S.I. No. 234/1971 - Bourn Vincent Memorial Park


S.I. No. 234 of 1971.

BOURN VINCENT MEMORIAL PARK

BYE-LAWS MADE BY THE COMMISSIONERS OF PUBLIC WORKS IN IRELAND (WITH THE APPROVAL OF THE MINISTER FOR FINANCE) BY VIRTUE OF THE POWERS CONFERRED ON THE SAID COMMISSIONERS UNDER THE BOURN VINCENT MEMORIAL PARK ACT, 1932 .

1 Definitions

1. In these Bye-Laws:—

the expression "the Park" means the Bourn Vincent Memorial Park in the County of Kerry;

the words "the Commissioners" mean the Commissioners of Public Works in Ireland;

the expression "park constable" means a person appointed by the Commissioners under the Bourn Vincent Memorial Park Act (No. 31 of 1932) to be a park constable;

the expression "the Demesne Section of the Park" means that area of the Park between the main Killarney-Kenmare Road and Muckross Lake and Lough Leane and it shall also be deemed to include the car park opposite the main gate.

2 Opening and Closing Hours

2. The gates to the Demesne Section of the Park shall be open on such days and during such hours as shall be fixed by the Commissioners from time to time. The opening and closing hours will be subject to variation by the Commissioners as circumstances may require.

No vehicle shall remain in the Demesne Section of the Park after the prescribed hours of closing save with the permission of the Commissioners.

3 Vehicular Traffic

3. (1) Save with the permission in writing of the Commissioners no vehicle other than a pedal cycle or a horse-drawn vehicle shall be admitted to the Demesne Section of the Park by the Main Gate or the Muckross Abbey Gate except motor vehicles in a funeral to Muckross Abbey.

(2) Jaunting cars shall not enter the Demesne Section of the Park other than by the Main Gate or the Muckross Abbey Gate.

(3) Vehicles entering the Demesne Section of the Park by the Main Gate or the Muckross Abbey Gate shall leave by Dinis or Torc Gates, except motor vehicles in a funeral to Muckross Abbey which shall leave the Park by the Muckross Abbey Gate.

(4) Motor vehicles entering the Demesne Section of the Park by the Muckross House Gate shall not proceed beyond the parking place at Muckross House and shall leave by the Muckross House Gate.

(5) Drivers in the Park shall comply with the provisions of these bye-laws, and shall conform to such orders, verbal or written, for the regulation of traffic in the Park, as may be given by any member of the Garda Síochána, by the Park Superintendent or any Park Constable or contained in any notice by the Commissioners exhibited in the Park.

(6) No vehicle shall remain stationary on any road in the Park except at such places thereon as the Commissioners shall authorise and shall specify in a sign exhibited at such places.

(7) No vehicle shall be driven on or across the grass in the Park except during such times and at such places as the Commissioners shall authorise and shall specify in notices exhibited at such places.

(8) No bicycle, tricycle or other vehicle shall be ridden or driven at any time on or across any footpath in the Demesne Section of the Park.

(9) No jaunting car or other horse-drawn vehicle engaged in the carriage of passengers for reward shall enter the Demesne Section of the Park unless the vehicle has been duly licensed by the Commissioners for operation in the Park and the driver is in possession of a driver's permit from the Commissioners.

(10) The following roads are one way roads:—Main Gate to Dinis exit; Muckross Abbey Gate to Muckross Abbey and Muckross House to Torc exit. No vehicle shall proceed in a contrary direction on any of these roads; neither shall any vehicle enter the Demesne Section of the Park by the Dinis or Torc exits.

4 Animals

4. No person shall turn out to graze in the Park or allow or suffer to stray or remain in the Park any cattle, sheep, horse, or other animal without the consent in writing of the Commissioners.

5 Bye-Laws to be Observed by Persons Riding or in Charge of Horses in the Park

5. (1) No person shall ride a horse

(a) in any enclosure in the Park, or

(b) in any place in the Park where the riding of a horse is prohibited by the Commissioners by a notice exhibited at such place, or

(c) on any footpath, or

(d) on any tilled or cultivated ground or newly-laid turf or space newly sown with grass.

(2) No person riding or in charge of any horse or pony in the Park shall engage such horse or pony or permit such horse or pony to be engaged in the exercise of jumping or in the exercise of being longed or in racing or in a trotting match in the Park.

6 Bye-Laws Relating to Dogs in the Park

6. (1) Every person in charge of a dog in the Park shall take reasonable care to prevent such dog from

(a) causing annoyance to any person using the Park, or

(b) worrying, chasing, injuring or disturbing any deer or other animals in the Park.

(2) No person in charge of a dog in the Park shall engage such dog in coursing or permit such dog to be engaged in coursing in the Park.

(3) No person shall take into or suffer to remain in Muckross Gardens any dog unless such dog is led by such person upon a leash, cord, chain or other sufficient fastening.

7 General, in Relation to Persons Using the Park

7. No person shall

(1) Walk upon any flower bed or through any shrubbery, enclosed plantation or other enclosed land in the Park;

(2) enter upon any portion of the Park enclosed for any special purpose in pursuance of a licence granted by the Commissioners to any person save with the permission in writing of the Commissioners or the permission of the licensee of the portion of the Park so enclosed;

(3) destroy or injure any tree, shrub or plant growing in the Park or pluck or cut any flower or any blossom on any tree, shrub, or plant growing therein;

(4) climb any tree or shrub in the Park or climb any fence, railing or wall in the Park;

(5) injure or disfigure any building, shelter, fence, railing, wall or other structure in the Park;

(6) injure, disfigure or mark any seat or chair in the Park;

(7) injure, deface, disfigure, mark or in any way interfere with any notice or notice board in the Park;

(8) take from the Park or destroy or injure or otherwise interfere with any bird, bird's nest or bird's eggs in the Park or ill-treat, worry or disturb any deer or other animal in the Park;

(9) throw any missile in the Park to the damage or danger of any other person, or molest, annoy, or otherwise interfere with any person using or enjoying the Park in a lawful manner;

(10) take or remove any soil, sand, gravel, stone or timber from the Park, save with the permission in writing of the Commissioners;

(11) fish in that part of the River Laune administered by the Commissioners save with the permission in writing of the Commissioners or their Licensees;

(12) dump or dispose of any bottle, glass, china, tin, container or other refuse in the Park except in receptacles provided for the purpose therein;

(13) discharge any firearm, or make any bonfire or throw or set fire to any firework in the Park;

(14) enter or go upon any part of any deer forest in the Park on any day when shooting of deer is taking place, as indicated by notices exhibited at the entrances to such deer forest;

(15) enter or go upon any part of the Park while carrying or being in possession of any firearms except with the permission in writing of the Commissioners or their licensees.

8 Games

8. No person shall take part in the game of football or other game save in such places in the Park as the Commissioners shall set apart for the playing thereof respectively, and subject to and in accordance with such directions (if any) as may be given by a Park Constable or by the Superintendent of the Park.

9 Camping and Caravanning in the Park

9. (1) No person shall erect any tent or camp in any part of the Park except at a place appointed by the Commissioners for camping and indicated by notice.

(2) No person shall place or keep any caravan or dormobile in any part of the Park except at a place appointed by the Commissioners as a caravan park and indicated by notice.

10 Musical Performances and Dances

10. No person shall, save with the permission in writing of the Commissioners, and subject to such conditions as the Commissioners may prescribe,

(a) conduct or take part in any musical performance (whether of vocal or instrumental music), dance, concert or other like entertainment in any part of the Park, or

(b) operate any radio, cinema, television or gramophone apparatus in the Demesne Section of the Park.

11 Public Addresses and Assemblies

11. No person shall, save with the permission in writing of the Commissioners granted to such person, deliver a public address in any portion of the Park or take part in or be present at any meeting which would obstruct any road or footpath in the Park.

12 Trading, etc., in the Park

12. (1) Save with the permission in writing of the Commissioners, and subject to the terms and conditions of such permission in writing, no person shall sell, offer, or expose for sale in the Park any commodity of any kind whatsoever or exhibit any sign, poster, handbill, or other notice in the Park or engage therein in the business of taking photographs for payment.

(2) No person in charge of a vehicle engaged in the carriage of passengers for reward shall ply for hire at any place in the Park other than a place appointed by the Commissioners.

(3) No person shall keep any boat for hire in the waters in the Park, save with the permission in writing of the Commissioners.

(4) No person shall moor or beach any boat in the Park except at a place appointed by the Commissioners.

(5) No person shall place any chair or seat in the Park for hire save with the permission in writing of the Commissioners, and subject to the terms and conditions of such permission in writing.

13 Penalties for Breaches of Bye-Laws

13. Any person who shall do any act or thing (whether of commission or omission) which is a breach of or in contravention of any of these Bye-Laws shall be guilty of an offence against these Bye-Laws and may be removed from the Park by a park constable in uniform and shall on summary conviction of such offence, be liable to a penalty not exceeding FIVE POUNDS.

GIVEN under the Common Seal of the Commissioners of

Public Works in Ireland this 16th day of August, 1971.

S. Ó COCHALÁIN.

I HEREBY APPROVE of the foregoing Bye-Laws

SEOIRSE Ó COLLA,

Minister for Finance.