COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, February 14, 2011
MOTION NO. 5
MOTION: Councillor R. Dowds
That South Dublin County Council enacts the Parks Bye-Laws so that the Gardai can enforce them.
REPORT:
The following Bye-laws for the Control and Regulation of the Use of Parks, Open Spaces and Recreational Playing Grounds owned, controlled by, or in the charge of South Dublin County Council came into effect on the 1st June l996.
Subsequently, Bye-laws Prohibiting the Consumption of Intoxicating Liquor in Public Places within the County of South Dublin came into effect on the 7th Day of August, 2001.
Downloads | Parks General - SDCC Mambo - Link to Bye-Laws
An Garda Síochaná continues to actively enforce the provisions of these Bye-laws on behalf of the Council.
The following table sets out the numbers of Fixed Payment Notices issued by the Gardaí pursuant to the provisions of Paragraph 7 of the Bye-laws prohibiting the Consumption of Intoxicating Liquor in Public Places.
| 2008 | 119 |
| 2009 | 77 |
| 2010 | 261 |
| 2011 | 19 (at 6th February) |
While the numbers of Fixed Payment Notices issued in 2009 was substantially down on previous years the number of FPN’s issued to date in 2010 (261) exceeded the overall numbers for previous years.
It is suggested the increase may be due to the favourable weather conditions where youths are engaging in alcohol related offences in parks, open spaces and recreational playing grounds.
A request for details has also been made to An Garda Síochána as to the numbers of fines issued pursuant to the provisions of Sections 23A and 23B of the Criminal Justice (Public Order) Act, 1994 which provides for the issue of a Fixed Charge Offence in respect of Intoxication in a Public Place.
As a result of the substantial social, cultural and policy changes which have taken place since the current Bye-laws came into force in 1996, the Council’s Parks Department is undertaking a complete review of the Bye-laws to ensure that they are up to date and reflective of the issues that now face the Management and users of the Council’s parks, open spaces and recreational playing grounds.
It is also considered important that the 1996 Bye-laws be updated with a view to strengthening and coordinating the enforcement powers available to the Council and An Garda Síochána under the following Statutes, 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:
Criminal Justice (Public Order) Act 1994
Litter Pollution Act 1997
Casual Trading Act 1995
Control of Horses Act 1996
Control of Dogs Act 1986
Local Government (Water Pollution) (Amendment) Act, 1990,
Firearms and Offensive Weapons Act, 1990
The attached report was brought before the meeting of the Sport, Recreation Community and Parks SPC on 14th September last when it was agreed that Parks Dept would consult with the Gardai in relation to the proposed prohobition of use of quad bikes in Council parks, that the draft bye-laws for parks and open spaces be referred to the Law Department for review and that the Council would engage in a broad consultative process with local community groups, residents' assocations and youth organisations throughout the County. http://intranet/cmas/documentsview.aspx?id=29446
Furthermore a meeting took place with Senior Gardai representatives on the 14th October 2010 to clarify details regarding the designation of public places and open spaces under the proposed Bye Laws as exist under the Roads Traffic Act 1994 for the seizures of MPVs, Quads and scrambler bikes also the cost involved for seizures and storage of such vehicles.
The draft Bye Laws will now be forwarded to the Councils Law Agent for his opinion and ammendments where necessary, on receipt of this the Bye Laws will be forwarded to the Members for their observation prior to going on display for public consultation. When this exercise is complete the Bye Laws will be presented to the members for their approval as the making of a Bye Law is a Reserve Function.