Byelaws for Pleasure Grounds, Public Walks and Open Spaces

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Byelaws for Pleasure Grounds, Public Walks and Open Spaces

BYELAWS FOR PLEASURE GROUNDS, PUBLIC WALKS AND OPEN SPACES

BYELAWS made by the other District Council under section 164 of the Public Health Act 1875, section 15 of the Open Spaces Act 1906 and/or sections 12 and 15 of the Open Spaces Act 1906 with respect to pleasure grounds, public walks and open spaces.

Interpretation

In these byelaws:

"the Council" means Rother District Council;

"the ground" means any of the grounds listed in the Schedule to the byelaws.

Aircraft

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.

Archery

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

Boats and model boats

No person shall, without the consent of the Council, place on any lake or other waterway comprised in the ground, any boat other than a model yacht or toy boat.

Camping

No person shall in the ground, without the consent of the Council, erect a tent or use any vehicle, including a caravan, or any other structure for the purpose of camping, except in any area which may be set apart and indicated by notice as a place where camping is permitted.

Children's play apparatus

No person who has attained the age of 14 years shall use any apparatus in the ground which, by a notice placed on or near thereto, has been set apart by the Council for the exclusive use of persons under the age of 14 years.

Children's play areas

(1) No person who has attained the age of 14 years shall enter or remain in the children's play area in any of the grounds listed in the Schedule to these byelaws.

(2) This byelaw shall not apply to any person who is bona fide in charge of a child under the age of 14 years.

Climbing

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.

Cricket and Stoolball

No person shall use any cricket ball or stoolball ball, except in any part of the ground which, by a notice placed in a conspicuous position in the ground, has been set-aside as an area where a cricket ball may be used.

Erection of structures

No person shall in the ground, without the consent of the Council, erect any post, rail, fence, pole, tent, booth, stand, building or other structure.

Exhibitions and structures

No person shall in the ground, without the consent of the Council, place or take part in any exhibition, or set up any swing, roundabout or other like thing.

Field Sports

No person shall in the ground, except in connection with an event organised by or held with the consent of the Council, engage in the sport of javelin or discus throwing or shot-putting.

Fires 

(1) No person shall in the ground intentionally light a fire, or place, throw or let fall a lighted match or any other thing so as to be likely to cause a fire.

(2) This byelaw shall not apply to any event held with the consent of the Council.

(3) This byelaw shall not prevent the lighting or use of a properly constructed camping stove or cooker or barbecue in any area set aside for the purpose, in such a manner as not to cause danger of or damage by fire.

Fishing and protection of wildlife

(1) No person shall in the ground intentionally kill, injure, take or disturb any animal or fish or engage in hunting, shooting or fishing, or the setting of traps or nets or the laying of snares.

(2) This byelaw shall not prohibit any fishing which may be authorised by the Council.

Games

Where the Council has, by a notice placed in a conspicuous position in the ground, set apart an area in the ground for the playing of such games as may be specified in the notice, no person shall:

(a) play in such an area any game other than the  game for which it has been set apart;

(b) use any such area so as to give reasonable grounds for annoyance to any person already using that area for any purpose for which it has been set apart; or

(c) play any game so specified in any other part of the ground in such a manner as to exclude any person not playing the game from the use of that part.

(d) when the area is already occupied by other players begin to play thereon without their permission;

(e) where the exclusive use of the area has been granted by the Council for the playing of a match, play on that area later than a quarter of an hour before the time fixed for the beginning of the match unless taking part therein; or

(f) except where the exclusive use of the area has been granted by the Council for the playing of a match in which he is taking part, use the area for a longer time than two hours continuously, if any other player or players make known to him a wish to use the area.

?No person shall, in any area of the ground which may have been set apart by the Council for any game, play any game when the state of the ground or other cause makes it unfit for use and a notice is placed in a conspicuous position prohibiting play in that area of the ground.

?(1) No person shall in the ground play any game:

(a) so as to give reasonable grounds for annoyance to any other person in the ground; or

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

(2) This byelaw shall not extend to any area set apart by the Council for the playing of any game.

Gates

Where the Council indicates by a notice conspicuously exhibited on or alongside any gate in the ground that leaving that gate open is prohibited, no person having opened that gate or caused it to be opened, shall leave it open.

Golf

No person shall in the ground drive, chip or pitch a hard golf ball except on land set aside by the Council for use as a golf course, golf driving range, golf practice area or putting course.

Grazing

No person shall, without the consent of the Council, turn out or permit any animal to graze in the ground.

Horses

a) No person shall, except in the exercise of any lawful right or privilege, ride a horse in the ground other than Broad Oak Park, Collington Wood Open Space, Gillham Wood or Highwoods, Bexhill and Hoads Wood and Pook Hole Shaw Woods, Fairlight and Darvel Down Woodlands, Netherfield.

b) In Broad Oak Park, Collington Wood Open Space, Gillham Wood or Highwoods, Bexhill and Hoads Wood and Pook Hole Shaw Woods, Fairlight and Darvel Down Woodlands, Netherfield or any part of the ground where by any lawful right or privilege horse riding is permitted, no person shall intentionally or negligently ride a horse to the danger of any other person using the ground.

Ice Skating

No person shall in the ground go or remain upon any ice or frozen body of water.

Interference with life-saving equipment

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

Kites

No person shall in the ground fly or cause or permit to be flown any kite in such a manner as to cause a danger, nuisance or annoyance to any other person in the ground.

Metal detectors

No person shall on the land use any device designed or adapted for detecting or locating any metal or mineral in the ground other than Collington Wood Open Space, Gillham Wood or Highwoods, Bexhill.

Missiles

No person shall in the ground, to the danger or annoyance of any other person in the ground, throw or discharge any missile.

Noise

(1) No person shall in the ground, after being requested to desist by an officer of the Council, or by any person annoyed or disturbed, or by any person acting on his behalf:

(a) by shouting or singing;

(b) by playing on a musical instrument; or

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

(2) This byelaw shall not apply to any person holding or taking part in any entertainment held with the consent of the Council.

Power-driven model aircraft

In byelaw 29:

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

"power-driven" means driven by the combustion of petrol vapour or other combustible vapour or other combustible substances or by one or more electric motors or by compressed gas;

(1) No person shall in the ground release any power-driven model aircraft for flight or control the flight of such an aircraft.

(2) No person shall cause any power-driven model aircraft to take off or land in the ground.

Protection of flower beds, trees, grass, etc

No person who brings or causes to be brought into the ground a vehicle shall wheel or park it over or upon:

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

(b) any part of the ground where the Council, by a notice placed in a conspicuous position in the ground, prohibits its being wheeled or parked.

No person shall in the ground enter upon:

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

(b) any part of the ground set aside for the renovation of grass or turf, where adequate notice to keep off such grass or turf is exhibited.

Public Shows and Performances

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

Removal of structures

No person shall, without reasonable excuse, remove from or displace in the ground any barrier, railing, post or seat, or any part of any structure or ornament, or any implement provided for use in the laying out or maintenance of the ground.

Removal of substances

No person shall remove from or displace in the ground any stone, soil or turf, or the whole or any part of any plant, shrub or tree.

Skateboarding and roller skating

No person shall in the ground skate, slide or ride on rollers, skateboards, wheels, mechanical contrivances or other equipment, except on any part of the ground which has been set apart by the Council for that purpose and indicated by a notice conspicuously displayed.

Trading

No person shall in the ground, without the consent of the Council, sell, or offer or expose for sale, or let to hire, or offer or expose for letting to hire, any commodity or article or provide or offer to provide any service for which a charge is made.

Vehicles

(1) (i) No person shall, without reasonable excuse, ride or drive a motor cycle, motor vehicle or any other mechanically propelled vehicle (other than a cycle) in the ground, or bring or cause to be brought into the ground a motor cycle, motor vehicle, trailer or any other mechanically propelled vehicle (other than a cycle), except in any part of the ground where there is a right of way for that class of vehicle.

(1) (ii) No person shall, without reasonable excuse, ride a cycle, except in any part of the ground where there is a right of way for cycles, or along such routes as may be fixed by the Council and indicated by signs placed in conspicuous positions in the ground.

(2) If the Council has set apart a space in the ground for use by vehicles of any class, this byelaw shall not prevent the riding or driving of those vehicles in the space so set apart, or on a route, indicated by signs placed in conspicuous positions, between it and the entrance to the ground.

(3) These byelaw shall not extend to invalid carriages.

(4) In these byelaws:

"cycle" means a bicycle, a tricycle, or a cycle having four or more wheels, not being in any case a motor cycle or motor vehicle;

"invalid carriage" means a vehicle, whether mechanically propelled or not, the unladen weight of which does not exceed 150 kilograms, the width of which does not exceed 0.85 metres and which has been constructed or adapted for use for the carriage of one person, being a person suffering from some physical defect or disability and is used solely by such a person;

"motor cycle" means a mechanically propelled vehicle, whether or not intended or adapted for use on roads, not being an invalid carriage, with less than four wheels and the weight of which unladen does not exceed 410 kilograms;

"motor vehicle" means a mechanically propelled vehicle, whether or not intended or adapted for use on roads, not being an invalid carriage.

"trailer" means a vehicle drawn by a motor vehicle, and includes a caravan.

Waterways

No person shall:

Bathing

(a) without reasonable excuse, bathe or swim in any waterway comprised in the ground;

Pollution of waterways

(b) intentionally, carelessly or negligently foul or pollute any waterway comprised  the ground;

Watercourses

(c) without the consent of the Council knowingly cause or permit the flow of any drain or watercourse in the ground to be obstructed or diverted, or open, or otherwise work or operate any sluice or similar apparatus in the ground.

Obstruction

No person shall in the ground:

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

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

(c) intentionally obstruct any other person in the proper use of the ground, or behave so as to give reasonable grounds for annoyance to other persons in the ground.

Savings

(1) An act necessary to the proper execution of his duty in the ground by an officer of the Council, or any act which is necessary to the proper execution of any contract with the Council, shall not be an offence under these byelaws.

(2) Nothing in or done under any of the provisions of 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 legally by virtue of some estate, right or interest in, over or affecting the ground or any part thereof.

Removal of offenders

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

Penalty

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

(1) The byelaws made by the Mayor Aldermen and Burgesses of the Borough of Bexhill on 26 September 1951 and confirmed by the Secretary of State for the Home Department on 26 November 1951 relating to Sidley Recreation Ground and Little Common Recreation Ground, Bexhill-on-Sea are hereby revoked.

(2) The byelaws made by the Mayor Aldermen and Burgesses of the Borough of Bexhill on 15 August 1951 and confirmed by the Secretary of State for the Home Department on 16 November 1951 relating to Bending Crescent Recreation Ground, Bexhill-on-Sea are hereby revoked.

(3) The byelaws made by the Mayor Aldermen and Burgesses of the Borough of Bexhill on 31 January 1966 and confirmed by the Secretary of State for the Home Department on 26 March 1966 relating to Galley Hill, Bexhill-on-Sea are hereby revoked.

(4) The byelaws made by the Mayor Aldermen and Burgesses of the Borough of Bexhill on 31 January 1966 and confirmed by the Secretary of State for the Home Department on 26 March 1966 relating to Sidley House Grounds, Bexhill-on-Sea are hereby revoked.

(5) The byelaws made by the Mayor Aldermen and Burgesses of the Borough of Bexhill on 28 July 1976 and confirmed by the Secretary of State for the Home Department on 5 October 1976 relating to St Mary's Recreation Ground, Bexhill-on-Sea are hereby revoked.

(6) The byelaws made by the Mayor Aldermen and Burgesses of the Borough of Bexhill on 20 June 1921 and confirmed by the Minister of Health on 5 August 1921 relating to Town Hall Gardens (now called Lane Memorial Gardens, Town Hall Square) and Sackville Gardens, Bexhill-on-Sea are hereby revoked.

(7) The byelaws made by the Mayor Aldermen and Burgesses of the Borough of Bexhill on 26 November 1958 and confirmed by the Secretary of State for the Home Department on 20 January 1959 relating to Beaulieu Road Open Space, Bexhill-on-Sea are hereby revoked.

(8) The byelaws made by the Mayor Aldermen and Burgesses of the Borough of Bexhill on 31 January 1966 and confirmed by the Secretary of State for the Home Department on 26 March 1966 relating to Barrack Road Open Space (now called Barrack Hall Recreation Ground), Bexhill-on-Sea are hereby revoked.

(9) The byelaws made by the Mayor Aldermen and Burgesses of the Borough of Bexhill on 22 April 1912 and confirmed by the Local Government Board on 9 July 1912 relating to West Parade and Central Parade, Bexhill-on-Sea and the Public Walks and Pleasure Grounds immediately adjacent thereto are hereby revoked.

(10) The byelaws made by the Mayor Aldermen and Burgesses of the Borough of Bexhill on 25 May 1914 and confirmed by the Local Government Board on 31 July 1914 relating to East Parade, Bexhill-on-Sea and the Public Walks and Pleasure Grounds immediately adjacent thereto are hereby revoked.

(11) The byelaws made by the Mayor Aldermen and Burgesses of the Borough of Rye on 9 September 1898 and confirmed by the Local Government Board on 29 September 1898 relating to Rye Battery Pleasure Ground (know called the Gungardens) are hereby revoked. 

SCHEDULE

The grounds referred to in byelaws 1 - 43 are as follows:

Name of GroundLocation of Ground
Harrier LaneBattle, East Sussex
Kingsmead Open SpaceBattle, East Sussex
Marley Lane Open SpaceBattle, East Sussex
All Saints Lane Open spaceBexhill-on-Sea, East Sussex
Ashcombe Park Open SpaceBexhill-on-Sea, East Sussex
Barrack Hall Recreation GroundBexhill-on-Sea, East Sussex
Barrack Road Open SpaceBexhill-on-Sea, East Sussex
Beaulieu Road Open SpaceBexhill-on-Sea, East Sussex
Bending Crescent Recreation GroundBexhill-on-Sea, East Sussex
Bishops Meadow Open SpaceBexhill-on-Sea, East Sussex
Briary Open SpaceBexhill-on-Sea, East Sussex
Broadoak Park Open SpaceBexhill-on-Sea, East Sussex
Collington Park CrescentBexhill-on-Sea, East Sussex
Collington Wood (Open Space)Bexhill-on-Sea, East Sussex
Crowhurst Lane Allotment entranceBexhill-on-Sea, East Sussex
De La Warr Pavilion, GardensBexhill-on-Sea, East Sussex
De La Warr Road Open SpaceBexhill-on-Sea, East Sussex
Galley HillBexhill-on-Sea, East Sussex
Gillham WoodBexhill-on-Sea, East Sussex
Glebe Close Open SpaceBexhill-on-Sea, East Sussex
Grange Court DriveBexhill-on-Sea, East Sussex
HighwoodsBexhill-on-Sea, East Sussex
Jubilee Road PlantationBexhill-on-Sea, East Sussex
Lane Memorial Gardens, Town Hall SquareBexhill-on-Sea, East Sussex
Levetts Field and Levetts WoodBexhill-on-Sea, East Sussex
Little Common Recreation GroundBexhill-on-Sea, East Sussex
Manor Gardens, Old TownBexhill-on-Sea, East Sussex
Marina Arcade GardensBexhill-on-Sea, East Sussex
Marina Court Avenue GardensBexhill-on-Sea, East Sussex
Martyns Way Open SpaceBexhill-on-Sea, East Sussex
Parades (West, Central and East) and Promenade GardensBexhill-on-Sea, East Sussex
Penland WoodBexhill-on-Sea, East Sussex
Portfield CloseBexhill-on-Sea, East Sussex
Preston Road Open SpaceBexhill-on-Sea, East Sussex
Royston GardensBexhill-on-Sea, East Sussex
Sackville GardensBexhill-on-Sea, East Sussex
Saint Mary's Recreation Ground and WoodBexhill-on-Sea, East Sussex
Seabourne Road Recreation GroundBexhill-on-Sea, East Sussex
Sidley GreenBexhill-on-Sea, East Sussex
Sidley House GroundsBexhill-on-Sea, East Sussex
Sidley Recreation GroundBexhill-on-Sea, East Sussex
Sidley WoodBexhill-on-Sea, East Sussex
Southlands Open SpaceBexhill-on-Sea, East Sussex
Southlands PlaygroundBexhill-on-Sea, East Sussex
St Marys WoodBexhill-on-Sea, East Sussex
Levetts Lane PlaygroundBodiam, East Sussex
Levetts Lane WoodBodiam, East Sussex
Denham WayCamber, East Sussex
Hoads Woods and Pook Hole Shaw WoodsFairlight, East Sussex
Darvel Down PlaygroundNetherfield, East Sussex
Darvel Down WoodlandsNetherfield, East Sussex
Baptist GardenRye, East Sussex
Gungardens (Upper and Lower)Rye, East Sussex
Hilders CliffRye, East Sussex
Kings Avenue Open SpaceRye, East Sussex
LandgateRye, East Sussex
Masons FieldRye, East Sussex
Salts (Middle Salts, Fair Salts and Town Salts)Rye, East Sussex
Station ApproachRye, East Sussex
Watchbell StreetRye, East Sussex
Wish WardRye, East Sussex
Ypres TowerRye, East Sussex

GIVEN under the COMMON SEAL of ROTHER DISTRICT COUNCIL by Order of the Council this 3rd day of October 2001

WILLIAM B. CLEMENTS
Chairman of the Council

TREVOR J. ELLIOTT
Secretary to the Council

The foregoing byelaws are hereby confirmed by the Secretary of State and shall come into operation on the seventeenth day of December 2001.

Signed by authority of the Secretary of State

P. ROSWELL
Senior civil servant
in the Department for Transport, Local Government and the Regions

19 November 2001

LONDON  SW1E 5DU

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