Policing of Parks (Jersey) Regulations 2005

Revised Edition

22.600.50

Showing the law as at 1 January 2017

This is a revised edition of the law




Policing of Parks (Jersey) Regulations 2005

THE STATES, in exercise of the powers conferred on them by Order in Council of 26th December 1851[1], Article 92 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 –

Commencement [see endnotes]

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[4], 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[5];

“Minister” means the Minister for Infrastructure;[6]

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[7];

(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.[8]

(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[9].

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.[10]

(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[11] 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[12] 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[13] 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[14] 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.[15]

11      Citation

These Regulations may be cited as the Policing of Parks (Jersey) Regulations 2005.

 


SCHEDULE[16]

(Regulation 2)

areas designated as parks

 

 

Embedded Image

PART 1

PART 2

PART 3

PART 4

PART 5

 

 


PART 1

Part 1 - map of First Tower Park


Map of FB (Florence Boot) Playing Fields


 

Map of Grainville Playing Fields


 

Map of Les Quennevais Playing Fields


 

Map of Liberation Square & the Weighbridge


 

Part 1 - Map of Millennium Town Park


 

Part 1 - map of Parade Gardens


 

Part 1 - map of South Hill & Mount Bingham Gardens and La Collette Gardens

 


 

Map of St. Martin


 

Part 1 - map of Westmount Gardens, Lower Park, People


 

Part 1 - map of Vallee des Vaux Gardens


PART 2

Part 2 - map of Coronation Park


 

Part 2 - map of the public gardens at Gorey


 

Part 2 - map of Harvey Memorial Gardens


Embedded Image

Part 2 - map of Sir Winston Churchill Memorial Park and Seafront gardens at St. Brelade


PART 3

Part 3 - map of Beauport Headland


 

Part 3 - map of Castle Green Gardens, Gorey


The Corbière Walk – Plan 1

Part 3 - map of the Corbiere Walk - plan 1


The Corbière Walk – Plan 2

Part 3 - map of the Corbiere Walk - plan 2


 

Part 3 - map of Le Cotil du Grouin


 

Part 3 - map of Glacis Field


 

Part 3 - map of Ouaisne


 

Part 3 - map of Le Parc de la Petite Falaise


 

Part 3 - map of Portelet


 

Part 3 - map of public land on La Route du Nord


 

Part 3 - map of Sorel headland


Promenade and gardens from St. Helier to St. Aubin – Plan 1

Part 3 - map of the promenade and gardens from St. Helier to St. Aubin - plan 1


Promenade and gardens from St. Helier to St. Aubin – Plan 2

Part 3 - map of the promenade and gardens from St. Helier to St. Aubin - plan 2


part 4

Part 4 - map of Beaumont Perquage


 

Part 4 - map of Les Landes du Ouest


Les Mielles – Plan 1

Part 4 - map of Les Mielles - plan 1


Les Mielles – Plan 2

Part 4 - map of Les Mielles - plan 2


 

Part 4 - map of Les Landes


 

Part 4 - map of Les Creux Millennium Country Park


 

Part 4 - map of Noirmont


Promenade and gardens from St. Helier to St. Aubin – Beach access

Part 4 - map of promenade and gardens from St. Helier to St. Aubin - beach access


 

Part 4 - map of La Reste du Cotil des Vaux - Egypte


PART 5

Embedded Image

Part 5 - map of Howard Davis Park


 

Part 5 - map of Patier Park


 

Part 5 - map of Springfield Sports Ground

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Policing of Parks (Jersey) Regulations 2005

R&O.165/2005

8 November 2005

Policing of Parks (Amendment) (Jersey) Regulations 2008

R&O.131/2008

28 October 2008

Policing of Parks (Amendment No. 2) (Jersey) Regulations 2010

R&O.112/2010

23 November 2010

Policing of Parks (Amendment No. 3) (Jersey) Regulations 2011

R&O.142/2011

1 November 2011

Policing of Parks (Amendment No. 4) (Jersey) Regulations 2012

R&O.61/2012

8 May 2012

Policing of Parks (Amendment No. 5) (Jersey) Regulations 2013

R&O.62/2013

8 May 2013

Connétables (Miscellaneous Provisions – Consequential Amendments) (Jersey) Regulations 2014

R&O.81/2014

1 August 2014 (R&O.80/2014)

States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers) (Jersey) Regulations 2015

R&O.158/2015

1 January 2016

Policing of Parks (Amendment No. 6) (Jersey) Regulations 2016

R&O.96/2016

20 September 2016

Table of Renumbered Provisions

Original

Current

11

Spent, omitted

12(1)

12

12(2)

Spent, omitted

Table of Endnote References



[1]                                    chapter 23.350

[2]                                    chapter 25.550

[3]                                    chapter 22.600

[4]                                    chapter 20.600

[5]                                    chapter 25.550

[6]                                    The functions of the Environment and Public Services Committee under these Regulations were transferred to the Minister for Transport and Technical Services by the States of Jersey (Transfer of Functions from Committees to Ministers) (Jersey) Regulations 2005 (chapter 16.800.30)

[7]                                    The functions of the Committee for Education, Sports and Culture were transferred to the Minister for Education, Sport and Culture by the States of Jersey (Transfer of Functions from Committees to Ministers) (Jersey) Regulations 2005 (chapter 16.800.30)

[8] Regulation 1(1)      amended by R&O.61/2012, R&O.158/2015

[9]                                    chapter 25.550.40

[10] Regulation 5(2)     substituted by R&O.61/2012

[11]                                   chapter 25.550

[12]                                   chapter 25.200

[13]                                   chapter 25.250

[14]                                   chapter 22.600

[15] Regulation 10        amended by R&O.81/2014

[16] Schedule                 amended by R&O.131/2008, R&O.112/2010, R&O.142/2011, R&O.62/2013, R&O.96/2016


Page Last Updated: 30 Apr 2019