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TI+E/29/11-12/SfC

Management Rules for Public Parks and Greenspace 2013 - 2023

Transport, Infrastructure and Environment Committee
27 September 2011

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Purpose of report To present to Committee the draft Management Rules for Public Parks and Greenspace to replace the current set of Management Rules which are due to expire in 2013, and to seek approval for full consultation with stakeholders, Neighbourhood Partnerships and the wider public. Summary Parks and greenspaces are integral to our communities. They serve as a stage for our public lives, are settings where celebrations are held, where social exchanges take place, where friends mix, where cultures overlap, where nature thrives and where people revive themselves from the stresses of urban living. Research evidence shows that good quality parks encourage respect and positive behaviours, whereas, a decline in the condition of a park and the loss of facilities will result in increased anti-social behaviour. Although not a mandatory requirement, for many years the Council has operated a series of Management Rules for Public Parks, made under Section 112 of the Civic Government (Scotland) Act 1982. These have provided the Council with a range of enforcement powers to deal with a number of undesirable activities or actions in the citys public parks, gardens and greenspaces. The introduction of the Land Reform (Scotland) Act 2003 encourages responsible use of open space and good behaviour in public parks will in future need be principally encouraged through awareness and education measures. Therefore, the way that the Council encourages responsible use of parks and other green spaces, needs to reflect this approach. However, there may still be exceptional circumstances when some level of enforcement is required and Management Rules provide the legal basis for this. If the Management Rules are to be retained, they need to be revised and updated to reflect the land Reform Act and the associated Scottish Outdoor Access Code.

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Main Report The current Management Rules (Appendix 1) were sealed with the City of Edinburgh Council in 2003, and continue in force. Section 112 of the 1982 Act sets out the process for making management rules. The Council is required to give 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 any objectors to be heard. Management rules come into force on the date of their execution or any later date as specified in the rules and shall, unless revoked, continue in force for a period of ten years from that date. The Land Reform (Scotland) Act 2003 (the 2003 Act) gives people a general right of access to almost all land in Scotland, including public parks. This right of access is conditional on the person exercising this right responsibly (i.e. so as not to cause unreasonable interference to any of the rights of another person). Guidance of this responsible access is provided by Scottish Natural Heritage in the Scottish Outdoor Access Code. The Management Rules have therefore been revised to take account of the 2003 Act and reflect contemporary issues in Parks. A draft of the revised rules can be found in Appendix 2. In keeping with the 2003 Act and to reflect the ethos of the Outdoor Access Code, the Council has, over the last two years, trialled new signage in all parks, entitled Caring for Edinburghs Parks (Appendix 3). These signs provide detail on what constitutes responsible behaviour in relation to a variety of activities, and have been well received by the public. Once the revised Management Rules have been approved, it is intended to enhance and update these signs, including more detail on how the Council cares for its parks - with reference to the Parks and Greenspace Service Standards (Appendix 4). This information will replace the list of management rules presently displayed at most park entrances and form the principal method of encouraging responsible behaviour. However, as the revised Management Rules must be publicly displayed, it is proposed that from 2012 they be included on the Council website, and details on where to see them noted on relevant park signage. 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. Financial Implications There are no financial implications as any costs will be accommodated within existing budgets. Equalities Impact 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 impact assessment. It is considered that the management rules support and promote responsible use and enjoyment of the citys parks and greenspace for all users. 2

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Environmental Impact Publicly accessible parks and gardens are integral to our communities. They are 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. Conclusions The Management Rules help to support the responsible enjoyment of the Citys parks and greenspaces. The proposed changes clarify rights of access and will ensure that the rules comply with the Land Reform (Scotland) Act 2003. Recommendations It is recommended that the Committee: a) Notes the work to date on the new draft management rules and approves full consultation with Parks Friends Groups, Community Councils, Neighbourhood Partnerships and the wider public; Notes that a report detailing the outcome of this consultation will be brought to Committee in 2012.

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b)

Mark Turley Director of Services for Communities

Appendices

1. Management Rules for Public Parks (2003 2013) 2. Draft set of new Management Rules 3. 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 Manager Telephone 0131 529 7055; Email david.jamieson@edinburgh.gov.uk

Wards affected Single Outcome Agreement

City Wide Single Outcome 11: We have strong, resilient and supportive communities where people take responsibility for their own actions and how they affect others.

Background Papers

Management Rules for Public Parks (2003) Draft Management Rules for Public Parks (2013) 3

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 Section 112 of the Civic Government (Scotland) Act 1982 hereby make the following Management Rules for the Councils Parks and Gardens:-

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In these Management Rules the following words have the meanings given to them:Council means The City of Edinburgh Council; Park means any land provided, owned, leased, occupied or managed by the Council within the City of Edinburgh and used as a recreation ground, public playground, public open space, public golf course, public walk, walkway, woodland, ornamental or pleasure ground or gardens and all buildings and works 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 or any other person authorised by the Council to enforce these Rules;

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The following acts are prohibited within any park:-

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Failing to follow any directions for the control of traffic or persons given by a Council Official or by a notice; Failing to remove a vehicle if asked to do so by a Council Official; Racing or training horses or other animals; Going on any enclosure, flower bed or shrubbed area Going on or throwing objects on any iced water course. Climbing any tree, railing, fence or structure of any kind except play equipment; Swimming, bathing or wading in or polluting any water course or fountain, except for children playing in Council paddling pools; 4

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Sailing any boat, yacht or other craft (including model boats and yachts) in any water course, except in those provided by the Council for that purpose; Playing or practising any games or engaging in any form of sport or exercise if asked by a Council Official not to or where prohibited by a notice; Operating any mechanically propelled toy or model machine including model aircraft (so as to give reasonable cause for annoyance to any other person or if asked by a Council Official not to); Attaching a rope or swing to any tree or structure or playing on such a rope or swing; 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 rule does not apply to children aged ten years or younger accompanied by an adult; Allowing a dog to foul in a public park unless the person in charge of the dog immediately removes the fouling; Allowing a dog to enter in or on a childrens play area or sports playing field situated within any public park; Failing to keep a dog under proper control. Depositing litter except in litter bins provided for the purpose. Gambling or betting; Drinking alcohol;

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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 park users:-

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Driving or using or leaving any car or other vehicle except on roads and in car parks provided by the Council for cars and vehicles. This Rule does not apply to prams and wheelchairs used for carrying children or invalids; Going into or being in a park when it is closed; Making any public speech or holding any procession, parade, demonstration or other public meeting in any park except in the East Meadows, Calton Hill or Leith Links, as long as and providing that in 5

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those parks any instructions given by the Council or a Council Official are complied with; 4. Displaying or handing out advertisements or giving any display or performances; Selling of items or goods. Playing at any organised game or sport on pitches provided by the Council; Erecting any post, rail, fence, tent, pole, booth, screen, stand, swing or similar structure; Discharging or using any firearm, firework or other weapon or missile; Climbing any steep rock or cliffs; Camping or parking a caravan or motor caravan; Lighting any fires or barbecues; Flying of kites where overhead power lines are present or there is a danger to other park users. The operation of fairgrounds, circuses or other events.

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No person shall in any park wilfully obstruct, interrupt or annoy employees or agents of the Council in carrying out their duties. Any written permission required by these Rules must be shown on request to a Council Official. Any person challenged by a Council Official with a contravention of any of these Rules shall give his or her full name and address. The Council may decide to waive any particular Rule at any time. A person who appears to have broken any of these Rules may be required to leave the Park by a Council Official. A person may also be asked to leave a park for any other reasonable cause. No person shall enter any park when requested not to do so by a Council Official or where prohibited by notice.

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Appendix 2: Proposed Park Rules

The City of Edinburgh Council Services for Communities

Management Rules for Public Parks and Greenspace (2013)

The City of Edinburgh Council in exercise of the powers conferred on them by Section 112 of the Civic Government (Scotland) Act 1982 hereby make the following Management Rules for the Councils Parks, Gardens and open spaces:a) In these management Rules the following words have the meanings given to them:Council means The City of Edinburgh Council; Park means any land provided, owned, leased, occupied or managed by the Council within the City of Edinburgh and used as a recreation ground, public playground, public open space, public walk, walkway, woodland, ornamental or pleasure ground or gardens and all buildings and works connected therewith; Council Official means an employee of the Council or of Edinburgh Leisure, or any person authorised by the Council to enforce these rules; Code means the Scottish Outdoor Access Code, the guidance on the Land Reform (Scotland) Act 2003. Any person who appears to be breaking, has broken or is about to break any of the following rules may be asked by a Council Official to leave the Park. Any person refusing to leave will be guilty of an offence and liable on summary conviction, to a fine not exceeding level 1 on the standard scale. No person shall in any park wilfully obstruct, interrupt, verbally insult or annoy employees or agents of the Council in carrying out their duties. Any written permission required by these rules must be shown on request to a Council Official. The Council may decide to waive any particular Rule at any time.

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The following Acts are prohibited 4.1 Behaviour which causes (or in the opinion of a Council Official is likely to cause) annoyance, offence, alarm or distress to any other park user. 7

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Any wilful or careless act which damages or removes any plant, tree, shrub, building, structure, equipment, furniture or fitting. Depositing litter except in litter bins provided for the purpose. Pursuing any activity which endangers (or in the opinion of a Council Official is likely to endanger) any person or property. Ball games in Princes Street Gardens, Lauriston Japanese and Italian Gardens, or Saughton Gardens. Fishing in any water course without permit. Depositing or leaving any substance or article which is likely (in the opinion of a Council Official) to cause injury or damage to any person or property.

The following acts are prohibited unless the Councils written permission has been obtained first 4.9 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 or performances. 4.12 Begging or busking. 4.13 Engaging in any commercial activity whatsoever (including, without limitation, dog walking services, photography, filming and fitness training services). Dogs and Horses The following Acts are prohibited 5.1 Allowing a dog to enter in or on a childrens play area or area of the park that is designated as a dog free area. 5.2 Allowing dogs to foul in a public park unless the person in charge of the dog immediately removes the fouling (within the provisions of the Dog Fouling (Scotland) Act 2003). 5.3 Failing to keep a dog under close control in any park. 5.4 Failing to keep a dog under close control, at heal or on a short lead when near young farm animals and at nesting time (April July) in woodlands, grasslands, moorland and at the seashore. 5.5 Allowing a dog to run onto sports pitches when these are in use. 5.6 Leading, riding, training or exercising a horse in a manner which falls short of the responsibilities in the Code. 8

Barbecues, Fire and Camping

The following Acts are prohibited 6.1 Lighting barbecues in areas or in a manner likely to burn or scorch the ground or cause danger or nuisance to other park users or neighbouring residents. 6.2 Failing to remove litter associated with barbecues and picnics. The following acts are prohibited unless the Councils written permission has been obtained first 6.3 Lighting an open fire in any park. 6.4 Camping.

Cycling The following acts are prohibited 7.1 Cycling at speeds or in a manner likely to endanger other park users. 7.2 Cycling off the paths in woodland and other areas sensitive to environmental damage. Motor Vehicles

The following acts are prohibited unless the Councils written permission has been obtained first 8.1 Driving or using or leaving any car, motorbike, quad bike, mini moto, or other vehicle; or parking a caravan, except on roads and in car parks provided by the Council for cars and vehicles, unless the Councils permission has been obtained first. This rule does not apply to prams and wheelchairs used for carrying children or people with a disability. The following acts are prohibited 8.2 Operating any motorised or mechanically propelled toy or model vehicle, aircraft or boat so as to endanger or give annoyance to other people or if asked by a council official not to do so.

Events and Other Activities

The following acts are prohibited unless the Councils written permission has been obtained first 9.1 Holding an event, performance, ceremony in any park, or a demonstration or public meeting in any park except East Meadows, Calton Hill or Leith Links. 9.2 Carrying, or discharging any firework or firearm. 9.3 Playing any organised game or sport on pitches provided for hire by the Council. 9

Bruntsfield Links Golf Course

The following acts are prohibited for those not engaged in the game of golf 10 Going onto playing surfaces when these are in use and onto greens at all times.

Expulsion and Exclusion from Parks 11.1 Where a Council Official has reasonable grounds for believing that a person has contravened, is contravening or is about to contravene any of these Management Rules, they may expel that person from the Park. Where a Council Official has reasonable grounds for believing that a person is about to contravene any of these Management Rules staff may exclude that person from the Park Where a person has persistently contravened or attempted to contravene these Management Rules and in the Councils opinion is likely to contravene them again the Council may decide to make that person subject to an exclusion order for a specified period of up to one year. An exclusion order made under Rule 11.3 shall take effect on such date as the Council may decide, being not less than 14 days after the decision to make that person subject to an exclusion order. A person who has been made subject to an exclusion order: i) shall be entitled to written notice of the decision to make the exclusion order, containing a statement of the reasons for that decision; and ii) shall be entitled to make written or oral representations to the Council at any time up to the time that the order would have taken effect but for the representation being made.

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