In response to several comments and constructive criticisms from various people, I have amended my draft bye-law to ban smoking in children’s playgrounds in Dún Laoghaire-Rathdown.
The following are the amendments I intend to make at tonight’s Council meeting (9th May 2011):
(a) in section 4, to insertion of the words “a playground or” after the word “in”;
(b) in section 5, paragraph (c), to substitute “10” for “50”;
(c) in section 7, to substitute “€500” for “€1,904.60”;
(d) in section 8, paragraph (a), to substitute “€500” for “€1,904.60”;
(e) in section 9, to substitute “€200” for “€1,904.61”;
(f) in section 11, to substitute “€50” for “€150”.
The amended draft bye-law will therefore read as follows:
Dún Laoghaire-Rathdown County Council
Bye-Law for the Prevention of Smoking in Certain Areas 2011
Dún Laoghaire-Rathdown County Council, in exercise of the powers conferred on it by Part 19 of the Local Government Act 2001, hereby makes the following bye-law relating to the prevention of smoking in certain areas within its administrative area.
Part 1 – Preliminary and definitions
Bye-law area 1.— (1) This bye-law shall apply to the administrative area of Dún Laoghaire-Rathdown County Council, (hereinafter referred to as “the Council”) as defined by section 10 0f the Local Government Act 2001 .
(2) Any reference in this bye-law to an act or regulation shall include a reference to that act or regulation as amended.
Definitions 2.— In this bye-law—
(1) “authorised person” means a person authorised by the Council to perform, on behalf of the Council, the functions of the Council for the purpose of this bye-law, any employee of the Council, or a member of An Garda Síochána;
(2) “children” means minors or persons aged less than eighteen years;
(3) “the Council” means Dún Laoghaire-Rathdown County Council as defined by section 11 and Schedule 5 of the Local Government Act 2001;
(4) “playground” means an area designated and equipped by the Council for recreation by children specifically and shall include designated areas in the following locations—
(a) Marlay Park, Rathfarnham;
(b) the People’s Park, Dún Laoghaire;
(c) Library Road, Dún Laoghaire;
(d) Cabinteely Park;
(e) Blackrock Park, including Booterstown and Williamstown parks;
(f) Loreto Park, Rathfarnham;
(g) Meadowlands Community Centre;
(h) Ballawley Park;
(i) Belarmine, Stepaside;
(j) Leopardstown Heights;
(k) The Gallops, Leopardstown;
(m) Carysfort Park;
(n) Springhill/Mount Albany;
(o) Killiney Hill Park;
(p) Sallynoggin playing fields;
(q) Kilbogget Park;
(r) Loughlinstown Community Centre;
(s) Shanganagh Park, including Shanganagh Regional Park and Shanganagh Park House Community Centre;
(5) “smoke”, in relation to a tobacco product, means burning or lighting and includes sniffing, chewing or sucking of such a product;
(6) “tobacco product” means—
(a) any product consisting, in whole or in part, of tobacco, that is intended to be smoked,
(b) a tobacco product within the meaning of the Finance (Excise Duty on Tobacco Products) Act, 1977 (inserted by section 86(1) of the Finance Act, 1997),
(c) any cigarette paper, tube or filter manufactured for use in the smoking of tobacco, other than a medicinal product within the meaning of the Irish Medicines Board Act, 1995.
(7) “vicinity of a playground” means an area, which does not form part of the playground, outside the playground but within a reasonable distance, not exceeding 50 metres of the playground.
Citation 3.— This bye-law shall be known as the Bye-Law for the Prevention of Smoking in Certain Areas 2011.
Part 2 – Prevention of Smoking in Certain Areas
Smoking ban 4.— A person shall not, in a playground or the vicinity of a playground, smoke any tobacco product.
Notice of ban 5.— The Council shall cause to be displayed, in whatever form it deems appropriate, at a given playground, a notice which shall—
(a) notify persons of the making of this bye-law;
(b) inform persons of the penalty or penalties for contravening this bye-law; and
(c) and a warning that this bye-law applies for up to 10 metres of that playground.
Other statutes 6.— Nothing in this bye-law shall be construed as diminishing a person’s statutory responsibilities under other statutes.
Part 3 — Offences & Enforcement
Offence 7.— A person who contravenes any provision of this bye-law shall be guilty of an offence under section 205(1) of the Local Government Act 2001 and shall be liable on summary conviction to a fine not exceeding €500.
Warning 8.— An authorised person may—
(a) warn any person who appears to be contravening or to have contravened a provision of this bye-law that to so contravene this bye-law is an offence under section 205(1) of the Local Government Act 2001 and that the person shall be liable on summary conviction to a fine not exceeding €500;
and / or
(b) demand of any person who appears to be contravening or to have contravened a provision of this bye-law to cease, desist and refrain from such contravention.
Obstruction 9.— A person who obstructs or impedes or refuses to comply with a request of an authorised person acting in the exercise of the functions conferred on an authorised person by Part 19 of the Local Government Act 2001 shall be guilty of an offence under section 204(3)(a) of the said Act of 2001, and shall be liable on summary conviction to a fine not exceeding €200.
Name & address 10.— (1) Where an authorised person is of the opinion that a person has contravened or is contravening this bye-law, the authorised person, on production of proof of his or her identity and written authorisation from the Council, may demand the name and address of such a person.
(2) Where a person the subject of a demand under subsection (1) of this section—
(a) refuses to comply with a lawful demand from an authorised person under this section,
(b) knowingly gives to an authorised person a name or address which is false or misleading,
that person shall be guilty of an offence under section 204(3)(b) of the said Act of 2001.
Notice of penalty 11.— (1) Where the Council has a reasonably held belief that any person is in contravention of, or has contravened, any provision of this bye-law, it may, in its absolute discretion (and without prejudice to section 12 of this bye-law) pursuant to section 206 of the Local Government Act 2001, serve on such person a Fixed Payment Notice, specifying a fixed payment, as an alternative to a prosecution for such contravention. The amount of the fixed payment is €50 and the said fixed payment must be paid within 21 days of the date of service of such Fixed Payment Notice if such person is to avoid a prosecution.
(2) Any person served with a Fixed Payment Notice is entitled to disregard such notice and defend a prosecution of the alleged contravention in court.
Prosecution 12.— Where the Council has a reasonably held belief that any person is in contravention of, or has contravened, any provision of this bye-law, it may, in its absolute discretion pursuant to section 207 of the Local Government Act 2001, bring a prosecution against such a person in the Dublin Metropolitan District Court.