Adwalton Common byelaws

Byelaws made by the Leeds City Council in pursuance of a Scheme approved by the Secretary of State under the provisions of the Commons Act 1899 with respect to:

Adwalton Common

1 In these Byelaws, unless the context otherwise requires the "Council" means Leeds City Council

the "Common" means the piece of land with the ponds, paths and roads thereon, commonly known as Adwalton Common, situate in the Parish of Drighlington in the City of Leeds and referred to as the "Common" in the Scheme for the regulation and management of such Common, approved under the Commons Act 1899, on the sixth day of July 1915, by the Board of Agriculture and Fisheries

the "Scheme" means the scheme for the regulation and management of the Common hereinbefore referred to

"model aircraft" means an aircraft which either weighs not more than five kilogrammes without its fuel or is for the time being exempted (as a model aircraft) from provisions of the Air Navigation Order

"power-driven" means driven by the combustion of petrol vapour or other combustible vapour or other combustible substances or by one or more electric motors, or by compressed gas

2 A person shall not, without lawful authority, dig or take any turf, sods, gravel, sand, clay or other substance on or from the Common, or cut, fell or injure any gorse, heather, timber or other tree, shrub, brushwood or other plant growing thereon

3 A person shall not on the Common:

(i) Without reasonable excuse, remove or displape any wall or fence in or enclosing the Common, or any building, barrier, railing, post, seat or notice board or any erection or ornament, or remove or displace any barrier, railing, post or seat, or any part of any erection or ornament, or any implement provided for use in the laying out or maintenance of the Common

(ii) Climb any wall or fence in or enclosing the Common or any tree or any barrier, railing, post or other erection

4 A person shall not, without lawful authority, affix or cause to be affixed any advertisement, bill, placard or notice upon any building, wall, fence, gate, door, pillar, post, tree, rock or stone on or enclosing the Common

5 (i) A person shall not except in the exercise of any lawful right or privilege, bring or cause to be brought onto the Common any barrow, truck, motor-cycle, machine or vehicle other than:

(a) a wheeled bicycle, tricycle or other similar machine

(b) a wheelchair or perambulator drawn or propelled by hand and used solely for the conveyance of a child or children or an invalid

Provided that where the Council set apart a space on the Common for the use of any class of vehicle, this Byelaw shall not be deemed to prohibit the driving in or to that space by a direct route from the entrance of the Common of any vehicle of the class for which it is set apart

(ii) A person shall not, except in the exercise of any lawful right or privilege, ride any motor-cycle, bicycle, tricycle or other similar machine on any part of the Common

(iii) This Byelaw shall not extend to invalid carriages conforming to the provisions of regulations made under the Chronically Sick and Disabled Persons Act 1970

6 A person who brings a vehicle onto the Common shall not wheel or station it over or upon:

(i) Any flower bed, shrub or plant or any ground in course of preparation as a flower bed or for the growth of any tree, shrub or plant

(ii) Any part of the Common unless the Council by a notice board affixed or set up in some conspicuous position on the Common authorise its being wheeled or stationed

7 A person shall not, except in the case of a fair lawfully held, or without the permission of the Council, place on the Common any show, exhibition, swing, roundabout or other like thing and it shall be lawful for any officer of the Council to remove from the Common anything placed thereon in contravention of this Byelaw

8 A person shall not light a fire on the Common or place or throw or let fall a lighted match or any other thing so as to be likely to cause a fire

9 A person shall not in the ground release any power-driven model aircraft for flight or control the flight of such an aircraft; or cause any such aircraft to take-off or land in the ground

10 Where the Council set apart any such part of the Common as may be fixed by the Council which by reason of the rules or manner of playing or for the prevention of damage, danger or discomfort to any person on the Common may necessitate at any time during the continuance of the game the exclusive use by the player or players or any space in such part of the Common, a person shall not in any space elsewhere on the Common play or take part in any game so specified in such a manner as to exclude persons not playing or taking part in the game from the use of such a space

11 A person resorting to the Common and playing or taking part in any game for which the exclusive use of any space on the Common has been set apart shall:

(i) not play on the space any game other than the game for which it is set apart

(ii) in preparing for playing and in playing, use reasonable care to prevent undue interference with the proper use of the Common by other persons

(iii) when the space is already occupied by other players not begin to play thereon without their permission

(iv) where the exclusive use of the space has been granted by the Council for playing of a match, not play on that space later than a quarter of an hour before the time fixed for the beginning of the match unless he is taking part therein

(v) except where the exclusive use of the space has been granted by the Council for the playing of a match in which he is taking part, not use the space for a longer time that two hours continuously, if any other player or players make known to him a wish to use the space

12 A person shall not on any part of the Common which may have been set apart by the Council for any game play or take part in any game when the state of the ground or other cause makes it unfit for use and a notice is set up in some conspicuous position prohibiting play on that part of the Common

13 A person who has attained the age of 14 years shall not play or take part in any game or take part in any assemblage of persons on any part of the Common which shall be set apart by the Council as a children's playground and be indicated by adequate notice affixed or set up at or near to such part

14 A person who has attained the age oÍ 14 years shall not use any swing or other apparatus on the Common, which by adequate notice affixed near thereto shall be set apart for the exclusive use of children whose age does not exceed 14 years

15 (a) A person shall not on the Common ride a horse to the danger of any other person using the ground and

(b) Where any part of the Common has, by notices affixed in a conspicuous position in the pleasure ground, been set apart by the Council as a place where horseriding is permitted, a person shall not, except in the exercise of any lawful right or privilege, ride a horse on any other part of the Common

16 A person shall not cause or suffer a dog belonging to him or in his charge to enter or remain on the land, unless such dog be and continue to be under proper control and be effectually restrained from causing annoyance to any person and from worrying or disturbing any animal

17 A person shall not, without lawful authority, turn out or permit to remain on the Common any horse, cattle, sheep, goat or other animal other than any dog belonging to him or within his charge under Byelaw 16 and it shall be lawful for any officer of the Council to remove from the Common any animal being upon the Common in contravention of this byelaw

18 A person shall not on the Common walk, run, stand, sit or lie upon:

(i) any grass turf or other place where adequate notice to keep off such grass turf or other place is exhibited

Provided that such notice shall not apply to more than one eighth of the area of the Common

(ii) any flower bed, shrub or plant or any ground in course of preparation as a flower bed or for the growth of any tree, shrub or plant

19 A person shall not, without the consent of the Council, erect any building, shed, tent, fence, post, railing or other structure on the Common and it shall be lawful for any officer of the Council to remove from the Common anything placed thereon in contravention of this byelaw

20 A person shall not on the Common intentionally obstruct, disturb or annoy any other person in the proper use of the Common or intentionally obstruct or disturb a warden, officer or any person employêd by the Council in the proper execution of any work in connection with the laying out or maintenance of the Common

21 A person shall not on the Common sell or offer or expose for sale, or let to hire, offer or expose for letting to hire, any commodity or article except in pursuance of an agreement with the Council

22 Any person who offends against any of these byelaws shall be liable on summary conviction to a fine not exceeding One hundred pounds

23 Every person who shall infringe any Byelaw for the regulation of the Common may be removed therefrom after due warning by any officer of the Council, or by any constable in any one of the several cases hereinafter specified: that is to say:

(i) Where the infraction of the byelaw is committed within the view of such officer or constable and the name and residence of the person infringing the byelaw are unknown to and cannot be readily ascertained by such officer or constable

(ii) Where the infraction of the Byelaw is committed within the view of such officer or constable and from the nature of such infraction, or from any other fact of which such officer or constable may have knowledge, or of which he may be credibly informed, there may be reasonable ground for belief that the continuance on the Common of the person infringing the Byelaw may result in another infraction of a Byelaw or that the removal of such person f rom the Common is otherwise necessary as a security for the proper use and regulation thereof

The foregoing byelaws were made by Leeds City Council at a meeting held on the day of 1987

THE COMMON SEAL of the LEEDS CITY COUNCIL was hereunto affixed on the day of 1987 in the presence of:

Chairman of the Policy and Resources Committee

Chief Officer and Director of Administration

The foregoing byelaw(s) are hereby confirmed by the Secretary of State and shall come into operation on the 27th day of May 1987

Signed by authority of the Secretary of State

Q J THOMAS
An Assistant Under-Secretary of State

13 MAY 1987

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