COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, January 16, 2012
QUESTION NO. 8
QUESTION: Councillor E. Higgins
To ask the Manager to report on proposals in relation to prohibiting off road vehicles (including quad bikes) in public parks?
REPLY:
The 2011 Park Bye-laws contain specific provisions in relation to the use of unauthorised vehicles in public parks and open spaces.
Section 3 sets out the provisions in relation to motor vehicles.
3. Traffic:-
3.1 Save with the permission of the Council, no person shall bring into a Park any Mechanically Propelled Vehicle which includes for the avoidance of doubt motorcycles, motor-cross / quad bikes or other powered vehicles. Such vehicles may be removed from the park / open space by An Garda Siochana.
3.2 Where a Mechanically Propelled Vehicle is permitted access to a Park (e.g. Council fleet, commercial suppliers), the vehicle shall be driven carefully subject to a maximum speed limit of 20kph on the authorised routes within the Park, other than where expressly permitted by the Council.
3.3 A Mechanically Propelled Vehicle shall be parked in car parks, where provided, or in such places as may be set aside from time to time as temporary parking places.
3.4 Car parks may only be used by users and patrons of a Park. No person shall carry out commercial activity or advertising in the car parks unless permitted by the Council. Further, no person shall make use of car park for “park and ride” purposes.
3.5 The use of bicycles, skateboards, in-line skates, roller-skates, non motorised scooters and similar vehicles are permitted subject to careful use and consideration for other Park users. A maximum speed limit of 20kph shall apply to all such vehicles with the exception of areas designated for cycle training and races by prior agreement with the Council.
Enforcement and Penalties for breaches of the Bye-laws are set out in Sections 8 and 9.
8. Enforcement and Penalties:-
8.1 An Authorised Person and/or a member of the Garda Siochána shall have free and unencumbered access to any Park at all time whether during or outside of the official opening times, in the normal exercise of their duty, and shall not require the prior permission of the Council to gain such access.
8.2. An Authorised Person and/or a member of the Garda Siochána may request any person who appears to be committing or to have committed in any Park a contravention of any of the provisions of these Bye-Laws or who appears to be committing or to have committed in any park an offence under any Public General Act or Statute (including the Misuse of Drugs Act, 1977 or any Act amending or extending the same) or under the common law to leave such Park or to refrain from any activity and may remove any person failing to comply with such request from such Park.
8.3. Where an Authorised Person and/or a member of the Garda Siochána has reasonable grounds for believing that a person is committing or has committed in any park a contravention of any of the provisions of these Bye-Laws such authorised person or member may request such person to give his or her name and address. Failure of any person to give his or her name and address when requested to do so or give a name or address that is false or misleading shall be a prosecutable offence under these Bye-laws.
8.4. A person shall not resist, wilfully obstruct, impede or refuse to comply with a request of an Authorised Person and/or a member of the Garda Siochána acting in the exercise of the functions conferred on an authorised person or on a member of the Garda Siochána by these Bye-Laws
8.5. A person who contravenes a provision of these Bye-Laws is guilty of an offence and is liable on summary conviction to a fine not exceeding € 2,500.00.
9. Fixed Payment Notice:-
9.1. If an Authorised Person and/or a member of the Garda Siochana has reasonable grounds for believing that a person is committing a contravention or has committed a contravention of a provision of these Bye-Laws the authorised Person and/or a member of the Garda Siochana may serve on the person a fixed payment notice in the general form as set out in the Schedule to these Bye Laws.
9.2. Where a notice is served under section 9.1. of these Bye-Laws a person to whom the notice applies may, during the period specified in the notice, make to the Council the payment specified in the notice, accompanied by the notice,
9.3. The Council shall receive the payment and issue a receipt for it and may retain the money so paid and no payment so received shall in any circumstances be recoverable by the person who made it, and a prosecution in respect of the alleged contravention will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged will be instituted.
9.4. A fixed payment shall be served in one of the following ways-
a) By delivering it to the person,
b) By leaving it at the address at which the person ordinarily resides.
c) By sending it by post in a prepaid registered letter addressed to the person at the address at which the person ordinarily resides,
Public parks and open spaces are secured, as far as is practically possible, against encroachment but it is not possible to make them 100% secure against unauthorised vehicles, in particluar small motorcycles which can be easily lifted over and around barriers.
There is also an onus on persons purchasing such vehicles to aquaint themselves with all laws and regulations governing their safe use in a public place. This is of particular relevance, where vehicles have been purchased for use by children, that parents ensure that they are not improperly used in public places and in particular, that they are not used in public parks and open spaces where they present a hazard to other users.