COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, April 11, 2016

MOTION NO.9

MOTION: Councillor W. Lavelle, Councillor K. Egan

That this Council calls on the Chief Executive to seek legal advice and to consult with An Garda Síochana with a view to bringing forward amendments to the Parks and Open Spaces Bye-Laws 2011 to clarify the legislative basis for Section 3.1 of the bye-laws (which allows An Garda Síochána to remove scrambler bikes from park/open space) and to further explicitly make provision for the detention, return and/or disposal of vehicles which have been removed.

REPORT:

The Parks and Open Spaces Bye-Laws 2011 were made by the Council under Section 199 of the Local Government Act 2001 for the use, operation, protection, regulation and management of the use of Parks and Open Spaces owned, controlled and managed by, or in the charge of South Dublin County Council. They are in force to ensure that Parks provided as a public amenity, are used by members of the public to the maximum extent in safety and comfort.

Section 3.1 prescribes as follows:

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 Síochana.

The Motion brought by the Members, concerns a request for legal advice regarding amending the 2011 Bye-Laws to direct the Gardaí to detain, return and/or disposal of scramblers/quad bikes.

It would appear from the Bye-Laws that the Gardaí are given authority to remove vehicles, and the legal advice to the Chief Executive in reply to the Motion is that the Council's Bye-Laws as drafted are sufficient.

It is proposed to further consult with An Garda Síochana in relation to this matter.