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.