Item 12 - Appendix 1
West Dunbartonshire Council · 22 May 2024
Back to Infrastructure, Regeneration & Economic Development Committee — 22 May 2024 and its agenda
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MANAGEMENT RULES FOR PARKS AND GREENSPACE West Dunbartonshire Council in exercise of the powers conferred on them by Section 112 of the Civic Government (Scotland) Act 1982 hereby make and enact the following Management Rules for the Council’s parks, gardens and open spaces. The Management Rules are in place to help us ensure that everyone has an opportunity to enjoy our open spaces and that everyone is treated fairly, part of this is to ensure that people’s behaviour in the park does not negatively impact upon others. Interpretation Throughout these Management Rules the following words have the meanings given to them:- “Council” means West Dunbartonshire Council; “Park” means any land or premises provided, owned, leased, occupied or managed by the Council within West Dunbartonshire and used as a recreation ground, public playground, public open space, public path or path network, walkways, woodland or wildlife sites, ornamental or pleasure ground or gardens and all buildings and works connected therewith; “Council Official” means an employee of the Council or of West Dunbartonshire Leisure, or any person authorised by the Council to enforce these Rules; “Notice” means a duly authorised Notice posted at or near the place to which it refers; and “Access Code” means the Scottish Outdoor Access Code – in terms of the Land Reform (Scotland) Act 2003. Summary Any person who appears to be breaking, has broken, or is about to break, any of the Management Rules may be asked by a Council Official to leave the Park. In the event that such person refuses to leave, the Council Official may take action under Rule 8 and may, if necessary, seek assistance from the Police, as required. • Every person entering the Park shall comply with any reasonable direction or request of a Council Official. • No person shall wilfully obstruct, interrupt, verbally insult or annoy employees or agents of the Council in carrying out their duties in the Park. ITEM 12 - APPENDIX 1
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• Any written permission required by the Management Rules must be shown on request to a Council Official. • The Council may decide to waive any particular Management Rule at any time. 1. General The following acts are prohibited:- 1.1 Behaviour which causes (or in the opinion of a Council Official is likely to cause) annoyance, offence, alarm or distress to any other Park user. 1.2 Any wilful or careless act which damages, or might potentially cause damage, or removes any artefact, plant, tree, shrub, building, structure, equipment, furniture or fitting. 1.3 Depositing litter except in litter bins provided for the purpose. 1.4 Pursuing any activity which endangers (or in the opinion of a Council Official is likely to endanger) any person, animal or property. 1.5 Releasing sky lanterns, also known as Chinese lanterns. 1.6 Fishing in any water course without a permit. 1.7 Depositing or leaving any substance or article which is likely (in the opinion of a Council Official) to cause injury or damage to any person, animal or property. 1.8 No person under the influence of alcohol, drugs or solvents (in the opinion of a Council Official) shall be allowed to enter or be in the Park. 1.9 Playing music in whatever medium to the annoyance of other Park users and adjacent properties and any such person shall comply with instructions from a Council Official to lower the volume or to cease to play such music. 1.10 Golf practice is prohibited. 1.11 Enter any building to which access is excluded by notice marked “Private” or “Closed” or otherwise. 1.12 Smoking in any playground or any other place where a notice prohibits smoking.
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The following acts are prohibited unless the Council’s written permission has been obtained first:- 1.13 The distribution of any bill, placard, notice or other printed paper or document, or place upon or affix to any of the buildings, notice boards, trees, walls or railings of the Park, any bill, placard, notice, document or memorabilia. 1.14 The consumption of alcoholic liquor and that only in accordance with the West Dunbartonshire Council Byelaw prohibiting the consumption of alcoholic liquor in designated public places. 1.15 Being in possession of a container of alcoholic liquor having failed to remove said container from the Park or dispose of said container on the request of a Council Official. Any liquid found in a container shall be presumed to conform to the description of the liquid on the container. 1.16 Entering into or wilfully remaining in the Park when it is closed to the public. 1.17 Selling, hiring or offering for sale or hire any items or goods or services. 1.18 Displaying or handing out advertisements, conducting surveys or giving any displays or performances. 1.19 Begging, busking or collecting money, gifts or subscriptions for any purpose whatsoever. 1.20 Engaging in any commercial activity whatsoever (including, without limitation, dog walking services, photography, filming and fitness training services), without prior registration or permission with the Council. 1.21 Metal detecting (a permit will only be granted if the user is a member of the National Council for Metal Detecting). 1.22 Setting off or discharging any firework or lighting any fire. 2. Opening/Closing Times The Park, or any part thereof, may be closed as and when the Council considers closure necessary or expedient. All visitors must vacate the Park by the designated closing time. The Council may for any special purpose use the Park, or any part thereof, or may grant the use of it, or any part thereof, to any persons for such a period as the Council considers fit. No unauthorised persons shall enter or remain in the Park, or part thereof, when it is closed to the public. The Park shall be opened during such hours as may from time to time be intimated by Notice, subject to the Council’s right to alter same at any time.
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3. Animals The following acts are prohibited:- 3.1 Allowing a dog to enter into or onto a children’s play area or any area of the Park that is designated as a ‘dog free area’. 3.2 Allowing a dog to foul in the Park unless the person in charge of the dog immediately removes the fouling (within the provisions of the Dog Fouling (Scotland) Act 2003). 3.3 Failing to keep a dog under close control in the Park, with the exception of woodland and wildlife sites where a dog should be kept on a short lead. A dog should also be kept on a short lead when near young farm animals and at bird nesting time (April - July). 3.4 Allowing a dog to cause annoyance, offence, alarm, distress or worry to any other person, animal or bird in the Park. 3.5 Allowing a dog onto sports pitches. 3.6 Leading, riding, training or exercising a horse in a manner which falls short of the responsibilities in the Access Code. 3.7 Displacing, disturbing, ill-treating, injuring, taking or destroying any animal, bird nest or egg. 4. BBQs, Fire and Camping The following acts are prohibited:- 4.1 Lighting barbecues outwith designated barbecue sites, where these are provided, or in a manner likely to burn or scorch the ground, trees or Park furniture or fittings, or cause danger or nuisance to other Park users, animals or neighbouring residents. 4.2 Failing to remove litter associated with BBQs and picnics. The following acts are prohibited unless the Council’s written permission has been obtained first:- 4.3 Lighting an open fire in the Park. 4.4 Camping within the Park.
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5. Cycling The following acts are prohibited:- 5.1 Cycling in a manner which falls short of the responsibilities in the Access Code. 5.2 Cycling off the paths in woodland and other areas sensitive to environmental damage. 6. Motor Vehicles The following acts are prohibited unless the Council’s written permission has been obtained first:- 6.1 Driving or using or leaving any car, motorbike, quad bike, mini moto, or other vehicle, or parking a caravan, except on roads and in car parks provided by the Council for cars and vehicles. This rule does not apply to Council employees acting properly in the course of their duties, to prams and wheelchairs, powered or manual, used for carrying children or people with a disability, mobility scooters or vehicles lawfully displaying a Blue Badge, or emergency vehicles. 6.2 Overnight parking of any vehicle and/or caravan. The following acts are prohibited:- 6.3 Operating any motorised or mechanically propelled toy or model vehicle, aircraft, drone or boat so as to disturb wildlife, endanger or give annoyance to other people or if asked by a Council Official not to do so. 7. Events and Other Activities The following acts are prohibited in the Park unless the Council’s written permission has been obtained first:- 7.1 Holding an event, performance, musical concert, speech, lecture, ceremony, demonstration, exhibition or public meeting. 7.2 Playing any organised game or sport on pitches provided by the Council.
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8. Expulsion and Exclusion from Parks 8.1 Where a Council Official has reasonable grounds for believing that a person has contravened, is contravening, or is about to contravene, any of the Management Rules, they may expel that person from the Park. 8.2 Where a person has persistently contravened, or attempted to contravene, any of the Management Rules and in the Council’s opinion is likely to contravene them again, the Council may decide to make that person subject to an Exclusion Order in terms of Section 117 of the Civic Government (Scotland) Act 1982. 8.3 If any person who is expelled or excluded from the Park fails to leave or re-enters the Park, they shall be guilty of an offence and liable, on summary conviction, to a fine in terms of Section 118 of the Civic Government (Scotland) Act 1982. 9. Appeal 9.1 An Exclusion Order made under Rule 8.2 shall take effect on such date as the Council may decide, being not less than 14 days after the decision to make that person subject to an Exclusion Order. A person who has been made subject to an Exclusion Order:- i) shall be entitled to written notice of the decision to make the Exclusion Order, containing a statement of the reasons for that decision; and ii) shall be entitled to make written or oral representations to the Council at any time up to the time that the Order would have taken effect but for the representation being made.