Policing of Parks
(Jersey) Regulations 2005
1 Interpretation
(1) In
these Regulations –
“assistance
dog” means –
(a) a dog
which has been trained to guide a blind person;
(b) a dog
which has been trained to assist a deaf person;
(c) a dog
which has been trained to assist a person who has a disability, provided
that the person is able to produce a certificate or other confirmation in
writing by a medical practitioner within the meaning of the Medical
Practitioners (Registration) (Jersey) Law 1960, or by a person who is
the equivalent of such a person in a country or territory outside Jersey, that
the person has the disability.
“authorized person”,
in respect of a park, means –
(a) a
person appointed by the park authority to be an authorized person for the
purposes of these Regulations; and
(b) a
police officer;
“cycle track”,
“motor vehicle” and “pedal cycle” have the meanings
assigned to those expressions by the Road
Traffic (Jersey) Law 1956;
“Minister”
means the Minister for Infrastructure;[1]
“park” means
an area of land mentioned in Regulation 2;
“park authority”,
in respect of a park, means –
(a) in
the case of Glacis Field, Fort Regent and Springfield Sports Ground, the Minister
for Education and Lifelong Learning[2];
(b) in
the case of any other park owned or administered by the States, the Minister; and
(c) in
the case of a park owned or administered by a parish, the Connétable of
the parish;
“plan” means a
plan set out in the Schedule to these Regulations.[3]
(2) In
these Regulations a reference to a park by a Part number means a park that is
shown coloured on a plan with a colour that corresponds to the colour shown
next to that Part number in the legend at the start of the Schedule to these
Regulations.
2 Parks
(1) These
Regulations apply to the areas of land shown edged green on the plans set out
in the Schedule to these Regulations.
(2) Subject
to these Regulations, members of the public have the right of access to parks.
3 Prohibited
acts in parks
(1) A
person must not –
(a) indulge
in any behaviour in a park that unreasonably interferes with the comfort or
convenience of others users of the park, or causes them annoyance or interferes
with their enjoyment of the park;
(b) undertake
any activity in a park likely to damage the park or to disrupt its maintenance;
(c) throw
or discharge in a park any object to the danger of persons or property;
(d) use a
motor vehicle or pedal cycle in any part of a park not set aside for that use;
(e) enter
or go on any shrubbery, flower bed or other area of a park where it is clearly
intended members of the public should not enter;
(f) destroy
or injure a plant in a park;
(g) destroy,
injure or take an animal, a bird (including an egg) or a fish in a park;
(h) injure,
deface or damage a feature of a park;
(i) climb
a tree or other feature in a park not set aside for that purpose;
(j) except
in a receptacle provided for the purpose, leave refuse in a park;
(k) when
in charge of a dog in a park, fail to clean up any faeces deposited by the dog;
(l) enter
or remain in a park when it is closed.
(2) A
person who contravenes a provision of paragraph (1) shall be guilty of an
offence and liable to a fine of level 2 on the standard scale.
(3) It
is a defence for a person charged with an offence under paragraph (1) to
show that he or she was acting in accordance with permission given under
Regulation 4(1).
4 Acts
for which written permission of park authority is required
(1) A
person must not, in a park, do any of the things mentioned in paragraph (2)
except with and in accordance with the written permission of the park authority
which may be given subject to conditions and restrictions.
(2) A
person must not –
(a) exhibit
a notice, advertisement or other written or pictorial matter;
(b) play
loud amplified music, speech or other sounds;
(c) give
a public address;
(d) give
or take part in a public performance, display or exhibition;
(e) solicit
or collect alms, donations, contributions or subscriptions;
(f) light
a fire;
(g) discharge
a firework;
(h) engage
in a trade, profession or calling;
(i) discharge
a firearm;
(j) operate
a device capable of locating or detecting buried objects;
(k) allow
to remain at rest or store a boat or a trailer, gear, equipment, tackle or
other apparatus associated with a boat.
(3) A
person who contravenes a provision of paragraph (1) shall be guilty of an
offence and liable to a fine of level 2 on the standard scale.
(4) An
authorized person has the same power to remove anything allowed to remain at
rest or stored in a park contrary to paragraph (2)(k) as the person has to
remove a vehicle from the park pursuant to the Road
Traffic (Removal of Vehicles) (Jersey) Order 1963.
5 Animals
in parks
(1) Except
as provided by this Regulation, a person must not –
(a) take an
animal into a park; or
(b) being
a person with responsibility for an animal, allow the animal to remain in a
park.
(2) A
person in charge of an assistance dog, such person being the person whom the
dog has been trained to assist, may take the dog into a park.[4]
(3) A
police officer or an officer of the Impôts may take into a park a dog
that is being worked by the officer in the course of his or her duty.
(4) A
person may take a dog into a Part 1 park so long as the dog is kept on a
lead and is kept within the confines of established paths while it is in the
park.
(5) A
person may take a dog into a Part 2 park so long as the dog is kept on a
lead while it is in the park.
(6) A
person may take a dog into a Part 3 or 4 park.
(7) A
person may take a horse or pony into a Part 4 park so long as it is ridden
or led on a road or riding way established for the purpose by the park
authority.
(8) A
person who contravenes a provision of paragraph (1) shall be guilty of an
offence and liable to a fine of level 2 on the standard scale.
6 Cycle
tracks in parks
(1) A
park authority may establish a cycle track within a park.
(2) Articles 22,
23, 25, 27, 33, 36, 48, 49, 51, 52 and 74 of the Road
Traffic (Jersey) Law 1956 shall apply to a pedal cycle ridden on a cycle
track established under paragraph (1).
7 Road
train track
(1) The
Minister may –
(a) set
aside a road train track on the promenade between West Park and St. Aubin; and
(b) authorize
the track to be used to provide a road train service.
(2) The
Minister must not authorize a person to provide a road train service in
accordance with paragraph (1)(b) unless he or she is satisfied that the
person operating the service –
(a) is
the holder of a public service vehicle licence issued under the Motor
Traffic (Jersey) Law 1935 for each motor vehicle to be used to provide the
service that authorizes the vehicle to be used to provide a char-à-banc
service; and
(b) has
the insurance cover required by the Motor
Traffic (Third-Party Insurance) (Jersey) Law 1948 for each motor vehicle to
be used to provide the service.
(3) The
Road
Traffic (Jersey) Law 1956, Motor
Traffic (Third-Party Insurance) (Jersey) Law 1948 and Motor
Traffic (Jersey) Law 1935 apply to the driving of a road train on a road
train track set aside in accordance with paragraph (1)(a) as they apply to
the driving of a motor vehicle on a road.
(4) For
the purpose of the Road
Traffic (Jersey) Law 1956 the speed limit for a road train on a road train
track is 10 miles an hour.
(5) The
Minister may establish as a cycle track a road train track set aside in
accordance with paragraph (1)(a).
(6) In
this Regulation “road train service” means a service that consists
of the carriage of passengers for hire or reward by a vehicle that consist of a
motor vehicle and one or more trailers constructed for the carriage of
passengers.
8 Authorized
persons
(1) A
park authority must issue each authorized person it appoints with an identity
card that –
(a) contains
the name of the authorized person; and
(b) states
that the person is an authorized person for the purposes of these Regulations.
(2) If
an authorized person believes that a person has committed an offence under
these Regulations the authorized person may, after showing his or her identity
card to the person, require the person to give his name and address.
(3) A
person who fails or refuses to comply with a requirement made under paragraph (2)
or who gives a false name or address shall be guilty of an offence and liable
to a fine of level 2 on the standard scale.
9 Holding
of events in parks
(1) The
park authority in respect of a park may close the park or any part of it to the
public at any time and –
(a) grant
the use of the park or the part of it to a person to hold an event, whether or
not for payment and subject to such conditions and restrictions as the
authority may determine; or
(b) use
the park or the part of it to hold an event.
(2) Admission
by the public to a park or any part of it closed to the public under paragraph (1),
may be made subject to the payment of an amount determined by –
(a) the
park authority; or
(b) with
the consent of the park authority, the person to whom the use of the park, or
part of it has been granted.
(3) The
park authority must ensure that adequate public notice is given of the closure
of the park or a part of it under this Regulation.
10 Application
of fines levied summarily
A fine for an offence
against any of these Regulations that is levied summarily by a Centenier in the
exercise of a power conferred on him or her by Article 1 of the Policing
of Roads, Parks and Sea Beaches (Application of Fines) (Jersey) Law 1957
shall be –
(a) awarded
for the benefit of the parish in which the offence was committed; and
(b) applied
by the parish towards the cost of maintaining the by-roads of the parish.[5]
11 Citation
These Regulations may be
cited as the Policing of Parks (Jersey) Regulations 2005.