London Borough of Merton - bylaws for public walks, pleasure grounds and open spaces September 1992
Bylaws made by the council of the London Borough of Merton under section 164 of the Public Health Act 1875, Sections 12 and 15 of the Open Spaces Act 1906 and Section 15 of the Open Spaces Act 1906 with regard to public walks, pleasure grounds or open spaces.
Interpretation
1. In these bylaws: 'The council' means the London Borough of Merton. The 'pleasure ground' means the pleasure grounds listed in the attached Schedule 1.
2. An act necessary to the proper execution of his duty in the pleasure ground by an officer of the Council, or any act which is necessary to the proper execution of any contract with the Council shall not be an offence under these bylaws.
Opening and closing times
3. On any day on which a pleasure ground is open to the public, provided that the pleasure ground is fenced and has lockable gates, no person shall enter it before the time or enter or remain in it after the time appointed.
Walls and barriers
4. No person shall in the pleasure ground without reasonable excuse:
(i) Climb any wall or fence in or enclosing the pleasure ground, or any tree, or any barrier, railing or other erection.
(ii) Remove or displace any barrier, railing, post, or seat or any part of any erection or ornament, or any implement provided for the use in the laying out or maintenance of the pleasure ground.
Cattle, Sheep and Goats
5. No person shall except in pursuance of a lawful agreement with the Council or otherwise in the exercise of any lawful right or privilege, bring or cause to be brought into the pleasure ground any cattle, sheep, goats or pigs or any beast of draught or burden.
Vehicles
6. (i) No person shall, without reasonable excuse, ride or drive a cycle, motor cycle,, motor vehicle, or any lawful right or privilege, bring or cause to be brought into the pleasure ground any cattle, sheep, goats, or pigs or any beast of draught or burden.
(ii) If the council has set apart a space in the pleasure ground for use by vehicles of any class, the bylaw shall not prevent the riding or driving of those vehicles in the spaces so set apart, or on a route, indicated by signs places in conspicuous positions, between it and the entrance to the pleasure ground.
(iii) This bylaw will not extend to invalid carriages.
(iv) In this bylaw:
"Cycle" means a bicycle, a tricycle, or a cycle that have four or more wheels, not being in any case a motorcycle or motor vehicle.
"Invalid carriage" means a vehicle, whether mechanically propelled or not, the unladen weight of which does not exceed 150 kilograms, the width of which does not exceed 0.85 meters and which has been constructed or adapted for use.
"Motor cycle" means a mechanically propelled vehicle, not being an invalid carriage, with less than four wheels and the weight of which unladen does not exceed 410 kilograms;
"Motor vehicle" means a mechanically propelled vehicle, not being an invalid carriage, intended or adapted for use on the roads;
"Trailer" means a vehicle drawn by a motor vehicle and includes a caravan.
7. No person who brings a vehicle into the pleasure ground shall 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 shrub or plant:
(ii) any part of the pleasure ground where the Council by a notice board fixed or set up in some conspicuous position in the pleasure ground prohibit it being wheeled or stationed.
Grass and flower beds
8. No person shall 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 is exhibited;
Provided that such notice shall not apply to more than one fifth 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.
Plants
9. No person shall in the pleasure grounds remove any soil or plant.
Ornamental lakes, ponds, streams any other waters
10. No person shall in the pleasure ground:-
(i) Bathe, wade or wash in any ornamental lake, pond, stream or other water or areas set aside for toy boats:
Provided that this bylaw shall not be deemed to prohibit wading in any water which, by a notice set up in a conspicuous position near thereto, shall be set apart by the council for use as a paddling pool or a water activity area.
(ii) Without reasonable excuse foul or pollute any such water.
Fishing
11. No person shall without lawful excuse or authority in the pleasure ground kill, molest or intentionally disturb any animal or fish or engage in hunting, shooting or fishing or the setting of traps or nets or the laying of snares. This bylaw shall not prohibit any fishing, which may be authorised by the Council at Cannon Hill Common.
Fires
12. No person shall light a fire in the pleasure ground or place or throw or let fall a lighted match or any other thing so as to be likely to cause a fire. Provided that this bylaw shall not apply to any events held in pursuance of an agreement with the Council.
Games
13. Where the council set apart any such part of the pleasure ground as may be fixed by the Council, and described in the notice board affixed or set up in some conspicuous position in the pleasure grounds, for the purpose of any game specified in the notice board, which, by reason of the rules or manner of 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 parts of the pleasure ground play or take part in any game so specified in such a manner as to exclude persons not playing or taking part in the game from the use of such space.
14. 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 then 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 a 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
(v) Except where the exclusive use of the spaces has been granted by the Council for the playing of a match in which he/she is taking part, not use the space for a longer time than two hours continuously, if any other player or players make known their wish to use the space
15. No person shall 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.
Children's play equipment
16. No person who has attained the age of 14 shall use any apparatus in the pleasure ground which, by notice fixed on or near thereto, has been set apart for the exclusive use of persons under the age of 14.
Golf
17. No person shall in the pleasure ground, drive, chip or pitch a hard golf ball except on land set aside by the Council for use as a golf course, golf driving range, golf practice area, pitch and putt course or putting course.
Prohibition of games
18. No person shall play or take part in any game of cricket or football or any other organised ball game nor use a hard ball in any of the grounds known as Cannizaro Park, John Innes Park, Holland Gardens, Nelson Gardens and South Park Gardens.
Provided that this bylaw shall not prohibit the playing of tennis, netball, bowls and putting in the part of the grounds known as Holland Gardens and John Innes Park, which have been set aside for the purposes.
Model aircraft
19. (a) For the purpose of this bylaw "model aircraft" means an aircraft which either weighs not more than 5kg without its fuel or is for the time being exempted (as a model aircraft) from the provisions of the Air Navigation Order, and "power-driven" means driven by the combustion of petrol vapour or other combustible substances.
(b) No person shall -
(i) In the part of the pleasure ground so set apart release any power driven model aircraft for flight or control the flight of such an aircraft; or
(ii) Cause any such aircraft to take off or land in the path of the pleasure ground so set apart unless it is attached to a control line and is kept under effective control in the grounds and on the days and during the hours specified in the following table:
| Name of ground | Days | Hours |
|---|---|---|
| Cannon Hill Common | Monday to Saturdays Sundays | 10:00 - 21:00 10:00 - 21:30 |
| Figges Marsh | Mondays, Wednesday and Friday | 18:00 - 21:30 |
| Morden Park | Monday to Saturday Sunday | 10:00 - 21:00 10:00 - 13:00 |
| Three Kings Piece | Tuesdays and Thursdays Sundays except on the days when the ground is occupied for the purpose of the "Mitcham Fair". | 18:00 - 21:30 13:00 - 16:00 |
Dog prohibited areas
20. (i) No person (other than a registered blind person) in charge of a dog shall, without reasonable excuse, permit a dog to enter or remain in any of the areas listed in Schedule 2 and hereafter referred to as the "dog prohibited area";
(ii) Notice of the effect of this bylaw shall be given by signs displayed in conspicuous positions at the entrances to the dog prohibited area;
(iii) An officer of the Council or any Constable may require a person in charge of a dog which has entered a dog prohibited area to remove the dog
(iv) For the purpose of this bylaw the keeper of the dog shall be deemed in charge thereof, unless the Court is satisfied that at the time when the dog entered or remained in the dog prohibited area it had been placed in or taken into the charge of some other person; and
(v) In paragraph (iv) above "the keeper"
Obstruction
21. No person shall in the pleasure ground:
(a) Intentionally obstruct any officer or the Council in the proper execution of his duties;
(b) Intentionally obstruct any person carrying out an act which is necessary to the proper execution of any contract with the Council; or
(c) Intentionally obstruct any other person in the proper use of the pleasure grounds for annoyance to other persons in the pleasure ground
Penalty for offences
22. Every person who shall offend against any of these bylaws shall be liable on summary conviction to a fine not exceeding Level 2 on the Standard Scale.
Removal of offenders
23. Any person offending against any of these bylaws may be removed from the pleasure ground by any officer of the Council or any constable.
Revocation of bylaws
24. The bylaws with respect to pleasure grounds made by the council in the Twenty fourth day of April 1968, and confirmed by the Secretary of State on the Twenty seventh day of June 1968 and subsequently amended on the Twenty fourth day of July 1975 and the Eighteenth day of February 1983 are hereby revoked.