under the control or management of the local authority, whether within or without its functional area or in relation to any connected matter.”

 

Section 199, subsection (2), sets out the principles to be observed when making Bye-laws:

 

(a) Subject to this subsection and subsection (7), a local authority may make a bye-law where in its opinion it is desirable in the interests of the common good of the local community—

(i) that any activity or other matter should be regulated or controlled by bye-law, or

 

(ii) that any nuisance should be controlled or suppressed by bye-law.

(b) A bye-law may not be made under this subsection for a purpose as respects which provision for that particular purpose is made by or under any other enactment or may be made under such enactment.

Subsection 7 states that –

“The appropriate Minister may by regulation prescribe matters or classes of matters in respect of which local authorities are not entitled to make a bye-law.”

 The following Statutes are already in place, all of which impinge on the safety and enjoyment of persons using parks, open spaces and recreational playing grounds and which also impact significantly on the public realm:

Control of Dogs Act 1986

Local Government (Water Pollution) (Amendment) Act, 1990,

Firearms and Offensive Weapons Act, 1990

Criminal Justice (Public Order) Act 1994 

Casual Trading Act 1995

Control of Horses Act 1996

Litter Pollution Act 1997

The provisions of these Acts will not therefore be replicated in the draft Bye-laws but will be referenced as appropriate.

Section 199, subsection (3) states that-

 

“Any bye-law may include such provisions as the local authority considers appropriate for its effective application, operation and enforcement and generally to achieve the purposes for which it is made, including-

(a) its application at all times or at specified times;

(b) its application throughout the functional area of the local authority or in any specified part of that functional area;

(c) the prohibition of any activity, matter or thing;

(d) the prescription of specified standards or requirements for, or in relation to, specified activities, matters or things;

(e) the exception of classes of persons or things from the bye-law either subject to or without compliance with specified conditions;

(f) the conduct of persons at specified places or in specified circumstances;

(g) the issue of licences or other authorisations by the local authority subject to or without condition and to have effect permanently or for a specified period;

(h) the payment of a fee or charge at a specified time by any person in respect of any specified matter governed by a bye-law;

(i) the specification of a fine for a contravention of a specified provision of a bye-law as provided by section 205 ;

(j) the specification of a fixed payment as an alternative to a prosecution for a contravention of a specified provision of a bye-law as provided for by section 206 .

 

The procedure for the making of Bye-laws is set out in Part 19, Section 200 of the Local Government Act 2001.

In summary, not less than 2 months before making a bye-law, a local authority shall-

• Publish a public notice stating the general purpose of the bye-law being made and, where appropriate, that provision is being made for the imposition of fixed payments for breaches of the bye-law.
• Indicate the period (not less than 1 month) and place where the draft bye-law may be inspected
• Provide a copy of the bye-law on request to any person (includes provision for a fee for this service)
• Consider submissions submitted in writing within a defined period
• Keep a copy of the bye-law available for public inspection during ordinary office hours
• Send copies of the bye-law to any persons prescribed by regulation
• Consider any submissions made
• Make the bye-law in accordance with the draft or subject to any changes the local authority may determine
• Not make the bye-law
• The Bye-law shall come into effect on the date specified in the bye-law, which shall be not less than 30 days after its making.
• Notice of the making of the bye-law to be published in Iris Oifigiúil and in one or more newspapers circulating in the area to which the bye-law relates.

In terms of public information, Section 202, subsection 5, sets out certain requirements in terms of informing the public of bye-laws in force.

“Where a bye-law relates to the use, regulation or management of land provided by a local authority, a local authority shall endeavour to keep a notice displayed at or near such land that a bye-law applies to it.

 

Failure to provide or to keep a notice is not a defence in any prosecution for contravention of a provision of a bye-law”.

 

Section 204 defines “authorised person” for the purposes of enforcement and measures to deal with persons who fail to follow the directions of authorised person or who obstruct such a person.

Sections 205, 206, 207 and 208 set out details of offences, penalties, fixed payment notices, prosecutions and arrangements for payment of fines and fixed payments.

It is intended to have draft bye-laws prepared for review by the Council’s Law Agent by the end of October. Following review by the Law Agent, it is intended to proceed to the next most convenient Council Meeting to seek approval to publish the draft bye-laws and go out to public consultation.

Any input from the Committee in relation to the review of the Bye-laws would be most welcome.