COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 11, 2016

QUESTION NO.11b)

QUESTION: Councillor C. O'Connor

To ask the Chief Executive if he would confirm if all Open Spaces throughout our County are covered by Park Bye-Laws; will he state how these regulations are enforced and make a statement in the matter.

REPLY:

The Council's Parks & Open Spaces Bye Laws were made 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. Copy of ByeLaws are attached.

These Bye-Laws are in force to ensure that parks and open spaces provided as a public amenity, are used by members of the public to the maximum extent in safety and comfort.

In terms of enforcement: An Authorised Person (SDCC Employee) and/or a member of the Garda SÍochana has free and unencumbered access to any Park at all time whether during or outside of the official opening times, in the normal exercise of their duty, and do  not require the prior permission of the Council to gain such access.

Section 6 of the ByeLaws sets out details of restrictions and prohibitions on activities in / on parks and open spaces.

These Bye-Laws are for the control and regulation of the use of Parks and Open Spaces (hereinafter referred to as “Parks”).

An Authorised Person and/or a member of the Garda Síochana may request any person who appears to be committing or to have committed in any Park a contravention of any of the provisions of these Bye-Laws, or who appears to be committing or to have committed in any park an offence under any Public General Act or Statute (including the Misuse of Drugs Act, 1977, or any Act amending or extending the same) or under the common law, to leave such Park or to refrain from any activity and may remove any person failing to comply with such request from such Park. 

If an Authorised Person and/or a member of the Garda Síochana has reasonable grounds for believing that a person is committing a contravention, or has committed a contravention of a provision of these Bye-Laws, that authorised Person and/or Garda may serve on the person a fixed payment notice in the general form as set out in the Schedule to the Bye Laws.