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Band Stand in Simmons Park, Okehampton

Byelaws

Borough of Okehampton - Byelaws

Made under section 164 of the Public Health Act, 1875 and sections 12 and 15 of the Open Spaces Act, 1906, by the Mayor, Aldermen and Burgesses of the Borough of Okehampton acting by the Council with respect to the PLEASURE GROUND known as “Simmons Park”, Okehampton

1.       Throughout these byelaws the expression “the Council” means the Mayor, Aldermen and Burgesses of the Borough of Okehampton, acting by the Council, and the expression “the pleasure ground” means the pleasure ground known as “Simmons Park”, Okehampton.

2.       An act necessary to the proper execution of his duty in the pleasure ground by an officer of the Council, or by any person or servant of any person employed by the Council, shall not be deemed an offence against these byelaws.

3.       Any part of the pleasure ground which is so enclosed that persons can be excluded therefrom shall be opened at the hour of six-thirty in the forenoon and shall be closed at hour of ten in the afternoon of every day during the months of April, May, June, July, August and September, and shall be opened at the hour of seven in the forenoon and shall be closed at the hour of seven in the afternoon of everyday during the months of January, February, March, October, November and December. Provided always that this byelaw shall not be deemed to require any such part of the pleasure ground to be opened and closed at the hours hereinbefore prescribed on any day when, in pursuance of any statutory provision in that behalf, the Council close the pleasure grounds to the public.

4.       On any day which any part of the pleasure ground to which the foregoing byelaw applies is open to the public a person shall not enter that part before the time or enter or remain in that part after the time appointed in the foregoing byelaw.

5.       A person shall not in the pleasure ground:

(i)                  Wilfully, carelessly or negligently soil or deface any wall or fence in or enclosing the pleasure ground, or any building, barrier, railing, post or seat or any erection or ornament;

(ii)                Climb any wall or fence in or enclosing the pleasure ground or any tree or any barrier, railing, post or other erection;

(iii)               Wilfully, carelessly or negligently remove or displace any barrier, railing, post, or seat or any part of any erection or ornament, or any implement provided for use in the laying out or maintenance of the pleasure ground.

6.       A person shall not bring or cause to be brought into the pleasure ground any cattle, sheep, goats or pigs, or any beast of draught or burden, unless in pursuance of an agreement with the Council or otherwise in the exercise of any lawful right or privilege, he is authorised to do so.

7.       (i) a person shall not, except in the exercise of any lawful right or privilege, bring or cause to be brought into the pleasure ground any barrow, truck, machine or vehicle other than:

(a)    A wheeled bicycle, tricycle or other similar machine;

(b)    A wheelchair, perambulator or chaise drawn or propelled by hand and solely for the conveyance of a child or children or an invalid.

Provided that where the Council set apart a space in the pleasure ground for the use of any class of vehicle, this byelaw shall not be deemed to prohibit the driving in or to that space by a direct route from the entrance to the pleasure ground of any vehicle for which it is set apart.

       (ii) a person shall not, except in the exercise of any lawful right or privilege, ride a bicycle, tricycle or other similar machine in any part of the pleasure ground.

8.       A person who brings a vehicle into the pleasure ground shall not wheel or station it over or upon:

(i)                  Any flower bed, shrub or plant, on any ground in course of preparation as a flower bed, or for the growth of any tree, shrub or plant;

(ii)                Any part of the pleasure ground where the Council by a notice board affixed or set up in some conspicuous position in the pleasure ground prohibit its being wheeled or stationed.

9.       A person shall not affix any bill, placard, or notice to or upon any wall or fence in or enclosing the pleasure ground, or to or upon any tree or plant, or to or upon any part of any building, barrier, or railing, or to any seat, or of any erection or ornament in the pleasure ground.

10.   A person shall not in the pleasure ground walk, run, stand, sit or lie upon:

(i)                  Any grass, turf or other place where adequate notice to keep off such grass, turf or other place shall be placed:

Provided that such notice shall not apply to more than one-fifth of the area of the pleasure ground;

(ii)                Any flower bed, shrub, or plant, or any ground in course of preparation as a flower bed, or for the growth of any tree, shrub or plant.

11.   A person shall not wilfully, carelessly or negligently throw or discharge in the pleasure ground any missile to the damage or danger of any person.

12.   A person shall not in the pleasure ground:

(i)                  Bathe, wade or wash in any ornamental lake, pond, stream or other water;

(ii)                Wilfully, carelessly or negligently foul or pollute any such water;

(iii)               Take, injure or destroy, or attempt to take or injure or destroy any fish in any such water, or wilfully disturb or worry any water fowl.

13.   A person shall not cause or suffer any dog belonging to him or his charge to enter or remain in the pleasure ground, unless such dog be, and continue to be, under proper control and effectively restrained from causing annoyance to any person and from worrying or disturbing any animal or water fowl and from entering any ornamental water.

14.   Where the Council set apart any such part of the pleasure ground as may be fixed by the Council, and described in a notice board affixed or set up in some conspicuous position in the pleasure ground, for any game specified in the notice board, which, by reason of the rules or manner of playing or for the prevention of damage, danger or discomfort to any person in the pleasure ground may necessitate, at any time during the continuance of the game, the exclusive use by the player or players of any space in such part of the pleasure ground- a person shall not in any space elsewhere in the pleasure ground play or take any part in any game so specified in such a manner as to exclude persons not playing or taking part in the game from the use of such a space.

15.   A person resorting to the pleasure ground and playing or taking part in any game for which exclusive use of space in the pleasure ground has been set apart shall:

(i)                  Not play on the space any game other than the game for which it is set apart;

(ii)                In preparation for playing and in playing, use reasonable care to prevent undue interference with the proper use of the pleasure ground by other persons;

(iii)               When the space is already occupied by other players to begin to play thereon without their permission;

(iv)               Where the exclusive use of the space has been granted by the Council for the playing of a match, not to play on that space later than a quarter of an hour before the time fixed for the beginning of the match unless he is taking part therein;

(v)                Except where the exclusive use of the space has been granted by the Council for the playing of a match in which he is taking part, not use the space for a longer time than two hours continuously, if any other players make known to him a wish to use the space.

16.   A person shall not in any part of the pleasure ground which may have been set apart by the Council for any game, play or take part in any game when the state of the ground or other cause makes it unfit for use and a notice is set up in some conspicuous position prohibiting play in that part of the pleasure ground.

17.   A person shall not in the pleasure ground:

(i)                  Except as hereinafter provided, erect any post, rail, fence, pole, tent, booth, stand, building or other structure:

Provided that this prohibition shall not apply where upon application to the Council they shall grant permission to erect any post, rail, fence, pole, tent, booth, stand, building or other structure, upon such occasion and for such purpose as they are specified in the application;

(ii)                Beat, shake, sweep, brush or cleanse any carpet, drugget, rug or mat, or any other fabric retaining dust or dirt;

(iii)               Hang, spread or deposit any linen or other fabric for drying or bleaching;

(iv)               Sell or offer or expose for sale, or let to hire, or expose for letting to hire, any commodity or article, unless, in pursuance of an agreement with the Council, or otherwise in the exercise of any lawful right or privilege, he is authorised to sell or let to hire in the pleasure ground such commodity or article.

18.   A person shall not in the pleasure ground wilfully obstruct, disturb, interrupt or annoy any other person in the proper use of the pleasure ground, or wilfully obstruct, disturb or interrupt any officer of the Council in the proper execution of his duty, or any person or servant or any person employed by the Council in the proper execution of any work in connection with the laying out or maintenance of the pleasure grounds.

19.   A person shall not in the pleasure ground, use any obscene language to the annoyance of any person.

20.   Every person who shall offend against these byelaws shall be liable on summary conviction to a fine not exceeding twenty pounds.

21.   Every person who shall infringe any byelaws for the regulation of the pleasure ground may be removed by an officer of the Council, or by any constable, in any one of the several cases hereinafter specified: that is to say:

(i)                   Where the infraction of the byelaw is committee within the view of such officer or constable, and the name and residence of the person infringing the byelaw are unknown to and cannot be readily ascertained by such officer or constable;

(ii)                Where the infraction of the byelaw is committed within the view of such officer or constable and, from the nature of such infraction, or from any other fact of which such officer or constable my have knowledge, or of which he may be credibly informed, there may be reasonable ground for belief that the continuance in the pleasure ground of the person infringing the byelaw may result in another infraction of a byelaw, or that the removal of such person from the pleasure ground is otherwise necessary as a security for the proper use and regulation thereof.

Repeal of Byelaws

22.   The byelaws relating to the pleasure ground which were made by the Council on the Sixteenth day of January 1911, and were allowed by the Local Government Board on the Eighth day of March 1911, are hereby repealed.

The COMMON SEAL of the Mayor, Aldermen and Burgesses of the BOROUGH OF OKEHAMPTON was hereunto affixed this Twenty-first day of February, One Thousand nine hundred and Seventy two in the presence of:

H.R. Horne            Mayor          A.E.F Dear     Town Clerk

 

 The Secretary of State this day confirmed the forgoing byelaws and fixed the date on which they are to come into operation as the first day of July 1972.

K.P. Witney    An Assistant Under Secretary of State

HOME OFFICE WHITEHALL   23 May 1972

 

It is hereby confirmed that the aforegoing printed copy of the Byelaws is a true copy of the Byelaws as confirmed.

A.E.F. Dear    Town Clerk      TOWN HALL, OKEHAMPTON

 

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