PROTECTION OF PUBLIC LAND (G}ARB LOCAL COUNCIL) BYE-LAWS

PROTECTION OF PUBLIC LAND

(G}ARB LOCAL COUNCIL)

SUBSIDIARY LEGISLATION 363.73

PROTECTION OF PUBLIC LAND

(G}ARB LOCAL COUNCIL) BYE-LAWS

12th July, 2001

LOCAL COUNCIL BYE-LAW 23/11/2001, as amended by Legal Notice

425 of 2007.

The title of these Bye-Laws is the Protection of Public

Land (G]arb Local Council) Bye-Laws.

In these Bye-laws unless the context otherwise requires

"Act" means the Local Government Act;

"bicycle" means a bicycle of any size which is propelled by

means of pedals, irrespective of the number of wheels it has, and

includes a tricycle;

"Council" means the G]arb Local Council;

"fixtures" means a bench, boundary wall, pole, sign, notice

board, apparatus, barricade, chair, facilities intended for the

recreation of children, and any ornament, structure or thing fixed or

placed on public land;

"locality" means the G]arb Local Council;

"public land" means any space open to the public within the

boundaries of the locality of G]arb that falls under the authority

and administration of the Council according to the provisions of the

Act and includes a public garden, small public garden, centre-strip,

road, pavement, pathway and any other open space intended for use

or recreation by the public.

No person shall remove or place elsewhere any fixture,

unless so authorised by the Council, or make wrong use, or cause

damage to, or in any other way tamper with fixtures placed or

constructed on public land.

No person shall -

(a) commit acts of vandalism or in any other way cause

damage to the fixtures; or

(b) commit acts of vandalism or in any other way cause

damage to trees, plants and flowers that are planted on

public land; or

(c) if over the age of fourteen years, use swings and other

fixtures intended for the recreation of children; or

(d) use a bicycle in that part of the public land which is

marked by means of signs put up by the Council

indicating that no bicycles are permitted there; or

(e) remove or place elsewhere, without the written

authority of the Council, any fixtures or other objects

situated on public land; or

PROTECTION OF PUBLIC LAND

(G}ARB LOCAL COUNCIL)

(f)

cut flowers, plants, trees and other vegetation that are

on public land.

Without prejudice to any other action that may be taken by

virtue of these Bye-Laws, any person who is in breach of these

Bye-Laws may be expelled from the public land by a police officer

or a community officer.

Any person who contravenes or fails to comply with any of

t h e pr o vi s i o ns o f t he s e B y e - L a w s sh a l l b e d e e m e d to ha ve

committed a contravention, and shall, on conviction, be liable,

unless a higher penalty is applicable under any other law -

6.1.1 for a first contravention to a fine (ammenda) of forty-

six euro and fifty-nine cents (€46.59);

6.1.2 for a second or subsequent contravention to a fine

(ammenda) of sixty-nine euro and eighty-eight cents

(€69.88); and

6.1.3 in the case of a continuing contravention, to a fine

(ammenda) of eleven euro and sixty-five cents

(€11.65) for each day that the contravention

continues.

The imposition of a penalty under this bye-law shall be

without prejudice to the right of the Council to recover any civil

damages caused by the commission of any contravention under

these Bye-Laws, including the right to carry out the repairs at the

expense of the guilty person.