CEC Draft Park Management Rules

8/3/2019 CEC Draft Park Management Rules

1/10

Item noReport no

Management Rules for Public Parks and Greenspace2013 - 2023

Transport, Infrastructure and Environment Committee

27 September 2011

1 Purpose of report

1.1 To present to Committee the draft Management Rules for Public Parks andGreenspace to replace the current set of Management Rules which are due toexpire in 2013, and to seek approval for full consultation with stakeholders,Neighbourhood Partnerships and the wider public.

2 Summary

2.1 Parks and greenspaces are integral to our communities. They serve as a stage

for our public lives, are settings where celebrations are held, where socialexchanges take place, where friends mix, where cultures overlap, where naturethrives and where people revive themselves from the stresses of urban living.Research evidence shows that good quality parks encourage respect andpositive behaviours, whereas, a decline in the condition of a park and the lossof facilities will result in increased anti-social behaviour.

2.2 Although not a mandatory requirement, for many years the Council hasoperated a series of Management Rules for Public Parks, made under Section112 of the Civic Government (Scotland) Act 1982. These have provided theCouncil with a range of enforcement powers to deal with a number ofundesirable activities or actions in the citys public parks, gardens andgreenspaces. The introduction of the Land Reform (Scotland) Act 2003encourages responsible use of open space and good behaviour in public parkswill in future need be principally encouraged through awareness and educationmeasures. Therefore, the way that the Council encourages responsible use ofparks and other green spaces, needs to reflect this approach. However, theremay still be exceptional circumstances when some level of enforcement isrequired and Management Rules provide the legal basis for this. If theManagement Rules are to be retained, they need to be revised and updated toreflect the land Reform Act and the associated Scottish Outdoor Access Code.

1

6TI+E/29/11-12/SfC


2/10

2

3 Main Report

3.1 The current Management Rules (Appendix 1) were sealed with the City ofEdinburgh Council in 2003, and continue in force. Section 112 of the 1982 Actsets out the process for making management rules. The Council is required togive the public notice of their intention to make management rules, inform them

of where the rules can be viewed and provide details for making objections.The Council should give consideration to any objections and allow anyobjectors to be heard.

3.2 Management rules come into force on the date of their execution or any laterdate as specified in the rules and shall, unless revoked, continue in force for aperiod of ten years from that date.

3.3 The Land Reform (Scotland) Act 2003 (the 2003 Act) gives people a generalright of access to almost all land in Scotland, including public parks. This rightof access is conditional on the person exercising this right responsibly (i.e. soas not to cause unreasonable interference to any of the rights of another

person). Guidance of this responsible access is provided by Scottish NaturalHeritage in the Scottish Outdoor Access Code.

3.4 The Management Rules have therefore been revised to take account of the2003 Act and reflect contemporary issues in Parks. A draft of the revised rulescan be found in Appendix 2.

3.5 In keeping with the 2003 Act and to reflect the ethos of the Outdoor AccessCode, the Council has, over the last two years, trialled new signage in all parks,entitled Caring for Edinburghs Parks (Appendix 3). These signs provide detailon what constitutes responsible behaviour in relation to a variety of activities,and have been well received by the public.

3.6 Once the revised Management Rules have been approved, it is intended toenhance and update these signs, including more detail on how the Councilcares for its parks - with reference to the Parks and Greenspace ServiceStandards (Appendix 4). This information will replace the list of managementrules presently displayed at most park entrances and form the principal methodof encouraging responsible behaviour. However, as the revised ManagementRules must be publicly displayed, it is proposed that from 2012 they beincluded on the Council website, and details on where to see them noted onrelevant park signage.

3.7 Consultation on the draft revised Management Rules and updated signage will

be undertaken with Neighbourhood Partnerships, Friends of Parks Groups,park users and local stakeholders. Details will also be made available online,and comments sought.

4 Financial Implications

4.1 There are no financial implications as any costs will be accommodated withinexisting budgets.

5 Equalities Impact

5.1 The content of this report is not relevant to the Equality Act 2010 public sector

general equality duty and as such scored three in the pre equality impactassessment. It is considered that the management rules support and promoteresponsible use and enjoyment of the citys parks and greenspace for all users.


3/10

3

6 Environmental Impact

6.1 Publicly accessible parks and gardens are integral to our communities. Theyare settings where celebrations are held, where social exchanges take place,where friends mix, where cultures run into each other, where nature thrives,and where people revive themselves from the stresses of urban living.

7. Conclusions

7.1 The Management Rules help to support the responsible enjoyment of the Citysparks and greenspaces. The proposed changes clarify rights of access and willensure that the rules comply with the Land Reform (Scotland) Act 2003.

8 Recommendations

8.1 It is recommended that the Committee:

a) Notes the work to date on the new draft management rules andapproves full consultation with Parks Friends Groups, Community

Councils, Neighbourhood Partnerships and the wider public;

b) Notes that a report detailing the outcome of this consultation will bebrought to Committee in 2012.

Mark TurleyDirector of Services for Communities

Appendices 1. Management Rules for Public Parks (2003 2013)

2. Draft set of new Management Rules3. Caring for Edinburghs Parks Sign (A3 Colour Copy available in the

Group Room)4. Looking after your Park Sign (A3 Colour Copy available in the

Group Room)

Contact/tel/Email David Jamieson, Parks & Greenspace ManagerTelephone 0131 529 7055; Email [email protected]

Wards affected City Wide

Single OutcomeAgreement

Single Outcome 11: We have strong, resilient and supportivecommunities where people take responsibility for their own actions andhow they affect others.

BackgroundPapers

Management Rules for Public Parks (2003)Draft Management Rules for Public Parks (2013)


4/10

4

Appendix 1: Existing Park Rules

THE CITY OF EDINBURGH COUNCIL

MANAGEMENT RULES FOR PUBLIC PARKS (2003)

The City of Edinburgh Council in exercise of the powers conferred on them by Section112 of the Civic Government (Scotland) Act 1982 hereby make the followingManagement Rules for the Councils Parks and Gardens:-

1. In these Management Rules the following words have the meanings given tothem:-

Council means The City of Edinburgh Council;

Park means any land provided, owned, leased, occupied or managed by theCouncil within the City of Edinburgh and used as a recreation ground, publicplayground, public open space, public golf course, public walk, walkway,woodland, ornamental or pleasure ground or gardens and all buildings andworks connected therewith;

Water course means any Loch, Pond, River, Burn or Stream;

Notice means a notice or sign exhibited by order of the Council;

Council Official means an employee of the Council or of Edinburgh Leisure orany other person authorised by the Council to enforce these Rules;

2. The following acts are prohibited within any park:-

1. Failing to follow any directions for the control of traffic or persons givenby a Council Official or by a notice;

2. Failing to remove a vehicle if asked to do so by a Council Official;

3. Racing or training horses or other animals;

4. Going on any enclosure, flower bed or shrubbed area

5. Going on or throwing objects on any iced water course.

6. Climbing any tree, railing, fence or structure of any kind except playequipment;

7. Swimming, bathing or wading in or polluting any water course orfountain, except for children playing in Council paddling pools;


5/10

5

8. Sailing any boat, yacht or other craft (including model boats and yachts)in any water course, except in those provided by the Council for thatpurpose;

9. Playing or practising any games or engaging in any form of sport orexercise if asked by a Council Official not to or where prohibited by anotice;

10. Operating any mechanically propelled toy or model machine includingmodel aircraft (so as to give reasonable cause for annoyance to anyother person or if asked by a Council Official not to);

11. Attaching a rope or swing to any tree or structure or playing on such arope or swing;

12. Riding a bicycle, tricycle, scooter, skateboard or roller blades except

where vehicles are allowed or where such cycling, riding on a scooter,skateboarding, roller skating or roller blading is permitted. This ruledoes not apply to children aged ten years or younger accompanied byan adult;

13. Allowing a dog to foul in a public park unless the person in charge of thedog immediately removes the fouling;

14. Allowing a dog to enter in or on a childrens play area or sports playingfield situated within any public park;

15. Failing to keep a dog under proper control.

16. Depositing litter except in litter bins provided for the purpose.

17. Gambling or betting;

18. Drinking alcohol;

3. The following acts are prohibited within any park or building within a park,unless the Councils written permission (which may be conditional or

unconditional) has been obtained first, to avoid giving annoyance to other parkusers:-

1. Driving or using or leaving any car or other vehicle except on roads andin car parks provided by the Council for cars and vehicles. This Ruledoes not apply to prams and wheelchairs used for carrying children orinvalids;

2. Going into or being in a park when it is closed;

3. Making any public speech or holding any procession, parade,demonstration or other public meeting in any park except in the EastMeadows, Calton Hill or Leith Links, as long as and providing that in


6/10

6

those parksany instructions given by the Council or a Council Officialare complied with;

4. Displaying or handing out advertisements or giving any display orperformances;

5. Selling of items or goods.

6. Playing at any organised game or sport on pitches provided by theCouncil;

7. Erecting any post, rail, fence, tent, pole, booth, screen, stand, swing orsimilar structure;

8. Discharging or using any firearm, firework or other weapon or missile;

9. Climbing any steep rock or cliffs;

10. Camping or parking a caravan or motor caravan;

11. Lighting any fires or barbecues;

12. Flying of kites where overhead power lines are present or there is adanger to other park users.

13. The operation of fairgrounds, circuses or other events.

4. No person shall in any park wilfully obstruct, interrupt or annoy employees oragents of the Council in carrying out their duties.

5. Any written permission required by these Rules must be shown on request to aCouncil Official.

6. Any person challenged by a Council Official with a contravention of any ofthese Rules shall give his or her full name and address.

7. The Council may decide to waive any particular Rule at any time.

8. A person who appears to have broken any of these Rules may be required toleave the Park by a Council Official. A person may also be asked to leave apark for any other reasonable cause.

9. No person shall enter any park when requested not to do so by a CouncilOfficial or where prohibited by notice.


7/10

7

Appendix 2: Proposed Park Rules

The City of Edinburgh CouncilServices for Communities

Management Rules for Public Parks and Greenspace(2013)

The City of Edinburgh Council in exercise of the powers conferred on them by Section112 of the Civic Government (Scotland) Act 1982 hereby make the followingManagement Rules for the Councils Parks, Gardens and open spaces:-

a) In these management Rules the following wordshave the meanings given to them:-Council means The City of EdinburghCouncil;Park means any land provided, owned,leased, occupied or managed by the Councilwithin the City of Edinburgh and used as arecreation ground, public playground, publicopen space, public walk, walkway, woodland,ornamental or pleasure ground or gardens andall buildings and works connected therewith;Council Official means an employee of the

Council or of Edinburgh Leisure, or any personauthorised by the Council to enforce these rules;Code means the Scottish Outdoor Access

Code, the guidance on the Land Reform(Scotland) Act 2003.

b) Any person who appears to be breaking, hasbroken or is about to break any of thefollowing rules may be asked by a CouncilOfficial to leave the Park. Any personrefusing to leave will be guilty of an offence

and liable on summary conviction, to a finenot exceeding level 1 on the standard scale.

1. No person shall in any park wilfully obstruct,interrupt, verbally insult or annoy employees oragents of the Council in carrying out their duties.

2. Any written permission required by these rulesmust be shown on request to a Council Official.

3. The Council may decide to waive any particularRule at any time.

GeneralThe following Acts are prohibited

4.1 Behaviour which causes (or in the opinion of aCouncil Official is likely to cause) annoyance,offence, alarm or distress to any other park user.


8/10

8

4.2 Any wilful or careless act which damages orremoves any plant, tree, shrub, building,structure, equipment, furniture or fitting.

4.3 Depositing litter except in litter bins provided forthe purpose.

4.4 Pursuing any activity which endangers (or in theopinion of a Council Official is likely to endanger)any person or property.

4.5 Ball games in Princes Street Gardens, LauristonJapanese and Italian Gardens, or SaughtonGardens.

4.6 Fishing in any water course without permit.4.7 Depositing or leaving any substance or article

which is likely (in the opinion of a CouncilOfficial) to cause injury or damage to any personor property.

The following acts are prohibited unless the Councilswritten permission has been obtained first4.9 Entering into or wilfully remaining in a park when

it is closed to the public.4.10 Selling, hiring or offering for sale or hire any

items or goods or services.4.11 Displaying or handing out advertisements,

conducting surveys or giving any displays orperformances.

4.12 Begging or busking.

4.13 Engaging in any commercial activity whatsoever(including, without limitation, dog walkingservices, photography, filming and fitnesstraining services).

Dogs andHorses The following Acts are prohibited

5.1 Allowing a dog to enter in or on a childrens playarea or area of the park that is designated as adog free area.

5.2 Allowing dogs to foul in a public park unless theperson in charge of the dog immediately

removes the fouling (within the provisions of theDog Fouling (Scotland) Act 2003).

5.3 Failing to keep a dog under close control in anypark.

5.4 Failing to keep a dog under close control, at healor on a short lead when near young farmanimals and at nesting time (April July) inwoodlands, grasslands, moorland and at theseashore.

5.5 Allowing a dog to run onto sports pitches whenthese are in use.

5.6 Leading, riding, training or exercising a horse ina manner which falls short of the responsibilitiesin the Code.


9/10


10/10

10

BruntsfieldLinksGolf Course The following acts are prohibited for those not engaged

in the game of golf10 Going onto playing surfaces when these are in

use and onto greens at all times.

Expulsion andExclusionfrom Parks

11.1 Where a Council Official has reasonablegrounds for believing that a person hascontravened, is contravening or is about tocontravene any of these Management Rules,they may expel that person from the Park.

11.2 Where a Council Official has reasonable

grounds for believing that a person is about tocontravene any of these Management Rulesstaff may exclude that person from the Park

11.3 Where a person has persistently contravened orattempted to contravene these ManagementRules and in the Councils opinion is likely tocontravene them again the Council may decideto make that person subject to an exclusionorder for a specified period of up to one year.

11.4 An exclusion order made under Rule 11.3 shalltake effect on such date as the Council may

decide, being not less than 14 days after thedecision to make that person subject to anexclusion order. A person who has been madesubject to an exclusion order:i) shall be entitled to written notice of thedecision to make the exclusion order, containinga statement of the reasons for that decision; andii) shall be entitled to make written or oralrepresentations to the Council at any time up tothe time that the order would have taken effectbut for the representation being made.

CEC Draft Park Management Rules

Documents

Transcript of CEC Draft Park Management Rules