Byelaws - Eldon Square (High Friars Ext.) Walkways
Byelaws - Eldon Square (High Friars Ext.) Walkways
The City Council of Newcastle upon Tyne, in exercise of the powers conferred on them by Section 35 of the Highways Act 1980, and all other powers enabling them in that behalf, hereby make the following Byelaws:
1. (1) Interpretation and Citation
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 City Council 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" means an invalid carriage, as defined in section 20 of the Chronically Sick and Disabled Persons Act 1970, complying with the requirements, and being used in accordance with the conditions, prescribed by the Use of Invalid Carriages on Highways Regulations 1970;
"vehicle" means any vehicle whether mechanically propelled or not, but does not include an invalid carriage, a pedestrian-operated trolley used for carrying goods or merchandise to and from any premises in the Eldon Square Development or a perambulator for a child;
“the walkways” 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;
“the walkway agreement” means an agreement dated Twelfth day of March One thousand nine hundred and eighty seven and made between the Council, Mobax Securities Limited and Ian Richard Peregrine Liddell-Grainger in relation to certain land commonly know as 139/153 Grainger Street and 4/6 Nelson Street, Newcastle upon Tyne.
“the Walkways Regulations” means the Walkway Regulations 1973; SI 1973 No. 686 as amended.
(2) In proceedings for an offence under Byelaws 3(1) 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 being 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 lessee or sub-lessee of the building owner, in accordance with the walkway agreement of the Walkways Regulations;
(d) by 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 Council of Newcastle Upon Tyne Eldon Square Development (High Friars Extension) Walkway Byelaws 1987.
2.No person shall, when on the walkways, -
(1) behave in a disorderly manner;
(2) spit or urinate;
(3) tout or importune;
(4) distribute any book, magazine, newspaper, handout, leaflet, tract or other similar paper;
(5) display any advertisement, bill, notice, placard or advertising board;
(6) play or cause to be played a musical instrument unless having first obtained the written consent of the Council;
(7) use any cassette - or record player, loudspeaker, radio, tape-recorder, television or other similar apparatus so as to give any person reasonable cause for annoyance.
Provided that this byelaw shall not apply to prevent (i) the use of any such apparatus by any security officer employed by Mobax Securities Limited or their agents (ii) the use of the permanent installations of 139/153 Grainger Street and 4/6 Nelson Street, Newcastle upon Tyne for broadcasting music;
(8) consume any intoxicating liquor;
(9) drop or throw any litter except in a receptacle provided for that purpose;
(10) climb or sit on any balustrade;
(11) obstruct intentionally an Officer of the Council in the execution of his duty.
3.No person shall -
(1) cause or permit any dog, cattle, goat, ass, horse, mule, pony, pig or sheep belonging to him or under his control to enter or remain on the walkways provided that this Byelaw shall not apply to a blind person accompanied by a guide dog or to a deaf person accompanied by a dog trained to act as a hearing aid;
(2) permit any dog belonging to him or under his control to foul any walkway;
(3) take or cause to be taken on to the walkways, or use or cause to be used on the walkways, any vehicle, provided that this Byelaw shall not apply to a person driving a motor vehicle on the walkways contrary to Section 36 of the Road Traffic Act 1972;
(4) use or cause to be used on the walkways any roller skate skateboard or other similar device.
4.No member of the public shall enter or be upon any part of the walkways at any time when that part of the walkways is closed pursuant to Regulation 5 of the Walkways Regulations.
5.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 the Police Constable or Officer of the Council.
6. Any person offending against any of these Byelaws shall be liable on summary conviction to a fine not exceeding one hundred pounds (£100).
The Common Seal of the Council of the City of Newcastle upon Tyne was hereunto affixed this 20th day of August 1987 in the presence of :
S. Allan, Lord Mayor
V. A. Dodds, Assistant Director of Administration
The foregoing byelaws are hereby confirmed by the Secretary of State for Transport and shall come into force on 1 June 1988.
Signed by the authority of the Secretary of State
N. T. Rees, An Assistant Secretary in the Department of Transport
20 April 1988