Local Facilities
A council may erect nameplates and street names. They may be in English or any other language. It may erect a second name in another language.
In deciding whether or not to exercise its powers to name a street in another language, it shall have regard to the views on the matters expressed by the occupier.
A person who obscures, pulls down, or defaces a nameplate, erects a different nameplate, or an authorized nameplate is guilty of an offence subject to a fine at level 2 of the standard scale.
Where a council has exercised its powers in relation to a street, the occupier of each house and other building shall ensure that the house is at all times marked with such a number as the council may approve. The council may serve a notice if a person fails to comply with this obligation. A person failing to comply with a notice is guilty of an offence subject to a fine at level 2 of the standard scale.
The council may itself do what the person is obliged to do and recover the cost as a civil debt.
Local authorities may adopt for letting and allotments any land they have acquired. They may drain, fence, and divide the land, make approaches to it, and erect temporary storehouses as they see fit. They may do whatever is necessary to maintain the same and the allotments.
Land used for the purpose of allotments may be let under the following conditions:
- No allotment is to be more than 1/8th of an acre.
- No person shall become the tenant of more than one allotment, nor shall any allotment be let to a person who, apart from the provisions, is in occupation of land of more than 1/8th of an acre.
- In the selection of tenants, the local authority shall, as between tenants who are equally suitable, give preference to applicants who, by reason of unemployment and the number of persons depending on them, are in poor circumstances.
- The allotments may be allocated by lot among the selected applicants. Allotments may not be assigned without the written consent of the local authority, nor may they be sublet or possession parted with.
Allotments shall be let at rents that may reasonably defray the expenses of the local authority in connection with the allotment. Tenants shall be required to enter into an agreement in a prescribed form, undertaking to cultivate the allotment in accordance with regulations and pay the fixed rent. If the allotment cannot be let in accordance with the above provisions, they may be let to any person at the best annual rent obtainable, without premium or fine, on terms that allow possession to be resumed within 12 months if required for the allotment.
Any tenant who, within three weeks after the allotment has been allocated, has not made reasonable progress in cultivation or has not properly cultivated the allotment within a reasonable period, as determined by the local authority, or fails to pay the rent, shall forfeit the allotment, and the local authority shall be entitled to take and recover possession. One week’s notice is required before the allotment is forfeited. A person from whom an allotment is forfeited is disqualified from obtaining another allotment under the legislation.
The local authority may purchase and supply manures, agricultural equipment, seeds, etc., and within six months, it may recover the sums due for the supply.
The local authority shall make regulations regarding the cultivation of allotments, the preservation of good order on allotments, the prohibition of keeping live animals, and the prescription of anything required by the Act and prescribed by the local authority. Copies of the regulations must be displayed in a conspicuous place.
Summary jurisdiction applies to the recovery of allotments, and sums due by way of rent for allotments are recoverable as small debts.
The local authority may assist associations in providing allotments, make grants and loans for such purposes, and let land to an approved Association for allotment purposes. It is an offense, subject to summary conviction and a penalty at level 1 on the standard scale, to damage an allotment or any crops, fences, or anything growing on it due to local authority negligence or otherwise. A notice must be displayed at or near the allotment specifying the application of this provision.
A council may provide and maintain a crematorium. No cremation shall be carried out in a crematorium provided under the legislation until it has been certified to the Department by the council to be complete and properly equipped.
The Department may make regulations in relation to crematoria, including maintenance and inspection, conditions for cremations, disposition and interment of ashes, forms of notices, registrations, notification.
A council may fix charges or fees in connection with cremations. Breach of the regulation is an offence subject to summary conviction at level of the standard scale.
A District Council may make bye-laws regulating pleasure fairs. They may regulate hours of opening; means of ingress and access; prevention of nuisance; preservation of sanitary conditions, cleanliness, order, and public safety.
They may provide for prevention of outbreaks of fire which may endanger stalls, structures, stands, or caravans used in connection with sleeping accommodation in connection with a public fair and for the reduction of the risks of fire.
Contravention of the bye-law is an offence subject to summary conviction at level 4 on the standard scale with the possibility of a continuing offence.
Pleasure fair means any place other than the place for which an entertainments licence is in force, which is used wholly or mainly for providing any entertainment of the type below. This covers circuses; exhibitions of human beings or performing animals; merry-go-rounds, swings; shooting galleries, bowling alleys; roller skating rinks; dodgems; automatic machines for entertainment; and anything similar.
The Department shall not confirm bye-laws unless satisfied that bodies representative of the interests of those who carry on pleasure fairs and entertainments have been consulted.
Bye-laws may be made in relation to seaside pleasure boats. For the purpose of preventing danger, obstruction, or annoyance to persons bathing in the sea or using the seashore, a District Council may make bye-laws regulating the speed of pleasure boats; regulating the use of pleasure boats so as to prevent their navigation in a dangerous manner or without due care and attention or without reasonable consideration for others; or requiring the use of effectual silencers on pleasure boats propelled by internal combustion engines.
Breach of the bye-laws is an offence similar in scale to the above.
A bye-law under the legislation shall have effect not only within the district of the council but also where parts of the district are bounded or are in the seaward of the high-water mark of mean tides, as respects an area of the sea which is outside the district within 1,000 meters seaward of any place within its district.
A District Council may, for the purpose of performing its functions under the Public Health Acts, serve a notice on the occupier of land or any person directly or indirectly in receipt of rents, requiring him to state in writing the nature of his ownership rights in the land.
A person who fails without reasonable excuse to comply with the requirements or gives false or misleading information is guilty of an offence, subject to summary conviction to a fine not exceeding level 3 on the standard scale.
A burial ground under the Public Health Act may appropriate for the purpose of exclusive rights of burial the whole or any part of the burial ground decided by the board.