Parks and countryside byelaws

Byelaws made under section 164 of the Public Health Act 1875 and sections 12 and 15 of the Open Spaces Act 1906 by the Horsham District Council with respect to pleasure grounds, public walks and open spaces.

Part 1: General

1 General interpretation

In these byelaws:

• "the Council" means Horsham District Council;
• "the ground" means any of the grounds listed in Schedule 1;
• "designated area" means an area in the ground which is set aside for a specified purpose, that area and its purpose to be indicated by notices placed in a conspicuous position;
• "invalid carriage" means a vehicle, whether mechanically propelled or not, (a) the unladen weight of which does not exceed 150 kilograms, (b) the width of which does not exceed 0.85 metres, and (c) which has been constructed or adapted for use for the carriage of a person suffering from a disability, and used solely by such a person.

2 Application

2. These byelaws apply to all of the grounds listed in Schedule 1 unless otherwise stated.

3 Opening times

1. No person shall enter or remain in the ground except during opening hours.
2. "Opening hours" means the days and times during which the ground is open to the public and which are indicated by a notice placed in a conspicuous position at the entrance to the ground.

Part 2: Protection of the ground, its wildlife and the public

4. Protection of structures and plants

1. No person shall without reasonable excuse remove from or displace within the ground: (a) any barrier, post, seat or implement, or any part of a structure or ornament provided for use in the laying out or maintenance of the ground; or (b) any stone, soil or turf or the whole or any part of any plant, shrub or tree.
2. No person shall walk on or ride, drive or station a horse or any vehicle over: (a) any flower bed, shrub or plant; (b) any ground in the course of preparation as a flower bed or for the growth of any tree, shrub or plant; or (c) any part of the ground set aside by the Council for the renovation of turf or for other landscaping purposes and indicated by a notice conspicuously displayed.

5. Unauthorised erection of structures

No person shall without the consent of the Council erect any barrier, post, ride or swing, building or any other structure.

6. Climbing

No person shall without reasonable excuse climb any wall or fence in or enclosing the ground.

7. Grazing

No person shall without the consent of the Council turn out or permit any animal for which he is responsible to graze in the ground.

8. Protection of wildlife

No person shall kill, injure, take or disturb any animal, or engage in hunting or shooting or the setting of traps or the laying of snares.

9. Gates

1. No person shall leave open any gate to which this byelaw applies and which he has opened or caused to be opened.
2. Byelaw 9(1) applies to any gate to which is attached, or near to which is displayed, a conspicuous notice stating that leaving the gate open is prohibited.

10. Camping

No person shall without the consent of the Council erect a tent or use a vehicle, caravan or any other structure for the purpose of camping.

11. Fires

1. No person shall light a fire or place, throw or drop a lighted match or any other thing likely to cause a fire.
2. Byelaw 11 (1) shall not apply to: (a) the lighting of a fire at any event for which the Council has given permission that fires may be lit; or (b) the lighting or use, in such a manner as to safeguard against damage or danger to any person, of a properly constructed camping stove, in a designated area for camping, or of a properly constructed barbecue, in a designated area for barbecues.

12. Missiles

No person shall throw or use any device to propel or discharge in the ground any object which is liable to cause injury to any other person.

13. Interference with life-saving equipment

Part 3: Horses, cycles and vehicles

14. Interpretation of this part

In this Part:

• "designated route" means a route in or through the ground which is set aside for a specified purpose, its route and that purpose to be indicated by notices placed in a conspicuous position;
• "motor cycle" means a mechanically-propelled vehicle, not being an invalid carriage, with less than four wheels and the weight of which does not exceed 410 kilograms;
• "motor vehicle" means any mechanically-propelled vehicle other than a motor cycle or an invalid carriage; “trailer” means a vehicle drawn by a motor vehicle and includes a caravan.

15. Horses

1. No person shall ride a horse except: (a) on a designated route for riding; or (b) in the exercise of a lawful right or privilege.
2. Where horse-riding is permitted by virtue of byelaw 15(1 )(a) or a lawful right or privilege, no person shall ride a horse in such a manner as to cause danger to any other person

16. Cycling

No person shall without reasonable excuse ride a cycle in any part of the ground where cycling is prohibited.

17. Motor vehicles

No person shall without reasonable excuse bring into or drive in the ground a motor cycle, motor vehicle or trailer except in any part of the ground where there is a right of way for that class of vehicle.

18. Overnight parking

No person shall without the consent of the Council leave or cause or permit to be left any motor vehicle in the ground between the hours of 10pm. and 6am.

Part 4: Games and sports

19. Interpretation of this part

In this Part:

• "ball games" means any game involving throwing, catching, kicking, batting or running with any ball or other object designed for throwing and catching, but does not include cricket;
• "golf course" means any area within the ground set aside for the purposes of playing golf and includes any golf driving range, golf practice area or putting course;
• "self-propelled vehicle" means a vehicle other than a cycle, invalid carriage or pram which is propelled by the weight or force of one or more persons skating, sliding or riding on the vehicle or by one or more persons pulling or pushing the vehicle.

20 and 21. Skateboarding etc

20. No person shall skate, slide or ride on rollers, skateboards or other self-propelled vehicles in such a manner as to cause danger or give reasonable grounds for annoyance to other persons.

21. Where there is a designated area for skating, sliding or riding on rollers, skateboards or other self-propelled vehicles, no person shall engage in those activities in such a manner as to cause danger or give reasonable grounds for annoyance to other persons.

22 and 23. Ball games

22. No person shall play ball games outside a designated area for playing ball games in such a manner:

• (a) as to exclude persons not playing ball games from use of that part;
• (b) as to cause danger or give reasonable grounds for annoyance to any other person in the ground; or
• (c) which is likely to cause damage to any tree, shrub or plant in the ground.

23. It is an offence for any person using a designated area for playing ball games to break any of the rules set out in Schedule 2 and conspicuously displayed on a sign in the designated area when asked by any person to desist from breaking those rules.

24. Cricket

No person shall throw or strike a cricket ball with a bat except in a designated area for playing cricket.

25. Archery

No person shall engage in the sport of archery except in connection with an event organised by or held with the consent of the Council.

26. Field sports

No person shall throw or put any javelin, hammer, discus or shot except in connection with an event organised by or held with the consent of the Council.

27. Golf

No person shall drive, chip or pitch a hard golf ball.

Part 5: Waterways

28. Interpretation of this part

In this Part:

• "boat" means any yacht, motor boat or similar craft but not a model or toy boat;
• “power-driven” means driven by the combustion of petrol vapour or other combustible substances;
• “waterway” means any river, lake, pool or other body of water and includes any fountain.

29. Bathing

No person shall without reasonable excuse bathe or swim in any waterway except in a designated area for bathing and swimming.

30. Ice skating

No person shall step onto or otherwise place their weight upon any frozen waterway.

31. Model boats

No person shall operate a power-driven model boat on any waterway without the consent of the Council.

32. Boats

No person shall sail or operate any boat, dinghy, canoe, sailboard or inflatable on any waterway without the consent of the Council except in a designated area for the sailing or operation of boats.

33. Fishing

No person shall in any waterway cast a net or line for the purpose of catching fish or other animals without the consent of the Council except in a designated area for fishing.

34. Pollution

No person shall foul or pollute any waterway.

35. Blocking of watercourses

No person shall cause or permit the flow of any drain or watercourse in the ground to be obstructed, diverted, open or shut or otherwise move or operate any sluice or similar apparatus.

Part 6: Model aircraft

36. Interpretation of this part

In this Part:

• "model aircraft" means an aircraft which weighs not more than 7 kilograms without its fuel;
• "power-driven" means driven by: (a) the combustion of petrol vapour or other combustible substances; (b) jet propulsion or by means of a rocket, other than by means of a small reaction motor powered by a solid fuel pellet not exceeding 2.54 centimetres in length; or (c) one or more electric motors or by compressed gas.
• "radio control" means control by a radio signal from a wireless transmitter or similar device.

37. General prohibition

No person shall cause any power-driven model aircraft to: (a) take off or otherwise be released for flight or control the flight of such an aircraft in the ground; or (b) land in the ground without reasonable excuse.

Part 7: Other regulated activities

38. Provision of services

No person shall without the consent of the Council provide or offer to provide any service for which a charge is made.

39. Excessive noise

1. No person shall, after being requested to desist by any other person in the ground, make or permit to be made any noise which is so loud or so continuous or repeated as to give reasonable cause for annoyance to other persons in the ground by: (a) shouting or singing; (b) playing on a musical instrument; or (c) by operating or permitting to be operated any radio, amplifier, tape recorder or similar device. Horsham District Council Arrangement of Byelaws 12
2. Byelaw 39(1) does not apply to any person holding or taking part in any entertainment held with the consent of the Council.

40. Public shows and performances

No person shall without the consent of the Council hold or take part in any public show or performance.

41. Aircraft, hang gliders and hot air balloons

No person shall except in case of emergency or with the consent of the Council take off from or land in the ground in an aircraft, helicopter, hang glider or hot air balloon.

42. Kites

1. No person shall fly any kite in such a manner as to cause danger or give reasonable grounds for annoyance to any other party.
2. No person shall without the permission of the Council ride a para-kart.

43. Metal detectors

No person shall without the consent of the Council use any device designed or adapted for detecting or locating any metal or mineral in the ground.

Part 8: Miscellaneous

44. Obstruction

No person shall obstruct:

• (a) any officer of the Council in the proper execution of his duties;
• (b) any person carrying out an act which is necessary to the proper execution of any contract with the Council; or
• (c) any other person in the proper use of the ground.

45. Savings

1. It shall not be an offence under these byelaws for an officer of the Council or any person acting in accordance with a contract with the Council to do anything necessary to the proper execution of his duty.
2. Nothing in or done under these byelaws shall in any respect prejudice or injuriously affect any public right of way through the ground, or the rights of any person acting lawfully by virtue of some estate, right or interest in, over or affecting the ground or any part of the ground.

46. Removal of offenders

Any person offending against any of these byelaws may be removed from the ground by an officer of the Council or a constable.

47. Penalty

Any person offending against any of these byelaws shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

48. Revocation

The byelaws made by Horsham District Council on 25th August 1981 and confirmed by Secretary of State on 25th November 1981 relating to the ground are hereby revoked.

Schedules

Schedule 1: Grounds to which byelaws apply generally

The grounds referred to in Part 1, Section 2 are:

Amberley

• Hurst Cottages play area

Billingshurst

• Open Space between Forge Way and Wicks Road I Anvil Close
• Ostlers View play area and open space between Morris Drive and Forge Way
• Parbrook play area and open space between Berrall Way and Stane Street
• Recreational trail and associated open space to the east of the A29, running north-south Roman Way kick about area
• Roman Way play area

Broadbridge Heath

• Singleton Road/ Findon Way open space
• Coldwaltham
• Brookland Way play area

Cowfold

• Holm Oaks open space

Henfield

• Batts Pond, Batts Pond Lane
• Deer Park Play Area and Pond, between St Peter's View and Fawn Rise
• Open Space between Deer Park and North Mead
• Parsonage Road Open Space
• Tanyard Field and Pond, Cagefoot Lane

Horsham

• Alder Copse, North and South of Granary Way
• Avebury Close Green
• Barrack Field, to the south of Fordingbridge
• Bartholomew Way Play Area
• Beech Road Recreation Ground and Play Area
• Bennetts Field, Brighton Road
• Bens Acre Woodland to the east of Bens Acre
• Signor Close Play Area
• Blackhorse Way Play Area, The Forum
• Bluebell Play Area and Open Space, Bluebell Close
• Bowes Close Play Area
• Bullfinch Close Play Area
• Canberra Place Play Area
• Chennells Pitches and Woodland, Bartholomew Way
• Chennells Way Open Space
• Chesworth Farm, Chesworth Lane
• Cissbury Close Play Area
• Coleridge Close Play Area
• Cook Road Open Space, between Cook Rd and Amundsen Rd
• Cook Road Play Area
• Cricket Field, Cricketfield Road
• Deer Way Open Space
• Denne Road Cemetery
• Dog & Bacon Green at junction of North Parade and Trafalgar Road
• Durfold Road Play Area
• Dutchells Copse between Rusper Road and North Heath Lane
• Dutchells Pitches and Woodland, Robert Way
• Earlswood Close Play Area
• Fenhurst Close Community Garden
• Garden of Remembrance and Mill Bay Open Space between Causeway and Mill Bay Lane
• Goldfinch Close Play Area
• Gorringes Brook Open Space
• Groombridge Way Play Area
• Guildford Road Town Gardens, near to the junction with Blackbridge Lane
• Haybarn Drive Play Area
• Highdown Way Play Area
• Highland Copse to the east of Grebe Crescent and Bens Acre
• Hills Cemetery, Guildford Road
• Hills Farm Lane Riverside Walk and Recreation Ground
• Horsham Park, North Parade
• Keates Close Play Area
• Kingslea Pond, Harwood Road
• Leechpool and Owlbeech Woods, Harwood Road
• Littlehaven Lane Play Area and Open Space
• Lower Barn Copse, Rusper Road
• Manor Fields Open Space and Play Area
• Motte & Bailey, Lemmington Way
• Needles Recreation Ground, Blackbridge Lane
• New Street Chapel Open Space
• New Street Garden
• North Heath Copse, Pondtail Road
• Nuthatch Way Pond and Open Space
• Open Space between Ghyll Crescent and Dickens Way
• Open Space between Heather Close and Fern Way
• Open Space between Kerves Lane and Hornbrook Hill
• Open Space between Trefoil Close and Kestrel Close
• Park Farm Close Open Space
• Park Farm Close Play Area
• Pondtail Drive
• Pondtail Recreation Ground
• Primrose Copse Play Area
• Ramsey Close Play Area and Open Space
• Recreation Ground between Broadwood Close and Bryce Close
• Redford Avenue Open Space and Woodland
• Redkiln Way Play Area and Open Space
• Riverside Walk between Blackbridge Lane and Worthing Road
• Riverside Walk between Drake Close, Brook Road and St Marks Lane
• Riverside Walk between Warnham Road and Guildford Road
• Riverside Walk from Shandy's Close to Arunside
• Roffey Recreation Ground, Leith View Road
• Ropeland Way Play Area
• Shottermill Play Area
• Skylark View Play Area
• Sloughbrook Close Play Area
• Somergate Play Area
• South Holmes Open Space and Play Area, Owlbeech Way
• Standen Place Play Area
• Tanbridge Park Open Spaces
• Victory Recreation Ground
• Warnham Nature Reserve, Warnham Road
• Wildgoose Open Space
• Winterbourne Close Green
• Woodland and open space between Bullfinch Close and Northlands Road
• Woodstock Recreation Ground, Woodstock Close
• Wordsworth Place Play Area
• Wren Close Play Area
• Lower Seeding
• Brick Kiln Pond, Brick Kiln Close
• Lower Seeding Recreation Ground, Church Close
• Mannings Heath
• Gagglewood
• Woodland Walk Open Space

Pulborough

• Carpenters Meadow Play Area and Open Space
• Glebelands Open Space
• New Place Corner, New Place Road
• The Moat, Link Lane

Rudgwick

• Foxholes Play Area

Southwater

• Camelot Close Open Space
• Cedar Drive Open Space and Play Area
• College Road Open Space
• Corfe Close Open Space and Footpaths
• Edinburgh Close Play Area
• Foxes Close Woodland
• Grange Way Play Area
• Newlane Wood, junction of A24 and Worthing Road Oak Road Open Space
• Pevensey Road Play Area
• Pondfarm Ghyll, South of Cedar Drive
• Rascals Close Open Space and Woodland Windsor Close Play Area
• York Close Open Space

Steyning

• Footpath to the East of Shooting Field
• St Cuthmans Field, Vicarage Lane

Storrington

• Meadowside Open Space
• Mill Pond, Old Mill Drive and Riverside Walk between Old Mill Drive and Stor Meadow

Sullington

• Sandgate Park, Water Lane
• Southdown Way Open Space
• The Green

Thakeham

• Linfield Copse Play Area

Washington

• Chanctonbury Close Open Space

West Chiltington

• Monkmead Wood (excluding picnic site), Monkmead Lane

Schedule 2: Rules for playing ball games in designated areas (Byelaw 23)

Any person using a designated area for playing ball games is required by byelaw 23 to comply with the following rules:

1. No person shall obstruct any other person who is playing in accordance with these rules.
2. Where exclusive use of the designated area has been granted to a person or group of persons by the Council for a specified period, no other person shall play in that area during that period.
3. Subject to paragraph (4), where the designated area is already in use by any person, any other person wishing to play in that area must seek their permission to do so.
4. Except where they have been granted exclusive use of the designated area for more than two hours by the Council, any person using that area shall vacate it if they have played continuously for two hours or more and any other person wishes to use that area.
5. No person shall play in the designated area when a notice has been placed in a conspicuous position by the Council prohibiting play in that area.

The Common Seal of Horsham District Council was hereunto affixed in the presence of: the Acting Chief Executive

Dated this 25 day of October 2011

The foregoing byelaws are hereby confirmed by the Secretary of State and shall come into operation one calendar month after the date of confirmation.

Signed by authority of the Secretary of State P. Rowsell Senior Civil Servant in the Department for Communities and Local Government LONDON, SWlE 5DU.

An original scan of this document including the formal seal is available on request from Horsham District Council. Please e-mail parks@horsham.gov.uk or telephone 01403 215256 to request a copy