THE BYLAWS BELOW ARE SIGNED AND SEALED BY THE TOWN COUNCIL
ANY COMMENTS MUST BE RECEIVED NO LATER THAN 31st MARCH 2011
AFTER WHICH THE WELSH ASSEMBLY WILL CONFIRM THEM
WELSHPOOL TOWN COUNCIL
byelaws for PLEASURE GROUNDS, public walks and open spaces
These bylaws are made under section 164 of the public health act 1875
ARRANGEMENT OF BYELAWS
PART [1]
GENERAL
2. Application of the byelaws
PART [2]
PROTECTION OF THE GROUND, ITS WILDLIFE AND THE PUBLIC
3. Protection of structures and plants
4. Unauthorised erection of structures
5. Climbing
6. Grazing
7. Protection of wildlife
8. Gates
9. Camping
10. Fires
11. Missiles
PART [3]
HORSES, CYCLES AND VEHICLES
12. Interpretation of Part [3]
13. Horses
14. Motor vehicles
15. Overnight parking
PART [4]
PLAY AREAS, GAMES AND SPORTS
16. Interpretation of Part [4]
17. Children’s play areas
18. Children’s play apparatus
19. Skateboarding, etc
20. Ball games
21. Cricket
22. Archery
23. Field sports
24. Golf (Prohibited except on a golf course)
PART [5]
WATERWAYS
25. Blocking of watercourses
PART [6]
MODEL AIRCRAFT
26. Interpretation of part (6)
27. Model aircraft
PART [7]
OTHER REGULATED ACTIVITIES
28. Provision of services
29. Excessive noise
30. Public shows and performances
31. Aircraft, hang-gliders and hot air balloons
32. Kites
33. Metal detectors
PART [8]
MISCELLANEOUS
34. Obstruction
35. Savings
36. Removal of offenders
37. Penalty
38. Revocation
SCHEDULE [1] - Grounds to which byelaws apply generally
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 Welshpool Town Council with respect to all those grounds and areas listed in schedule 1 of these byelaws. (plan attached)
[PART 1]
GENERAL
1. In these byelaws::
“the Council” means Welshpool Town 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.
PART [2]
PROTECTION OF THE GROUND, ITS WILDLIFE AND THE PUBLIC
Protection of structures and plants
3. (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
4. No person shall without the consent of the Council erect any barrier, post, ride or swing, building or any other structure.
Climbing
5. 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
6. 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
7. 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
8. (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 8(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
9. 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
10. (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 10 (1) shall not apply to:
[(a)] the lighting of a fire at any event for which the Council has
given permission that fires may be lit;
[(b)] the lighting or use, in such a manner as to safeguard against
damage or danger to any person, of a properly constructed
camping stove, in a designated area for camping,
or of a properly constructed barbecue, in a designated area for
barbecues.
Missiles
11. 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 AND VEHICLES
Interpretation of Part [3]
12. 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
13. (1) No person shall ride a horse except:
(a) on a designated route for riding; or
(b) 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.
Motor vehicles
14. (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
15. 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]
16. 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
17. 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
18. 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
19. (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
20. 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.
Cricket
21. No person shall throw or strike a cricket ball with a bat except in a designated area for playing cricket.
Archery
22. 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
23. 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
24. No person shall drive, chip or pitch a hard golf ball except on a golf course.
PART (5)
WATERWAYS
25. 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]
26. 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
27. 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
28. No person shall without the consent of the Council provide or offer to provide any service for which a charge is made.
Excessive noise
29. (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 29(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
30. 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
31. 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
32. 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
33. 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
34. 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
35. (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
36. Any person offending against any of these byelaws may be removed from the ground by an officer of the Council or a constable.
Penalty
37. 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
38. The byelaws made by Welshpool Town Council on 24th September 1952 and confirmed by David Maxwell Fyfe, one of Her Majesty's Principle Secretaries
of State on 21st November 1952 of confirmation relating to the grounds are revoked.
SCHEDULES
SCHEDULE [1]
GROUNDS TO WHICH BYELAWS APPLY
The grounds referred to in these byelaws are:
Brookfield Road play area and playing fields
Dol Y Felin play area and playing fields
Little Henfaes Lane play area
Maes Y Dre Memorial Gardens
Maes Y Dre Recreation Grounds
Maes Y Dre Skateboard Park
Scansis Pitch Oldford Estate
These bylaws were adopted by Welshpool Town Council on…………………….
Signed…………………………………….Mayor of Welshpool
Signed……………………………………Town Clerk of Welshpool