Arrangement of byelaws

The byelaw below relates to council open spaces. For information on other byelaws within the borough of Basingstoke and Deane please visit our Byelaws page.

Byelaws for pleasure grounds, public walks and open spaces

Part 1- General

1. General interpretation

In these byelaws:

• "the Council" means Basingstoke and Deane Borough Council
• "the ground" means any of the grounds listed in Schedule 1
• "designated area" means an area in the ground which is set aside for a specified purpose, that area and its purpose to be indicated by notices placed in a conspicuous position
• "invalid carriage" means a vehicle, whether mechanically propelled or not,

(a) the unladen weight of which does not exceed 150 kilograms,
(b) the width of which does not exceed 0.85 metres, and
(c) which has been constructed or adapted for use for the carriage of a person suffering from a disability, and used solely by such a person.

2. Application
These byelaws apply to all of the grounds listed in Schedule 1 unless otherwise stated.

3. Opening times
(1) No person shall enter or remain in the Walled Garden, Down Grange except during opening hours.

(2) "Opening hours" means the days and times during which the ground is open to the public and which are indicated by a notice placed in a conspicuous position at the entrance to the ground.

Part 2 - protection of the ground, its wildlife and the public

4. Protection of structures and plants
(1) No person shall without reasonable excuse remove from or displace within the ground:

(a) any barrier, post, seat or implement, or any part of a structure or ornament provided for use in the laying out or maintenance of the ground; or
(b) any stone, soil or turf or the whole or any part of any plant, shrub or tree.

(2) No person shall walk on or ride, drive or station a horse or any vehicle over:

(a) any flower bed, shrub or plant;
(b) any ground in the course of preparation as a flower bed or for the growth of any tree, shrub or plant; or
(c) any part of the ground set aside by the council for the renovation of turf or for other landscaping purposes and indicated by a notice conspicuously displayed.

5. Unauthorised erection of structures
No person shall without the consent of the Council erect any barrier, post, ride or swing, building or any other structure.

6. Climbing
No person shall without reasonable excuse climb any wall or fence in or enclosing the ground, or any tree, or any barrier, railing, post or other structure.

7. Grazing
No person shall without the consent of the Council turn out or permit any animal for which he is responsible to graze in the ground.

8. Protection of wildlife
No person shall kill, injure, take or disturb any animal, or engage in hunting or shooting or the setting of traps or the laying of snares.

9. Camping
No person shall without the consent of the Council erect a tent or use a vehicle, caravan or any other structure for the purpose of camping except in a designated area for camping.

10. Fires
(1) No person shall light a fire or place, throw or drop a lighted match or any other thing likely to cause a fire.
(2) Byelaw 10(1) shall not apply to:

(a) the lighting of a fire at any event for which the Council has given permission that fires may be lit;
(b) the lighting or use, in such a manner as to safeguard against damage or danger to any person, of a properly constructed camping stove, in a designated area for camping, or of a properly constructed barbecue, in a designated area for barbecues.

11. Missiles
No person shall throw or use any device to propel or discharge in the ground any object which is liable to cause injury to any other person.

12. Interference with life-saving equipment
No person shall except in case of emergency remove from or displace within the ground or otherwise tamper with any life-saving appliance provided by the council.

Part 3 - horses, cycles and vehicles

13. Interpretation of Part 3
In this Part:

• "designated route" means a route in or through the ground which is set aside for a specified purpose, its route and that purpose to be indicated by notices placed in a conspicuous position;
• "motor cycle" means a mechanically-propelled vehicle, not being an invalid carriage, with less than four wheels and the weight of which does not exceed 410 kilograms;
• "motor vehicle" means any mechanically-propelled vehicle other than a motor cycle or an invalid carriage;
• "trailer" means a vehicle drawn by a motor vehicle and includes a caravan.

14. Horses - Horse riding prohibited except in certain grounds (subject to bridleway, etc)
(1) No person shall ride a horse except:

(a) in Millennium Green, Whitchurch; or
(b) in the exercise of a lawful right or privilege.

(2) Where horse-riding is permitted in any ground by virtue of byelaw 14(1) (a) or a lawful right or privilege, no person shall ride a horse in such a manner as to cause danger to any other person.

15. Cycling
No person shall without either reasonable excuse or the consent of the Council ride a cycle in the ground except in any part of the ground where there is a right of way for cycles or on a designated route for cycling.

16. Motor vehicles
No person shall without either reasonable excuse or the consent of the Council bring into or drive in the ground a motor cycle, motor vehicle or trailer except in any part of the ground where there is a right of way for that class of vehicle.

17. Overnight parking
No person shall without the consent of the Council leave or cause or permit to be left any motor vehicle in the ground between the hours of 12 midnight and 6am.

Part 4 - play areas, games and sports

18. Interpretation of Part 4
In this Part:

• "ball games" means any game involving throwing, catching, kicking, batting or running with any ball or other object designed for throwing and catching, but does not include cricket;
• "golf course means any area within the ground set aside for the purposes of playing golf and includes any golf driving range, golf practice area or putting course;
• "self-propelled vehicle" means a vehicle other than a cycle, invalid carriage or pram which is propelled by the weight or force of one or more persons skating, sliding or riding on the vehicle or by one or more persons pulling or pushing the vehicle.

19. Children’s play areas
(1) No person aged 12 years or over shall enter or remain in a designated area which is a children’s play area unless in charge of a child under the age of 12 years.

(2) Byelaw 19(1) applies to the grounds listed in Part I of Schedule 2.

20. Children’s play apparatus
(1) No person aged 12 years or over shall use any apparatus stated to be for the exclusive use of persons under the age of 12 years by a notice conspicuously displayed on or near the apparatus.

(2) Byelaw 20(1) applies to grounds listed in Part 2 of Schedule 2.

21. Skateboarding, etc - Skateboarding, etc permitted only in designated area
(1) No person shall skate, slide or ride on rollers, skateboards or other self-propelled vehicles except in a designated area for such activities.

(2) Where there is a designated area for skating, sliding or riding on rollers, skateboards or other self-propelled vehicles, no person shall engage in those activities in such a manner as to cause danger or give reasonable grounds for annoyance to other persons.

22. Ball games - Prohibition of ball games in some grounds
No person shall play ball games in the grounds listed in Part 3 of Schedule 2.

23. In any ground where ball games are permitted no person shall play ball games in such a manner:
(a) as to exclude persons not playing ball games from use of that part;
(b) as to cause danger or give reasonable grounds for annoyance to any other person in the ground; or
(c) which is likely to cause damage to any tree, shrub or plant in the ground.

24. Archery
No person shall engage in the sport of archery except in connection with an event organised by or held with the consent of the Council.

25. Field sports
No person shall throw or put any javelin, hammer, discus or shot except in connection with an event organised by or held with the consent of the Council or on land set aside by the Council for that purpose.

26. Golf
No person shall drive, chip or pitch a hard golf ball except on the golf course in West Ham Park.

Part 5 - waterways

27. Interpretation of Part 5
In this Part:

• "boat" means any yacht, motor boat or similar craft but not a model or toy boat;
• "power-driven" means driven by the combustion of petrol vapour or other combustible substances;
• "waterway" means any river, lake, pool or other body of water and includes any fountain.

28. Bathing
No person shall without reasonable excuse bathe or swim in any waterway except in a designated area for bathing and swimming.

Byelaw 28(1) applies to the grounds listed in Part 4 of Schedule 2.

29. Ice skating
No person shall step onto or otherwise place their weight upon any frozen waterway.

30. Model boats
No person shall operate a power-driven model boat on any waterway except in a designated area for model boats in Eastrop Park.

31. Boats - To prohibit use of boats etc, without permission
No person shall sail or operate any boat, dinghy, canoe, sailboard or inflatable on any waterway without the consent of the Council.

32. Fishing
No person shall in any waterway cast a net or line for the purpose of catching fish or other animals.

33. Pollution
No person shall foul or pollute any waterway.

34. Blocking of watercourses
No person shall cause or permit the flow of any drain or watercourse in the ground to be obstructed or diverted, or open shut or otherwise move or operate any sluice or similar apparatus.

Part 6 - model aircraft

35. Interpretation of Part 6
In this Part:

• "model aircraft" means an aircraft which weighs not more than 7 kilograms without its fuel;
• "power-driven" means driven by:

(a) the combustion of petrol vapour or other combustible substances;
(b) jet propulsion or by means of a rocket, other than by means of a small reaction motor powered by a solid fuel pellet not exceeding 2.54 centimetres in length; or
(c) one or more electric motors or by compressed gas.

• "radio control" means control by a radio signal from a wireless transmitter or similar device.
  

36. Model aircraft - General prohibition
No person shall cause any power-driven model aircraft to:

(a) take off or otherwise be released for flight or control the flight of such an aircraft in the ground; or

(b) land in the ground without reasonable excuse.

Part 7 - other regulated activities

37. Provision of services
No person shall without the consent of the Council provide or offer to provide any service for which a charge is made.

38. Excessive noise
(1) No person shall, after being requested to desist by any other person in the ground, make or permit to be made any noise which is so loud or so continuous or repeated as to give reasonable cause for annoyance to other persons in the ground by:

(a) shouting or singing;
(b) playing on a musical instrument; or
(c) by operating or permitting to be operated any radio, amplifier, tape recorder or similar device.

(2) Byelaw 38(1) does not apply to any person holding or taking part in any entertainment held with the consent of the Council.

39. Public shows and performances
No person shall without the consent of the Council hold or take part in any public show or performance.

40. Aircraft, hang-gliders and hot air balloons
No person shall except in case of emergency or with the consent of the Council take off from or land in the ground in an aircraft, helicopter, hang glider or hot air balloon.

41. Kites
No person shall fly any kite in such a manner as to cause danger or give reasonable grounds for annoyance to any other person.

42. Metal detectors
No person shall without the consent of the Council use any device designed or adapted for detecting or locating any metal or mineral in the ground.

Part 8 - miscellaneous

43. Obstruction
No person shall obstruct:

(a) any officer of the Council in the proper execution of his duties;
(b) any person carrying out an act which is necessary to the proper execution of any contract with the Council; or
(c) any other person in the proper use of the ground.

44. Savings
(1) It shall not be an offence under these byelaws for an officer of the Council or any person acting in accordance with a contract with the Council to do anything necessary to the proper execution of his duty.

(2) Nothing in or done under these byelaws shall in any respect prejudice or injuriously affect any public right of way through the ground, or the rights of any person acting lawfully by virtue of some estate, right or interest in, over or affecting the ground or any part of the ground.

45. Removal of offenders
Any person offending against any of these byelaws may be removed from the ground by an officer of the Council or a constable.

46. Penalty
Any person offending against any of these byelaws shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

47. Revocation
(1) Byelaw numbers 3 to 19 and 22 to 24 made by Basingstoke and Deane Borough Council on 28 June 1984 and confirmed by the Secretary of State for the Home Department on 29 August 1984 relating to the ground are hereby revoked.

(2) Byelaws made by Basingstoke and Deane Borough Council on 1 October 2003 and confirmed by the Secretary of State for the Office of the Deputy Prime Minister on 17 November 2003 relating to the War Memorial Park are hereby revoked

Schedules

Schedule 1

Ground to which byelaws apply - generally

The grounds referred to in byelaw 2 are:

Schedule 2

Grounds referred to in certain byelaws

Part 1 - Children's play area (byelaw 19)

Part 2 - Children’s play apparatus (byelaw 20)

Part 3 - Ball games (byelaw 22)

1. Church Square

(a) Remembrance Gardens

(b) Aromatic Gardens

2. The Walled Garden, Down Grange

Part 4 - Bathing (byelaw 28)

1. Eastrop Park

2. Chineham Park