Byelaws - Eldon Garden Walkways
The Council of the City of Newcastle Upon Tyne, in exercise of the powers conferred on it by Section 35 of the Highways Act 1980, and all other powers enabling it in that behalf, hereby makes the following Byelaws:-
Interpretation and Citation
1 (1) In these Byelaws :
"balustrade" means any balustrade, barrier, fence or railing but does not include any wall;
"building owner" has the meaning given to that expression in the Walkways Regulations 1973;
"the Council” means The Council of the City of Newcastle Upon Tyne;
"intoxicating liquor" includes spirits, methylated spirits, wine, beer, shandy, cider or perry, or any other fermented or spirituous liquor;
"invalid carriage" has the same meaning as in Section 185(1) of the Road Traffic Act 1988;
"vehicle" means any vehicle, whether mechanically propelled or not, but does not include an invalid carriage, a pedestrian-operated trolley or a perambulator for a child;
"the walkway” means any part of those ways dedicated as footpaths in accordance with Section 35 of the Highways Act 1980 and specified in the walkway agreement and (in addition) any wall, ceiling, door, window, pillar, post, pavement, floor, furniture, balustrade or other fitting forming part of or enclosing such ways, and a "walkway" means any of the walkways;
"the walkway agreement" means an agreement dated 28th September 1990 and made between the Council and Greycoat Eldon Garden Ltd in relation to certain land and premises commonly known as the Eldon Garden Development;
"the Walkway Regulations", means the Walkways Regulations 1973; SI 1973 No. 686 as amended.
(2) In proceedings for an offence under Byelaw 2 (16), it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(3) Nothing in these Byelaws shall make it unlawful for any action to be done if that act is done:
(a) by or with the consent of an Ambulance Officer, Fire Officer, Police Constable or a member of the Army Bomb Disposal Unit in the execution of his duty;
(b) by a person in the service of a council, statutory undertaking, sewerage authority or operator of a telecommunications code system in pursuance of the walkway agreement or of statutory powers or duties;
(c) by or with the authority of the building owner, or a lessee or sub-lessee of the building owner;
(d) by a person who is required to do that act in, on, over, under or to the walkways in pursuance of a statutory requirement or of a notice served under such a requirement; or
(e) by a person in accordance with Regulations made under the Police, Factories etc. (Miscellaneous Provisions) Act 1916.
(4) These Byelaws may be cited as the City of Newcastle upon Tyne (Eldon Garden Development) Walkway Byelaws 1993.
2. Prohibited Acts
No person shall, when on the walkways :-
(1) behave in a disorderly manner;
(2) spit, urinate or defecate;
(3) distribute or expose to view any book, magazine, newspaper, handout leaflet flysheet or other similar paper;
(4) display any advertisement, bill, notice, placard, advertising board, painting, sculpture or photographic representation or write or draw any figure, representation, word or words;
(5) hold any exhibition, meeting or demonstration or act in any way so as to collect a crowd in advance in writing;
(6) take up any collection not approved by the Council and the building owner in advance in writing;
(7) play any game so as to annoy, obstruct, endanger or imperil any person;
(8) tout or importune;
(9) deposit, drop or throw any litter except in a receptacle provided for that purpose;
(10) play or cause to be played any musical instrument unless having first obtained the written consent of the Council and the building owner;
(11) use any cassette player, record player, loud speaker, radio tape, recorder, television or other similar apparatus so as to give any person reasonable cause for annoyance provided that this shall not apply to prevent the use of permanent installations operated by the building owner for broadcasting music and announcements;
(12) consume any intoxicating liquor unless with the permission of the Licensing Magistrates and the building owner;
(13) throw or discharge any stone or other missile;
(14) climb or sit on any balustrade;
(15) intentionally obstruct any officer of the Council in the execution of his duty;
(16) cause or permit any animal belonging to him or under his control to enter or remain on the walkways, other than a dog under the control of a blind person or a dog trained to act as a hearing aid to accompany him;
(17) permit any dog belonging to him or under his control to foul the walkways;
(18) use or cause to be used on a walkway any roller skate, skateboard or other similar device;
(19) ride, drive or otherwise cause to be in motion any vehicle provided that this byelaw shall not apply to a person driving a vehicle on a walkway contrary to Section 34 of the Road Traffic Act 1988.
3. No member of the public shall enter or be upon a walkway at any time when it is closed pursuant to Regulation 5 of the Walkway Regulations or under the provisions of the walkway agreement.
4. No person reasonably suspected by a Police Constable or authorised officer of the Council of contravening any of these Byelaws shall fail to give on demand his name and address to that Police Constable or officer of the Council.
5. Any person offending against any of these Byelaws shall be liable on summary conviction to a fine not exceeding [£100].
The Common Seal of the Council of the City of Newcastle upon Tyne was hereunto affixed this 17 day of June 1993 in the presence of :
Assistant Director of Administration
The foregoing byelaws are hereby confirmed by the Secretary of State for Transport and shall come into force on 1 July 1994
Signed by authority of the Secretary of State
6 May 1994
R. M. Kimber
An Assistant Secretary in the Department of Transport
(This Note is not part of the Byelaws)
Regulation 5 of the Walkways Regulations 1973, to which Byelaw 3 refers, provides that the walkways, or any part of them, may be closed:-
(a) periodically, at such times as are specified in the walkway agreement, and
(b) temporarily, where the closure is necessary for the carrying out of building or repair works.
The walkway agreement provides that the walkways shall be closed to the public on Sundays,public holidays, any other days on which all shops in the Development are closed to business, such additional times on any day and for such purposes during those additional times as the building owner may from time to time direct and between the hours of 6.00 p.m. and 8.30 a.m. Monday to Saturday. Any unauthorised member of the public who is upon the walkways, or any part of them, when they are so closed, or when they are temporarily closed for building or repair works, is committing an offence against the Byelaws.