COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, December 14, 2015

MOTION NO.1

MOTION: Councillor D. Richardson

Can the Chief Executive report on the current litter act on signs erected around the county and the policy on this,

some areas in the county are littered with signs at junctions what is been done to stop illegal signage been put up .  

REPORT:

The Litter Pollution Act 1997, as amended, (the Act) was introduced to provide for the prevention and control of litter pollution, defacement of certain places and matters relating thereto. This Act gives the Council extensive powers to deal with litter and litter offenders and outlines general obligations, offences and enforcement.

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 191 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 October 2015.

All signage erected illegally is subject to enforcement action under the Act and in the event where those responsible fail to remove signs, the Council arranges for removal.  With regard to repeat offenders, it is the policy of the Council to initiate Direct Prosecution against the alleged offender. It should be noted that a difficulty arises in identifying the owners of businesses which use website addresses or phone numbers only and therefore enforcement action proves problematic in this regard.

"Cash for Cars" signage has been a persistent problem for all Local Authorities in the Greater Dublin Area over the last couple of years and the four Dublin Local Authorities engaged in an extensive media campaign in late 2014 advising motorists not to sell their car via "Cash for Cars" method.  These signs are in both sticker and corrugated board format, and 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 were removed from lampposts and street signage within the Dublin Area, including over 200 which have been removed by the Gardai from the N81, Tallaght By Pass. 

People responsible for erecting "Cash for Cars" signs are subject to a litter fine in the amount of €150 each. Fines have been issued in a small number of cases.  Regrettably in most cases fines cannot be formally served due to the difficulty in tracking the identity of those responsible for erecting signage and attempts at Direct Prosecution have also proved problematic where summons have been returned unserved and therefore cases cannot 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" and our Waste Enforcement Section continues to co-operate with An Garda Síochana and neighbouring Local Authorities in relation to such matters.  

It should be noted however that, in accordance also with the provisions of the Section 19 Litter Pollution Act 1997 as amended, signage is not illegal if placed on private property with the consent of the property owner.  In some high profile areas signage has been erected on private property with the permission of the owner and fines / prosecution cannot be persued in such instances.