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Public Inquiry
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Indymedia Ireland is a volunteer-run non-commercial open publishing website for local and international news, opinion & analysis, press releases and events. Its main objective is to enable the public to participate in reporting and analysis of the news and other important events and aspects of our daily lives and thereby give a voice to people.

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LITTER AND PARKS BYE-LAWS A SHOCKING ATTACK ON CIVIL LIBERTIES

category galway | environment | press release author Wednesday August 27, 2003 16:51author by Connolly - Galway Labour Party Report this post to the editors

Cllr. Connolly voices her objections to the proposed bye-laws in advance of tonight's Public Meeting at Menlo Park

Labour Party City Councillor, Alderman Catherine Connolly has described as an ‘attack on civil liberties’ the proposed bye-laws on litter and parks and open spaces. Speaking ahead of a public meeting on the new bye-laws in Galway tonight, Cllr Connolly said the changes would criminalise positive activities in the city and clamp down on people’s right to assembly.

“The proposed prohibition on the distribution of leaflets and handbills in Galway city is draconian in the extreme and is an affront to the constitutional right to freedom of expression. Community or political groups will not be able to distribute leaflets about public meetings or other events”, she said.

“Similarly, the proposed Parks and Open Spaces Bye-Laws 2003 will have the effect of criminalising positive behaviour by citizens. For example, it will be a criminal offence, other than in designated areas, to swim, to roller-blade, or to participate in any musical performance under these proposals. As of today, no areas have yet been so designated.

“These plans by Galway City Council are unique in local Government in Ireland. If there are concerns about littering and other problems, this is the wrong approach to adopt on the part of the local authority. The public meeting tonight is designed to galvanise public opposition to these proposals.

“The Parks and Open Spaces Bye-Laws will come before the Council for discussion on 7th September and the Labour members will be opposing them in their totality. This is an attack on civil liberties and an attempt to make criminals out of law-abiding citizens who wish to use the public space for peaceful activities”, she added.

author by cfpublication date Wed Aug 27, 2003 17:03author address author phone Report this post to the editors

Labour's Councillors in Galway City Council, Catherine Connolly and Tom Costello are opposed to the proposed bye-laws.

People should contact the FF,FG, and PD Councillors in Galway City and ask them what's their position on this issue.

Remind them that the proposed bye-laws are counter to the UN Declaration of human rights, particularly Article 19 and 20 (www.un.org./Overview/rights.html)




Senator Fintan Coogan (FG)
Menlo Park, Gawlay
Ph: 091-764282
Email: fintan_coogan@oireachtas.irlgov.ie

Val Hanley (FF)
The Lantern Inn
Ballybane, Galway
Ph: 091-755308
Email: vhanly@cllr.galwaycity.ie

Michael Leahy (FF)
15 Dublin Road
Renmore, Galway
Ph: 091-755395
mleahy@cllr.galwaycity.ie

Padraic McCormack TD (FG)
3 Renmore Park, Galway
Ph: 091-753992
Email: padraic_mccormack@oireachtas.irlgov.ie

Declan McDonnell (PD)
4 Tara Grove, Monivea Road, Galway
Ph: 091.753770
Email: dmcdonnell@cllr.galwaycity.ie

Terry O’Flaherty (PD & Lord Mayor)
11 Seagrove, Ballyloughnane Road
Renmore, Galway
Ph: 091.752172
Email: toflaherty@cllr.galwaycity.ie

Angela Lupton (FG)
32 Sycamore Drive, Highfield Park
Ph: 091.523882
email: alupton@cllr.galwaycity.ie
or: alupton@indigo.ie

Michael O’hUiginn (FF)
Taylors Hill, Galway
Ph: 091.2108
mohuiginn@cllr.galwaycity.ie

Martin Quinn (FF)
134 Dangan Heights, Dangan Upper
Newcastle, Galway
Ph: 091.524877
Email: mquinn@cllr.galwaycity.ie

Paul Colleran (PD)
10 D’Alton Drive, Salthill
Ph: 091.522470
Email: pcolleran@cllr.galwaycity.ie

Sen. Margaret Cox (FF)
7 Fr. Griffin Road, Galway
Ph: 091.520440
Email: margaret.cox@oireachtas.ie

Donal Lyons (PD)
23 Knocknacarra Park, Knocknacarra
email: dlyons@cllr.galwaycity.ie

John Mulholland (FG)
1 Revagh Road, Salthill
Ph: 091.523739
email: jmulholland@cllr.galwaycity.ie

author by R Isible - 1 of IMC Editorial Group - Indymedia Irelandpublication date Wed Aug 27, 2003 18:38author address author phone Report this post to the editors

is at the bottom of this post. A list of councils is here: councillors.ie and a nationwide clickable map to find councillors is here

Related Link: http://www.galwaycity.ie/content/council_members.asp
author by Orla Ni Chomhraipublication date Fri Aug 29, 2003 14:21author email nichomhrai at eircom dot netauthor address author phone Report this post to the editors

The meeting on Wednesday night (about the Bye Laws) was attended by around 100 people. There is to be a protest outside City Hall on Monday the 8th of September, at 6pm, where a meeting of the Council is to take place.

Here are some extracts of the proposed laws:

PARKS AND OPEN SPACES BYELAWS,2003

1 . Definitions



"Parks" refers to the parks provided and maintained by Galway City Council, and identified in the First Schedule to these byelaws.

"Recreational open space" mean all recreational land and water, including buildings, promenades, beaches, woodlands, parks and public opens space, either controlled or in the charge of Galway City Council.

.....

3. Traffic

[e] No person shall cycle or use any skateboard, roller-skates, roller blades or other " non-motorised vehicle[other than a wheelchair] on recreational open space except on such routes and in such places as may be designated by the Council for this purpose, from time to time.

.....

5. General provisions relating to use of recreational open space.

[a] The Council may restrict certain activities on recreational open space to such times, and such areas as may be designated.

[b] No person, other than an employee of the Council, shall: ...

- climb any tree or shrub in the parks or climb any fence/ailing or wall in or bounding such space;

....

- erect or place any notices, or structures, including tents, camps and temporary structures, on recreational open space, without the written permission of the Council;

.....

- Operate on recreational open space any kite, model aeroplane,any other object designed for controlled flight, any model sailing vessel, or any model mechanically propelled vehicle, except in areas designated for such objects by the Council, and in accordance with the terms and conditions of such designation;
- Swim, or fish, in any area of recreational open space, except in areas which may be designated for such use by the Council, and in accordance with the terms and conditions of such designation;

- Hold or address a public meeting or religious service on recreational open space involving not less than 100 people except with the written permission of the Council;

...- Consume intoxicating liquor on recreational open space, save with the permission in writing of the Council;

6.Activities subject to regulation.

....

Musical or artistic performances

[e] No person shall organise, conduct or participate in any musical performance (whether vocal or instrumental),concert, dance, circus act, parade or other artistic performance or like entertainment on recreational open space except with the permission in writing of the Council and in accordance with the terms and conditions

of such permission.

[f] The Council may designate areas of recreational open space as suitable for musical, artistic or other performances, and may restrict such performances to such designated areas.

[g] No person shall use any recreational open space for the purpose of making a film,or television programme save with the permission in writing of the Council and in accordance with the terms and conditions of such permission.

[h] The Council may designate areas of recreational open space in which the use of the use of radios, compact disc players, or tape players is not permitted.

..

Games and Athletics

[j] No person, club or organisation shall organise or take part in any field game, athletic pursuit or other sport save in such areas as the Council designate for such purpose, and then only subject to and in accordance with such conditions as may be imposed by the Council from time to time, or as directed by and employee of the Council

8. Offences and Penalties

[a] It shall be lawful for an employee of the City Council to enforce these byelaws, to issue directions to any person in respect of these byelaws, to request any person who is contravening, or appears to be contravening any provision of these byelaws, to refrain from any activity or to leave the recreational open space, and to exclude or remove any person failing to comply with such request

[b] Any person who contravenes a provision of these byelaws shall be guilty of an offence, and shall be liable on summary conviction to a fine not exceeding €1,270.

[c] If the contravention of a provision of any of these bye-laws is continued after conviction, the person causing the contravention shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding €127 per day.

d] A person who obstructs or impedes, or refuses to comply with a request of an employee of the Council acting hi the exercise of the functions conferred on him/her by these byelaws shall be guilty of an offence.

[e] Where an employee of the Council is of the opinion that a person is committing or has committed an offence under these byelaws, the employee of the Council may demand the name and address of such person and if that demand is refused or the person gives a name or address which is false or misleading, that person shall be guilty of an offence.

[fj Where a member of the Garda Siochana is of the opinion that a person is commiting or has committed an offence to which these byelaws relate, that member may arrest, or arrange for the arrest of, the person without warrant

[g] An offence under these byelaws may be prosecuted by Galway City Council or by a member of the Garda Siochana,

h] A person believed to have contravened any of these byelaws may be served with a notice specifying a fixed payment not exceeding €63.50 hi respect of a contravention of these byelaws as an alternative to a prosecution for this contravention. Notice of the fixed payment shall be in the general form of the notice set out in the Second Schedule to these byelaws. Any person on whom a notice is served hi accordance

with this byelaw shall pay the amount specified in the notice within the period specified in the notice.

 
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