Little Longstone Byelaws (1997)

Little Longstone Parish Meeting

Byelaws made by the Parish Meeting of Little Longstone under section 164 of the Public Health Act 1875 and sections 12 and 15 of the Open Spaces Act 1906, with respect to Monsal Head Open Space.

Interpretation

1. In these byelaws:

“the Council” means The Parish Meeting of Little Longstone;

“the ground” means Monsal Head, Open Space, situated at Monsal Head, opposite Monsal Head Hotel, adjoining Castlegate Lane.

Vehicles

2 (1) No person shall, without reasonable excuse, ride or drive a cycle, motor cycle, motor vehicle or any other mechanically propelled vehicle 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.

2 (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.

2 (3) This byelaw shall not extend to invalid carriages.

2 (4) In this byelaw:

“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, 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, not being an invalid carriage, intended or adapted for use on roads;

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

Climbing

3. 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.

Removal of structures

4. 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

5. No person shall, without the consent of the Council, remove from or displace in the ground any stone, soil or turf, or the whole or any part of any plant, shrub or tree.

Erection of structures

6. 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.

Trading

7. 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.

Grazing

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

Protection of flower beds, trees, grass, etc.

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

9 (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

9 (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.

10. No person shall in the ground enter upon:

10 (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

10 (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.

Obstruction

11. No person shall in the ground:

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

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

11 (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

12 (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.

12 (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

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

Penalty

14. 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

15. The byelaws made by the Council on 11 March 1924 and allowed by the Minister of Health on 30 April 1924 relating to the ground are hereby revoked.

Given under our hands and seals this 30th day of May 1997.

Signed: Mark Northedge, Chairman

The foregoing byelaws are hereby confirmed by the Secretary of State and shall come into operation on the twenty-first day of January 1999.

Signed by authority of the Secretary of State

G. EVANS
Head of Unit
Constitutional and Community Policy Directorate

21 DEC 1998

Home Office
London SW1

Notes:

1. A poll conducted in Little Longstone, on 24th August 1995, approved the updating of the 1924 byelaws.
2. The Parish Meeting adopted these byelaws using powers granted by the “The County of Derby (Little Longstone Parish Meeting) Order 1922.”