S.I. No. 321/1941 - Kilkenny Traffic Bye-Laws, 1941.


STATUTORY RULES AND ORDERS. 1941. No. 321.

KILKENNY TRAFFIC BYE-LAWS, 1941.

ARRANGEMENT OF BYE-LAWS.

Bye-Law.

1. Short Title.

2. Interpretation.

3. Definitions.

4. Restricted streets.

5. Crossing-places for pedestrians.

6. Certain prohibitions in relation to restricted streets.

7. Prohibition of offensive loads in certain streets.

8. One-way streets.

9. Prohibition of advertisements which cause obstruction.

10. General restrictions on the carriage of advertisements.

11. Minimum number of drovers in charge of animals in streets.

12. Restrictions on size of droves of animals in streets.

13. Method of controlling bulls led through streets.

14. Deposit of goods in streets.

15. Restrictions on the washing of steps.

16. Obligation to form queues.

FIRST SCHEDULE—Restricted streets.

SECOND SCHEDULE—Streets in which offensive loads are prohibited.

THIRD SCHEDULE—One-way streets.

STATUTORY RULES AND ORDERS.

1941. No. 321.

KILKENNY TRAFFIC BYE-LAWS, 1941.

WHEREAS it is enacted by sub-section (1) of section 149 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 Public Health 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 the said sub-section :

AND WHEREAS the Commissioner of the Gárda Síochána has, before making the bye-laws set forth, consulted the Mayor, Aldermen and Burgesses of the Borough of Kilkenny in regard thereto :

NOW, I, MICHAEL Ó CUINNE?IN, Commissioner of the Gárda Síochána, in exercise of the powers conferred on me by sub-section (1) of section 149, 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 and Public Health, testified by his official seal affixed hereto, make the following bye-laws in respect of the Borough of Kilkenny, that is to say :—

1 Short Title

1.—These bye-laws may be cited as the Kilkenny Traffic Bye-Laws, 1941.

2 Interpretation.

2.—The Interpretation Act, 1937 (No. 38 of 1937) applies to the interpretation of 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 expression " the Borough " means the Borough of Kilkenny ;

the word " driving " when used in relation to a vehicle includes managing and controlling, and the word " drive " and other cognate words shall be construed accordingly ;

the word " vehicle " has the same meaning as it has in the Act, save that it does not include a tramcar or other vehicle running on permanent rails ;

the word " traffic " includes vehicles and animals (other than dogs and cats) of every description, but does not include pedestrians ;

the word " street " has the same meaning as the word " road " has in the Act ;

the word " horse " includes any mare, gelding, pony, foal, colt, filly or stallion ;

the word " cattle " includes oxen, bulls, bullocks, cows and heifers ;

the word " sheep " includes rams, ewes and lambs ;

the word " swine " includes boars, sows and pigs of any age.

(2) Every mention in these bye-laws of the name of any street or bridge shall be construed as referring to the street or bridge (as the case may be) in the Borough of Kilkenny which is known (whether by official naming or 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.

4 Restricted streets.

4.—The several streets mentioned in the First Schedule of these bye-laws shall be restricted streets for the purpose of these bye-laws, and the expression " restricted street " shall, in these bye-laws, be construed accordingly.

5 Crossing-places for pedestrians.

5.—Whenever a crossing place for pedestrians over a roadway in the Borough is indicated by means of signs or marks placed upon the surface or such roadway by the Council charged with the maintenance of such roadway, no pedestrian shall cross such roadway outside and within fifty feet from the crossing place so indicated.

6 Certain prohibitions in relation to restricted streets.

6.—(1) No person shall, between the hours of 12 noon and 6.30 p.m. on any day, do any of the following things, that is to say :—

(a) drive, lead, or conduct into or along any restricted street, without the written permission of the Chief Superintendent of the Gárda Síochána for the time being in charge of the area embracing the Borough, any vehicle laden with any article which projects more than eight feet six inches beyond the rear of such vehicle, or more than two feet beyond either side or both sides of such vehicle ;

(b) bring or convey (whether in a vehicle or in any other manner) into or along any restricted street, without the written permission of the Chief Superintendent of the Gárda Síochána for the time being in charge of the area embracing the Borough, any article whatsoever which exceeds thirty-five feet in length or eight feet six inches in width ;

(c) lift or lower, without the written permission of the Chief Superintendent of the Gárda Síochána for the time being in charge of the area embracing the Borough, any articles or goods by means of any crane, derrick, rope, chain, tackle, or other machinery across or over the footway in any restricted street ;

(d) drive, lead, or otherwise conduct (except by carriage in a vehicle) any cattle, sheep, or swine into or along any restricted street.

(2) Nothing in these bye-laws shall apply to anything done in a restricted street in the course and for the purpose of—

(a) repairing such restricted street or a street only accessible by means of such restricted street ; or

(b) laying, or relaying, repairing, or removing a sewer, or a drain, or a water or gas main or pipe, or a telephone, telegraph or electricity main or a wire in such restricted street or a street only accessible by means of such restricted street.

7 Prohibition of offensive loads in certain streets.

7.—No person shall drive, lead or conduct any vehicle wholly or partially laden with untanned hides, ordure, dung, or manure (other than artificial chemical manure) into or along any of the streets mentioned in the Second Schedule to these bye-laws between the hours of 10 a.m. and 7 p.m. on any day, except for the purpose of transporting the whole or a part of the untanned hides, ordure, dung, or manure (as the case may be) with which such vehicle is laden to or from the premises situate in such street or only accessible by means of such street.

8 One-way streets.

8.—(1) Every of the streets or portion of a street mentioned in the first column of the Third Schedule to these bye-laws shall be a one-way street during the period or times mentioned in the third column of the said Schedule opposite to the mention of such street or portion of a street in the said first column.

(2) No person shall drive, lead, or conduct any vehicle along or through any street or portion of a street mentioned in the first column of the Third Schedule to these bye-laws during any period of time for or at which it is a one-way street in any direction other than the direction mentioned in the second column of the Third Schedule opposite the mention of such street or portion of a street in the said first column.

9 Prohibitions of advertisements which cause obstruction.

9.—(1) No person shall, by doing any of the following things in a street within the Borough, cause an obstruction on the roadway or on the footway of such street or do, in any such street, anything in such a manner or circumstances as to cause an obstruction of the roadway or the footway of such street, that is to say :—

(a) carry by way of advertisement any picture, print, board, placard, or notice ;

(b) drive, lead, draw, propel, or otherwise conduct any vehicle or animal having displayed thereon by way of advertisement any picture, print, board, placard, or notice ;

(c) distribute by way of advertisement any picture, print notice or other document ;

(d) erect or place on the surface of any such street by way of advertisement any picture, print, board, placard or notice.

(2) Whenever a member of the Gárda Síochána observes any person doing, in any street in the Borough anything mentioned in a sub-paragraph of the foregoing paragraph of this bye-law, such member may, if he is of opinion that the doing of such thing by such person is a contravention of the said foregoing paragraph, require such person to cease from doing such thing.

(3) Every person who is required by a member of the Gárda Síochána under the next preceding paragraph of this bye-law to cease from doing any particular thing shall forthwith cease from doing such thing and remove and take away every picture, print, board, placard, or notice in relation to which such thing is done.

10 General restrictions on the carriage of advertisements.

10.—No persons on foot shall, in any street within the Borough, do any of the following things, that is to say :—

(a) carry by way of advertisement, any picture, print, board, placard, or notice on any footway, or

(b) carry by way of advertisement, any picture, print, board, placard, or notice which exceeds four feet in length or three feet in width, or

(c) drive, load, draw, propel, or otherwise conduct any vehicle having thereon, by way of advertisement, any picture, print, board, placard, or notice which exceeds six feet in length or four feet six inches in width or of which the highest point is more than four feet above the level of the axle of the wheel or wheels or the largest of the wheels of such vehicle.

11 Minimum number of drovers in charge of animals in streets.

11.—(1) It shall not be lawful to drive, lead, or otherwise conduct (except by carriage in a vehicle) in or along any street in the Borough any number of cattle unless such cattle are in charge of and accompanied by at least the number of drovers stated in the second column of the following Table opposite the mention of the number of such cattle in the first column of the said Table, that is to say :—

Number of Cattle

Minimum Number of Drovers

Not exceeding five

One.

Exceeding five but not exceeding twenty

Two.

Exceeding twenty but not exceeding fifty

Three.

(2) It shall not be lawful to drive, lead, or otherwise conduct (except by carriage in a vehicle) in or along any street in the Borough any number of sheep unless such sheep are in the charge of and accompanied by at least the number of drovers stated in the second column of the following Table, opposite the mention of the number of such sheep in the first column of the said Table, that is to say :—

Number of Sheep

Minimum Number of Drovers

Not exceeding twenty

One.

Exceeding twenty but not exceeding one hundred

Two.

(3) It shall not be lawful to drive, lead, or otherwise conduct (except by carriage in a vehicle) in or along any street in the Borough any number of swine unless such swine are in the charge of and accompanied by at least the number of drovers stated in the second column of the following Table, opposite the mention ofthe number of such swine in the first column of the said Table, that is to say :—

Number of Swine

Maximum Number of Drovers

Not exceeding ten

One.

Exceeding ten but not exceeding twenty-five

Two.

Exceeding twenty-five but not exceeding fifty

Three.

(4) In this bye-law the word " drover " means a male person not less than eighteen years of age, and for the purposes of this bye-law a drove of animals consisting partly of cattle and partly of sheep shall be deemed to be a drove of cattle, and, when reckoning for the said purposes the number of cattle in such drove the sheep therein shall be reckoned as cattle.

12 Restriction on size of droves of animals in streets.

12.—It shall not be lawful to drive, lead, or otherwise conduct in or along any street in the Borough :—

(a) a herd of cattle which exceeds fifty in number, or

(b) a flock of sheep which exceeds one hundred in number, or

(c) a herd of swine which exceeds fifty in number, or

(d) a drove of animals containing different kinds of animals which exceeds fifty in number.

13 Method of controlling bulls led through streets.

13.—No bull of the age of one year or upwards shall be driven, led, or otherwise conducted in or along any street in the Borough unless such bull is in charge of and accompanied by a male person of not less than eighteen years of age and (except when such bull is being conveyed in a vehicle) such bull is controlled by such person by means of a staff or strong rope at least five feet in length which is held by such person and one end of which is securely directly attached to a strong ring safely and properly fixed through the nose of such bull.

14 Deposit of goods in streets.

14.—(1) No person shall deposit any goods in any street in the Borough save in the case of fire, flood, accident, or other emergency or for the purpose of lawfully loading or unloading a vehicle or animal.

(2) Whenever any person deposits any goods in a street in the Borough because of fire, flood, accident or any other emergency, such person shall remove such goods or cause such goods to be removed from such street as soon as is practicable.

(3) Whenever any person deposits any goods in a street in the Borough for the purpose of lawfully loading or unloading a vehicle or animal, such person

(a) shall take all reasonable precautions to prevent such deposit causing obstruction or avoidable inconvenience to traffic or pedestrians using such street, and

(b) shall not allow such goods to remain so deposited for longer than is necessary for the purpose of such loading or unloading, as the case may be, and

(c) shall remove such goods from the said street as soon as may be practicable having regard to the exigencies of such loading or unloading, as the case may be.

15 Restrictions on the washing of steps.

15.—No person shall at any time except between the hours of 1 a.m. and 9 a.m., wash any footway or any steps leading on to a footway or on to a roadway in the Borough by means of water under pressure, whether delivered from a hose or otherwise.

16 Obligation to form queues.

16.—(1) Persons waiting admission to a building or other place of public amusement or public resort shall arrange themselves in an orderly manner in a queue formed in accordance with this bye-law.

(2) Where there are two or more entrances to any such building or other place, a separate queue shall be formed in respect of every entrance, at which there are persons waiting admission.

(3) Every queue shall be formed in accordance with such general directions in relation to the formation of queues as shall be given by the Superintendent of the Gárda Síochána within whose District such queue is formed and in accordance with such particular directions (not inconsistent with such general directions) as may be given by a member of the Gárda Síochána on duty at the place where such queue is formed, or, where there is no such member, by an official of the building or other place for the admission to which such queue is formed.

(4) Every queue shall consist of either a single line of persons or of two, and not more than two, lines of persons, and shall, where a footway is available for the purpose, be formed on such footway on either the inner or outer side thereof in such a manner as not to occupy the entire width of such footway or wholly to obstruct the passage of pedestrians along such footway.

(5) Every person seeking admission to a building or other place at an entrance in respect of which a queue is formed shall take his place at the rear of such queue unless he is expressly given some other place in such queue by a person in such queue who for that purpose vacates his place in such queue.

(6) Every person in a queue shall move forward in an orderly manner towards the entrance in respect of which such queue is formed as the persons in front of him in such queue gain admission at such entrance or move forward towards such entrance or leave such queue otherwise than for the purpose of giving their places in such queue to other persons.

(7) Whenever a queue is required by this bye-law to be formed in relation to admission to a building or other place, no person shall enter or attempt to enter such building or other place by an entrance in respect of which a queue is formed save by means of such queue or unless or until he has arrived at such entrance by orderly progress in accordance with this bye-law through such queue.

(8) Where, in any building or other place of public amusement or public resort, there is a general entrance to which persons are permitted to pass freely on their way to a particular entrance through which admission is only permitted on payment of money or on presentation or surrender of a ticket or similar article, the word " entrance " in this bye-law means, in relation to such building or other place, any such particular entrance to which such general entrance leads and does not mean or include such general entrance.

Given under my hand this 13th day of August, 1940.

(Signed) M?CHE?L Ó CUINNE?IN.

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 Public Health ;

AND WHEREAS the provisions of sub-sections (1) and (5) of section 8 have been complied with in relation to the said bye-laws ;

NOW, THEREFORE, the Minister for Local Government and Public Health in exercise of the power conferred on him bysection 149 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 and Public Health this 7th day of June, One Thousand Nine Hundred and Forty-one.

(Signed) PATRICK RUTTLEDGE,

Minister for Local Government and Public Health.

FIRST SCHEDULE.

RESTRICTED STREETS

1. High Street.

2. Parliament Street.

3. Rose Inn Street.

SECOND SCHEDULE.

STREETS IN WHICH OFFENSIVE LOADS ARE PHOHIBITED

1. Patrick Street.

2. High Street.

3. Parliament Street.

4. Rose Inn Street.

5. John Street.

THIRD SCHEDULE.

ONW-WAY STREETS.

Street or Portion of a Street

Direction of Passage of Vehicle

Period of Time

1

2

3

St. Kieran Street

From south to north, i.e from Rose Inn Street on the south side to Parliament Street on the north side.

All times.

Upper Patrick Street

From north to south, i.e., from the junction of Patrick Street and Ormonde Road on the north side to junction of Upper New Street and Upper Patrick Street on the south side.

All times.