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| Cobh Town Council, Town Hall, Cobh, Co. Cork. Phone: 021 481 1307 FAX: 021 481 1732 Contact Us |
Parking Bye Laws 2008:COBH (TRAFFIC AND PARKING) BYE LAW 2008WHEREAS:- Cobh Town Council in exercise of the powers vested in it by Section 36 of the Road Traffic Act 1994 (No. 7 of 1994) and all other enabling powers desires to make a Bye-Law for the regulation of traffic and parking within the functional area of Cobh Town Council. NOW Cobh Town Council in exercise of the powers conferred on it by Section 36 of the Road Traffic Act 1994 and all other Statutory powers in that behalf HEREBY MAKES THE FOLLOWING BYE-LAW: - 1. This Bye-Law shall be cited as the Cobh (Traffic and Parking) Bye-Law 2008 and shall apply to the streets in the Functional Area specified in the Schedule annexed hereto 2. In this Bye-Law except where the context otherwise requires, the following words and phrases shall have the following meanings respectively: - a. The “Act of 1961“ means the Road Traffic Act 1961 (No. 24 of 1961) b. The “Act of 1968“ means the Road Traffic Act 1968 (No. 25 of 1968) c. The “Act of 1993“ means the Roads Act 1993 (No. 14 of 1993) d. The “Act of 1994“ means the Road Traffic Act 1994 (No. 7 of 1994) e. The “1997 Road Traffic Regulations” means the Road Traffic (Traffic and Parking) Regulations, 1997 (SI No. 182 of 1997) f. The “1997 Sign Regulations” means the Road Traffic (Signs) Regulations 1997 (SI No. 181 of 1997) g. The “2003 Bye-Law” means the Cobh (Traffic and Parking) Bye-Law 2003 and any variations thereto h. “Operative Date” means 1 September, 2008, which is a date that is more than 30 days after the date on which this Bye-Law is made. i. “Authorised Person” means a person appointed by the Council pursuant to Article 67 of this Bye-Law, a Traffic Warden or a member of An Gardai Siochana. j. “Business hours” means the period from 9.00 a.m. to 6.00 p.m. on any day which is not a holiday or a Sunday (excluding Christmas Eve). k. “Construction Parking Permit” means a permit issued by the Council to the owner or occupier of property adjoining or near to a public road pursuant to Article 46 of this Bye-Law. l. “Council” means Cobh Town Council. m. “Disabled Persons Parking Space” means a place on a public road intended for the parking of a vehicle on or in which there is displayed a Disabled Persons Parking Permit. n. “Disabled Persons Parking Permit” means a permit issued in accordance with Article 43 (2) of the 1997 Road Traffic Regulations and for the time being in force. o. “Disc Parking Space” means a place on a public road where the parking of vehicles is subject to the Display of a Valid Parking Disc. p. “Display” means to exhibit clearly a document on a vehicle so that the document is visible and legible from the exterior of the vehicle. q. “Doctors Parking Permit” means a permit issued by the Council to a doctor entitled to practice medicine in Ireland and who practices medicine in the functional area. r. “Doctors Parking Space” means a Parking Space intended for the exclusive parking of registered medical practitioners and at the start and end of which a sign with the words “Doctor only” is provided by the Council and which sign may be accompanied by an Information Plate. s. “Functional Area” means the town of Cobh. t. “goods vehicle” means a vehicle used exclusively for carrying goods and taxed for commercial purposes. u. “holiday” means Good Friday or any day that is a public holiday for the purpose of the Organisation of Working Time Act 1997 (No. 20 of 1997) v. “Information Plate” means a plate accompanying a Traffic Sign or other sign provided by the Council which indicates the period during which the restriction or prohibition indicated by such Traffic Sign or other sign provided by the Council applies. w. “Motor Cycle Parking Space” means a place on a public road intended for the exclusive parking of motorcycles and at the start and end of which a sign provided by the Council with the words “Motor Cycles only” is provided. x. “Parking Disc” means a disc or document, or a combination of both, issued by the Council (or by any other Local Authority in the County or City of Cork for a fee which is not less than the fee charged by the Council) for a fee by means of a dispensing machine or otherwise having marks or symbols capable of indicating the year, month, day and time when the said disc or document, or combination of both, becomes a Valid Parking Disc y. “parking bay” has the meaning assigned to it by Article 18 of the 1997 Sign Regulations z. “Parking Permit” means a Parking Disc or a Pay Parking Ticket; aa. “Parking Space” means a place on a public road designated by a Traffic Sign or other sign provided by the Council and/or Information Plate as being a place for the parking of vehicles subject to the provisions of this Bye-Law but shall not include a Disabled Persons Parking Space. bb. “Pay Parking Space” means a place on a public road where the parking of vehicles is subject to the Display of a Valid Pay Parking Ticket cc. “Pay Parking Ticket” means a ticket issued by the Council for a fee by means of a dispensing machine or otherwise which indicates the date and time of issue of the ticket and the time at which it ceases to be valid dd. “pedal cycle” and “pedal cyclist” have the meanings respectively assigned to them by the Act of 1961 ee. “public road” has the meaning assigned to it by Section 2(1) of the Act of 1993 ff. “Residents Parking Permit” means a permit issued by the Council to the registered owner of a vehicle. gg. “road” has the meaning assigned to it by Section 2 (1) of the Act of 1993 hh. “road regulation” has the meaning assigned to it by Section 95(1) of the Act of 1961 (as amended by Section 37 of the Act of 1994) ii. “road markings” means markings placed on the surface of the roadway with the authority of the Council. jj. “roadway” has the meaning assigned to it by Section 2(1) of the Act of 1993 kk. “roadworks” has the meaning assigned to it in Section 101(d) of the Act of 1961. ll. “traffic” does not include pedestrians. mm. “Traffic Sign” has the meaning assigned to it by Section 95 (1) of the Act of 1961 (as amended by the Road Traffic Act 1968 and Section 37 of the Act of 1994) and any definitions contained in the said sections of the said Acts as amended shall be deemed to be incorporated in this Bye-Law. nn. “Traffic Warden” has the meaning assigned to it by Section 2(3) of the Local Authorities (Traffic Warden) Act 1975 (No. 14 of 1975). oo. “Taxi” and “Wheelchair Accessible Taxi” have the meanings assigned to them in the Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 (SI No. 136 of 1995). pp. “Valid Doctors Parking Permit” means a Doctors Parking Permit which is Displayed: - (i) on the vehicle in respect of which it is issued and (ii) which continues to be in force at the time of such parking. qq. “Valid Parking Disc” means a Parking Disc which: (i) is perforated or otherwise marked as appropriate to the particular type of Parking Disc so as to indicate clearly the year, month, day in the month, hour of the day and minute of the hour (to the nearest following 5 minute period) of the commencement of a period of parking of the vehicle on which the Parking Disc is Displayed and (ii) indicates no other year, month, day, hour or minute and (iii) indicates that the vehicle is not so parked for a period in excess of the period for which it may be lawfully parked in the Parking Space in question as specified by the Traffic Sign and/or Information Plate relating to such Parking Space rr. “Valid Parking Permit” means either a Valid Parking Disc or a Valid Pay Parking Ticket as appropriate to the Parking Space in question. ss. “Valid Pay Parking Ticket” means a Pay Parking Ticket which: (i) is not invalid due to the expiry of time and (ii) is Displayed upon a vehicle which is not parked for a period in excess of the period for which it may be lawfully parked in the Parking Space in question as specified by the Traffic Sign and/or Information Plate relating to such Parking Space. pp. “Valid Residents Parking Permit” means a Residents Parking Permit which is Displayed: - (i) on the vehicle in respect of which it is issued where the vehicle in question is parked on the street specified thereon and (iii) which continues to be in force at the time of such parking. qq. “vehicle” means a mechanically propelled vehicle (other than a mechanically propelled wheelchair) and a pedal cycle. 3. A reference in this Bye-Law to the loading of goods shall be taken to include the supplying of fuel for the operation of a vehicle. 4. Descriptions given to Traffic Signs in the 1997 Sign Regulations are deemed to be incorporated in this Bye Law. For the avoidance of doubt any number referred to in association with a Traffic Sign in this Bye-Law shall be the number allocated to such sign in the 1997 Sign Regulations 5. For the purpose of this Bye-Law a pedestrian shall include a person in charge of a vehicle which is not mechanically propelled. 6. Reference to any statute, statutory instrument regulation or enactment shall be deemed to include any modification, substitution or re-enactment thereof for the time being in force. 7. Reference to the masculine gender herein shall be deemed to incorporate the feminine and neuter genders where the context so requires and vice versa. 8. Where reference is made in this Bye-Law to a Parking Space being “designated” for a particular purpose, such designation may be by means of a Traffic Sign or other sign provided by the Council, an Information Plate, road markings or other method of designation permissible by law from time to time. 9. The 2003 Bye-Law is repealed as and from the Operative Date 10. Save where otherwise expressly provided in this Bye-Law, a prohibition on parking imposed herein shall not apply to:- a. a vehicle being used in connection with the removal of an obstruction to traffic b. a vehicle being used in connection with the carrying out of roadworks c. a Fire Brigade, an Ambulance or an official vehicle being used by a member of the Garda Siochana in the performance of the duties of that member d. a vehicle which has been damaged or has broken down during the period necessary to effect repairs to the vehicle or remove it from the location e. a vehicle which stops at the edge of a roadway while a passenger is entering or leaving it. f. a vehicle upon which is Displayed a Doctor’s Parking Permit issued by the Council and which is being used by a registered medical practitioner in the course of providing medical treatment g. a public service vehicle picking up or setting down passengers in the course of its use. h. a vehicle being used by an employee of the Council in the performance of the duties of that person as an employee of the Council. 11. Subject to Article 12, where a vehicle is parked in a Parking Space (excluding a loading and unloading bay) during Business Hours, the following shall be Displayed on such vehicle for so long as the vehicle is parked in that Parking Space: a. A Valid Parking Disc where the vehicle is parked in a Disc Parking Space or b. A Valid Pay Parking Ticket where the vehicle is parked in a Pay Parking Space or c. A Valid Residents Parking Permit 12. The Display of a Valid Parking Permit on a vehicle parked in a Parking Space shall not be required for the first hour during which the vehicle in question is parked in such Parking Space. Such period of one hour shall be taken into account in assessing the maximum period of time during which the vehicle may be lawfully parked in the Parking Space in question. 13. A vehicle (excluding a vehicle upon which there is Displayed a Valid Residents Parking Permit) parked in a Parking Space during Business Hours shall not be so parked for longer than the period indicated as the maximum parking period for that Parking Space by means of an Information Plate accompanying Traffic Sign No. RUS 018. 14. Where a vehicle which has been lawfully parked in a Parking Space is subsequently lawfully parked in another Parking Space within the same street or road, the period to which the subsequent parking is restricted shall be reduced by a period equal to the period from the time indicated on the Valid Parking Permit as the time when parking first commenced to the time when the subsequent parking commenced. 15. Where a vehicle is parked is a Parking Space during Business Hours a person shall not interfere with a Parking Permit Displayed in or on the vehicle without the consent of the owner of such vehicle. 16. A vehicle parked in a Parking Space at a time, which is not during Business Hours, shall be removed from the Parking Space upon the commencement of Business Hours unless at such commencement and during the remainder of the period of parking, a Valid Parking Permit is Displayed on the vehicle. 17. A vehicle which had been parked in a Parking Space (in this clause called the “original Parking Space”) for the maximum parking period applicable to that Parking Space (as indicated by means of the Information Plate applicable to the original Parking Space) shall not be parked again in a Parking Space in the public road or street in which the original Parking Space is situated until at least a period of one hour has expired from the time when the vehicle last vacated the original Parking Space. 18. Parking Permits shall be issued by the Council by such means and through such agents or automated dispensing machines as the Council, in its absolute discretion deem appropriate. The Council shall be entitled to use the proceeds of sale of Parking Permits in such manner as the Council shall decide from time to time. 19. The fee for a Parking Disc shall be one euro (€1.00) [or such other fee as may be determined from time to time by the Council pursuant to a bye-law made in relation to the fees to be paid in respect of the parking of vehicles under the provisions of Section 36(3) of the Act of 1994] and each Parking Disc shall be valid for a maximum period of one hour. 20. The fee for a Pay Parking Ticket shall be one euro (€1.00) [or such other fee as may be determined from time to time by the Council pursuant to a bye-law made in relation to the fees to be paid in respect of the parking of vehicles under the provisions of Section 36(3) of the Act of 1994] for every hour or part of an hour during which the vehicle is parked. 21 A vehicle which is parked in a Parking Space during Business Hours shall, where parking bays are delineated on the road, by way of road markings or otherwise, be parked within the area comprising the parking bay in question. RESIDENTS PARKING SCHEME 22. A person shall be entitled to park a vehicle in a Parking Space without Displaying a Parking Permit and without limitation as to time if there is Displayed on the vehicle in question a Valid Residents Parking Permit for the road or street in which the vehicle is parked and provided that the vehicle in question is otherwise lawfully parked and is parked in compliance with any conditions attached to the Residents Parking Permit. 23. A Residents Parking Permit shall contain the following details: - a) The name of the Council b) The make and registration number of the vehicle to which the Residents Parking Permit relates. c) The date of expiry of the Residents Parking Permit d) The street(s) or road(s) to which the Residents Parking Permit relates e) The signature and description of the officer of the Council issuing the Residents Parking Permit 24. Application for a Residents Parking Permit shall be made on an authorised application form (an “application form”) to be obtained from the Council. The Council shall be entitled to fix and charge an administration fee for the processing of an application for a Residents Parking Permit. 25. A Residents Parking Permit shall be subject to such conditions as the Council shall deem appropriate in its absolute discretion. The Council shall not consider an application for a Residents Parking Permit unless: a. the applicant has submitted a fully completed application form and b. the applicant has discharged the application fee fixed by the Council for such applications and c. the applicant provides documentary evidence acceptable to the Council to vouch that the applicant is resident in the street or road in respect of which a Residents Parking Permit is sought and without prejudice to the generality of the foregoing the Council shall be entitled to specify on the application form the types or categories of documentary evidence which shall be satisfactory to it and d. the applicant is the registered owner of the vehicle in respect of which the Residents Parking Permit is sought or the applicant satisfies the Council that the vehicle in respect of which the Residents Parking Permit is sought is owned by the applicants employer or other third party who consents to the application and that the applicant is the main user thereof and provides evidence acceptable to the Council of such registered ownership or user. 26. The Council reserves the right in its absolute discretion to grant or refuse an application for a Residents Parking Permit. The Council may, in its absolute discretion, refuse to grant an application for a Residents Parking Permit for the street or road sought by the applicant but instead, in its absolute discretion, grant a Residents Parking Permit for a street or road which, in the absolute opinion of the Council, is in the immediate vicinity of the street or road in respect of which a Residents Parking Permit was sought by the applicant. 27. A Residents Parking Permit shall expire upon the earlier of the following dates: - a. The date upon which the holder ceases to reside at the address specified on the application form submitted by the holder of the Residents Parking Permit. b. The date specified in the Residents Parking Permit c. A period of one year from the date of issue 28. The renewal of a Residents Parking Permit shall be the responsibility of the applicant and the Council shall not be obliged to issue reminders in relation to the expiry of a Residents Parking Permit. The subsequent issue or renewal of a Residents Parking Permit shall not be a defence to a prosecution for an offence alleged to have been committed prior to the date of such issue or renewal. 29. The application fee for a Residents Parking Permit shall be twenty five euro (€25.00) or such other fee as may be determined from time to time by the Council a bye-law made in relation to the fees to be paid in respect of the parking of vehicles under pursuant to the provisions of Section 36(3) of the Act of 1994. 30. Where, during the life of a Residents Parking Permit, the holder of a Residents Parking Permit ceases to reside at the address specified on the application form or ceases to be the owner of the vehicle to which the Residents Parking Permit relates, then the holder shall return the Residents Parking Permit to the Council. 31. Where, during the period of validity of a Residents Parking Permit, (in this Article hereinafter called “the existing Residents Parking Permit”) the holder of the existing Residents Parking Permit disposes of the vehicle to which the existing Residents Parking Permit relates and substitutes another vehicle for the vehicle disposed of, such holder shall return the existing Residents Parking Permit to the Council and shall be entitled to receive a new Residents Parking Permit for the unexpired residue of the existing Residents Parking Permit in relation to the newly acquired vehicle but subject to the same terms and conditions as are contained in the existing Residents Parking Permit. The Council shall be entitled to charge an administration fee in the sum of five euro (€5.00) in respect of issuing the new Residents Parking Permit. MOTOR CYCLE PARKING PLACES 32. A motor cycle may be parked in a Motor Cycle Parking Space without obligation to Display a Valid Parking Permit for the time period specified on the Information Plate accompanying the Traffic Sign “Motor Cycles only”. No vehicle other than a Motor Cycle shall park in a Motor Cycle Parking Space. DOCTORS PARKING PLACES 33 No vehicle shall be parked in a Doctors Parking Space during the period indicated on the Information Plate accompanying such Doctors Parking Space save a vehicle upon which there is Displayed a Valid Doctors Parking Permit issued by the Council. The holder of a Valid Doctors Parking Permit be entitled to park such vehicle in a Doctors Parking Space without otherwise Displaying a Valid Parking Permit provided that the vehicle in question is otherwise lawfully parked and is parked in compliance with any conditions attached to the Doctors Parking Permit. 34. A Doctors Parking Permit shall contain the following details: - a) The name of the Council b) The make and registration number of the vehicle to which the Doctors Parking Permit relates. c) The date of expiry of the Doctors Parking Permit e) The signature and description of the officer of the Council issuing the Residents Parking Permit 35. Application for a Residents Parking Permit shall be made on an authorised application form (an “application form”) to be obtained from the Council. The Council shall be entitled to fix and charge an administration fee for the processing of an application for a Doctors Parking Permit. 36. A Doctors Parking Permit shall be subject to such conditions as the Council shall deem appropriate in its absolute discretion. The Council shall not consider an application for a Doctors Parking Permit unless: a) the applicant has submitted a fully completed application form and b) the applicant provides documentary evidence acceptable to the Council to vouch that the applicant is a doctor entitled to practice medicine in the State and practices medicine in the functional area and without prejudice to the generality of the foregoing the Council shall be entitled to specify on the application form the types or categories of documentary evidence which shall be satisfactory to it and c) the applicant is the registered owner of the vehicle in respect of which the Doctors Parking Permit is sought or the applicant satisfies the Council that the vehicle in respect of which the Doctors Parking Permit is sought is owned by the applicants employer or other third party who consents to the application and that the applicant is the main user thereof and provides evidence acceptable to the Council of such registered ownership or user. 37. The Council reserves the right in its absolute discretion to grant or refuse an application for a Doctors Parking Permit upon such terms and conditions as it may deem appropriate. 38. A Doctors Parking Permit shall expire upon the earlier of the following dates: - a) The date upon which the holder ceases to be entitled to practice medicine in the State or ceases to practice medicine in the functional area. b) The date specified in the Doctors Parking Permit 39. The renewal of a Doctors Parking Permit shall be the responsibility of the applicant and the Council shall not be obliged to issue reminders in relation to the expiry of a Doctors Parking Permit. The subsequent issue or renewal of a Doctors Parking Permit shall not be a defence to a prosecution for an offence alleged to have been committed prior to the date of such issue or renewal. 40. Where, during the life of a Doctors Parking Permit, the holder of a Doctors Parking Permit ceases to ceases to be entitled to practice medicine in the State or ceases to practice medicine in the functional area, then the holder shall return the Doctors Parking Permit to the Council. 41. Where, during the period of validity of a Doctors Parking Permit, (in this Article hereinafter called “the existing Doctors Parking Permit”) the holder of the existing Doctors Parking Permit disposes of the vehicle to which the existing Doctors Parking Permit relates and substitutes another vehicle for the vehicle disposed of, such holder shall return the existing Doctors Parking Permit to the Council and shall be entitled to receive a new Doctors Parking Permit for the unexpired residue of the existing Doctors Parking Permit in relation to the newly acquired vehicle but subject to the same terms and conditions as are contained in the existing Doctors Parking Permit. CONSTRUCTION PARKING PERMIT 42. The owner or occupier of property adjoining or near to a public road intending to carry out construction or refurbishment work to such property shall be entitled to apply to the Council for a Construction Parking Permit. 43. Notwithstanding any other Article herein, a Construction Parking Permit shall entitle the holder of such permit his servants, agents and contractors (“the Holder”) to park or place vehicles, skips and other construction equipment on the Parking Spaces specified in the Construction Parking Permit (“Construction Spaces”) without having to display a Valid Parking Permit thereon but subject to the terms and conditions specified in the Construction Parking Permit. A copy of the Construction Parking Permit shall be Displayed on the vehicles, skips and other construction equipment parked or placed on the Construction Spaces. 44. A time restriction on the maximum period of parking or use of a Parking Space (as set out on a Traffic Sign, Information Plate or otherwise) shall not apply to the use of Construction Spaces by the Holder of a Construction Parking Permit relating thereto save as specified in the Construction Parking Permit. 45. The Council shall not be under any obligation to reserve Construction Spaces for the Holder of a Construction Parking Permit relating thereto. The Council shall not be under any obligation to procure the removal of third party vehicles from Construction Spaces the subject of a Construction Parking Permit. 46. Application for a Construction Parking Permit shall be made in advance of commencement of construction/refurbishment work on an authorised application form (an “application form”) to be obtained from the Council. A Construction Parking Permit shall be subject to such conditions as the Council shall deem appropriate in its absolute discretion. The Council shall not consider an application for a Construction Parking Permit unless: a. the applicant has submitted a fully completed application form and b. at the time of making the application the applicant discharges the fee fixed by the Council for such applications. The fee for a Construction Parking Permit shall be €20 per parking space per day or part of a day for the duration of the Construction Parking Permit and c. the applicant satisfies the Council that proper provision is made for the safe passage of pedestrians and other road users, where applicable and d. details of the applicants public liability insurance. 47. The applicant for a Construction Parking Permit shall indemnify the Council its servants and agents against all legal liability in respect of loss damage actions proceedings claims demands costs damages liability and expense in relation to any injury to or the death of any person or physical damage to any property (including the roads and footpaths) arising directly or indirectly out of the granting of the Construction Parking Permit and the use of the Construction Spaces. 48. A Construction Parking Permit shall set out: a. the number and location of the Parking Spaces the subject of the Construction Parking Permit and b. the duration of the Construction Parking Permit and c. the identity of the Holder of the Construction Parking Permit d. details of all other conditions imposed by the Council. 49. All vehicles, skips and other construction equipment placed in Construction Spaces shall be wholly placed in the Parking Spaces or parking bays to which the Construction Parking Permit relates. 50. Vehicles, skips and construction equipment placed in Construction Spaces shall comply with all legislation regulations, rules and enactments otherwise relating thereto. 51. The issue of a Construction Parking Permit shall not exempt the holder thereof from procuring such other Permits, Licenses, Consents or Permissions as may otherwise be required by law in connection with the construction and/or refurbishment work being carried out by the Holder. Without prejudice to the generality of the foregoing the issue of a Construction Parking Permit shall not exempt the Holder of such permit from procuring any road closure or other licence necessary for the closure of a road or footpath. OFFENCES 52. Any person who contravenes or who attempts to contravene a provision of this Bye-Law or who prevents, attempts to prevent or encourages or incites any other person to prevent or attempt to prevent the exercise by an Authorised Person of a power conferred by this Bye-Law shall be guilty of an offence and upon conviction of an offence:- a. contrary to Article 69 shall be liable to a fine not exceeding €1,500 b. contrary to any other Article herein (excluding Article 69) shall be liable to a fine not exceeding €500. 53. For the avoidance of doubt nothing herein contained shall restrict or interfere with the jurisdiction of a Court as otherwise provided by law:- a. to endorse penalty points or b. to disqualify a person from holding a Driving Licence required to be held under Section 38 of the Act of 1961 upon the conviction of a person for an offence under this Bye Law. 54. Where, in relation to a vehicle, there is a contravention of this Bye-Law, each of the following persons shall be guilty of an offence: - a) The registered owner of the vehicle a) If the vehicle is the subject of a Hire/Drive agreement on the occasion in question, the person to whom the vehicle is hired under the Agreement and c) If the person who parked the vehicle is not its registered owner or the person to whom it is hired under a Hire/Drive Agreement, the first mentioned person in Article 45(c). 55. Where a person charged with an offence under this Bye-Law is the registered owner of the vehicle concerned, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that: - a) Such use was unauthorised or b) The vehicle was on that occasion the subject of a Hire/Drive Agreement 56. Where a person charged with an offence under this Bye-Law is the person to whom the vehicle concerned stood hired at the time of the commission of the offence, it shall be a defence for him to show that the vehicle was being used on the occasion in question by another person and that such use was unauthorised. 57. In any prosecution for an offence under this Bye-Law, a Traffic Sign, Information Plate and/or road markings at a Parking Space shall be presumed, until the contrary is shown by the accused, to have been properly placed there, to be visible, to point in the correct direction (where appropriate) and to be in good order. FIXED CHARGE NOTICE 58. Save in respect of an alleged offence contrary to Article 69 of this Bye-Law, where an Authorised Person has reasonable grounds for believing that an offence is being or has been committed by a person (the “Accused”) under this Bye-Law then such Authorised Person may, pursuant to Section 206 of the Local Government Act 2001, serve a Fixed Charge Notice (within the meaning of Section 206 aforesaid) on the Accused. 59. A Fixed Charge Notice may be served by an Authorised Person on the Accused by: (a) affixing the Fixed Charge Notice to the vehicle alleged to have been used in the commission of the offence or (b) personal service on the Accused or (c) by registered post. 60. The Fixed Charge Notice shall be in accordance with the requirements of Section 206 of the Local Government Act 2001 and shall specify the amount of the fixed charge payable and the period within which the fixed charge must be paid in order to avoid prosecution and may contain such additional information as the Council considers appropriate for an offence contrary to this Bye-Law. 61. The amount of the fixed charge payable under this Bye-Law shall be the greater of: (a) such sum as may be fixed by the Minister for the Environment Heritage and Local Government (or other appropriate Government Minister having responsibility for such matters) from time to time or (b) (i) in the case of an alleged offence where the fixed payment is received by the Council within 28 days of the date of the Fixed Charge Notice - €40.00 (forty euro); (ii) in the case of an alleged offence where the fixed payment is received by the Council within 56 days of the date of the Fixed Charge Notice - €60.00 (sixty euro); 62. Save in respect of an alleged offence contrary to Article 69 of this Bye-Law, a prosecution in respect of an offence under this Bye-Law will not be instituted – (a) during the period of 56 days beginning on the date of the Fixed Charge Notice, or (b) if the appropriate fixed charge specified in Article 61 accompanied by details of the Fixed Charge Notice to which the payment relates is received by the Council in respect of the offence during the appropriate period specified in Article 61, at all. 63. In the prosecution of an offence under this Bye-Law, it shall be presumed, until the contrary is shown that a fixed charge pursuant to a Fixed Charge Notice has not been made. 64. A Fixed Charge Notice that is affixed to a vehicle shall not be removed or interfered with except by a person to whom the notice applies. A person who contravenes this Article shall be guilty of an offence. 65. In a prosecution of an offence under this Bye-Law, where a Fixed Charge Notice is served, it shall be presumed, until the contrary is shown, that an accused person received the Fixed Charge Notice where it was served in accordance with Article 39, to which the offence relates. 66. Following the successful prosecution of a person accused of committing an offence under this Bye-Law, in addition to any fine or other penalty imposed by the Court, such person shall become liable to discharge the costs incurred by the Prosecutor in connection with the Prosecution aforesaid, such costs to be fixed by the Court. 67. The Council shall be entitled to appoint persons to enforce this Bye-Law. A Certificate signed by the Town Clerk, Acting Town Clerk, Town Manager or other authorised officer of the Council certifying the appointment of such person shall be admissible in Court as evidence of such appointment. 68. The performance by the Council of its functions under this Bye-Law shall not render the Council subject to any liability in respect of loss or damage to any vehicle in a Parking Space or elsewhere or the contents of such vehicle. 69. Any person who threatens, verbally abuses or causes to be in fear for his safety, an Authorised Person or who obstructs such Authorised Person in the performance of his duties herein shall be guilty of an offence. 70. In the prosecution of an offence under this Bye-Law, the Bye-Law may be proved in the manner specified in Section 203 of the Local Government Act 2001. SCHEDULE (of Streets) Dated the _____ day of _________________ 2008 Present when the seal of Cobh Town Council was affixed hereto: _________________________ MAYOR ____________________________ MANAGER ______________________________ TOWN CLERK |
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