COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, September 17, 2014

MOTION NO. 5

MOTION: Councillor G. Kenny

That this area committee clarify and revisit the poster ban which was put in place a number of years ago in the centre of the village. This was a gentleman's agreement which should be revisited according to the new composition of the area committee.

REPORT:

Enforcement of the Litter Pollutuion Act 1997 is carried out by the Council's Litter Wardens.

 Section 19(1) of the Litter Pollution Act, 1997 as amended, states that "where any structure or other land, door, gate, window, tree, pole or post is in or is visible from a public place, a person who is not the owner, occupier or person in charge thereof shall not exhibit or cause to be exhibited thereon any article or advertisement....unless the person is authorised in advance to do so in writing by such owner, occupier or person in charge or by or under any enactment."

This therefore provides a de facto poster ban on public property, and requires permission from property owners/occupiers for the use of any other places visible from a public place. 

Planning permission may also be required depending on the nature of any other proposed signs.

It is not an offense to erect election posters for a certain prescribed time before an election or referendum.

A Draft Code of Practice on Election Posters in South Dublin County developed by a subgroup was brought to the November 2011 SPC meeting. The draft was presented to the December 2011 Council meeting at which the Report was NOTED with cognisance that a Headed Item on the voluntary election poster policy be listed for consideration by full Council in due course.

The following suspensory motion was passed at the March 2012 Area Committee meeting - “That this Committee in an effort to support the newly formed Clondalkin Tidy Towns Group agree to implement a poster ban within ‘to be agreed’ boundaries of Clondalkin Village to include election, meeting posters, etc.This motion is submitted in an effort to encourage the efforts of the newly formed 'Tidy Towns' group".

In June 2012 the Clondalkin Area Committee Members commended all those who worked together to ensure that the poster ban was a success, and it was recommended that the poster ban would be continued and supported by all parties and organisations in the future.

An agreement not to display posters, particularly political posters, has been in place in Lucan Village for a number of years, and seems to have been arranged by local interest groups.  This agreement is without any official status or basis under legislation, yet appears to have been purely locally agreed upon and locally enforced on a purely voluntary basis.

The success of any voluntary poster ban and designation of a poster free area within the specified boundaries is a voluntary code, and could realistically only be implemented by agreement of all political candidates.