ARRANGEMENT OF BYELAWS
PART 1
GENERAL
1. General interpretation
2. Application
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
12. Interference with life-saving equipment
PART 3
HORSES, CYCLES AND VEHICLES
13. Interpretation of Part 3
14. Horses - Horse riding permitted but must not cause danger
15. Cycling
16. Motor vehicles
17. Overnight parking
PART 4
PLAY AREAS, GAMES AND SPORTS
18. Interpretation of Part 4
19. Ball games - ball games permitted but must not cause danger
20. Cricket
21. Archery
22. Field sports
23. Golf - Prohibited
PART 5
WATERWAYS
24. Interpretation of Part 5
25. Bathing
26. Fishing
27. Pollution
28. Blocking of watercourses
PART 6
MODEL AIRCRAFT
29. Interpretation of Part 6
30. Model aircraft - General prohibition
PART 7
OTHER REGULATED ACTIVITIES
31. Provision of services
32. Excessive noise
33. Public shows and performances
34. Aircraft, hang-gliders and hot air balloons
35. Kites
36. Metal detectors
PART 8
MISCELLANEOUS
37. Obstruction
38. Savings
39. Removal of offenders
40. Penalty
Byelaws made under section 164 of the Public Health Act 1875, and sections 12 and 15 of the Open Spaces Act 1906 by Stebbing Parish Council with respect to Land at Stebbing Green, Stebbing, Dunmow, Essex CM6 3TE registered with HM Peterborough District Land Registry under Title No.EX716924 shown black/grey on attached Map.
PART 1
GENERAL
General Interpretation
1. In these byelaws:
“the Council” means Stebbing Parish Council;
“the ground” means Land at Stebbing Green, Stebbing, Dunmow, Essex CM6 3TE registered with HM Peterborough District Land Registry under Title No.EX716924 Map Ref HM Land Registry SS 11/2004 shown black/grey on attached map.
“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 Land at Stebbing Green, Stebbing, Dunmow, Essex CM6 3TE registered with HM Peterborough District Land Registry under Title No.EX716924 Ref H.M.Land Registry SS 11/2004 shown black/grey on attached map.
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.
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 the lighting of a fire at any event for which the Council has given permission that fires may be lit.
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.
Interference with life-saving equipment
12. 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
13. 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
14. No person shall ride a horse in the ground in such a manner as to cause danger to any other person.
Cycling
15. 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
16. 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.
Overnight parking
17. 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
18. 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;
Ball games
19. No person shall play ball games in the ground as to cause danger or give reasonable grounds for annoyance to any other person in the ground.
Cricket
20. No person shall throw or strike a cricket ball with a bat except in a designated area for playing cricket.
Archery
21. 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
22. 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
23. No person shall drive, chip or pitch a hard golf ball.
PART 5
WATERWAYS
Interpretation of Part 5
24. 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
25. No person shall without reasonable excuse bathe or swim in any waterway.
Fishing
26. No person shall in any waterway cast a net or line for the purpose of catching fish or other animals [except in a designated area for fishing].
Pollution
27. No person shall foul or pollute any waterway.
Blocking of watercourses
28. 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
29. 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
30. 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
31. No person shall without the consent of the Council provide or offer to provide any service for which a charge is made.
Excessive noise
32. (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 32(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
33. 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
34. 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
35. 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
36. 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
37. 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
38. (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
39. Any person offending against any of these byelaws may be removed from the ground by an officer of the Council or a constable.
Penalty
40. 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.
Given under our seal this 14th day of December 2006
Signed…………………………………….
Michael Kingdom – Chairman of Stebbing Parish Council