COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, February 08, 2016

MOTION NO.6

MOTION: Councillor B. Leech

Due to the serious upsurge in the illegal use of our public parks and green spaces by motorbike scramblers and quads, this Council should without delay invoke the law of confiscation with penalties for such illegal activities.

REPORT:

The issue of scramblers and quad bikes being used on parks and open spaces within this County has been raised with the Gardai in the context of South Dublin County Council's Parks and Open Spaces Bye-Laws 2011. 

Section 3.1 of the bye-laws states the following - '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'.  A Park is defined in the bye-laws to include parks, open spaces and recreational playing grounds owned, controlled by or in the charge of South Dublin County Council.

The view expressed by An Garda Siochana Traffic Division on the matter is that they have concerns as to whether the relevant legislation gives the Local Authority the power to make a bye-law such as 3.1 which provides for the removal of certain vehicles from parks and open spaces.  They have also queried the fact that nothing further is said in the bye-laws with regard to what happens the vehicle once it has been removed.  They have suggested that the Council obtain legal advice on these matters.

The Council intends obtaining legal advice as suggested by the Gardai and this may ultimately lead to a need to review the 2011 bye-laws.  The matter will be pursued further with the Gardai to examine what course of action, if any, might be open to them under the Roads Act in relation to this matter.

The Council's Public Realm Section is also examining those areas where the use of scramblers and quad bikes is an ongoing problem to determine if the erection of fencing or walls in certain places, or a combination of both, might assist in curtailing the problem.  Such measures have been implemented in a number of locations in the past and have successfully dealt with this problem in those areas.  The process of identifying all areas affected by the use of scramblers and quads bikes is underway, each location will be examined to determine if a practical and affordable solution is available there.