BYELAWS WITH RESPECT TO PLEASURE GROUNDS AND OPEN SPACES

Made under Section 164 of the Public Health Act 1875 by the Mayor Aldermen and Burgesses of the Borough of Shrewsbury acting by the Council of the Borough of Shrewsbury with respect to

PLEASURE GROUNDS AND OPEN SPACES

1. Throughout these byelaws the expression "the Council" means the Mayor Aldermen and Burgesses of the Borough of Shrewsbury and the expression "the pleasure ground" means each of the pleasure grounds in the Borough of Shrewsbury at or known as:  Abbey Gardens; Coleham Head Recreation Ground; All Saints Recreation Ground; Bicton Heath Recreation Ground; Burr's Field Recreation Ground; County Ground and Frankwell Recreation Ground; Fletcher's Square, Rydal Avenue; The Doctor's Field, The Mount; Greenfields Recreation Ground; Harlescott Meadows, Moston Road Recreation Ground; Harlescott Grange Recreation Ground; Racecourse, Monkmoor Recreation Ground; Mardol Quay; Reabrook Avenue Recreation Ground; St. Julian's Friars Recreation Ground; St. Michael's Street Recreation Ground; Silks Meadows Recreation Ground; Stanley Lane Recreation Ground; Meole Rise Recreation Ground; Meole Village Church Road Recreation Ground; Springfield Recreation Ground; Sundorne Recreation Ground; Conway Drive Telford Estate Children's Playground; Drayton Gardens, Sutton Farm Children's Playground; Whitemere Road, Mount Pleasant Children's Playground; Meole Brace Estate Children's Playground; Coleham Head Open Space; Sidney Avenue, Castlefields Open Space; New How, Bell Lane Recreation Ground; Burnside Recreation Ground, Meole Brace.
 
2. An act necessary to the proper execution of his duty in the pleasure ground by an officer of the Council or by any person or servant of any person employed by the Council, shall not be deemed an offence against these byelaws.

3. (a) Each of the pleasure grounds named in Part 1 of the schedule to these byelaws shall be opened at the hour of eight o'clock in the forenoon and shall be closed at the hour of nine o'clock in the afternoon or thirty minutes after sunset whichever shall be the earlier.
 (b) Each of the pleasure grounds named in Part II of the schedule to these byelaws shall be opened at the hour of nine o'clock in the forenoon and shall be closed at the hour of seven o'clock in the afternoon or thirty minutes after sunset whichever shall be the earlier.

 Provided always that his byelaw shall not be deemed to require the pleasure ground to be opened and closed at the hours herein-before prescribed on any day when, in pursuance of any statutory provision in that behalf, the Council close the pleasure ground to the public.

4. On any day on which any of the pleasure grounds named in the Schedule to these byelaws shall be open to the public a person shall not enter it before the time or enter or remain in it after the time appointed in the foregoing byelaw.

5.  A person shall not in the pleasure ground:-
(i) carelessly or negligently deface, injure or destroy any wall or fence in or enclosing the pleasure ground, or any building, barrier, railing post or seat or any erection or ornament;
(ii) climb any wall or fence enclosing the pleasure ground, or any tree or any barrier, railing, post or other erection except that this sub-paragraph shall not apply to any playground equipment erected for climbing by children under the age of fifteen years;
(iii) wilfully, carelessly, or negligently soil or defile any wall or fence in or enclosing the pleasure ground, or any building, barrier, railing post or seat, or any erection or ornament;
(iv) wilfully, carelessly, or negligently remove or displace any barrier, railing, post or seat; or any part of any erection or ornament, or any implement provided for use in the laying out or maintenance of the pleasure ground.

6.  A person shall not bring or cause to be brought into the pleasure ground any cattle, sheep, goats, or pigs, or any beast of draught or burden, unless in pursuance of any agreement with the Council, or otherwise in the exercise of any lawful right or privilege, he is authorised to do so.

7. (i) A person shall not except in the exercise of any lawful right or privilege bring or cause to be brought into the pleasure ground any barrow, truck, machine or a vehicle other than:-

(a) a wheeled bicycle, tricycle or other similar machine
(b) a wheel-chair, perambulator or chaise drawn or propelled by hand and used solely for the conveyance of a child or children or an invalid

Provided that where the Council set apart a space in the pleasure ground for the use of any class of vehicle, this byelaw shall not be deemed to prohibit the driving in or to that space by a direct route from the entrance to the pleasure ground of any vehicle of the class for which it is set apart.

(ii) A person who in accordance with the foregoing proviso brings a vehicle into the pleasure ground shall not drive the vehicle at such a speed or in such a manner as to cause or to be likely to cause danger to any person using the pleasure ground.

(iii) A person shall not except in the exercise of any lawful right or privilege ride any pedal driven bicycle, tricycle, or other similar machine in any part of the pleasure ground.

8.  A person who brings a vehicle into the pleasure ground shall not wheel or station it over or upon:-

(i) any flower bed, shrub, or plant, or any ground in course of preparation as a flower bed, or for the growth of any tree, shrub, or plant;
(ii) any part of the pleasure ground where the Council by a notice board affixed or set up in some conspicuous position in the pleasure ground prohibit its being wheeled or stationed.

9.  A person shall not affix any bill, placard, or notice, to or upon any wall or fence in or enclosing the pleasure ground, or to or upon any tree or plant, or to or upon any part of any building, barrier or railing, or of any seat, or of any other erection or ornament in the pleasure ground.

10. A person shall not in the pleasure ground, walk, run, stand, sit or lie upon:
(i) any grass, turf, or other place where adequate notice to keep off such grass, turf, or other place shall be placed.

Provided that such notice shall not apply to more than one sixth of the area of the pleasure ground.

(ii) any flower bed, shrub, or plant or any ground in course of preparation as a flower bed, or for the growth of any tree, shrub or plant.

11. A person shall not in the pleasure ground
(i) remove, cut, or displace any soil, turf or plant;
(ii) pluck any bud, blossom, flower, or leaf of any tree, shrub or plant

12. A person shall not wilfully, carelessly, or negligently throw or discharge in the pleasure ground any missile to the damage or danger of any person.

13. A person shall not in the pleasure ground
(i) bathe, wade, or wash in any ornamental lake, pond or stream;
(ii) wilfully, carelessly, or negligently foul or pollute any such water;
(iii) take, injure, or destroy, or attempt to take, injure, or destroy any fish in any such water, or wilfully disturb or worry any water fowl;
(iv) wilfully displace or disturb, injure or destroy any bird's nest or wilfully take, injure, or destroy any bird's egg;
(v) take, injure or destroy any bird, or spread or use any net, or set or use any snare or other engine, instrument, or means, for the taking, injury or destruction of any bird.

14. A person shall not cause or suffer any dog belonging to him or in his charge to enter or remain in the pleasure ground unless such dog be and continue to be under proper control and be effectually restrained from causing annoyance to any person and from worrying or disturbing any animal or waterfowl and from entering any ornamental water.

15. Where the Council set apart any such part of the pleasure ground as may be fixed by the Council, and described in a notice board affixed or set up in some conspicuous position in the pleasure ground, for the purpose of any game specified in the notice board, which, by reason of the rules or manner of playing or for the prevention of damage, danger or discomfort to any person in the pleasure ground may necessitate, at any time during the continuance of the game, the exclusive use by the player or players of any space in such part of the pleasure ground, a person shall not in any space elsewhere in the pleasure ground play or take part in any game so specified in such manner as to exclude persons not playing or taking part in the game from the use of such a space.

16. A person resorting to the pleasure ground and playing or taking part in any game for which the exclusive use of any space in the pleasure ground has been set apart shall
(i) not play on the space any game other than the game for which it is set apart
(ii) in preparing for playing and in playing, use reasonable care to prevent undue interference with the proper use of the pleasure ground by other persons;
(iii) when the space is already occupied by other players not begin to play thereon without their permission;
(iv) where the exclusive use of the space has been granted by the Council for the playing of a match, not play on that space later than a quarter of an hour before the time fixed for the beginning of the match unless he is taking part therein;
(v) except where the exclusive use of the space has been granted by the Council for the playing of a match in which he is taking part, not use the space for a longer time than two hours continuously, if any other player or players make known to him a wish to use the space.

17. A person shall not in any part of the pleasure ground which may have been set apart by the Council for any game play or take part in any game when the state of the ground or other cause makes it unfit for use and a notice is set up in some conspicuous position prohibiting play in that part of the pleasure ground.

18. A person shall not in the pleasure ground
(i) except as hereinafter provided erect any post, rail, fence, pole, tent, booth, stand, building, or other structure;

 Provided that this prohibition shall not apply where upon any application to the Council they grant permission to erect any post, rail, fence, pole, tent, booth, stand, building, or other structure, upon such occasion and for such purposes as are specified in the application.

(ii) beat, shake, sweep, brush or cleanse any carpet, drugget, rug, or mat or any other fabric retaining dust or dirt;
(iii) hang, spread, or deposit any linen or other fabric for drying or bleaching;
(iv) sell, or offer or expose for sale, or let to hire, or offer or expose for letting to hire, any commodity or article, unless, in pursuance of an agreement with the Council, or otherwise in the exercise of any lawful right or privilege, he is authorised to sell or let to hire in the pleasure ground such commodity or article.

19. A person shall not in the pleasure ground wilfully obstruct, disturb, interrupt, or annoy any other person in the proper use of the pleasure ground or wilfully obstruct, disturb, or interrupt any officer of the Council in the proper execution of his duty, or any person or servant of any person employed by the Council in the proper execution of any work in connection with laying out or maintenance of the pleasure ground.

20. A person shall not in the pleasure ground use any obscene language to the annoyance of any person.

21. A person who has attained the age of fifteen years shall not use any equipment in the pleasure ground which by a notice fixed on or set up near thereto has been set apart by the Council for the exclusive use of persons under that age.

22. A person shall not in the pleasure ground by operating or causing or suffering to be operated any wireless set gramophone amplifier or similar instrument make or cause or suffer to be made any noise which is so loud and so continuous or repeated as to give reasonable cause for annoyance to other persons using the pleasure ground,

23. A person shall not deliver any public address or lecture or hold or take part in any public discussion or any meeting for the purpose of making any political, religious or other demonstration or of the holding of any religious service in any part of the pleasure ground.

24. A person shall not except in pursuance of a lawful agreement with the Council or otherwise in the exercise of any lawful right or privilege light any fire on the pleasure ground.

25. A person shall not fly any power-driven model aircraft in the pleasure ground.

26. Where any part of the pleasure ground has, by a notice conspicuously exhibited in the pleasure ground, been set apart by the Council for the flying of power-drive model aircraft, a person shall not fly or permit any such model aircraft to fly in any other part of the pleasure ground.

27. A person shall not, in any part of the pleasure ground so set apart by the Council for the flying of power-drive model aircraft –
(a) fly any such jet propelled or rocket propelled model aircraft unless it is attached to a control line and is kept under effective control
(b) fly any such model aircraft except on the days and during the hours specified in the following table in respect of the pleasure ground

28. In these byelaws the expression "power-driven model aircraft" means any model aircraft driven by the combustion of petrol vapour or other combustible substances.

29. Every person who shall offend against any of these byelaws shall be liable on summary conviction to a fine not exceeding twenty pounds.

30. Every person who shall infringe any byelaw for the regulation of the pleasure ground may be removed therefrom by any officer of the Council or by any constable, in any one of the several cases hereinafter specified; that is to say:-

(i) Where the infraction of the byelaw is committed within the view of such officer or constable, and the name and residence of the person infringing the byelaw are unknown to and cannot be readily ascertained by such officer or constable.
(ii) Where the infraction of the byelaw is committed within the view of such officer or constable, and, from the nature of such infraction, or from any other fact of which such officer or constable may have knowledge, or of which he may be credibly informed, there may be reasonable ground for belief that the continuance in the pleasure ground of the person infringing the byelaw may result in another infraction of a byelaw, or that the removal of such person from the pleasure ground is otherwise necessary as a security for the proper use and regulation thereof.

Repeal of Byelaws

31. Except insofar as they relate to The Quarry the byelaws relating to the pleasure ground which were made by the Council on the 8th July 1955 and were confirmed by the Secretary of State on the 23rd September 1955 are hereby repealed.

SCHEDULE

Part 1

Abbey Gardens; Racecourse, Monkmoor Recreation Ground; ; St. Julian's Friars Recreation Ground; Springfield Recreation Ground; Sundorne Recreation Ground; Conway Drive Telford Estate Children's Playground; Drayton Gardens, Sutton Farm Children's Playground; Whitemere Road, Mount Pleasant Children's Playground; Meole Brace Estate Children's Playground; New How, Bell Lane Recreation Ground.

Part II

Coleham Head Recreation Ground; All Saints Recreation Ground