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Kingsclere ByelawsKingsclere Parish Council ARRANGEMENT OF BYELAWS PART 1 GENERAL 1. General Interpretation PART 2 3. Protection of structures and plants PART 3 11. Interpretation of Part 3 PART 4 16. Interpretation of Part 4 PART 5 26. Interpretation of Part 6 PART 6 28. Provision of services PART 7 34. Obstruction SCHEDULE 1 – Grounds to which byelaws apply generally Byelaws made under section 164 of the Public Health Act 1875 and sections 12 and 15 of the Open Spaces Act 1906 by Kingsclere Parish Council with respect to pleasure grounds and spaces. PART 1 General Interpretation 1. In these byelaws: “the Council” means Kingsclere Parish Council; “designated area” means an area in the ground which is set aside for a specified purpose, that area and its purpose to be indicated by notices placed in a conspicuous position; “invalid carriage” means a vehicle, whether mechanically propelled or not,
Application 2. These byelaws apply to all of the areas listed in Schedule 1. PART 2 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. Grazing 5. 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 6. No person shall kill, injure, take or disturb any animal, or engage in hunting or shooting, or the setting of traps or nets or the laying of snares. Gates 7. [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 7(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 8. 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 9. [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 9(1) shall not apply to any event at which the Council has given permission that fires may be lit. Missiles 10. 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. PART 3 Interpretation of Part 3 11. In this Part: “designated route” means a route in or through the grounds which is set aside for a specified purpose, that route and its 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 a mechanically propelled vehicle other than a motor cycle or invalid carriage; “trailer” means a vehicle drawn by a motor vehicle, and includes a caravan. Horses 12. [1] No person shall ride a horse in the ground except: (a) on a designated route for riding; or (b) in the exercise of a lawful right or privilege. [2] Where horse-riding is permitted by virtue of byelaw 12[1](a) or a lawful right or privilege, no person shall ride a horse in such a manner as to cause danger to any other person. Cycling 13. 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. Motor vehicles 14. 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 for that class of vehicle. Overnight parking 15. No person shall without the consent of the Council leave or cause or permit to be left any motor cycle, motor vehicle or trailer in the ground between the hours of 12 midnight and 6 a.m.. PART 4 Interpretation of Part 4 16. 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; “golf course” means any area within the ground set aside for the purposes of playing golf and includes any golf driving range, golf practice area or putting course; “self-propelled vehicle” means a vehicle other than a cycle, invalid carriage or pram which is propelled by the weight or force of one or more persons skating, sliding or riding on the vehicle or by one or more persons pulling or pushing the vehicle. Children’s play areas 17. No person aged 14 years or over shall enter or remain in a designated area which is a children’s play area unless in charge of a child under the age of 14 years. Children’s play apparatus 18. No person aged 14 years or over shall use any apparatus stated to be for the exclusive use of persons under the age of 14 years by a notice conspicuously displayed on or near the apparatus. Skateboarding Etc. 19. [1] No person shall skate, slide or ride on rollers, skateboards or other self-propelled vehicles except in a designated area for such activities. [2] Where there is a designated area for skating, sliding, or riding on rollers, skateboards or other self-propelled vehicles, no person shall engage in those activities in such a manner as to cause danger or give reasonable grounds for annoyance to other persons. Ball games 20. [1] No person shall play ball games outside a designated area for playing ball games in such a manner: (a) as to exclude persons not playing ball games from use of that part; (b) as to cause danger or give reasonable grounds for annoyance to any other person in the ground; or (c) which is likely to cause damage to any tree, shrub or plant in the ground. 21. It is an offence for any person using a designated area for playing ball games to break any of the rules set out in Schedule 2 and conspicuously displayed on a sign in the designated area when asked by any person to desist from breaking those rules. Cricket 22. No person shall throw or strike a cricket ball with a bat except in a designated area for playing cricket. Archery 23. 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 24. 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 [or on land set aside by the Council for the purpose]. Golf 25. No person shall drive, chip or pitch a hard golf ball. PART 5 Interpretation of Part 5 26. 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) by 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) by one or more electric motors or by compressed gas. General prohibition 27. 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 6 Provision of Services 28. No person shall without the consent of the Council provide or offer to provide any service for which a charge is made. Excessive noise 29. [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) by shouting or singing; (b) by playing on a musical instrument; or
[2] Byelaw 29 (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 30. 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 31. 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 32. 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 33. 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 7 Obstruction 34. No person shall— (a) obstruct any officer of the Council in the proper execution of his duties; (b) obstruct any person carrying out an act which is necessarily to the proper execution of any contract with the Council; or (c) obstruct any other person in the proper use of the ground. Savings 35. [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 36. Any person offending against any of these byelaws may be removed from the ground by an officer of the Council or a constable. Penalty 37. 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. SCHEDULES SCHEDULE 1 The grounds referred to in byelaw 2 are: The Dell Recreation Ground The William Holding Field SCHEDULE 2 Any person using a designated area for playing ball games is required by byelaw [21] to comply with the following rules: (1) No person shall play any game other than those ball games for which the area has been set aside. (2) No person shall obstruct any other person who is playing in accordance with these rules. (3) Where exclusive use has been granted to a person or group of persons by the Council for a specified period, no other person shall play during that period. (4) Subject to paragraph (5), where the designated area is already in use by any person any other person wishing to play in that area must seek permission to do so. (5) Except where they have been granted exclusive use for more than two hours by the Council, any person using the area shall vacate it if they have played continuously for two hours or more and know that any other person wishes to use the area. (6) No person shall play in a designated area when a notice has been placed in a conspicuous position by the Council prohibiting play in that area of the ground. Given under our hands and seals this 19th day of December 2007 (Seal Applied) These byelaws are confirmed by the Secretary of State and shall come into operation on 18 June 2008 Signed by authority of the Secretary of State Signature Applied Date: 28th May 2008 Kingsclere Youth Centre Business Plan Kingsclere Youth Centre Business PlanAdobe Acrobat (PDF) format, 116 KB (estimated download time using 56k modem is 23 seconds) Click to open the document in a new window. Right-click for saving options. Twining Newsletter - Dec 2009Twining Newsletter - Dec 2009Adobe Acrobat (PDF) format, 320 KB (estimated download time using 56k modem is 64 seconds) Click to open the document in a new window. Right-click for saving options. Annual Return 31 March 2008Annual Return 31 March 2008Adobe Acrobat (PDF) format, 596 KB (estimated download time using 56k modem is 119 seconds) Click to open the document in a new window. Right-click for saving options. Freedom of InformationDetails to follow.... Complaint ProcedureKINGSCLERE PARISH COUNCIL In order to ensure the good name of the council, it is essential that, in the event of a complaint about the council and its work, there be a proper procedure for dealing satisfactorily with it. Where parishioners have a complaint about the work of the council or any of its employees, the following procedures shall be followed. 1. Where the complaint relates to the work of any employee of the council (such as the clerk), the matter will be dealt with as an employment matter. Assurance will be given that the matter will be dealt with rapidly and that appropriate action will be taken 2. Where the complaint relates to the work of a councillor, the Standards Board will adjudicate. Complainants should be advised to contact this body directly, or through the Monitoring Officer. 3. This procedure relates to the work of the council and is intended to set up a transparent, standard procedure under which all complaints can be dealt with, when the usual informal methods (such as explanation by the Clerk or the Chairman) have not been successful. In this way, any complainant can feel confident that their complaint has been properly and thoroughly considered. 4. A committee will be set up to consider the complaint, which will usually consist of two Councillors appointed by the Chairman, one of whom will chair the meeting 5. If the Clerk is representing the views of the council at the meeting, it is important that s/he does not offer advice to the committee and that at all times all parties will be dealt with courteously, fairly and in accordance with the procedures laid down CODE OF PRACTICE 1. The complainant should be asked to put the complaint about the council's procedures or administration in writing to the clerk. 2. If the complainant does not wish to put the complaint to the clerk, s/he may be advised to put it to the Chairman of the council. 3. The receipt of the complaint will be acknowledged and the complainant informed as to when the matter will be considered by the committee, established for the purposes of hearing complaints. The complainant will be invited to attend the meeting, bringing with him/her any representative that he/she wishes. 4. 7 clear working days prior to the meeting, the complainant shall provide the council with copies of any documentation or other evidence, which they wish to refer to at the meeting. The council shall similarly provide the complainant with copies of any documentation upon which they wish to rely at the meeting. At the Meeting 5. The council shall consider whether the circumstances of the meeting warrant the exclusion of the public and the press. Any decision on a complaint shall be announced at the next Ordinary Council Meeting in public. 6. The Chairman will introduce everyone and explain the procedure 7. The complainant (or representative) will outline the grounds for complaint. 8. Members of the committee may then ask any question of the complainant. 9. If relevant, the clerk will explain the council's position. 10. Members of the committee may ask any question of the clerk. 11. The Clerk and then the complainant to be offered opportunity of last word. 12. The Clerk and the complainant to be asked to leave room while committee members decide whether or not the grounds for the complaint have been made (if a point of clarification is necessary, both parties to be invited back). 13. Both Clerk and complainant return to hear decision or to be advised when decision will be made. After the Meeting Adopted by the council Dog Control Orders 2007The Clean Neighbourhoods and Environment Act 2005 The Fouling of Land by Dogs Kingsclere Parish Order 2007 The Kingsclere Parish Council hereby makes the following Order: 1. This Order comes into force on 1st December 2007 2. This Order applies to the land specified in the Schedule. Offence 3.—(1) If a dog defecates at any time on land to which this Order applies and a person who is in charge of the dog at that time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless— (a) he has a reasonable excuse for failing to do so; or (b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so. (2) Nothing in this article applies to a person who— (a) is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or (b) has a disability which affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon which he relies for assistance. (3) For the purposes of this article— (a) a person who habitually has a dog in his possession shall be taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog; (b) placing the faeces in a receptacle on the land which is provided for the purpose, or for the disposal of waste, shall be a sufficient removal from the land; (c) being unaware of the defecation (whether by reason of not being in the vicinity or otherwise), or not having a device for or other suitable means of removing the faeces shall not be a reasonable excuse for failing to remove the faeces; (d) each of the following is a "prescribed charity"— (i) Dogs for the Disabled (registered charity number 700454); (ii) Support Dogs (registered charity number 1088281); (iii) Canine Partners for Independence (registered charity number 803680). Penalty 4. A person who is guilty of an offence under article 3 shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. 7th November 2007 SCHEDULE [Specification/description of land, or lands, to which the Order applies] The Clean Neighbourhoods and Environment Act 2005 The Dogs on Leads Kingsclere Parish Order 2007 The Kingsclere Parish Council hereby makes the following Order: 1. This Order comes into force on 1st December 2007. 2. This Order applies to the land specified in the Schedule Offence 3.—(1) A person in charge of a dog shall be guilty of an offence if, at any time, on any land to which this Order applies he does not keep the dog on a lead, unless— (a) he has a reasonable excuse for failing to do so; or (b) the owner, occupier or other person or authority having control of the land has consented generally or specifically to his failing to do so. (2) For the purposes of this article a person who habitually has a dog in his possession shall be taken to be in charge of the dog at any time unless at that time some other person is in charge SCHEDULE [Specification/description of land, or lands, to which the Order applies] The Clean Neighbourhoods and Environment Act 2005 The Dogs on Leads by Direction Kingsclere Parish Order 2007 The Kingsclere Parish Council (in this Order called "the Authority") hereby makes the following Order: 1. This Order comes into force on 1st December 2007. 3. In this Order "an authorised officer of the Authority" means an employee of the Authority who is authorised in writing by the Authority for the purpose of giving directions under this Order. Offence 4.—(1) A person in charge of a dog shall be guilty of an Offence if, at any time, on any land to which this Order applies, he does not comply with a direction given him by an authorised officer of the Authority to put and keep the dog on a lead unless— (a) he has a reasonable excuse for failing to do so; or (b) the owner, occupier or other person or authority having control of the land has consented generally or specifically to his failing to do so. (2) For the purposes of this article— (a) a person who habitually has a dog in his possession shall be taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog; (b) an authorised officer of the Authority may only give a direction under this Order to put and keep a dog on a lead if such restraint is reasonably necessary to prevent a nuisance or behaviour by the dog likely to cause annoyance or disturbance to any other person [on any land to which this Order applies] or the worrying or disturbance of any animal or bird. Penalty 5. A person who is guilty of an Offence under article 4 shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. 7th November 2007 SCHEDULE [Specification/description of land, or lands, to which the Order applies] The Clean Neighbourhoods and Environment Act 2005 The Dogs Exclusion Kingsclere Parish Order 2007 The Kingsclere Parish Council hereby makes the following Order: 1. This Order comes into force on 1st December 2007.2. This Order applies to the land specified in the Schedule Offence 3.—(1) A person in charge of a dog shall be guilty of an offence if, at any time, he takes the dog onto, or permits the dog to enter or to remain on, any land to which this Order applies unless— (a) he has a reasonable excuse for doing so; or (b) the owner, occupier or other person or authority having control of the land has consented generally or specifically to his doing so. (2) Nothing in this article applies to a person who— (a) is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or (b) is deaf, in respect of a dog trained by Hearing Dogs for Deaf People (registered charity number 293358) and upon which he relies for assistance; or (c) has a disability which affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon which he relies for assistance. (3) For the purposes of this article— (a) a person who habitually has a dog in his possession shall be taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog; and (b) each of the following is a "prescribed charity"— (i) Dogs for the Disabled (registered charity number 700454); (ii) Support Dogs (registered charity number 1088281); (iii) Canine Partners for Independence (registered charity number 803680). Penalty 4. A person who is guilty of an offence under article 3 shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. 7th November 2007 SCHEDULE [Specification/description of land, or lands, to which the Order applies] The Clean Neighbourhoods and Environment Act 2005 The Dogs (Specified Maximum) Kingsclere Parish Order 2007 The Kingsclere Parish Council hereby makes the following Order: 1. This Order comes into force on 1st December 2007. Offence (a) he has a reasonable excuse for doing so; or (b) the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his doing so. (2) For the purposes of this article a person who habitually has a dog in his possession shall be taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog. Penalty 5. A person who is guilty of an offence under article 4 shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. 7th November 2007 SCHEDULE [Specification/description of land, or lands, to which the Order applies] -------------------------------------------------------------- Notice is hereby given that the Parish Council has made the following Dog Control Orders The fouling of Land by Dogs Kingsclere Parish Order 2007 The Dogs on Leads Kingsclere Parish Order 2007 The Dogs on Leads by Direction Parish Order 2007 The Dogs Exclusion Kingsclere Parish Order 2007 These Orders come into force on 1st December 2007 Copies of these orders will be kept at the offices of the Council at 37 George Street, Kingsclere, Newbury, Berks. RG20 5NH. They will be available for inspection without payment on any Monday or Wednesday between 9.30am and 11.30am.  click here for printable page
Page last edited on 11 Dec 2009 © Kingsclere Parish Council Assisted by Basingstoke and Deane Borough Council |
