New Bye Laws

WRITTLE  PARISH  COUNCIL

 

NEW BYE LAWS

 

The Parish Council is bringing up to date its Bye Laws and is using 3 models from DEFRA as the basis.  They can be viewed on our web site www.writtlepc.co.uk or perused at the Clerk’s office 31a Chequers Road (please telephone 420066 for appointment). 

In addition to these model Bye Laws the Council intends to make a Fouling of Land by Dogs Order as follows:-

 

This notice is to inform anyone with an interest that the Parish Council of Writtle is considering making a Fouling of Land by Dogs order to make it an offence not to remove dog faeces deposited by a dog for which he or she is responsible within the Parish of Writtle.

This order if made will apply to all land within the Parish excluding Hylands Park

The council is also considering making the following orders: 

It will be an Offence

Not keeping a dog on a lead, applying to the areas of land known as St Johns Green.

Not putting, and keeping, a dog on a lead when directed to do so by an authorised officer, applying to The Main Green.

Permitting a dog to enter land from which dogs are excluded, applying to:

The Pleasure Bit

Paradise Road Playing Fields

Oxney and Chase Allotments

 

A map of the proposed area to be covered can be viewed at the Parish Council Offices {31a Chequers Road – please telephone Clerk for appointment 420066)

 

Writtle Parish Council invites any representations on the proposals.  All representations need to be made to the Parish Council by 15 August 2006.

 

Representations should be sent to:

 

The Clerk at 31a Chequers Road, Writtle, CM1 3NG.

 

 

 

 

Writtle Parish Council

byelaws for PLEASURE GROUNDS, public walks

and open spaces

ARRANGEMENT OF BYELAWS

 

PART [1]

GENERAL

1.      General interpretation

2.      [Application]

3.      Opening times

 

PART [2]

PROTECTION OF THE GROUND, ITS WILDLIFE AND THE PUBLIC

4.      Protection of structures and plants

5.      Unauthorised erection of structures

6.      Climbing

7.      Grazing

8.      Protection of wildlife

9.      Gates

10.  Camping

11.  Fires

12.  Missiles

13.  Interference with life-saving equipment


 

 

PART [3]

HORSES, CYCLES AND VEHICLES

14.  Interpretation of Part [3]

15.  Horses [ - Horse riding prohibited except on designated route (subject to bridleway, etc)]

16.  Cycling

17.  Motor vehicles

18.  Overnight parking

 

PART [4]

PLAY AREAS, GAMES AND SPORTS

19.  Interpretation of Part [4]

20.  Children’s play areas

21.  Children’s play apparatus

22.  Skateboarding, etc [ - Skateboarding, etc permitted only in designated area]

23.  Ball games [ - Ball games permitted throughout the ground but designated area for ball games also provided]

24.  Ball games [ - Rules]

25.  Archery

26.  Field sports

27.  Golf [ - Prohibited ]

PART [5]

WATERWAYS

28.  Interpretation of Part [5]

29.  Bathing

30.  Ice skating

31.  Model boats

32.  Boats [ - To prohibit use of boats [, etc] without permission [except in designated area]]

33.  Fishing

34.  Pollution

35.  Blocking of watercourses

 

PART [6]

MODEL AIRCRAFT

36.  Interpretation of Part [6]

37.  Model aircraft [ - General prohibition]

 

PART [7]

OTHER REGULATED ACTIVITIES

38.  Provision of services

39.  Excessive noise

40.  Public shows and performances

41.  Aircraft, hang-gliders and hot air balloons

42.  Kites

43.  Metal detectors

 

PART [8]

MISCELLANEOUS

44.  Obstruction

45.  Savings

46.  Removal of offenders

47.  Penalty

48.  Revocation [ - General]

 

SCHEDULE [1] - Grounds to which byelaws apply generally

SCHEDULE [2] - Grounds referred to in certain byelaws

SCHEDULE [3] - Rules for playing ball games in designated areas

 


 

Byelaws made under [section 164 of the Public Health Act 1875 by the Writtle Parish Council with respect to pleasure grounds, public walks and open spaces.

 

[PART 1]

GENERAL

General Interpretation

1.                  In these byelaws:

 

Select from the following list only terms to be used in the byelaws which the Council proposes to adopt:

 

            “the Council” means Writtle Parish Council;

 

            “the ground” means any of the grounds listed in Schedule [1];

 

            “designated area” means an area in the ground which is set aside for a specified purpose, that area and its purpose to be indicated by notices placed in a conspicuous position;

 

            “invalid carriage” means a vehicle, whether mechanically propelled or not,

 

            (a)        the unladen weight of which does not exceed 150 kilograms,

 

            (b)        the width of which does not exceed 0.85 metres, and

 

            (c)        which has been constructed or adapted for use for the carriage      of a person suffering from a disability, and used solely by such a person.

 

Application

 

2.                  These byelaws apply to all of the grounds listed in Schedule 1 unless otherwise stated.

 

Opening times

           

3.                  (1)        No person shall enter or remain in the ground except during opening           hours.

 

            (2)        “Opening hours” means the days and times during which the ground is      open to the public and which are indicated by a notice placed in a    conspicuous position at the entrance to the ground.

 

(3)        Byelaw 3(1) applies only to the grounds listed in [Part 1 of] Schedule [2].

 

 

PART [2]

 

PROTECTION OF THE GROUND, ITS WILDLIFE AND THE PUBLIC

 

Protection of structures and plants

 

4.                  (1)        No person shall without reasonable excuse remove from or displace          within the ground:

 

(a)        any barrier, post, seat or implement, or any part of a structure or ornament provided for use in the laying out or maintenance of the ground; or

 

(b)        any stone, soil or turf or the whole or any part of any plant, shrub or tree.

 

            (2)        No person shall walk on or ride, drive or station a horse or  any vehicle        over:

           

                        (a)        any flower bed, shrub or plant;

 

                        (b)        any ground in the course of preparation as a flower bed or for          the growth of any tree, shrub or plant; or

 

                        (c)        any part of the ground set aside by the Council for the          renovation of turf or for other landscaping purposes and     indicated by a notice conspicuously displayed.

 

Unauthorised erection of structures

 

5.                  No person shall without the consent of the Council erect any barrier, post, ride or swing, building or any other structure.

 

Climbing

 

6.                  No person shall without reasonable excuse climb any wall or fence in or enclosing the ground, or any tree, or any barrier, railing, post or other structure.

 

Grazing

 

7.            No person shall without the consent of the Council turn out or permit any    animal for which he is responsible to graze in the ground.

 

Protection of wildlife

 

8.            No person shall kill, injure, take or disturb any animal, or engage in hunting or         shooting or the setting of traps or the laying of snares.

 

Gates

 

9.                  (1)        No person shall leave open any gate to which this byelaw applies and         which he has opened or caused to be opened.

 

            (2)        Byelaw 9(1) applies to any gate to which is attached, or near to                               which is displayed, a conspicuous notice stating that leaving the gate                 open is prohibited.

 

Camping

 

10.              No person shall without the consent of the Council erect a tent or use a vehicle, caravan or any other structure for the purpose of camping [except in a designated area for camping].

 

Fires

 

11.              (1)        No person shall light a fire or place, throw or drop a lighted match or           any other thing likely to cause a fire.

 

            (2)        Byelaw 11(1) shall not apply to

 

                                    the lighting of a fire at any event for which the Council has                                       given permission that fires may be lit.

 

Missiles

           

12.              No person shall throw or use any device to propel or discharge in the ground any object which is liable to cause injury to any other person.

 

Interference with life-saving equipment

 

13.              No person shall except in case of emergency remove from or displace within the ground or otherwise tamper with any life-saving appliance provided by the Council.

 

PART [3]

 

HORSES, CYCLES AND VEHICLES

 

Interpretation of Part [3]

 

14.              In this Part:

 

            “designated route” means a route in or through the ground which is set aside for a specified purpose, its route and that purpose to be indicated by notices placed in a conspicuous position;

 

            “motor cycle” means a mechanically-propelled vehicle, not being an invalid carriage, with less than four wheels and the weight of which does not exceed 410 kilograms;

 

            “motor vehicle” means any mechanically-propelled vehicle other than a motor cycle or an invalid carriage;

 

            “trailer” means a vehicle drawn by a motor vehicle and includes a caravan.

 

Horses

 

 

15.              (1)        No person shall ride a horse except in the exercise of a lawful right             or privilege.

 

            (2)        Where horse-riding is permitted by virtue of a lawful right or             privilege, no person shall ride a horse in such a manner as to             cause danger to any other person.

 

Cycling

 

16.              No person shall without reasonable excuse ride a cycle in the ground except in any part of the ground where there is a right of way for cycles [or on a designated route for cycling].

 

Motor vehicles

           

17.              (1)        No person shall without reasonable excuse bring into or drive                      in the ground a motor cycle, motor vehicle or trailer except in                      any part of the ground where there is a right of way or a designated      route for that class of vehicle.

 

            (2)        Where there is a designated route for motor cycles, motor vehicles or                    trailers, it shall not be an offence under this byelaw to bring into or                                 drive in the ground a vehicle of that class for the sole purpose of                                   transporting it to the route

           

Overnight parking

           

18.              No person shall without the consent of the Council leave or cause or permit to be left any motor vehicle in the ground between the hours of 10 p.m. and 6 a.m.

 

 

PART [4]

 

PLAY AREAS, GAMES AND SPORTS

 

Interpretation of Part [4]

 

19.              In this Part:

 

            “ball games” means any game involving throwing, catching, kicking, batting or       running with any ball or other object designed for throwing and catching, but             does not include cricket;

           

            “self-propelled vehicle” means a vehicle other than a cycle, invalid carriage or        pram which is propelled by the weight or force of one or more persons          skating, sliding or riding on the vehicle or by one or more persons pulling or       pushing the vehicle.   

 

Children’s play areas

 

20.              No person aged 14 years or over shall enter or remain in a designated area which is a children’s play area unless in charge of a child under the age of 14 years.

           

Children’s play apparatus

 

21.              No person aged 14 years or over shall use any apparatus stated to be for the exclusive use of persons under the age of 14 years by a notice conspicuously displayed on or near the apparatus.

 

Skateboarding, etc

 

22.              (1)        No person shall skate, slide or ride on rollers, skateboards or other             self-propelled vehicles except in a designated area for such activities.

 

            (2)        Where there is a designated area for skating, sliding or riding on                             rollers, skateboards or other self-propelled vehicles, no person shall                       engage in those activities in such a manner as to cause danger                           or give reasonable grounds for annoyance to other persons.

 

Ball games

 

23.              No person shall play ball games outside a designated area for playing ball games in such a manner:

 

            (a)        as to exclude persons not playing ball games from use of that part;

 

            (b)        as to cause danger or give reasonable grounds for annoyance to any         other person in the ground; or

 

            (c)        which is likely to cause damage to any tree, shrub or plant in the                             ground.

 

24.              It is an offence for any person using a designated area for playing ball games to break any of the rules set out in Schedule [3] and conspicuously displayed on a sign in the designated area when asked by any person to desist from breaking those rules.]

 

Archery

 

25.              No person shall engage in the sport of archery except in connection with an event organised by or held with the consent of the Council.

 

Field sports

 

26.              No person shall throw or put any javelin, hammer, discus or shot except in connection with an event organised by or held with the consent of the Council [or on land set aside by the Council for that purpose].

 

Golf

 

27.       No person shall drive, chip or pitch a hard golf ball.


 

PART [5]

 

WATERWAYS

 

Interpretation of Part [5]

 

28.              In this Part:

 

            “boat” means any yacht, motor boat or similar craft but not a model or toy boat;

 

            “power-driven” means driven by the combustion of petrol vapour or other combustible substances;

 

            “waterway” means any river, lake, pool or other body of water and includes            any fountain.

 

Bathing

 

29.              No person shall without reasonable excuse bathe or swim in any waterway

 

 

Ice skating

 

30.              No person shall step onto or otherwise place their weight upon any frozen waterway.

 

Model boats

 

31.              No person shall operate a power-driven model boat on any waterway

 

 

Boats

 

 

32.              No person shall sail or operate any boat, dinghy, canoe, sailboard or inflatable on any waterway without the consent of the Council.

 

Fishing

 

33.              No person shall in any waterway cast a net or line for the purpose of catching fish or other animals.

 

Pollution

 

34.              No person shall foul or pollute any waterway.

 

Blocking of watercourses

 

35.              No person shall cause or permit the flow of any drain or watercourse in the ground to be obstructed, diverted, open or shut or otherwise move or operate any sluice or similar apparatus.

 

 

PART [6]

 

MODEL AIRCRAFT

 

Interpretation of Part [6]

 

36.              In this Part:

 

            “model aircraft” means an aircraft which weighs not more than 7 kilograms without its fuel;

 

            “power-driven” means driven by:

 

                        (a)        the combustion of petrol vapour or other combustible                                               substances;

 

                        (b)        jet propulsion or by means of a rocket, other than by means of                                a small reaction motor powered by a solid fuel pellet not                                           exceeding 2.54 centimetres in length; or

 

                        (c)        one or more electric motors or by compressed gas.

 

            “radio control” means control by a radio signal from a wireless transmitter or         similar device.

 

General prohibition

 

37.              No person shall cause any power-driven model aircraft to:

 

            (a)        take off or otherwise be released for flight or control the flight of such                      an aircraft in the ground; or

 

            (b)        land in the ground without reasonable excuse.

 

PART [7]

 

OTHER REGULATED ACTIVITIES

 

Provision of services

 

38.              No person shall without the consent of the Council provide or offer to provide any service for which a charge is made.

 

Excessive noise

 

39.              (1)        No person shall, after being requested to desist by any other                       person in the ground, make or permit to be made any noise                        which is so loud or so continuous or repeated as to give reasonable      cause for annoyance to other persons in the ground by:

     

                        (a)        shouting or singing;

 

                        (b)        playing on a musical instrument; or

 

                        (c)        by operating or permitting to be operated any radio, amplifier,                      tape recorder or similar device.

 

            (2)        Byelaw 38(1) does not apply to any person holding or taking part in             any entertainment held with the consent of the Council.

 

Public shows and performances

 

40.              No person shall without the consent of the Council hold or take part in any public show or performance.

 

Aircraft, hang gliders and hot air balloons

 

41.              No person shall except in case of emergency or with the consent of the Council take off from or land in the ground in an aircraft, helicopter, hang glider or hot air balloon.

 

Kites

 

42.              No person shall fly any kite in such a manner as to cause danger or give reasonable grounds for annoyance to any other person.

 

Metal detectors

 

43.              (1)        No person shall without the consent of the Council use any device designed or adapted for detecting or locating any metal or mineral in      the ground.

 

PART [8]

 

MISCELLANEOUS

 

Obstruction

 

44.              No person shall obstruct:

 

            (a)        any officer of the Council in the proper execution of his duties;

 

            (b)        any person carrying out an act which is necessary to the                                         proper execution of any contract with the Council; or

 

            (c)        any other person in the proper use of the ground.

 

Savings

 

45.              (1)        It shall not be an offence under these byelaws for an officer of the   Council or any person acting in accordance with a contract with the   Council to do anything necessary to the proper execution of his duty.

 

            (2)        Nothing in or done under these byelaws shall in any respect prejudice                    or injuriously affect any public right of way through the ground, or the                  rights of any person acting lawfully by virtue of some estate, right or                         interest in, over or affecting the ground or any part of the ground.    

 

Removal of offenders

 

46.              Any person offending against any of these byelaws may be removed from the ground by an officer of the Council or a constable.

 

Penalty

 

47.              Any person offending against any of these byelaws shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

 

Revocation

 

48.              The byelaws made by Writtle Parish Council  on 7 November 1977 and confirmed by Secretary of State on 1 April 1978 relating to the ground are hereby revoked.

 


 

[SCHEDULES

SCHEDULE [1]

GROUNDS TO WHICH BYELAWS APPLY [GENERALLY]

The Green

St Johns Green

Gore Pond and environs

Chase Allotments

Oxney Allotments

Pleasure Bit

Children’s play area by the shops

Paradise Road Sports Field

Children’s play area at Sports Field

 

 

SCHEDULE 2

 GROUNDS REFERRED TO IN CERTAIN BYELAWS

PART [1]

Chase Allotments

Oxney Allotments

Children’s play area at Pleasure Bit

Children’s play area by the shops

Paradise Road Sports Field

 

 

SCHEDULE [3]

RULES FOR PLAYING BALL GAMES IN DESIGNATED AREAS (BYELAW 23)

Any person using a designated area for playing ball games is required by byelaw 23 to comply with the following rules:

(1)   No person shall play any game other than those ball games for which the designated area has been set aside.

(2)   No person shall obstruct any other person who is playing in accordance with these rules.

(3)   Where exclusive use of the designated area has been granted to a person or group of persons by the Council for a specified period, no other person shall play in that area during that period.

(4)   Subject to paragraph (5), where the designated area is already in use by any person, any other person wishing to play in that area must seek their permission to do so.

(5)   Except where they have been granted exclusive use of the designated area for more than two hours by the Council, any person using that area shall vacate it if they have played continuously for two hours or more and any other person wishes to use that area.

(6)   No person shall play in the designated area when a notice has been placed in a conspicuous position by the Council prohibiting play in that area.

 

Writtle Parish Council

 

 

PLEASURE FAIRS

 

 

Byelaws for pleasure fairs made by the Writtle Parish Council

under section 75 of the Public Health Act 1961, as amended by section 22 of the Local Government (Miscellaneous Provisions) Act 1976.

 

Extent

 

1.   These byelaws shall not apply to:

 

     (a)  a pleasure fair at which the only entertainment to which section 75 of the Public Health Act 1961 applies consists of ten-pin bowling-alleys or of ten-pin bowling-alleys together with automatic machines intended for entertainment or amusement not exceeding in number one-third of the number of bowling-alleys provided; or

 

     (b)  any part of a pleasure fair in respect of which a licence is for the time being in force for public music or dancing or other entertainment of the like kind; or

 

     (c)  any place which is not for the time being used wholly or mainly for providing, whether or not in combination with any other entertainment, any entertainment to which section 75 of the Public Health Act 1961 applies.

 

Interpretation

 

2.   In these byelaws:

 

     "amusement device" means a fairground ride, contrivance, structure or other such equipment including a side stall, side show, tent, booth or similar enclosed structure, which is installed or erected and operated for or in connection with the amusement or entertainment of the public at a pleasure fair;

    

     "the Council" means Writtle Parish Council;

 

     "manager" means the person having control of a site occupied for the purpose of a pleasure fair, whether being the owner or lessee or some other person;

 

     "passenger carrying amusement device" means an amusement device which is either designed to allow passengers or patrons to move or travel on it by means of cars, carriages or other means, or is large enough for them to enter on to or into the structure of the device;

 

     "person having control of any amusement device" means the person for the time being operating or managing a particular amusement device, whether he is the owner or some other person;

 

     "pleasure fair site" means the area occupied by the pleasure fair in its entirety;

 

     a reference to a caravan, stand, stall or structure is a reference to a caravan, stand, stall or structure used or intended to be used for the purposes of or in connection with any pleasure fair, and any additional living quarters placed against or attached to a caravan shall be treated as part of that caravan.

 

Regulation of opening hours

 

3.   (i)     The manager shall not keep the pleasure fair open between the hours of 10.30 p.m. and 10 am.

 

     (ii)    On Sundays the hour of 10 p.m. shall be substituted for the hour of 10.30 p.m.

    

     (iii)   The Council may, by resolution, vary these hours in specified cases or generally.

 

Notice

 

4.   (i)  The manager shall give the Council in writing at least 5 working days' prior notice of the intention to hold a pleasure fair, specifying the dates and the place at which such a pleasure fair is to be held.

 

     (ii) The notice to be given under this byelaw shall be in addition to and not in substitution for any notice required to be given under any other enactment.

 

     Fire prevention, safe ingress and egress, sanitary conditions, cleanliness, order and public safety

 

5.   (i)  The manager shall to the satisfaction of the Council and the fire authority arrange the pleasure fair site so as to allow for adequate means of access by fire appliances to within 50 metres of any structure.  He shall ensure that access routes are not normally less than 4 metres wide; that they shall have no overhead obstruction or cable less than 4.5 metres above the ground, and that they shall be capable of taking the weight (about 12 tonnes) of fire appliances in all weathers; and that emergency vehicle routes within the site are to be kept clear of obstruction at all times.

 

     (ii) The manager shall to the satisfaction of the Council and fire authority provide a sufficient number of entrances and exits from the site and he shall ensure that these shall be kept open and free of obstruction when the public are on the premises.  (The exits need not be kept open where the doors or gates are secured by suitable panic bolts or other safety devices of a similar nature which enable them to be immediately opened from the inside.) The manager shall ensure that break glass fastenings are not installed on exits.  

 

     (iii) The manager shall to the satisfaction of the Council

     and the fire authority ensure that there is a sufficient number of gangways of adequate width between amusement devices and that they are kept free from obstruction.

 

     (iv) The manager shall ensure that access to fire hydrants and other water supplies is not obstructed or obscured.

 

     (v)  The manager shall consult the fire authority regarding fire precautions at the pleasure fair and have due regard to their comments; provide and maintain fire-fighting equipment and such means of giving warning of fire as may be required; keep the means for fighting fire in places where it is visible, easily located and readily available for use; and ensure that all personnel and attendants know what action to take in the event of a fire, including evacuation procedures.

 

     (vi) The manager shall ensure that adequate procedures         are in place for summoning the fire brigade and that all       members of staff are aware of, and are able to carry out,      these procedures.

 

6.   The manager shall provide fire safety signs to indicate clearly emergency exit routes from any part of the pleasure fair to which the public are admitted.

 

7.   The manager shall ensure that all parts of the pleasure fair to which the public have access and all external exit ways shall be provided with both normal lighting and emergency lighting and shall ensure that the lighting is capable of providing sufficient illumination of those parts for all persons using the premises to leave safely.  

 

8.   The manager shall ensure that any heat producing equipment is suitably guarded, fixed in position and secured so as to prevent, as far as is reasonably practicable, interference by unauthorised persons.

 

 

 

9.   A person having control of any amusement device at a pleasure fair shall provide to the satisfaction of the Council and the fire authority adequate exits therefrom and shall, if there are stalls or other temporary structures or seating accommodation within the amusement device, ensure that a sufficient number of gangways of adequate width are provided.   Such persons shall while the public are present keep such exits and gangways unlocked and free from obstruction, and ensure that exit signs are displayed.

 

10.  A person having control of any amusement device at a pleasure fair in which seating is provided for more than 30 persons shall ensure that seating and gangways are fixed and arranged to the satisfaction of the Council and the fire authority, and that:

 

          (i)  seats and gangways allow free and ready access direct to the exit of the amusement device;

 

          (ii) all seats are securely fixed in position or rigidly linked together in rows except where chairs are placed in boxes or separate enclosures; and

 

          (iii) there are sufficient gangways to allow for safe egress from the amusement device.

 

 

11.  The manager of a pleasure fair shall, where adequate sanitary accommodation is not already available within reasonable distance of all parts of such pleasure fair:

 

          (a)  provide sufficient and suitable sanitary conveniences for the public attending the pleasure fair;

 

          (b)  label separate conveniences for men and women respectively in such proportion as may be appropriate;

 

          (c)  maintain the conveniences in good repair and in a clean and wholesome condition; and

 

          (d)  cause the conveniences and the labels provided in  accordance with this byelaw to be adequately illuminated during the hours of darkness while the public are at the pleasure fair.

 

12.  A person occupying any part of a pleasure fair shall, as respects that part, and the manager shall, as respects any part of the premises not occupied by some other person:

 

                   (a)  as far as is reasonably practicable cause that part to be kept in clean condition; and

 

 

 

          (b)  as often as is necessary cause any refuse or litter within that part to be collected and deposited in a suitable receptacle.

 

13.  The manager shall cause all refuse and litter to be collected at suitably frequent intervals from all such receptacles as are maintained in the foregoing byelaw and to be removed to a place where it will not cause hazard or nuisance.

 

14.  The manager shall ensure that:

 

          (a)  all grass and vegetation around the amusement devices, vehicles, trailers, caravans and other structures is kept short and any cuttings removed; and

 

          (b)  the spaces beneath and between amusement devices, vehicles, trailers and caravans are not used for the storage of combustible materials.

 

15.  On vacation of the site on which a pleasure fair has been held or any part thereof, the manager shall remove or cause to be removed any refuse or litter remaining thereon, so as to leave it in a clean and tidy condition.

 

16.  Every person having control of a caravan shall ensure that it is sited in such a position that sufficient space is maintained between it and any other caravan or structure to allow for means of escape in case of fire.  

 

Penalty

 

17.  Any person offending against any of the foregoing byelaws shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

 

Defence

 

18.  It shall be a defence for a person to prove that he had taken all reasonable precautions and exercised all due diligence to prevent the commission of an offence under these byelaws.

 

 

Writtle Parish Council

byelaws for good rule and government

ARRANGEMENT OF BYELAWS

 

1.      General interpretation

2.      [Application]

3.      Riding on road margins and verges

4.      Vehicles on road margins and verges

5.      Skateboarding etc [ - to prohibit dangerous or nuisance skateboarding on footpaths and roads]

6.      Fairground attractions causing obstruction to traffic

7.      Dangerous games near highways

8.      Playing games on highways to the annoyance of local residents

9.      Touting

10.  Urinating, etc

11.  Interference with road warning equipment

12.  Interference with life saving equipment

13.  Climbing upon and hanging from bridges

14.  Penalty

SCHEDULE [1]

 

Byelaws made under section 235 of the Local Government Act 1972 by Writtle Parish Council for the good rule and government of the [Borough/District] of insert name and for the prevention and suppression of nuisances.

 

General interpretation

 

1.            In these byelaws:

 

            “carriageway” means a way constituting or comprised in a highway, being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles;

 

            “the Council” means Writtle Parish Council;

 

            “footway” means a way comprised in a highway which also comprises a carriageway, being a way over which the public have a right of way on foot only;

 

            “highway” means the whole or a part of a highway other than a ferry or waterway;

 

            “road margin or verge” means land which is—

 

            (a)        adjacent to the carriageway of a highway [or between two carriageways of a highway], other than the carriageway of a trunk road vested in the Secretary of State.

 

            “self-propelled vehicle” means a vehicle other than a cycle, wheelchair or pram which is propelled by the weight or force of one or more persons skating, sliding or riding on the vehicle or by one or more other persons pulling or pushing the vehicle;

 

            “trunk road” means a highway, or a proposed highway, which is a trunk road by virtue of section 10(1) or section 19 of the Highways Act 1980 or by virtue of an order or direction under section 10 of that Act.

 

 

Application

 

 

2.            These byelaws apply throughout the Parish Council of Writtle.

 

 

Riding on road margins and verges

 

3.            No person shall without lawful authority ride or lead any horse, or cause any horse to be ridden or led upon any road margin or verge to which this byelaw applies.

 

Vehicles on road margins and verges

 

4.            (1)        No person shall without lawful authority drive, park or leave a vehicle           or cause such a vehicle to be driven or placed upon any road margin     or verge to which this byelaw applies.

 

 

Skateboarding etc

 

 

5.            No person shall skate, slide or ride on rollers, skateboards or other self-propelled vehicles on any footway or carriageway in such a manner as to cause danger or give reasonable grounds for annoyance to other persons using the footway or carriageway.

 

Fairground attractions causing obstruction to traffic

 

6.            (1)        No person shall operate a fairground attraction—

                       

                        (a)        in any public place; or

 

                        (b)        on any land adjoining a street or public place,

 

                        so as to cause obstruction or danger to the traffic in that street or                           public place.

 

            (2)        “Fairground attraction” means a shooting gallery, swing-board,                                roundabout, or other structure which is installed, erected or operated                      for the entertainment of the public.

 

Dangerous games near highways

 

7.            No person shall play football or any other game on land adjacent to a highway in a manner likely:

 

            (a)        to cause obstruction to traffic; or

 

            (b)        to cause danger or give reasonable grounds for annoyance to any              person on the highway.

 

Playing games on highways to the annoyance of local residents

 

8.            No person shall play football or any other game on a highway or on land adjacent to a highway in such a manner as to give reasonable grounds for annoyance to any person living nearby.

 

Touting

 

9.            No person shall in any street or public place—

 

            (a)        advertise or solicit custom for any service; or

 

            (b)        seek to gather information for use in the supply of goods or                                     services,

 

            in such a manner as to cause obstruction or give reasonable grounds                    for annoyance to any person in that street or public place.

 

Urinating etc

 

10.        No person shall urinate or defecate in any street or public place.

 

Interference with road warning equipment

 

11.        No person shall without lawful authority move or tamper with any lamp, reflector or other equipment used for giving warning of, or lighting, any obstruction, excavation or other danger in any road.

 

Interference with life saving equipment

 

12.        Except in case of emergency, no person shall remove, displace or otherwise interfere with any life saving equipment placed by the Council or any other competent authority in any street or public place.

 

Climbing upon and hanging from bridges

 

13.        (1)        No person shall without reasonable excuse—

 

                        (a)        climb upon or hang from any bridge to which this byelaw                                         applies; or

 

                        (b)        aid, abet, counsel or procure such an act by another.

           

            (2)        “Bridge” includes any abutment, embankment, retaining wall or other                      work supporting or protecting the bridge.

 

Penalty

 

14.        Any person offending against these byelaws shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

 

 


 

SCHEDULE [1]

 

The designated areas are:

All lands encompassed by the boundaries of the Parish of Writtle with the exclusion of Hylands Park.