WHEREAS it is enacted by sub-section (1) of Section 150 of the Road Traffic Act, 1933 (No. 11 of 1933), that the Commissioner of the Gárda Síochána may, with the consent of the Minister for Local Government and after consultation with the local authority concerned, make in respect of any specified area bye-laws for all or any of the purposes mentioned in that sub-section in relation to keeping or leaving mechanically propelled vehicles stationary in public places :

AND WHEREAS the Commissioner of the Gárda Síochána has, before making the bye-laws hereinafter set forth, consulted the Urban District Council of Tralee in regard thereto :—

NOW, I, MICHAEL J. KINNANE, Commissioner of the Gárda Síochána, in exercise of the powers conferred on me by sub-section (1) of section 150 of the Road Traffic Act, 1933 (No. 11 of 1933), and of every and any other power me in this behalf enabling, hereby, with the consent of the Minister for Local Government testified by his official seal affixed hereto, make the following bye-laws in respect of the area consisting of the Urban District of Tralee, that is to say:—

PART I.PRELIMINARY AND GENERAL.

1 Short title.

1. These bye-laws may be cited as the Tralee Traffic (Parking) Bye-Laws, 1947.

2 Interpretation.

2. The Interpretation Act, 1937 (No. 38 of 1937) applies to these bye-laws.

3 Definitions.

3.—(1) In these bye-laws—

the expression " the Act " means the Road Traffic Act, 1933 (No. 11 of 1933),

the word " vehicle " means a mechanically propelled vehicle.

the word " day-time " means the period beginning at 8.30 a.m, on any day and ending at 6.30 p.m. on the same day,

the word " night-time " means the period beginning at 6.30 p.m. on any day and ending at 8.30 a.m. on the next day,

the word " park " when used as a verb means to keep or leave a Vehicle (whether in charge or not in charge of any persons) stationary in a place which is a parking place by virtue of these bye-laws,

the expression " authorised sign " means any notice, mark, or other sign for the guidance of traffic which is placed at the side or on the surface of a roadway by the Council charged with the maintenance of such roadway, and any portable notice placed by the Commissioner of the Gárda on such roadway, or on a footway adjacent thereto,

the word " street " means a public road.

(2) Every mention in these bye-laws or in the Schedule to these bye-laws of the name of any street, bridge, or other place shall be construed as referring to the street, bridge, or other place (as the case may be) in the Urban District of Tralee which is known (whether by official naming or by popular usage) by that name.

(3) Every expression and word used in these bye-laws to which a particular meaning is given by section 3 of the Act shall, save as is otherwise provided by the first paragraph of this bye-law, have in these bye-laws the meaning given to it by the said section 3.

PART II.PARKING PLACES.

4 Appointment of parking places.

4.—(1) In the several streets named in the second column of the Schedule to these bye-laws, the place or each of the places delimited in the third column of the said Schedule opposite the name in the said second column of any such street shall be a parking place both in the day-time and in the night-time.

(2) Where a parking place delimited in the third column of the Schedule to these bye-laws includes a street junction at which a street enters the street containing such parking place on the side thereof on which such parking place is situate, the space between the prolongation into such parking place of the building lines on each side of such entering street together with the further space of fifteen feet on either side of the space aforesaid shall be deemed to be excluded from such parking place.

5 Position of vehicles in Parking Places.

5.—(1) For the purpose of these bye-laws a vehicle shall not be deemed to be parked in a parking place unless the whole of such vehicle is within the limits of such parking place as stated in the third column of the Schedule to these bye-laws and, in particular, no part of such vehicle projects into a space at a street junction which is deemed by these bye-laws to be excluded from such parking place.

(2) Every vehicle parked in a parking place shall be placed in the position specified in the fourth column of the Schedule to these bye-laws opposite the mention of such parking place in the third column of the Schedule, and no vehicle shall be deemed for the purposes of these bye-laws to be parked in such parking place unless it is placed therein in the said position so specified.

6 Provisions relating to parking in parking places in the Schedule.

6. The following provisions shall apply to the parking of vehicles in parking places mentioned in the Schedule to these bye-laws, that is to say :—

(a) no vehicle shall be parked in any such parking place for a continuous period ending in the day-time (whether it begins in the day-time or in the night-time) which exceeds the period stated in the fifth column of the Schedule to these bye-laws opposite the mention of such parking place in the third column of the said Schedule ;

(b) no vehicle shall be parked in any such parking place for a continuous period ending in the night-time (whether it begins in the night-time or the day-time) which exceeds the period stated in the sixth column of the Schedule to these bye-laws opposite the mention of such parking place in the Third column of the said Schedule ;

(c) a vehicle which has been parked in and removed from any such parking place shall not be again parked in that parking place within one hour after it was so removed therefrom.

7 General provisions relating to parking in parking places.

7. The following provisions shall apply to the parking of vehicles in a parking place mentioned in the Schedule to these bye-laws, that is to say :—

(a) no vehicle shall be so placed in any such parking place that any part of such vehicle or any attachment to such vehicle projects over the footway (if any) against or parallel to which it is so placed ;

(b) so soon as a vehicle has been duly placed in any such parking place, the driver of such vehicle shall stop the engine of such vehicle, and neither such driver nor any other person shall, while such vehicle is in such parking place, start or run such engine except for the purpose of removing such vehicle from or changing its position in such parking place ;

(c) no person shall overhaul or execute repairs to a vehicle while it is parked in any such parking place, except such repairs as may be necessary to enable such vehicle to be removed from such parking place ;

(d) neither the driver of nor any passenger in a vehicle which is parked in any such parking place shall make any unnecessary noise by means of or in relation to such vehicle or the engine or any fitting thereof ;

(e) the driver of a vehicle which is parked in or being brought into or removed from any such parking place shall comply with every (if any) authorised sign placed at such parking place in regard to the user thereof, and with all directions given to him by a member of the Gárda Síochána in relation to the parking of such vehicle in such parking place or the bringing it into, or removing it from such parking place.

8 Power to close a parking place in an emergency.

8.—(1) Notwithstanding anything contained in this Part of these bye-laws—

(a) a member of the Gárda Síochána not below the rank of Inspector may, on the occasion of any public procession or any other event which is likely to cause an unusual concourse of persons at or in the vicinity of a particular parking place or for any other reason applicable to a particular parking place and appearing to him to be good and sufficient, prohibit the parking of vehicles in such parking place during such period as shall, in his opinion be necessary for such reasons; and

(b) any member of the Gárda Síochána on duty at or in the vicinity of a parking place mentioned in the Schedule to these bye-laws may, whenever he thinks proper so to do because of a fire, flood, accident or other emergency, prohibit the parking of vehicles in such parking place.

(2) Whenever a member of the Gárda Síochána in exercise of a power conferred on him by this bye-law, prohibits the parking of vehicles in a parking place, such member may remove or cause to be removed from such parking place every vehicle which is in such parking place at the commencement of such prohibition or enters such parking place in contravention of such prohibition, and such member may so remove such vehicle or cause it to be removed, whether there is or is not any person present in charge of such vehicle.

9 Restrictions on the admission of vehicles to parking places.

9. No vehicle shall be parked in a parking place mentioned in the Schedule to these bye-laws for the purpose of the display of any advertisement by means of such vehicle, the sale of any goods in or from such vehicle, the offering of such vehicle for sale or hire, or for any other purpose save being parked for the convenience of the driver, owner, or other person in charge thereof.

10 Saving for vehicles loading or unloading, etc.

10. Nothing in these bye-laws shall prevent a vehicle being brought into or kept stationary in a parking place for the purpose of taking up or setting down passengers coming from or going to premises fronting such parking place or loading or unloading goods from or into any such premises.

GIVEN under my hand this 2nd day of September, 1947.

(Signed) MICHAEL J. KINNANE,

Commissioner of the Gárda Síochána.

WHEREAS in pursuance of section 8 of the Road Traffic Act, 1933 , the Commissioner has submitted the foregoing bye-laws to the Minister for Local Government; AND WHEREAS the provisions of subsections (1) and (5) of section 8 have been complied with in relation to the said bye-laws; NOW THEREFORE the Minister for Local Government in exercise of the power conferred on him by section 150 of the said Act hereby consents to the making of the said bye-laws.

GIVEN under the Official Seal of the Minister for Local Government this 31st day of October, One Thousand Nine Hundred and Forty-Seven.

(Signed) SEÁN MACENTEE,

Minister for Local Government.

SCHEDULE.

PARKING PLACES AVAILABLE DAY AND NIGHT.

Ref. No.	Name of Street	Limits of Parking Place	Position of Vehicles in Parking Place	Maximum Period of Parking
Day-time	Night-time
(1)	(2)	(3)	(4)	(5)	(6)
1	Denny Street	On east side of the roadway from the northern boundary wall of the Town Park to E.S.B. standard No. 15A.	With rear to the kerb and at an angle of about 45 degrees, facing north-west.	Six hours	Six hours
2	Denny Street	On west side of the roadway from the northern boundary wall of the Town Park to E.S.B. standard No. 15.	With rear to the kerb and at an angle of about 45 degrees, facing north-east.	Six hours	Six hours
3	Denny Street	On east side of the roadway to the east of the Ashe Memorial Hall, thence by the south side of the roadway to the south of the said Hall, and thence by the west side of the Hall, and thence by the west side of the roadway to the west of the said Hall, entrances to the Town Park to be kept clear.	With rear to the kerb and at an angle of about 45 degrees, facing in the direction of the flow of traffic.	Six hours	Six hours
4	Staughton's Row	On west side of the roadway from a point five yards north of the entrance to the Dominican Church to E.S.B. Standard No. 53.	With rear to the kerb and at an angle of about 45 degrees, facing north-east.	Six hours	Six hours