CAISTOR TOWN COUNCIL

PLEASURE GROUNDS, PUBLIC WALKS AND OPEN SPACES

Byelaws made by the Caistor Town Council under section 164 of the Public Health Act 1875, section 15 of the Open Spaces Act 1906 and sections 12 and 15 of the Open Spaces Act 1906 with respect to pleasure grounds, public walks and open spaces.

1.
Interpretation

In these byelaws:

“the Council” means CAISTOR TOWN COUNCIL;

“the ground” means any of the grounds listed in Schedule A to the byelaws.
2.
Opening times

On any day on which the ground is open to the public, no person shall enter it before the time, or enter or remain in it after the time, indicated by a notice placed in a conspicuous position at the entrance to the ground.
3.
Vehicles

(1)
No person shall, without reasonable excuse, ride a cycle 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.

(2)
These byelaws shall not extend to invalid carriages.

(3)
In these byelaws:-


“cycle” means a unicycle, 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.
4.
Overnight parking

No person shall, without the consent of the Council, leave or cause or permit to be left any vehicle in the ground between the hours of 12 midnight and 6.00 am.
5.
Horses

(a)
No person shall, except in the exercise of any lawful right or privilege, ride a horse in the ground.

(b)
In any part of the ground where by any lawful right or privilege horseriding is permitted, no person shall intentionally or negligently ride a horse to the danger of any other person using the ground.
6.
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.
7.
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.
8.
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.
9.
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.
10.
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)
Byelaw 10 (1) shall not apply to any event held with the consent of the Council.

(3)
Byelaw 10 (1) 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.
11.
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.
12.
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.
13.
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.
14.
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.
15.
(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)
Byelaw 15 (1) shall not extend to any area set apart by the Council for the playing of any game.
16.
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.
17.
Grazing

No person shall, without the consent of the Council, turn out or permit any animal to graze in the ground.
18.
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.
19.
Field Sports

No person shall in the ground, throw or put any javelin, hammer, discus or shot, except on land set aside by the Council for this purpose.
20.
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.
21.
Cricket

No person shall use any cricket 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.
22.
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.
23.
Missiles

No person shall in the ground, to the danger or annoyance of any other person in the ground, throw or discharge any missile.
24.
Metal detectors

No person shall on the land without the consent of the Council use any device designed or adapted for detecting or locating any metal or mineral in the ground.
25.
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.
26.
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.
27.
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.
28.
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.
29.
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.
30.
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.
31.
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.
32.
Revocation

The byelaws made by Caistor Town Council on 6th June 1978 and confirmed by the Secretary of State for the Home Department on 17th October 1978 relating to the ground are hereby revoked.
33.
Schedule

The grounds referred to in byelaw 1 are as follows:-

Schedule A

(a)
Millfields Play Area, Millfields, Caistor.

(b)
Park, South Street, Caistor.

(c)
Sports Field, Brigg Road (and North Kelsey Road) Caistor.

Signed and sealed by the Mayor, Councillor Alan Caine and the Deputy Mayor, Councillor Allan Baker following the Caistor Town Council meeting on Thursday 14th November 2002.