Monday, June 13, 2005

Draft Byelaws - BLACKHEATH OPEN SPACE, LONDON SE3

Byelaws made by THE LONDON BOROUGH OF LEWISHAM and THE LONDON BOROUGH OF GREENWICH under [paragraph 5 of the Scheme for Blackheath confirmed by the Metropolitan Commons Supplemental Act 1871 and sections 12, 15 and 16 of the Open Spaces Act 1906], with respect to the Blackheath open space.

Interpretation

1. In these byelaws:

"the Council" means


in relation to that part of the ground shown edged green on the plan attached to these byelaws (or such part of the ground as may fall within its administrative area following any review of local government boundary areas) the London Borough of Greenwich or where the context requires it (except under byelaw 53) its nominated contractor; and

in relation to that part of the ground shown edged blue on the plan attached to these byelaws (or such part of the ground as may fall within its administrative area following any review of local government boundary areas) the London Borough of Lewisham or where the context requires it (except under byelaw 53) its nominated contractor ;

"the ground" means the Blackheath open space, Blackheath, London SE3 (including any new name subsequently given to it) as shown edged red on the plan attached to these byelaws;

“Schedule” followed by a number, or a number and a letter, means the Schedule to these byelaws bearing that number, or that number and letter

Words implying the singular shall include the plural and vice versa

(2) Unless an individual byelaw specifies otherwise these byelaws shall apply to the ground

Vehicles

2. (1)(i) No person shall, without reasonable excuse, 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.

(1) (ii) No person shall ride a cycle in such a manner as to cause danger or nuisance or give reasonable grounds for annoyance to other persons in the ground.

(2) If the Council has set apart a space in the ground for use by vehicles of any class, paragraph 3 (1(i),(1)(ii) of these byelaws shall not prevent the riding, bringing or causing to be brought on 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.

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

(4) In these byelaws:

"cycle" means a unicycle, bicycle, a tricycle, or a cycle having four or more wheels, not being in any case a motor cycle or motor vehicle;

"invalid carriage" means a vehicle, whether mechanically propelled or not, the unladen weight of which does not exceed 150 kilograms, the width of which does not exceed 0.85 metres and which has been constructed or adapted for use for the carriage of one person, being a person suffering from some physical defect or disability and is used solely by such a person;

"motor cycle" means a mechanically propelled vehicle, whether or not intended or adapted for use on roads, not being an invalid carriage, with less than four wheels and the weight of which unladen does not exceed 410 kilograms;

"motor vehicle" means a mechanically propelled vehicle, whether or not intended or adapted for use on roads, not being an invalid carriage.

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

Overnight parking

3. No person shall, without the consent of the Council, leave or cause or permit to be left any vehicle in the ground between the hours of 9 pm and 6 a.m.

Horses

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

(2) In any part of the ground where by any lawful right or privilege horseriding is permitted, no person shall intentionally or negligently ride a horse to the danger of any other person using the ground.

Climbing

5. 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

6. 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.

Erection of structures

7. 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.

Camping

8. No person shall in the ground, without the consent of the Council, erect a tent or use any vehicle, including a caravan, or any other structure for the purpose of camping.

Fires, fireworks etc

9. (1) No person shall in the ground intentionally light a fire, or place, throw or let fall a lighted match or any other thing so as to be likely to cause a fire, or throw or set off any firework.

(2) No person shall in the ground throw or set off any stink-bomb or similar article, or squirt, spray or otherwise throw or scatter any offensive liquid, powder or substance in any such place as aforesaid.

(3) Byelaw 10(1) shall not apply to any event held with the prior written consent of the Council.

Games (1)

10. Where the Council has, by a notice placed in a conspicuous position in the ground, set apart an area in the ground for the playing of such games as may be specified in the notice, no person shall:

(a) play in such an area any game other than the game for which it has been set apart;

(b) use any such area so as to give reasonable grounds for annoyance to any person already using that area for any purpose for which it has been set apart; or

(c) play any game so specified in any other part of the ground in such a manner as to exclude any person not playing the game from the use of that part.

(d) when the area is already occupied by other players begin to play thereon without their permission;

(e) where the exclusive use of the area has been granted by the Council for the playing of a match, play on that area later than a quarter of an hour before the time fixed for the beginning of the match unless taking part therein; or

(f) except where the exclusive use of the area has been granted by the Council for the playing of a match in which he is taking part, use the area for a longer time than two hours continuously, if any other player or players make known to him a wish to use the area.

Games (2)

11. No person shall, in any area of the ground which may have been set apart by the Council for any game, play any game when the state of the ground or other cause makes it unfit for use and a notice is placed in a conspicuous position prohibiting play in that area of the ground.

Games (3)

12. (1) No person shall in the ground play any game:

(a) so as to give reasonable grounds for annoyance to any other person in the ground; or

(b) which is likely to cause damage to any tree, shrub or plant in the ground.

(2) Byelaw 16(1) shall not extend to any area set apart by the Council for the playing of any game.

Trading

13. No person shall in the ground, without the prior written consent of the Council, sell, or offer or expose for sale, or let to hire, or offer or expose for letting to hire, any commodity or article or provide or offer to provide any service for which a charge is made.

Grazing

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

Protection of flower beds, trees, grass, etc (1)

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

(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

(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.

Protection of flower beds, trees, grass, etc (2)

16. No person shall in the ground enter upon:

(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

(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.

Removal of substances

17. No person shall remove from or displace in the ground any stone, soil or turf, or the whole or any part of any plant, shrub or tree.

Archery

18. No person shall in the ground, except in connection with an event organised by or held with the prior written consent of the Council, engage in the sport of archery.

Field Sports

19. No person shall in the ground, except in connection with an event organised by or held with the prior written consent of the Council, engage in the sport of javelin or discus or hammer-throwing or shot-putting.

Golf

20. No person shall bring or use golfing equipment in the ground.

Cricket

21. No person shall use any cricket ball, except in any part of the ground which, by a notice placed in a conspicuous position in the ground, has been set aside as an area where a cricket ball may be used.

Skateboarding and roller skating

22. No person shall in the ground skate, slide or ride on rollers, skateboards, wheels, mechanical contrivances or other equipment in such a manner as to cause danger or nuisance or give reasonable grounds for annoyance to other persons in the ground.

Missiles

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

Waterways

24. No person shall:

Bathing

(a) without reasonable excuse, bathe or swim in any waterway or body of water comprised in the ground except in an area where a notice exhibited by the Council permits bathing and swimming;

Pollution of waterways

(b) intentionally, carelessly or negligently foul or pollute any waterway or body of water comprised in the ground;

Watercourses

(c) knowingly cause or permit the flow of any drain or watercourse in the ground to be obstructed or diverted, or open, shut or otherwise work or operate any sluice or similar apparatus in the ground.

Ice Skating

25. No person shall in the ground go or remain upon any ice or frozen body of water.

Model boats

26. (1) No person shall, without the prior written consent of the Council, operate or sail on any waterway or body of water comprised in the ground any model boat, except in an area where a notice exhibited by the Council permits the use of such boats.

(2) No person shall operate or sail on any waterway or body of water comprised in the ground any power-driven model boat, except in any area where a notice exhibited by the Council permits the use of such boats.

(3) In byelaw 35(2), "power-driven" means driven by the combustion of petrol vapour or other combustible vapour or other combustible substances.

Boats

27. No person shall, without the prior written consent of the Council, operate or sail on any waterway or body of water comprised in the ground any boat, except in an area where a notice exhibited by the Council permits the use of such boats.

Interference with life-saving equipment

28. No person shall, except in case of emergency, remove from or displace in the ground or otherwise tamper with any life-saving appliance provided by the Council.

Aircraft

29. No person shall, except in case of emergency or with the prior written consent of the Council, take off from or land in the ground in an aircraft, helicopter, hang-glider or hot-air balloon.

Power-driven model aircraft

30. (1)(a) No person shall in the ground release any power-driven model aircraft for flight or control the flight of such an aircraft.

(1)(b) No person shall cause any power-driven model aircraft to take off or land in the ground.

In byelaw 30:

"model aircraft" means an aircraft which weighs not more than 7 kilograms without its fuel;

"power-driven" means driven by the combustion of petrol vapour or other combustible vapour or other combustible substances or by one or more electric motors or by compressed gas.

Kites

31. No person shall in the ground fly or cause or permit to be flown any kite in such a manner as to cause a danger, nuisance or annoyance to any other person in the ground.

Metal detectors

32. No person shall on the land use any device designed or adapted for detecting or locating any metal or mineral in the ground.

Fishing and protection of wildlife

33. (1) No person shall in the ground intentionally kill, injure, take or disturb any animal, fish or amphibian or engage in hunting, shooting or fishing, or the setting of traps or nets or the laying of snares.

(2) This byelaw shall not prohibit any fishing which may be authorised by the Council.

(3) No person shall in the ground cast any net or line used or intended for use in angling, except upon any waters comprised in the ground where fishing is permitted by the Council.

Noise

34. (1) No person shall in the ground, after being requested to desist by an officer of the Council, or by any person annoyed or disturbed, or by any person acting on his behalf:

(a) by shouting or singing;

(b) by playing on a musical instrument; or

(c) by operating or permitting to be operated any radio, gramophone, amplifier, tape recorder or similar instrument;

cause or permit to be made any noise which is so loud or so continuous or repeated as to give reasonable cause for annoyance to other persons in the ground.

(2) This byelaw shall not apply to any person holding or taking part in any entertainment held with the prior written consent of the Council.

Public Shows and Performances

35. No person shall in the ground, without the prior written consent of the Council, hold or take part in any public show or performance.

Exhibitions and structures

36. No person shall in the ground, without the consent of the Council, place or take part in any exhibition, or set up any swing, roundabout or other like thing.

Urinating, etc.

37. No person shall urinate or defecate in the ground.

Dogs

38. No person shall in the ground walk, exercise or bring any dog in any part of the ground:

unless such dog is under proper control; and in any event

in such a manner as to cause danger or nuisance or give reasonable grounds for annoyance to other persons in the ground.

Obstruction

39. No person shall in the ground:

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

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

(c) intentionally obstruct any other person in the proper use of the ground, or behave so as to give reasonable grounds for annoyance to other persons in the ground.

Savings

40. (1) An act necessary to the proper execution of his duty in the ground by an officer of the Council, or any act which is necessary to the proper execution of any contract with the Council, shall not be an offence under these byelaws.

(2) Nothing in or done under any of the provisions of these byelaws shall in any respect prejudice or injuriously affect any public right of way through the ground, or the rights of any person acting legally by virtue of some estate, right or interest in, over or affecting the ground or any part thereof.

Removal of offenders

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

Penalty

42. 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

43. The byelaws referred to in Schedule 1 are hereby revoked.

SCHEDULE 1

(Existing byelaws to be revoked)

The following byelaws relating to the ground made by:

1. the London County Council on 1 November 1932 as confirmed by the Secretary of State for the Home Department on 14 December 1932 (insofar as they apply to that part of the ground within the Borough of Lewisham); and

2. the London Borough of Greenwich on 18 April 1997 and confirmed by the Secretary of State for the Home Office on 15 August 1997(insofar as they apply to that part of the ground within the Borough of Greenwich);

are hereby revoked.