Policing of Parks
(Jersey) Regulations 2005
Made 1st November 2005
Coming into force 8th
November 2005
THE STATES, in exercise of the powers conferred on them by Order in Council of 26th
December 1851,[1] Article 49 of the Road Traffic (Jersey)
Law 1956[2] and the Policing of Roads, Parks and Sea
Beaches (Application of Fines) (Jersey) Law 1957,[3] have made the following
Regulations –
1 Interpretation
(1) In
these Regulations –
“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;
“Committee” means the Environment and Public Services Committee;
“cycle track”, “motor vehicle” and “pedal cycle”
have the meanings assigned to those expressions by the Road Traffic (Jersey) Law 1956;
“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
Education, Sports and Culture Committee;
(b) in
the case of any other park owned or administered by the States, the Environment
and Public Services Committee; 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.
(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 not exceeding 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 not exceeding 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.[4]
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
blind person in charge of a guide dog may take the dog into a park.
(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 not exceeding 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
14, 14B, 15, 16, 16F, 18, 24, 25, 26, 27 and 36 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
Committee 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
Committee must not authorize a person to provide a road train service in
accordance with paragraph (1)(b) unless it 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[5] 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[6] 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
Committee 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 not exceeding 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 offences against any of these Regulations that is
levied summarily by a Connétable or 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.
11 Repeal
The following Regulations are repealed –
(a) Policing of Parks (Jersey) Regulations 1962;[7]
(b) Policing of Parks (Amendment) (Jersey)
Regulations 1966;[8]
(c) Policing of Parks (Amendment No. 2) (Jersey)
Regulations 1979;[9]
(d) Policing of Parks (Amendment No. 3) (Jersey)
Regulations 1982;[10]
(e) Policing of Parks (Amendment No.4) (Jersey)
Regulations 1984;[11]
(f) Policing of Parks (Amendment No. 5) (Jersey)
Regulations 1989;[12]
(g) Policing of Parks (Amendment No. 6) (Jersey)
Regulations 1990;[13]
(h) Policing of Parks (Amendment No. 7) (Jersey)
Regulations 1990;[14]
(i) Policing of Parks (Amendment No. 8) (Jersey)
Regulations 1992;[15]
(j) Policing of Parks (Amendment No. 9) (Jersey)
Regulations 1993;[16]
(k) Policing of Parks (Amendment No. 10) (Jersey)
Regulations 1995;[17]
(l) Policing of Parks (Amendment No. 11) (Jersey)
Regulations 1995;[18]
(m) Policing of Parks (Amendment No. 12) (Jersey)
Regulations 1997;[19]
(n) Policing of Parks (Amendment No. 13) (Jersey)
Regulations 1998;[20]
(o) Policing of Parks (Amendment No. 14) (Jersey)
Regulations 2003.[21]
12 Citation and
commencement
(1) These
Regulations may be cited as the Policing of Parks (Jersey) Regulations 2005.
(2) They
shall come into force on the seventh day after they are made.
a.h. harris
Deputy Greffier of the States.