COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF TALLAGHT AREA COMMITTEE
Monday, June 22, 2015
QUESTION NO. 9
QUESTION: Councillor D. Richardson
"To ask the Chief Executive about the current litter Bye Laws regarding signs been put up by businesses around the Tallaght area at lights, signs and other junctions. There are certain signs that do not get any notices from the Litter Department. What is the current situation on the cash for cars signs that are put up on stop signs and area signs which have damaged this property. Has this business been fined or spoke to about this?"
REPLY:
The Litter Pollution Act 1997, as amended, was introduced to provide for the prevention and control of litter pollution, the prevention of the defacement of certain places and matters relating thereto.
ByeLaws are essentially local laws designed to deal with local issues and this Council, in exercise of the powers conferred on it by Part 19 of the Local Government Act 2001, Section 21 of the Litter Pollution Act, 1997, as amended by Section 57 of the Protection of the Environment Act, 2003, made Bye-Laws relating to the prevention and control of litter in its administrative area. These ByeLaws became effective from 14th October 2013.
The Litter Pollution Act 1997, as amended, (the Act) and the Bye Laws give the Council extensive powers to deal with litter and litter offenders and outlines general obligations, offences and enforcement. To date, however, enforcement as appropriate has been taken under the various provisions of the Litter Pollution Act and not under the Bye Laws.
The Council enforces the provisions of Section 19 of the Act with regard to all illegal signage and fines are issued where possible. A total of one hundred and seven (107) fines have issued in relation to illegal signage within South Dublin County Council's administrative area in the period from 1st January 2015 to 31st May 2015.
All signage erected illegally is subject to enforcement action under The Act and in the event where businesses fail to remove signs, the Council's Public Realm Section arrange to do so. With regard to repeat offenders, it is the policy of the Council to initiate Direct Prosecution against the company responsible. It should be noted that a difficulty arises in identifying the owners of businesses which use a website address or phone number only and therefore enforcement action cannot be taken in this regard.
"Cash for Car" signage has blighted the Greater Dublin Area over the last number of years and the four Dublin Local Authorities engaged in an extensive media campaign in late 2014 advising mototists not to sell their car via "Cash for Cars" method.
"Cash for Cars" signs which are in sticker and corrugated board format are removed when located. While precise information on number of signs removed by this Council is not readily available, it is believed that in excess of 5,000 illegal "Cash for Cars" signs have been removed from lampposts and street signage within the Dublin Area.
People responsible for erecting these illegal signs are subject to a litter fine in the amount of €150 each. Regrettably however the Council has not been in a position to issue fines or initiate legal proceedings due to the difficulty in tracking down those responsible for erecting the illegal signage. A Direct Prosecution was initiated in July 2014 but unfortunately the summons was returned unserved, therefore the case could not proceed.
In June 2015, An Garda Síochana, assisted by the Council's Waste Enforcement Section successfully prosecuted an individual under the Criminal Justice (Theft and Fraud) Act, 2001 for offences relating to "Cash for Cars". The Waste Enforcement Section will continue to co-operate with An Garda Síochana and neighbouring Local Authorities in relation to such matters to ensure that vehicle owners are aware of their responsibilties under the European Union (End of Life Vehicles) Regulations 2014.