S.I. No. 6/1926 - Phoenix Park, Dublin.


STATUTORY RULES AND ORDERS. 1926. No. 6.

PHOENIX PARK, DUBLIN.

BYE-LAWS, 1926.

(PHOENIX PARK)

(DUBLIN).

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 by the Phoenix Park Act, 1925 .

DEFINITIONS.

1. In these bye-laws:—

the word " Park " means the Phoenix Park in the County of Dublin.

the word " Commissioners " means the Commissioners of Public Works in Ireland.

the expression " park constable " means a person appointed by the Commissioners under the Phoenix Park Act, 1925 (No. 31 of 1925), to be a park constable.

2. The Interpretation Act, 1923 (No. 46 of 1923), shall apply to the interpretation of these bye-laws in like manner as it applies to the interpretation of an Act of the Oireachtas.

TIMES DURING WHICH THE GATES OF THE PARK WILL BE KEPT OPEN.

3. The gates 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 days and hours at present fixed are as hereinafter specified, namely:—

The Main Gate, the Castleknock Gate and the automatic wickets for cyclists and pedestrians attached to the several gates of the Park

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At all hours of the day and night.

The other gates:

(a) on every day from the 10th day of February to the 14th day of November (both days inclusive)

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From 6 a.m. to 11 p.m.

and

(b) on every day during the remainder of the year

}

From 7 a.m. to 11 p.m.

VEHICULAR TRAFFIC.

4. (1) Save with the permission in writing of the Commissioners no vehicle other than vehicles used solely for the conveyance of passengers (not including omnibuses or charabanes) shall be admitted to the Park.

(2) Save with the permission in writing of the Commissioners no funeral shall be admitted to the Park.

(3) Drivers of vehicles in the Park shall comply with the provisions of these bye-laws and shall conform to such orders for the regulation of traffic in the Park as may be given by any member of the Gárda Síochána or any park constable or contained in any notice by the Commissioners exhibited in the Park.

(4) 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 notice exhibited at such places.

(5) No vehicle shall remain stationary or shall loiter on the road known as the Ashtown Road or on the road known as the Whitefields Road on the occasion of the holding of any race meeting or other meeting on the Phoenix Park Racecourse.

(6) No vehicle other than a bicycle or tricycle shall be driven on or across the turf or 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.

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

ANIMALS.

5. (1) No cattle, sheep, pigs, or goats, shall be brought into the Park save with the permission in writing of the Commissioners granted to the owner or other the person having charge of such cattle, sheep, pigs, or goats.

(2) No horse or other animal shall be brought into the Park for the purpose of grazing therein or shall be allowed by the owner or other the person having charge thereof to graze therein save with the permission in writing of the Commissioners granted to such owner or such other person as aforesaid.

BYE-LAWS TO BE OBSERVED BY PERSONS RIDING OR IN CHARGE OF HORSES IN THE PARK.

6. (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 on any grass within 20 yards of a road or footpath, or

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

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

(3) No person shall train or exercise any race-horse in the Park save with the permission in writing of the Commissioners granted to the owner or other the person having charge of such race-horse, and no person shall train or exercise any race-horse in respect of which such permission has been granted save only in such places in the Park as the Commissioners may from time to time in that behalf approve.

(4) Every person engaged in the training or exercising in the Park of any race-horse in respect of which the permission in writing of the Commissioner has been so granted as aforesaid shall while so engaged wear or carry upon his person such badge as the Commissioners shall issue for that purpose to the owner or other the person having charge of such race-horse.

(5) Every person engaged in the training or exercising in the Park of any race-horse shall, if and whenever so required by any member of the Gárda Síochána or any park constable, produce for inspection by such member or such constable such badge as aforesaid.

(6) No person shall train a trotting horse in the Park or engage any trotting horse of which he is in charge or permit any such trotting horse to he engaged in a trotting match in the Park.

BYE-LAWS RELATING TO DOGS IN THE PARK.

7. (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, and

(b) worrying or fighting with other dogs, and

(c) 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 train a whippet in the Park or engage any whippet of which he is in charge or permit such whippet to be engaged in racing in the Park.

BYE-LAWS RELATING TO DOGS TAKEN INTO THE PARK GARDENS.

8. (1) No person shall take into the Park Gardens any dog unless such dog is led by such person upon a leash, cord, chain or other sufficient fastening.

(2) Every dog taken into the Park Gardens shall during the whole time in which such dog remains in the Park Gardens be kept by the person in charge thereof upon a leash, cord, chain, or other sufficient fastening.

GENERAL IN RELATION TO PERSONS USING THE PARK.

9. (1) No person shall walk upon any flower-bed or through any shrubbery, enclosed plantation or other enclosed land in the Park.

(2) Subject as hereinafter mentioned no person shall 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) No person shall destroy or injure any tree, shrub, or plant growing in the Park or pluck any flower or any blossom on any tree, shrub, or plant growing therein.

(4) No person shall climb any tree or shrub in the Park or climb any fence, railing, or wall in or enclosing the Park.

(5) No person shall injure or disfigure any building, fence, railing, wall or other structure in or enclosing the Park.

(6) No person shall injure, disfigure, or marl: any seat or chair in the Park.

(7) No person shall injure, deface, disfigure, or mark any notice or notice-board in the Park.

(8) No person shall take from the Park or destroy or injure or otherwise interfere with any bird, bird's nest or bird's egg in the Park.

(9) No person shall bathe or fish in any of the waters in the Park.

(10) No person shall go upon any ice on any waters in the Park contrary to any notice of the Commissioners exhibited at or in the neighbourhood thereof to the effect that going on such ice is dangerous or unsafe.

(11) No person shall commit any act contrary to public morality or decency in the Park, or use any profane, indecent, or obscene language to the annoyance of other persons using the Park.

(12) No person shall discharge any firearm, or make any bonfire or throw or set fire to any firework in the Park.

(13) No person shall throw or discharge any stone or other missile in the Park to the damage or danger of any other person.

(14) No person shall molest, annoy, or otherwise interfere with any other person using or enjoying the Park in a lawful manner.

(15) No person shall ill-treat, worry, or disturb any animal grazing in the Park or any animal in or on the waters thereof.

GAMES.

10. (1) No person shall take part in the game of pitch and toss or any other unlawful game in the Park.

(2) No person shall take part in the game of polo, cricket, football, or other game the playing of which in the Park is not contrary to these bye-laws, 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 or Assistant Superintendent of the Park.

MUSICAL PERFORMANCES.

11. No person shall conduct or take part in any musical performance (whether of vocal or instrumental music) in the Park save with the permission in writing of the Commissioners and in such places in the Park as the Commissioners shall set apart therefor.

PUBLIC ADDRESSES AND ASSEMBLIES.

12. (1) 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 other than that portion known as the Nine Acres, that is to say, the portion bounded on the north by the Polo ground, on the south by the Main Road, and on the east by the road leading from the Main Road to the Viceregal Lodge.

(2) No person shall deliver a public address in the portion of the Park known as the Nine Acres within a distance of 75 yards of any road-way.

13. (1) No person shall take part in or be present at any dance, concert, or other like entertainment or any gathering for the purpose of amusement on any road or footway in the Park.

(2) Persons assembling in the Park shall do so in a peaceful and orderly manner and while so assembled shall conduct themselves in a peaceful and orderly manner.

DRILLING AND PRACTISING MILITARY EXERCISES IN THE PARK.

14. No person other than members of the Defence Forces of Saorstát Eireann or of the Gárda Síochána shall, save with the permission in writing of the Commissioners, train or drill themselves or be trained or drilled to the use of arms, or practice gymnastics or any military exercises, manoeuvres, or evolution in the Park.

TRADING, ETC., IN THE PARK.

15. (1) No male person who is under the age of fourteen years and no female person who is under the age of eighteen years shall sell, offer or expose for sale in the Park any commodity of any kind whatsoever or engage therein in the business of taking photographs for payment.

(2) Save with the permission in writing of the Commissioners and subject to the terms and conditions of such permission in writing no male person of or over the age of fourteen years and no female person of or over the age of eighteen years shall sell, offer or expose for sale in the Park any commodity of any kind whatsoever or engage therein in the business of taking photographs for payment.

(3) No person shall exhibit any poster, handbill, or other paper in the Park for the purpose of canvas or advertisement.

PLACING OF CHAIRS IN THE PARK FOR HIRE.

16. 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.

CONDITIONS OF LICENCE FOR EXCLUSIVE OCCUPATION OF PORTION OF THE PARK.

17. Every licence granted by the Commissioners to any person for the exclusive occupation by such person of any portion of the Park shall be permissive only and shall be subject to the following conditions, that is to say:—

(a) the portion of the Park occupied in pursuance of such licence shall be used for the purpose mentioned in such licence and for that purpose only;

(b) the person to whom such licence is granted shall construct and maintain to the satisfaction of the Commissioners suitable and sufficient fences around the portion of the Park occupied in pursuance of such licence, and shall construct and maintain to the satisfaction of the Commissioners any structure or building which such person is authorised by such licence to erect on such portion of the Park as aforesaid and shall, if and when so required by the Commissioners, pull down, remove or alter any such structure or building as aforesaid and shall not claim or be entitled to any compensation in respect of such pulling down, removal, or alteration;

(c) save with the permission in writing of the Commissioners granted to the person to whom such licence as aforesaid has been granted by them no person shall be resident in any structure or building erected in pursuance of such licence;

(d) a person to whom such licence as aforesaid has been granted shall not sell or offer for sale any refreshments to any persons save at the time during which the portion of the Park to which such licence relates is being used for the purpose specified in such licence and then only to such persons as are in such portion of the Park as aforesaid;

(e) the Commissioners may by themselves, their agents, servants or workmen at any time enter upon any portion of the Park the subject of any such licence as aforesaid and may inspect any structure or building erected thereon in pursuance of such licence and may execute such works in such portion of the Park or such alterations in such structure or building as the Commissioners may consider necessary or desirable.

PENALTIES FOR BREACHES OF BYE-LAWS.

18. Every person who shall do any act or thing which is a breach 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 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 20th day of January, 1926.

J. J. HEALY,

Secretary,

Office of Public Works, Dublin.

I hereby approve of the foregoing bye-laws.

EARNÁN DE BLAGHD,

Minister for Finance.