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MODEL BYELAWS - SET 2

WENDOVER PARISH COUNCIL

BYELAWS FOR PLEASURE GROUNDS, PUBLIC WALKS AND OPEN SPACES

ARRANGEMENT OF BYELAWS

PART 1

GENERAL

General Interpretation

Application

PART 2

PROTECTION OF THE GROUND, ITS WILDLIFE AND THE PUBLIC

Protection of structures and plants

Unauthorised erection of structures

Grazing

Protection of wildlife

Gates

Camping

Fires

Missiles

Interference with life-saving equipment

PART 3

HORSES, CYCLES AND VEHICLES

Interpretation of Part 3

Horses

Cycling

Motor vehicles

Overnight parking

PART 4

PLAY AREAS, GAMES AND SPORTS

Interpretation of Part 4

Children's play areas

Children's play apparatus

Skateboarding etc.

Ball games

Use in designated areas

Cricket

Archery

Field Sports

Golf

PART 5

WATERWAYS

Interpretation of Part 5

Bathing

Ice Skating

Model Boats

Boats

Pollution of waterways

Blocking of watercourses

PART 6

MODEL AIRCRAFT

Interpretation of Part 6

General prohibition

PART 7

OTHER REGULATED ACTIVITIES

Trading

Excessive noise

Public shows and performances

Aircraft, hand-gliders and hot-air balloons

Kites

Metal detectors

PART 8

MISCELLANEOUS

Obstruction

Savings

Savings

Removal of offenders

Penalty

Revocation

SCHEDULE 1

Ashbrook Recreation Ground
Hampden Meadow and Pond
Witchell Meadow
Rope Meadow

SCHEDULE 2

Rules for Playing Ball Games in Designated Areas


Byelaws made under section 164 of the Public Health Act 1875;section 15 of the Open Spaces Act 1906; sections 12 and 15 of the Open Spaces Act 1906 by the Wendover Parish Council with respect to Ashbrook Recreation Ground, Hampden Meadow, Witchell, Rope Walk Meadow and Hampden Pond.

PART I

GENERAL

General Interpretation

 In these byelaws:
"the Council" means the Parish Council of Wendover
"the ground" means any of the grounds listed in the schedule 1 unless otherwise stated.
"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,
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 a person suffering from a disability, and used solely by such a person.

Application

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

PART 2

PROTECTION OF THE GROUND, ITS WILDLIFE AND THE PUBLIC

Protection of structures and plants

--(1) No person shall without reasonable excuse remove from or displace within the ground:
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
any stone, soil or turf or the whole or any part of any plant, shrub or tree.
No person shall walk on or ride, drive or station a horse or any vehicle over:
any flower bed, shrub or plant;
any ground in the course of preparation as a flower bed or for the growth of any tree, shrub or plant; or
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

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

Grazing

 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

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

Gates

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

 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

--(1) No person shall light a fire or place, throw or drop a lighted match or any other thing likely to cause a fire.
Byelaw 9 (1) shall not apply to:
any event at which the Council has given permission that fires may be lit;
the use in a designated area for camping of a properly constructed camping stove or barbecue in such a manner as to safeguard against damage to the ground or danger to any person.

Missiles

 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

 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

 In this Part:

"designated route" means a route in or through the grounds which is set aside for a specified purpose, that route and its 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 a mechanically propelled vehicle other than a motor cycle or invalid carriage;

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

Horses

--(1)  No person shall ride a horse in the ground except in the exercise of a lawful right or privilege.
Byelaw 13 (1) only applies to the grounds listed in Part 2 of Schedule 1.

Cycling

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

Motor vehicles

--(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 for that class of vehicle.

Overnight parking

 No person shall without the consent of the Council leave or cause or permit to be left any motor cycle, motor vehicle or trailer in the ground between the hours of 12 midnight and 6 am.

PART 4

PLAY AREAS, GAMES AND SPORTS

Interpretation of Part 4

 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;

"golf course" means any area within the ground set aside for the purposes of playing golf and includes any golf driving range, golf practice area or putting course;

"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

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

Children's play apparatus

 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.

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

Ball games

 No person shall play ball games outside a designated area for playing ball games in such a manner:
as to exclude persons not playing ball games from use of that part;
as to cause danger or give reasonable grounds for annoyance to any other person in the ground; or
which is likely to cause damage to any tree, shrub or plant in the ground.
 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 2 and conspicuously displayed on a sign in the designated area when asked by any person to desist from breaking those rules.

Cricket

 No person shall throw or strike with a bat a cricket ball except in a designated area for playing cricket.

Archery

 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

 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

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

PART 5

WATERWAYS

Interpretation of Part 5

 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

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

Ice Skating

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

Model Boats

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

Boats

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

Pollution of waterways

 No person shall foul or pollute any waterway.

Blocking of watercourses

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

PART 6

MODEL AIRCRAFT

Interpretation of Part 6

 In this Part--

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

"power-driven" means driven by--

the combustion of petrol vapour or other combustible substances;
by 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
by 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

 No person shall cause any power-driven model aircraft to--
take off or otherwise be released for flight, or control the flight of such an aircraft in the ground; or
land in the ground without reasonable excuse.

PART 7

OTHER REGULATED ACTIVITIES

Trading

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

Excessive noise

--(1)  No person shall, after being requested to desist by any other person in the grounds:
by shouting or singing;
by playing on a musical instrument; or
by operating or permitting to be operated any radio, amplifier, tape recorder or similar device,

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.

Byelaw 37 (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

 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

 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

 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

--(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

 No person shall--
obstruct any officer of the Council in the proper execution of his duties;
obstruct any person carrying out an act which is necessarily to the proper execution of any contract with the Council; or
obstruct any other person in the proper use of the ground.

Savings

 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.
 Nothing done in or 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

 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

 The byelaws made by Wendover Parish Council on the seventh day of February 1970 and confirmed by the Secretary of State on thirteenth day of April 1960 relating to the grounds are hereby revoked.

SCHEDULE 1

List of Grounds

The grounds referred to in byelaw 29 are as follows:
Ashbrook Recreation Ground
Hampden Meadow and Pond
Witchell Meadow
Rope Walk Meadow

SCHEDULE 2

Rules for Playing Ball Games in Designated Areas

Byelaw 29

Any person using a designated area for playing ball games must comply with the following rules:

No person shall play any game other than those ball games for which the area has been set aside.
No person shall obstruct any other person who is playing in accordance with these rules.
Where exclusive use has been granted to a person or group of persons by the Council for a specified period, no other person shall play during that period.
Subject to paragraph (5), where the area is already in use by any person their permission to play must be sought by any other person wishing to play.
Except where they have been granted exclusive use by the Council for more than two hours, any person using the area shall vacate it if they have played continuously for two hours or more and know that any other person wishes to use the area.
No person shall play when a notice has been placed in a conspicuous position by the Council prohibiting play in that area of the ground.