Green Sefton Byelaws

There are a number of Byelaws (laws made by a Local Authority) which cover sites managed by Green Sefton. These byelaws are several years old and often the language used reflects this.

Each byelaw is detailed below:


Byelaws for the prevention of danger, obstruction or annoyance to persons bathing in the sea or using the seashore made by Metropolitan Borough Council of Sefton in pursuance of Section 76 of the Public Health Act, 1961.

  1. (a) In these Byelaws the expression “the Council” means the Metropolitan         Borough Council of Sefton.

      (b) The area controlled by the Byelaws shall be in accordance with the limitations       contained in Section 17 (1) of the Local Government (Miscellaneous Provisions) Act 1976, and shall be restricted to those areas shown edged blue on the plan annexed hereto.

  1. No person shall navigate any boat or other sea-going craft:-
  • at a speed or in a manner which might endanger other persons;

(b) without due care or attention or without reasonable consideration  for other persons.

PROVIDED that this Byelaw shall not apply to any person who is acting in a rescue operation or involved in some other emergency.

  1. Any person who offends against the foregoing Byelaws shall be liable under summary conviction to a fine not exceeding the sum of £400.

SAVE

Nothing contained in these Byelaws shall be deemed to be or shall operate as a grant by or on behalf of the Crown as owner of the foreshore below high water mark of any estate or interest in or right over such foreshore or any part thereof nor shall anything contained in or done under any of the provisions of any of the foregoing Byelaws in any respect prejudice or injuriously affect the rights and interests of the Crown in such foreshore, or prevent the exercise thereon of any public rights or prejudice or injuriously affect any right, power or privilege legally exercisable by any person in over and in respect of the Seashore.

Byelaws made by the Metropolitan Borough Council of Sefton on the 13th day of March 1986.

THE COMMON SEAL of the Metropolitan Borough Council of Sefton was hereunto affixed this 13th day of March 1986.

The foregoing Byelaw(s) are herby confirmed by the Secretary of State and shall come into operation on the 14th day of May 1986

30th April 1986

Home Office

LONDON. SW1

Made by the Metropolitan Borough of Sefton (Council) with respect to the Seashore in exercise of powers conferred on them by Section 82, Public Health Acts Amendment Act, 1907 and Section 127, County of Merseyside Act, 1980.

  1. In these Byelaws the expression:-

          “the Council” means the Metropolitan Borough Council of Sefton;

          “Seashore” shall have the meaning assigned by the Coast Protection Act, 1949, and shall include the foreshore being that part of the shore between high water mark and low water mark of ordinary tides; as contained within the areas edged red on the plans annexed hereto;

          “Motor Vehicle” means any motorcar; motorcycle or any other mechanically propelled vehicle;

          “Firearm” has the same meaning as that contained in Section 57 of the Firearms Act, 1968.

  1. No person shall, except with the consent of the Council, use any part of the Seashore for the purpose of parking any motor vehicle without the prior payment of any charge lawfully prescribed by the Council for or in respect of such user.

 

  1. Where any part of the Seashore has been designated by the Council as a parking place for motor vehicles, no person shall use any other part of the Seashore as a parking place for motor vehicles.

 

  1. No person shall on the Seashore propel or drive any motor vehicle, except:-

                   (a) for the purpose of using and obtaining direct access to and egress from any parking place for motor vehicles as designated by the Council; or

                   (b) on the occasion of any authorised motor race or trial meeting hereinafter mentioned.

 

  1. (a) No person shall on the Seashore propel or drive any motor vehicle for the purposed or on the occasions referred to in the preceding Byelaw at a distance greater than fifty yards from the Sandhills in the southerly part of the area covered by these Byelaws or from the roadway which runs along the landward side of the Seashore in the northerly part of the said area.

          (b) no person shall ride or drive any vehicle or motor vehicle at such a speed and in such manner as to cause danger to other persons or without reasonable consideration for such persons.

               PROVIDED that nothing in these Byelaws shall be deemed to prohibit the driving of any motor vehicle in any motor race or motor trial meeting organised with the consent of and on a course approved by the Council and under such conditions as the Council may think fit to impose for securing the public safety and convenience.

  1. No person shall on any part of the Seashore draw wheel drive operate or propel any sand yacht, hang glider, wind surfboard or any craft of a similar description so as to cause danger or annoyance to any person using the Seashore.

 

  1. (a) No person shall on any part of the Seashore ride or drive any horse or other animal in such a manner as to cause danger or annoyance to other users of the Seashore

          (b) No person shall cause or suffer a dog belonging to him or in his charge to enter or remain on the Seashore, unless such dog be and continue to be under proper control, and be effectually restrained from causing annoyance to any person, and from worrying or disturbing any animal.

 

  1. No person shall, except in cases of accident or emergency, start, take-off or land an aircraft on any part of the Seashore except on such part of the Seashore as is designated by the Council for the starting, taking-off or landing of aircraft and is licensed by the Civil Aviation Authority as an aerodrome.

 

  1. No person shall participate in any game, sport or pastime (other than navigation).

          (a) On any part of the Seashore designated by the Council for other purposes,                      or

          (b) in a manner likely to interfere with or cause annoyance to any other users of the Seashore.

 

  1. Where any part of the Seashore has, by notices affixed in conspicuous positions on the Seashore, been set apart by the Council for the erection or placing of such booths, tents, sheds, stands, and stalls (whether fixed or moveable), or vehicles for the sale or exposure of any article or thing, or such shows, exhibitions, swings, roundabouts, or other erections, vans or other vehicles, whether drawn or propelled by animals, persons or any mechanical power, as may be specified in the notices, no person shall set up. Place, or continue any erection or vehicle so specified on any other part of the Seashore.

 

  1. No person shall:-

          (a) Use any part of the Seashore for the purpose of profit or gain, without the prior consent in writing of the Council, and the payment of any charge lawfully prescribed by the Council for or in respect of such user;

          (b) On the Seashore, to the annoyance or obstruction of any person using the Seashore, beg or solicit alms, or for the purpose of selling or advertising any article or of obtaining custom, tout or importune either verbally or by the distribution of handbills, circulars or advertisements.

 

  1. Where any part of the Seashore has, by notices affixed in conspicuous positions on the Seashore, been set apart by the Council for the delivery of such lectures, sermons, speeches, or performances of music, or for the holding of such entertainments as may be indicated in the notices:-

          (1) no person shall deliver any lecture, sermon, or speech, or perform any music or hold any entertainment so indicated, as the case may be, on any other part of the Seashore;

          (2) no person shall use or attempt to use any such part in such manner as to interfere with or hinder any person already using it for any purpose for which it has been set apart.

 

  1. Where any part of the Seashore has, by notices affixed in conspicuous positions on the Seashore, been set apart by the Council for the playing of such games (involving the exclusive use of any space by the players) as may be specified in the notices:-

          (1) no person shall play any game so specified on any other part of the Seashore;

          (2) no person shall use or attempt to use any such part so as to interfere with or cause annoyance to any person already using such part for any purpose for which it has been set apart.

 

                     Where any part of the Seashore has been set aside by the Council for the purpose of holding barbecues, discotheques, dances or similar social functions, no person shall on any other part of the Seashore organise permit or suffer any such events or the lighting of any fires.

 

               PROVIDED THAT no such function as referred to above shall be permitted without prior written notice being given to the Council.  Any such consent of the Council shall be subject to availability of the part of the Seashore set apart.

 

  1. No person shall on the Seashore by operating or causing or suffering to be operated any wireless set, gramophone, amplifier, tape recorder or similar instrument; make cause or suffer to be made any noise which is so loud or so continuous or repeated as to give reasonable cause for annoyance to other persons on the seashore.

 

  1. No person shall on the Seashore drive, pitch, chip or throw a hard golf ball.

 

  1. No person shall on the Seashore except in the exercise of any lawful right or privilege have in his possession while he is on the Seashore any firearm unless it is so covered with a securely fastened gun cover that it cannot be fired.

 

  1. No person shall on the Seashore, without reasonable excuse, remove or displace any notice board, fence, barrier, post or seat, or any part of any erection or, ornament, or any improvement provided for use in the laying out or maintenance of the Seashore.

 

  1. No person shall intentionally obstruct or disturb any Officer of the Council in the proper discharge of his duties or any person employed or authorised by the Council in the proper execution of any work connected with the improvement, maintenance, proper management or regulation of the Seashore.

 

  1. Any person who offends against any of the foregoing Byelaws shall be liable under summary conviction to a fine not exceeding the sum of £100.

 

SAVE

 

Nothing contained in these Byelaws shall be deemed to be or shall operate as a grant by or on behalf of the Crown as owner of the foreshore below high water mark of any estate or interest in or right over such foreshore or any part thereof nor shall anything contained in or done under any of the provisions of the foregoing Byelaws in any respect prejudice or injuriously affect the rights and interests of the Crown in such foreshore, or prevent the exercise thereon of any public rights or prejudice or injuriously affect any right, power or privilege legally exercisable by any person in over and in respect of the Seashore.

Byelaws made by the Metropolitan Borough Council of Sefton on the 13th day of March 1986.

THE COMMON SEAL of the Metropolitan Borough Council of Sefton was hereunto affixed this 13th day of March 1986.

The foregoing Byelaws are hereby confirmed by the Secretary of State and shall come into operation fourteen days after the date on which the consent of the Department of Transport is given to the Byelaws.

Made by the Metropolitan Borough Council of Sefton (the Council) with respect to the Sandhills situate in the Metropolitan Borough of Sefton in exercise of the powers conferred on the Council by Section 125, County of Merseyside Act, 1980.

  1. In these Byelaws the expression:

          “the Council” means the Metropolitan Borough Council of Sefton;

          “Sandhills” shall mean “the Sandhills” referred to in Section 125(b), County of Merseyside Act, 1980, as contained within the areas edged yellow on the plans annexed hereto;

          “Motor Vehicle” means any motorcar, motorcycle or any other mechanically propelled vehicle;

          “Firearm” has the same meaning as that contained in Section 57 of the Firearms Act, 1968.

  1. No person shall on any part of the Sandhills draw, wheel, drive operated or propel any sand yacht, hang glider, wind surfboard or any craft of a similar description or any motor vehicle.

 

  1. No person shall on any part of the Sandhills ride or drive any horse or other animal in such a manner as to cause danger or annoyance to other users of the Sandhills.

 

  1. No person shall participate in any game, sport or pastime:-

          (a)          on any part of the Sandhills designated by the Council for other purposes and described in a notice board affixed or set up in some conspicuous position; or

           (b)          in a manner likely to interfere with or cause annoyance to any other users of the Sandhills.

 

  1. Where any part of the Sandhills, by notices affixed in conspicuous positions on the Sandhills, been set apart by the Council for the erection or placing of such booths, tents, sheds, stands, and stalls (whether fixed or movable), or vehicles for the sale or exposure of any article or thing, or such shows, exhibitions, swings, roundabouts, or other erections, vans or other vehicles whether drawn or propelled by animals, persons or any mechanical power, as may be specified in the notices, no person shall set up, place, or continue any erection or vehicle so specified on any other part of the Sandhills.

 

  1. No person shall in any part of the sandhills light a fire or place or throw or let fall a lighted match or any other thing likely to cause a fire.

 

  1. No person shall in the Sandhills drive, pitch, chip or throw a hard golf ball.

 

  1. No person shall in the Sandhills except in exercise of any lawful right or privilege have in his possession while he is in the Sandhills any firearm unless it is covered with a securely fastened gun cover that it cannot be fired.

 

  1. No person shall in the Sandhills, without reasonable excuse, remove or displace any notice board, fence, barrier, 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 Sandhills.

 

  1. No person shall on the Sandhills by operating or causing or suffering to be operated any wireless set, gramophone, amplifier, tape recorder or similar instrument make cause or suffer to be made any noise which is so loud or so continuous or repeated as to give reasonable cause for annoyance to other persons on the Sandhills.

 

  1. No person shall on any part of the Sandhills remove any material from any dune or interfere with any works for the protection of the Sandhills or stabilisation of sand.

 

  1. No person shall intentionally obstruct or disturb any Officer of the Council in the proper discharge of his duties or any person employed or authorised by the Council in the proper execution of any work connected with the improvement, maintenance, proper management or regulation of the Sandhills.

 

  1. Any person who offends against any of the foregoing Byelaws shall be liable under summary conviction to a fine not exceeding the sum of £100.

SAVE

Nothing contained in these Byelaws shall be deemed to be or shall operate as a grant by or on behalf of the Crown as owner of the foreshore below high water mark of any estate or interest in or right over such foreshore or any part thereof nor shall anything contained in or done under any of the provisions of the foregoing Byelaws in any respect prejudice or injuriously affect the rights and interests of the Crown in such foreshore, or prevent the exercise thereon of any public rights or prejudice or injuriously affect any right, power or privilege legally exercisable by any person in over and in respect of the Seashore.

 

Byelaws made by the Metropolitan Borough Council of Sefton on

the 28th day of April 1986.

 

THE COMMON SEAL of the Metropolitan Borough Council of

Sefton was hereunto affixed this 28th day of April 1986.

 

The foregoing Byelaw(s) are hereby confirmed by the Secretary of State and shall come into operation on the 2nd day of July 1986.

 

Home Office

London SW1

 

17th June 1986

 

The Metropolitan Borough council of Sefton in exercise of the power conferred upon them by Sections 20, 21, (4) and 106 of the National Parks and Access to the Countryside Act, 1949, in accordance with Section 236 of the Local Government Act, hereby make the following Byelaws for the protection of the Extension of the Nature Reserve at Ainsdale and Birkdale Sandhills in the county of Merseyside.

 

  1. In these Byelaws “the Reserve” means the pieces of parcels of land containing in the whole 246 hectares or thereabouts and situate in the Metropolitan Borough of Sefton declared to be managed as Nature Reserve by Sefton Metropolitan Borough Council on the 22nd day of November, 1984, in pursuance of Section 21 of the National Parks and Access to the Countryside Act, 1949, and the Reserve is for the purposed of identification shown as nearly as may be in the map annexed to these Byelaws and therein edged green.

 

  1. Throughout these Byelaws the expression “the Council” means The Metropolitan Borough Council of Sefton.

 

  1. “Firearm” shall have the same meaning as in Section 57 of the Firearms Act, 1968.

 

  1. An act necessary to the proper execution of his duty in the Reserve by an Officer of the council l or by any person or servant of any person employed or authorised by the Council shall not be deemed an offence against these Byelaws.

 

  1. (i) Within the Reserve the following acts are hereby prohibited, except insofar as they may be authorised by a permit issued by the Chief Recreation and Amenities Officer for the time being of the Council, and except insofar as they may be in accordance with the Byelaw 4. above:-

              (a)     Taking, molesting or intentionally disturbing, injuring or killing any living creature;

              (b)     Taking or intentionally disturbing or destroying the eggs, larvae, pupae or other immature stages, or any place used for the shelter or protection of any living creature.

              (c)     Spreading or using any net, or setting or using any lamp or other instrument, or any snare or lure, for the taking, injury or destruction of any living creature;

              (d)     Intentionally removing any material from any dune or other area of the Reserve;

              (e)     Intentionally removing or displacing any tree, shrub, plant, fungus or part thereof, or any unfashioned mineral being including water;

              (f)      Intentionally bring, or permitting to be brought into the Reserve any living creature, or the egg of any living creature, or any plant, or any seed or any other part of any plant, in such circumstances that it is likely that such creature or plant will reproduce or propagate itself, or such egg will hatch, or such seed will germinate;

              (g)     Driving, riding, propelling or leaving any mechanically propelled vehicle (including hovercraft) elsewhere than on a highway or on a road, or in a place indicated by a Notice as being available for the purpose

 

PROVIDED     this Byelaw shall not apply to a mechanically propelled wheel chair or perambulator used solely for the conveyance of a child (or children) or an invalid;

              (h)     Bringing into or permitting to remain any horse, pony, donkey, ass or hinney;

              (i)      Bringing into or permitting to remain any animal or bird

PROVIDED that this Byelaw shall not apply to any dog kept under proper control and effectively restrained from injuring or disturbing any other animal or bird in the Reserve;

              (j)      Erecting, occupying or using any tent, shed, caravan or other structure;

              (k)     Lighting any fire, stove, heater, firework or other appliance capable of causing fire or discarding or throwing any lighted match or lighted substance in a manner likely to cause a fire;

              (l)      Boating, bathing or wading in any water body other than the sea;

              (m)    Any act which pollutes or is likely to pollute any water;

              (n)     Intentionally or recklessly removing or displacing any notice board, notice, fence, barrier, post, boardwalk or any building including any sand dune;

              (o)     Being in possession of a firearm (with ammunition suitable for use in that firearm) otherwise than on a public paved road, or discharging a firearm or lighting a firework;

              (p)     Discharging a firearm, catapult, bow and arrow, or a crossbow;

              (q)     Flying any model aircraft or sailing any model boat;

              (r)      The use of any apparatus for the transmission, reception, reproduction or amplification of sound, or images by electrical or mechanical means, except apparatus designed and used as to aid defect hearing, in such a manner as to cause annoyance to or interfere with the quiet enjoyment of the Reserve by other members of the public or to cause harm to any living creature or plant in the Reserve;

              (s)     Intentionally obstructing any officer of the Council or any person or the servant of any person employed or authorised by the council in the execution of any works, including research or scientific work connected with the laying out, maintenance or management of the Reserve;

              (t)      Intentionally leaving items in a place other than a receptacle provided by the Council for the deposit of litter or refuse.

 

5    (ii)    The Chief Recreation and Amenities Officer for the time being of the Council may issue permits authorising any persons to do any act or class of acts (subject to general legislation in force at the time of issue), within the Reserve or any part thereof which would otherwise be unlawful under these Byelaws.

      (iii)   Any such permit shall be issued subject to conditions as may from time to time be laid down by the Chief Recreation and Amenities Officer for the time being of the Council, and shall include the following conditions:-

              (a)     That such permit be carried whenever a visit is made to the Reserve by the person or persons specified therein and produced for inspection when required by any officer of the Council, or by any other duly authorised person, and

              (b)     that it may be revoked by the Chief Recreation and Amenities Officer for the time being of the Council at any time.

 

  1. Any person who offends against any of these Byelaws shall be liable under summary conviction to a fine not exceeding the sum of £50, and in the case of a continued offence to a further fine not exceeding £5 for each day during which the offence continues after conviction therefore.

 

Byelaws made by the Metropolitan Borough Council of Sefton on the 18th day of April, 1985.  The Secretary of State hereby confirms the foregoing Byelaws

 

THE COMMON SEAL OF THE METROPOLITAN BOROUGH OF SEFTON

was hereunto affixed this 25th day of April 1985

 

Signed by authority of the Secretary of State

Department of the Environment

Tolgate House

Bristol

 

2nd July 1985.

 

 

Signed: F.C. Argent

An Assistant Secretary in the Department of the Environment.

 

The Metropolitan Borough Council of Sefton in exercise of the power conferred upon them by Section 20, 21(4) and 106 of the National Parks and Access to the Countryside Act, 1949, in accordance with Section 236 of the Local Government Act, 1972, hereby make the following Byelaws for the protection of the Nature Reserve at Ravenmeols Hills in the County of Merseyside.

  1. In these Byelaws “the Reserve” means the pieces or parcels of land containing in the whole 71 hectares or thereabouts and situate in the Metropolitan Borough of Sefton declared to be managed as a Nature Reserve by Sefton Metropolitan Borough Council on the 14th day of July, 1983, in pursuance of Section 21 of the National Parks and Access to the Countryside Act, 1949, and the Reserve is for the purposes of identification shown as nearly as may be in the map annexed to these Byelaws and therein edged green.

 

  1. In these Byelaws the expression “the Council” means The Metropolitan Borough Council of Sefton.

 

  1. “Firearm” shall have the same meaning as in Section 57 of the Firearms Act, 1968.

 

  1. An act necessary to the proper execution of his duty in the Reserve by an Officer of the Council or by any person or servant of any person employed or authorised by the Council shall not be deemed an offence against these Byelaws.

 

  1. (i) Within the Reserve the following acts are hereby prohibited, except insofar as they may be authorised by a permit issued by the Chief Recreation and Amenities Officer for the time being of the Council, and except insofar as they may be in accordance with the Byelaw 4. above:-

                   (a)   Taking, molesting or intentionally disturbing, injuring or killing any living creature;

                   (b)   Taking or intentionally disturbing or destroying the eggs, larvae, pupae or other immature stages, or any place used for the shelter or protection of any living creature;

                   (c)   Spreading or using any net, or setting or using any lamp or other instrument, or any snare or lure, for the taking, injury or destruction of any living creature;

                   (d)   Intentionally removing any material from any dune or other area of the Reserve;

                   (e)   Intentionally removing or displacing any tree, shrub, plant, fungus or part thereof, or any unfashioned mineral being including water;

                   (f)    Intentionally bringing, or permitting to be brought into the Reserve any living creature, or the egg of any living creature, or any plant, or any seed or any other part of any plant, in such circumstances that it is likely that such creature or plant will reproduce or propagate itself, or such egg will hatch, or such seed will germinate;

                   (g)   Driving, riding, propelling or leaving any mechanically propelled vehicle (including hovercraft) elsewhere than on a highway or on a road, or in a place indicated by a Notice as being available for the purpose

 

                          PROVIDED this Byelaw shall not apply to a mechanically propelled wheelchair or perambulator used solely for the conveyance of a child (or children) or an invalid;

                   (h)   Bringing into or permitting to remain any horse, pony, donkey, ass or hinney;

                   (i)              Bringing into or permitting to remain any animal or bird;

                          PROVIDED that this Byelaw shall not apply to any dog kept under proper control and effectively restrained from injuring or disturbing any other animal or bird in the Reserve;

                   (j)    Erecting, occupying or using any tent, shed, caravan or other structure;

                   (k)   Lighting any fire, stove, heater, firework or other appliance capable or causing fire or discarding or throwing any lighted match or lighted substance in a manner likely to cause a fire;

                   (l)    Boating, bathing or wading in any water body other than the sea;

                   (m)  Any act which pollutes or is likely to pollute any water;

                   (n)   Intentionally or recklessly removing or displacing any noticeboard, notice, fence, barrier, post, boardwalk or any building including any sand dune;

                   (o)   Being in possession of a firearm (with ammunition suitable for use in that firearm) otherwise then on a public paved road, or discharging a firearm or lighting a firework;

                   (p)   Discharging a firearm, catapult, bow and arrow, or a crossbow;

                   (q)   Flying any model aircraft or sailing any model boat;

                   (r)    The use of any apparatus for the transmission, reception, reproduction or amplification of sound, or images by electrical or mechanical means, except apparatus designed and used as to aid defective hearing, in such a manner as to cause annoyance to or interfere with the quiet enjoyment of the Reserve by other members of the public or to cause harm to any living creature or plant in the Reserve;

                   (s)   Intentionally obstructing any officer of the Council or any person or the servant of any person employed or authorised by the Council in the execution of any works, including research or scientific work connected with the laying out, maintenance or management of the Reserve;

                   (t)    Intentionally leaving items, in a place other than a receptacle provided by the Council for deposit of litter or refuse.

 

  1. (ii) The Chief Recreation and Amenities Officer for the time being of the Council may issue permits authorising any person or persons to do any act or class of acts (subject to general legislation in force at the time of issue); within the Reserve or any part thereof, which would otherwise be unlawful under these Byelaws.

          (iii)     Any such permit shall be issued subject to conditions as may from time to time be laid down by the Chief Recreation and Amenities Officer for the time being of the Council, and shall include the following conditions:-

                   (a)   That such permit be carried whenever a visit is made to the Reserve by the person or persons specified therein and produced for inspection when required by any officer of the Council, or by any other duly authorised person, and

                   (b)   That it may be revoked by the Chief Recreation and Amenities Officer for the time being of the Council at any time.

 

(6)     Any person who offends against any of these Byelaws shall be liable under summary conviction to a fine not exceeding the sum of £50 and in the case of a continued offence to a further fine not exceeding £5 for each day during which the offence continues after conviction therefore.

 

Byelaws made by the Metropolitan Borough Council of Sefton on the 5th day of June 1985.  The Secretary of State hereby confirms the foregoing Byelaws.

 

THE COMMON SEAL of THE METROPOLITAN

BOROUGH OF SEFTON was hereunto

affixed this 5th day of June 1985

 

The Secretary of State hereby confirms the foregoing Byelaws.

Department of the Environment

Tolgate House

Houlton Street

Bristol

BS2 9DJ

 

11th September 1985

Made under Section 164 of the Public Health Act, Section 15 of the Open Spaces Act 1906

And Sections 12 and 15 of The Open Spaces Act 1906

 

In Respect of Pleasure Grounds and Open Spaces sites within the Borough of Sefton

 

Graham Heywood

Chief Executive

 

BYELAWS – PLEASURE GROUNDS AND OPEN SPACES IN SEFTON

BYELAWS MADE UNDER SECTION 164 OF THE PUBLIC HEALTH ACT 1875, SECTIONS 12 AND 15 OF THE OPEN SPACES ACT 1906, WITH RESPECT TO PARKS, GARDENS, RECREATION GROUNDS AND PUBLIC OPEN SPACES

 

  1. Throughout these Byelaws the expressions “the Council” means the metropolitan Borough Council of Sefton and the expression “the pleasure ground” means the pleasure ground and open spaces situated in the Borough of Sefton and referred to in Schedule I.

 

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

 

  1. A person shall not in the pleasure ground

 

  • Climb any wall or fence in or enclosing the pleasure ground or any tree or any barrier, railing, post or other erection.
  • Without reasonable excuse remove or displace any wall or fence in or enclosing the pleasure ground or any barrier, railing, post or seat or any part of any erection or ornament in any implement provided for use in the laying out or maintenance of the pleasure ground

 

  1. A person shall not except in pursuance of a lawful agreement with the Council or otherwise in the exercise of any lawful right or privilege bring or cause to brought into the pleasure ground any horse, cattle, sheep, goats or pigs or any beast of draught or burden.

 

  1. 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 any vehicle whatsoever other than:

 

  • A wheeled bicycle, tricycle or similar machine
  • A wheelchair or perambulator drawn or propelled and used solely for the convenience of an elderly person, children or a disabled person.

 

  1. A person shall not in the pleasure ground:

 

  • Skate on rollers, skateboards, wheels or other mechanical contrivances to the danger of other persons using the pleasure ground
  • Where any part of any ground listed in Schedule I to these Byelaws has by notices conspicuously displayed been set aside as a place for skating on rollers, skateboards, wheels or other mechanical contrivances permitted, a person shall not skate on rollers, skateboards, wheels or other mechanical contrivances in any other part of the pleasure ground.

 

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

              

         (i)      Any flowerbed, shrub or plant or 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 it being wheeled or stationed.

 

  1. (i) A person shall not in the pleasure ground walk, run, stand sit or lie upon:

 

  • any grass, turf or other place where adequate notice to keep off such grass, turf or other place is exhibited;

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

            (b)     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.

 

         (ii)  A person shall not remove or displace any soil or plant

 

  1. A person shall not in the pleasure ground:

 

  • Bathe wade or skate upon any frozen surface or in any ornamental lake, pond, stream or other water;
  • Intentionally, recklessly or negligently foul or pollute any such water;
  • Fish in any ornamental lake, pond, stream or other water

Provided that this provision shall not apply to any area of water set aside for fishing as indicated by a notice conspicuously displayed within the pleasure ground

  • Use or permit to be used any class of boat in any sailing lake or other water except in pursuance of a lawful agreement entered into with the Council.

Provided that this provision shall not apply to any area of water set aside for the use of model boats, indicated by a notice conspicuously displayed within the pleasure ground

 

  1. A person shall not cause or suffer any dog belonging to him or in his charge:

 

  • To remain in the pleasure ground unless such dog be and continue to be under proper control and be effectually restrained from causing annoyance to any person, and from worrying or disturbing any animal or water flow and from entering any ornamental water or damaging any flower beds or children’s playground equipment
  • To enter or remain in any “EXCLUDED AREA” specified in SCHEDULE III to these byelaws and indicated by a notice conspicuously displayed within the pleasure ground.

 

  1. 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 place in the pleasure ground, for the purpose of any games 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 in any space of such part of the pleasure ground – a person shall not in any space elsewhere in the pleasure ground play or take 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.

 

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

 

  • Not play on the space, any game, other than the game for which it is set apart;
  • In preparing for playing and in playing, use reasonable care to prevent undue interference with the proper use of the pleasure ground by other persons;
  • When a space is already occupied by other players, not begin to play thereon without their permission
  • Where the exclusive use of the space has been granted by the Council for the playing of a match, not play on that space later than a quarter of any hour before the time fixed for the beginning of the match, unless he is taking part therein;
  • Except where the exclusive use of the space has been granted by the Council for the playing of a match of which he is part, not use the space for a longer time than two hours continuously, if any other player or players make known to him a wish to use the space.

 

  1. 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 ground.

 

  1. A person shall not in the pleasure ground:

 

  • Except as hereinafter provided erect any post, rail, fence, pole, tent, booth, stand, building or other structure;

Provided that this prohibition shall not apply whereupon an application to the Council they grant permission to erect any post, rail, fence, pole, tent, booth, stand, building or other structure upon such occasion and for such purpose as may be specified in the application and in such areas that may be set aside by the Council for that purpose.

  • Sell or offer or expose for sale, or let to hire, or offer or expose for letting or hire, any commodity or article, unless, in pursuance with an agreement with the Council, or otherwise in the exercise of any lawful right or privilege, is authorised to sell, or let to hire in the pleasure ground such commodity or article.
  • By operating or causing or suffering to be operated, any wireless, gramaphone, amplifier, tape recorder or similar instrument, make, cause or suffer 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 pleasure ground.
  • Hold or take part in any public meeting (except on any part of the pleasure ground which by a notice conspicuously displayed the Council set aside for public meetings
  • Use any obscene language to the annoyance of any person or within the hearing of any child.

 

  1. A person shall not in the pleasure ground drive, pitch or chip a hard golf ball except on land set aside by the Council as a golf course, golf driving range, golf practice area or putting course.

 

  1. A person shall not in the pleasure ground intentionally obstruct, disturb or annoy any other person in the proper use of the pleasure ground, or intentionally obstruct, disturb any officers of the Council in the proper execution of any work in connection with the laying out or maintenance of the pleasure ground

 

  1. Every person who shall offend against any of these Byelaws shall be liable on summary conviction to a fine not exceeding £50.

 

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

 

  • Where the infraction of the byelaw is committed within 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;
  • Where the infraction of the Byelaw is committed within view of such officer or constable, and, from the nature of such infraction, or from any other fact that the officer or constable may have knowledge, or of which he may be credibly informed, there may be reasonable grounds 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.

 

THE COMMON SEAL of THE

METROPOLITAN BOROUGH COUNCIL

OF SEFTON was hereunto affixed this 28th day of February 1983

 

The foregoing byelaw(s) are hereby confirmed by the Secretary of State and shall come into operation on the 2nd day of November 1983

 

19th OCT. 1983

Home Office

LONDON, SW1.

 

SCHEDULES

 

PLEASURE GROUNDS

 

The Sections referred to in the left-hand column are references to Section 164 of the

Public Health, Act, 1875; Section 15, Open Spaces Act, 1906; Sections 12 and 15,

Open Spaces Act, 1906.

 

Pleasure grounds with respect to which Byelaws are made under

Section 164, Public Health Act, 1875

 

AREA

Abby Gardens, Southport

Alexandra Park, Crosby

Anderson Ave C.P.G., Bootle

Assissian Crescent, Bootle

Bedford Park, Southport

Botanic Gardens, Southport

Bowersdale Park, Seaforth

Brook Vale Playing Field, Waterloo

Bull Cop, Formby

Canning Road, Southport

Carr Lane Recreation Ground, Southport

Chaffers Playing Field (and Derwent Road) Waterloo

Charles Best Green Playground, Bootle

Compton Road Recreation Ground, Southport

Coronation Park, Crosby

Cresswell Close C.P.G., Bootle

Duke St Park, Formby

Hall Rd Park, Crosby

Hatton Hill Park, Litherland (Sefton Road and Field Lane)

Hesketh Park, Southport

Millers Bridge, Bootle

Moorside Park, Crosby

Morton Gardens, Bootle

Musker Drive C.P.G., Bootle

Netherton (Parkfield Ave) C.P.G., Netherton

North Park, Bootle

Ollery Green C.P.G., Bootle

Orrell Mount, Bootle

Peel Road, Bootle

Potters Barn Park, Seaforth

Preston New Road Recreation (2 areas) Grounds

Princes Park, Southport

Promenade (Kings Gardens), Floral Hall, Southport

Rimrose Valley, Litherland

Russell Rd Recreation Ground, Southport

Seafront Gardens, Waterloo (comprising Adelaide Gardens, Beach Lawn Gardens,

Crescent Gardens, Waterloo and Marine Gardens)

Sniggery Wood, Crosby

South Rd Gardens, Waterloo

South Park, Bootle

St. Mary's Gardens of Rest, Bootle

Stanley Gardens, Bootle

The Green, Hightown

Victoria Park, Southport

Victoria Park, Waterloo

Waterloo Road Recreation Ground, Southport

William Henry St, Bootle

 

 

 

Open Spaces with respect to which Byelaws are made under

Section 12 and 15 Open Spaces Act, 1906

 

 

 

 

AREA

Abbeyfield Park, Bootle

 

Ainsdale Green, Southport and Bank End, Southport

Alt Road Playing Field, Formby

Amos Square Playground, Litherland

Bills Lane Environmental Site, Formby

Brook Road, Bootle

Buckley Hill Playing Field, Netherton

Centenary Gardens (Kings), Bootle

Deansgate Lane, Formby

Dunnings Bridge Road and Netherton Way, Netherton

Fleetwood Road Recreation Ground, Southport

Golf Course, Bootle

Golf Course, Southport

Hapsford Road Playground, Litherland

Hartley Crescent Gardens, Southport

Hood Street/Keats Street, Bootle

Johnsons, Bootle

Killen Green, Bootle

King George V Playing Field, Formby

Lonsdale Road Playground, Litherland

Lord Street/St. Paul's Square, Southport

Lunt Road Recreation (Mellanear)

Lydiate Lane Playing Field, Thornton

Manor Park, Crosby

Marine Park and Seafront Area, Crosby

Marsh Lane, Bootle

Moss Lane Sports Ground, Litherland

Netherton Open Space, Netherton

Pendle Drive Playground, Litherland

Pinfold Lane (2 areas), Southport

Rawson Road Site, Crosby

Sandbrook Road Recreation Ground

Seaforth Triangle, Seaforth

Smithy Green, Formby

The Stray, Southport

Town Lane, Southport

 

 

 

Open Spaces with respect to which Byelaws are made under

 

Section 15 of the Open Spaces Act, 1906

 

AREA

Cambridge Road Playing Field, Formby

Moss Lane, Bootle

 

 

 

 

 

SCHEDULE II

 

Pleasure grounds referred to in Byelaw No.3 and Byelaw No.4

 

North Area

 

Botanic Gardens

Canning Road (Bowling Greens only)

 

South Area

 

Victoria Park

Alexandra Park

Coronation Park

Moorside Park

Chaffers Playing Field

Brook Vale Playing Field

Potters Barn Park

Seafront Gardens

Marine Park

Hatton Hill Park

Moss Lane Playing Fields

North Park

Killen Green Park

Abbeyfield Park

Netherton Way Park

Crescent Bowling Green

Orrell Mount Park

Johnsons Bowling Green

South Park

Derby Park

 

 

 

SCHEDULE III

"EXCLUDED AREAS"

Areas from which dogs shall be excluded under Byelaw No.12 (ii).

 

 

Area

Excluded

 

Total Area

of Park

1.      The Crescent Bowling Green Moss Lane, Bootle

0.75 acres

 

0.75 acres

2.      Alt Road Playground, Formby

1.00 acres

 

1.00 acres

3.      Duke Street Park, Formby

Rose Garden

Bowling Green Area

 

0.2 acres

0.4 acres

 

 

4.      Pinfold Lane Children’s Playground, Ainsdale

0.50 acres

 

0.50 acres

5.      Sandbrook Road - Bowling Green Area Only

0.48 acres

 

10.64 acres

6.      Canning Road - Bowling Green Area Only

1.12 acres

 

3.00 acres

7.      King's Gardens, Southport – Putting Green Area Only

1.34 acres                                                                              

23.68 acres

8.      Crossens Recreation Ground – Bowling Green Area Only

0.60 acres                                                                              

7.40 acres

9.      Botanic Gardens - Bowling Green Area Only

0.90 acres

 

19.14 acres

10.   Memorial Gardens, Alexandra Park, Crosby

0.22 acres

 

0.22 acres

       Total Area

7.51 acres

 

66.33 acres

 

 

                                                                                               

 

 

 

 

SCHEDULE

Pursuant to Byelaw 22 the following Byelaws are hereby repealed :-

       Recreation Ground

Made by

Confirmed by

1.    Derby Park, Bootle

       Morton Gardens, Bootle

       Stanley Gardens, Bootle

       North Park, Bootle

       South Park, Bootle

The Mayor Alderman and Burgesses of Bootle on 1st October 1952, under the Public Health Act, 1875.

The Secretary of State on 26th November 1952.  As amended by a Byelaw made on 4th March 1966, and confirmed on 29th April 1966.

 

 

 

2.    The Orrell Mount Pleasure ground

The Mayor Alderman and Burgesses of Bootle on 1st October 1952.

The Home Secretary on 26th November 1952.

 

 

 

3.    St Mary’s Garden of Rest

The Mayor Alderman and Burgesses of Bootle on 4th December 1970, under the Open Space Act, 1906, and the Bootle Corporation Act, 1959.

Confirmed on 3rd May 1971.

 

 

 

4.    Derby Road Bowling Green

The Mayor Alderman and Burgesses of Bootle on 1st October 1952, under the Public Health Act, 1875.

Confirmed by the Home Secretary on 26th November 1952.

 

 

 

5.    Field Lane, Litherland

       Sefton Road, Litherland

The Litherland Urban District Council on 7th July 1919, under the Public Health Act, 1875.

Allowed by the Minister of Health on 21st October 1919.

 

 

 

6.    Duke St Park, Formby

The Formby Urban District Council on 24th August 1964, under the Public Health Act, 1875.

The Secretary of State on 2nd November 1964.

 

 

 

7.    Charles Best Green, Bootle

       Douglas Place, Bootle

       William Henry St, Bootle

       Assissian Crescent, Bootle

       Anderson Drive, Bootle

       Musker Drive, Bootle

       Orrell Green, Bootle

       Cresswell Close, Bootle

       Netherton (Parkfield Ave), Bootle

The Mayor Aldermen and Burgesses of Bootle on 4th December 1963, under the Public Health Act 1875

The Secretary of State on 27th February 1964.

 

 

 

 

 

       Recreation Ground

Made by

Confirmed by

8.    Peel Road, Bootle

       Recreation St, Bootle

       Millers Bridge, Bootle

The Mayor Aldermen and Burgesses of Bootle on 1st October 1952 under the Public Health Act, 1875.

The Secretary of State on 26th November 1952.

 

 

 

9.    Bowersdale Park, Seaforth

       Moorside Park, Crosby

       Brookvale Playing Fields

       Potters Barn

       Sniggery Wood

       Coronation Park

 

      

 

The Mayor Aldermen and Burgesses of Crosby on 5th February 1958 under the Public Health Act, 1875.

 

The Secretary of State on the 14th May 1958.

 

 

 

 

10.  Hesketh Park, Southport

       Victoria Park, Southport

       Bedford Road, Southport

       North & South Marine Parks, Southport

       Princes Park, Southport

       Liverpool Road Rec, Southport

       Kings Gardens, Southport

       Waterloo Road Rec, Southport

       Preston New Road Rec

       Crossens Road Rec

       Canning Road Rec

       Meols Cop Road Rec

       Compton Road Rec

       Carr Lane Rec

 

The Mayor Aldermen and Burgesses of Southport on 31st August 1932, under the Public Health Act, 1875. (As amended on the 11th September 1969, and thereby extended to – Sandbrook Road, Southport; Botanic Gardens, Chuchtown, Southport; Russell Road Recreation Ground, Southport; Pinfold Lane, Southport; Fleetwood Road, Southport.

Confirmed by the Secretary of State on 4th November 1969.

Being further amended 25th June 1976.  Such amendment being confirmed by the Secretary of State on 2nd September 1976.

 

 

 

11.  Devonshire Road, Southport

The Mayor Aldermen and Burgesses of Southport on 21st March 1933.

Allowed by the Minister of Health on 8th May 1933.

 

 

 

12.   Adelaide Gardens, Waterloo

        Beach Lawn Gardens, Waterloo

        Crescent Gardens, Waterloo

        Marine Gardens, Waterloo

        (The above Gardens being collectively known and referred to as The Seafront Gardens, Waterloo)

The Mayor Aldermen and Burgesses of Crosby on 5th February 1958, under the Public Health Act, 1875.

The Secretary of State on 14th May 1958.

 

 

 

13.   Marine Park and Seafront Area, Crosby

The Metropolitan Borough Council of Sefton under Section 15, Open Spaces Act, 1906 and Section 13, Crosby Corporation Act, 1968 on 15th December 1975.

The Secretary of State on 10th March 1976.

 

 

 

                                                                                               

 

 

The above referred to Byelaws were repealed by the Council on the 28th day of February One thousand nine hundred and eighty-three.

 

 

 

 

IN WITNESS whereof the Common Seal of the Metropolitan Borough Council of Sefton was hereunto affixed in the presence of

 

 

 

 

 

 

 

                                                                                    J.P. McElroy

                                                                                    Chief Executive Officer

 

The foregoing byelaw(s) are hereby confirmed by the Secretary of State and shall come into operation on the 2nd day of November 1983.

 

Signed by authority of the Secretary of State:

 

 

 

                                                                                    G.I. de DENEY

                                                                                    An Assistant Under-Secretary of State.

 

19th OCT. 1983

Home Office

LONDON, SWl.

 

 

 

I, HEREBY CERTIFY, that the foregoing bye-laws are a true copy of the bye-laws made by the Sefton Metropolitan Borough Council on the 28th day of February 1983; that the bye-laws were duly forwarded to the Secretary of State and confirmed by him on the 19th October 1983; and that the 2nd November 1983 was the date fixed by the Secretary of State on which the bye-laws should come into operation.

 

 

 

 

                                                                                    J.P. McElroy

                                                                                    Chief Executive Officer

 

 


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