MISTERTON PARISH COUNCIL

byelaws for PLEASURE GROUNDS, public walks and open spaces

Byelaws made under section 164 of the Public Health Act 1875, sections 12 and 15 of the Open Spaces Act 1906 by the Misterton Parish Council with respect to Misterton Recreation Ground.

PART 1

GENERAL

General Interpretation

1. In these byelaws:

“the Council” means Misterton Parish Council

“the ground” means Misterton Recreation Ground

“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

These byelaws apply to Misterton Recreation Ground, as shown on the attached plan shown as Schedule 1.

PART 2

PROTECTION OF THE GROUND, ITS WILDLIFE AND THE PUBLIC

 

Protection of structures and plants

 

2. (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

 

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

Climbing

 

4. 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

 

5. 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

 

6. 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

 

7. (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 7(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

 

8. 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.

 

Fires

 

9. (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 9(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

 

10. 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.

PART 3

HORSES, CYCLES AND VEHICLES

 

Interpretation of Part 3

 

11. 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

 

12. (1)  No person shall ride a horse except with the permission of the Council

(2)  Where horse-riding is permitted by the Council, no person shall ride a horse in such a manner as to cause danger to any other person.

Motor vehicles

 

13. No person shall without reasonable excuse bring into or drive in the ground a motor cycle, motor vehicle or trailer.

 

Overnight parking

 

14. 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

 

15. 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

 

16. 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

 

17. 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

 

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

Ball games

19. 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.

Archery

 

20. 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

 

21. 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.

 

Golf

 

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

PART 5

MODEL AIRCRAFT

 

Interpretation of Part 5

 

23. 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

24. 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.

25. Byelaw 24 does not apply to any model aircraft which is attached to a control

            Line or kept under effective radio control.

26. Byelaw 24 does not apply to any model aircraft which:

(a)        gives a noise measurement of not more than 82 dB(A) when measured at a distance of 7 metres from the aircraft in accordance with the Code of Practice issued under the Control of Noise (Code of             Practice on Noise from Model Aircraft) Order 1981; and

(b)        where it is reasonably practicable to fit, fitted with an effectual silencer or similar device.

 

PART 6

OTHER REGULATED ACTIVITIES

 

Provision of services

27. No person shall without the consent of the Council provide or offer to provide

            any service for which a charge is made.

Excessive noise

 

28. (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 28(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

 

29. 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

 

30. 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

 

31. 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

 

32. (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 7

MISCELLANEOUS

 

Obstruction

33. 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

 

34. (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

 

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

Penalty

 

36. 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

 

37. The byelaws made by Misterton Parish Council on ?? and confirmed by ?? on ?? relating to the ground are hereby revoked.