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(ii) A reference to a vehicle in these Bye-Laws shall, unless otherwise pipe or apparatus for the supply of gas, oil, water or electricity or of a telecommunications line or the S C H E D U L E O F P U B L I C C A R P A R K S

COMHAIRLE CONTAE THIOBRAID ÁRANN

    THUAIDH

    NORTH TIPPERARY COUNTY COUNCIL

    DRAFT ROSCREA

     (PARKING PLACES) BYE LAWS 2010

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    NORTH TIPPERARY COUNTY COUNCIL, DRAFT

    ROSCREA (PARKING PLACES) BYE-LAWS, 2010.

The Mayor and Members of North Tipperary County Council, the Road

    Authority for the County of North Tipperary, in exercise of the powers

    conferred upon them by Section 4(2) and Section 36 of the Road Traffic Act,

    1994 (No. 7 of 1994) and having consulted with the Commissioner of the

    Garda Siochana hereby propose to amend the Bye-Laws in relation to the

    control and regulation of the parking of vehicles in the town of Roscrea.

PART I PRELIMINARY

1. These Bye-Laws shall be known as the North Tipperary Draft Roscrea

    (Parking Places) Bye-Laws, 2010.

2. These Bye-Laws shall come into operation one week after they have been

    adopted by Council.

3. These Bye-Laws apply to the area outlined on the attached map being the

     town of Roscrea.

4. (i) In these Bye-Laws:

    “the Act of 1961 means the Road Traffic Act, 1961 (No. 24 of 1961);

     “the Act of 1994” means the Road Traffic Act, 1994 (No. 7 of 1994);

    “the Road Traffic Acts” means the Road Traffic Acts introduced in

    1968,1994,1995, 2002, 2003, 2004, and 2006.

    “the Regulations of 1997” means the Road Traffic (Traffic and Parking)

    Regulations 1997 (S.I. No. 182 of 1997);

    “the Signs Regulations of 1997” means the Road Traffic (Signs)

     Regulations, 1997 (S.I. No. 181 of 1997);

     “the Council” means the Council of the County of North Tipperary.

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    “business hours” means the period from 9.00 a.m. to 6.00 p.m. on a

     day from Monday to Saturday inclusive which is not a holiday.

    “disabled person’s parking bay” has the meaning assigned to it in article 4

    of the Regulations of 1997;

     “disc parking place” has the meaning assigned to it in article 3 of the

     Signs Regulations of 1997.

     “goods vehicle” has the meaning assigned to it in Article 3 of the Signs

     Regulations,

     “holiday” means Good Friday or any day that is a public holiday as

     defined by the second schedule of the Organisation of Working Time

     Act, 1997 (No. 20 of 1997),

     “loading bay” has the meaning assigned to it in Article 42 of the

     Regulations of 1997 and is indicated by means of traffic sign No.

     RRM 009 of the Signs Regulations accompanied by information.

     “parking bay” has the meaning assigned to it in article 3 of the Signs

     Regulations of 1997 and identified by means of road markings as

     described in article 18 of the said Regulations;

     “parking disc” means a disc or document, or a combination of both,

     having marks or symbols capable of indicating the year, date and time

     when the disc, document or combination becomes a valid parking

     disc;

     “parking ticket” means a ticket issued by the Council by means of a

     parking ticket machine which indicates the date of issue of the ticket,

     and the time at which it ceases to be valid;

     “parking ticket machine” means a machine capable of automatically

     delivering a parking ticket when the fee prescribed is inserted into the

    machine,

     “public road” means that assigned to it by Section 2 (1) of the Roads

     Act, 1993.

     “street” a street is that area of public road as indicated on attached

     Schedule Map.

     “valid parking disc” means a parking disc which –

    a) has been issued by the Council or its agents

    b) has been 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 (to the nearest following five-

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    minute period) minute of the hour of the commencement of a period of

    parking of the vehicle in which the parking disc is exhibited in

    accordance with these Bye-Laws.

    c) Indicates no other year, month, day, hour or minute, and,

    d) Indicates that the vehicle is so parked for a period not exceeding the

    period for which it may be parked in a disc parking place in

    accordance with these Bye-Laws.

(ii) A reference to a vehicle in these Bye-Laws shall, unless otherwise

     specified mean a mechanically propelled vehicle within the meaning

     of Section 3 (1) of the Act of 1961 (other than a mechanically

    propelled wheelchair) and a pedal cycle.

(iii) A reference in these bye-laws to the loading of goods shall be taken

     to include the supplying of fuel for the operation of the vehicle.

(iv)(a) A reference in these bye-laws to a traffic sign means a reference

     to a traffic sign prescribed in the Signs Regulations of 1997 and

     any number referred to in association with a traffic sign shall be

     the number allocated to such sign in such Regulations.

     (b) Descriptions given to traffic signs in the Signs Regulations of

     1997 may be referred to in these bye-laws for the purpose of

     identification.

(v) A reference in these bye-laws to an information plate accompanying

     a traffic sign shall, unless otherwise specified, be a plate which shall

    indicate the period during which the restriction or prohibition

    indicated by such traffic sign applies.

    PART II DISC PARKING

5. (1) Where a vehicle is parked in a disc parking place during business

     hours the following shall be displayed in accordance with the provisions

     set out in this Bye-Law.

     (A) A “valid parking disc” in the following manner –

    (i) The valid parking disc shall be so exhibited in the interior

    of the vehicle that a person outside the vehicle can

    ascertain by reference to the perforations or markings when

    the parking commenced, and,

    (ii) The valid parking disc shall be exhibited in accordance

    with paragraph (A) (i) of this Bye-Law for so long as the

    vehicle is parked in that disc parking place,

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    (iii) A valid parking disc shall be displayed for every two hour

    period or part thereof during which the vehicle is parked in a

    disc parking place.

    OR

    (B) A “valid parking ticket” in the following manner –

    (i) a valid parking ticket issued in respect of the vehicle

    shall be so exhibited in the interior of the vehicle that a

    person outside the vehicle can ascertain by reference to

    the parking ticket when the parking ticket ceases to be valid

    and the parking ticket shall be so exhibited for so long as

    the vehicle is parked in a disc parking place, in accordance

    with the time limit prescribed in the bye-laws.

    (ii) The valid parking ticket shall be exhibited in accordance

    with paragraph (B) (i) of this Bye-Law for so long as the

    vehicle is parked in a disc parking place,

    (2) Where a vehicle being parked in a disc parking place during the

    specified period is a goods vehicle being so parked solely for the

    loading or unloading of goods, paragraph (5) (i) (A) or (B) of this

    Bye Law shall not apply until the expiration of thirty minutes after

    the commencement of the parking.

    6. A vehicle parked in a disc parking place during business hours

    shall not be parked for longer than the period indicated as the

    maximum parking period for that disc parking place by means of

    an authorised information plate accompanying traffic sign number

    RUS 18 (Restricted Parking) authorised by the Signs Regulations

    of 1997.

    7. Where a vehicle which had been lawfully parked in a disc parking

    place is subsequently lawfully parked in another disc parking place

    within the same public road, the period to which the subsequent

    parking is restricted by byelaw 6 of these byelaws shall be reduced

    by a period equal to the period from the time indicated on the

    parking disc or parking ticket to the time when the subsequent

    parking commenced.

    8. Where a vehicle is parked in a disc parking place during business

    hours a person shall not interfere with a parking disc or parking

    ticket exhibited in the vehicle.

    9. A vehicle parked in a disc parking place at a time which is not

     during business hours shall be removed from the disc parking

    place when a period of business hours commences, unless at such

    commencement and during the remainder of the period of parking,

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    a valid parking disc or parking ticket is exhibited in the interior of

    the vehicle in accordance with Bye-Law 5 of these Bye-Laws.

10. A vehicle which had been parked in a disc parking place for the

    maximum parking period referred to in Bye-Law 6 of these Bye-

    Laws shall not be parked again in a disc parking place on the public

    road in which that disc parking place is situated until at least one

    hour after the vehicle last vacated that disc parking place.

11. Parking discs shall be issued by the Council.

12. (a) The fee for a parking disc shall be as determined by the

    Council from time to time.

    (b) The fee for a parking ticket shall be as determined by the

    Council from time to time.

13. A vehicle which is parked in a disc parking place during business

     hours shall where parking bays are provided at that disc parking

     place be parked within the area comprising a parking bay.

14. A motor cycle or pedal cycle shall not be parked during

     business hours in a disc parking place.

15. A person shall not park a vehicle in a Disabled Person’s Parking

    Bay without having displayed thereon a Disabled Person’s Parking

    Permit and shall not park a vehicle in a disabled bay except for the

    convenience of the person to whom that permit was granted.

16. A mechanically propelled vehicle on which is displayed a

    Disabled Person’s Parking Permit granted in respect of such

    vehicle, shall be exempt from the requirement to display a valid

    parking disc or parking ticket specified in Bye-Law 5 of these Bye-

    Laws.

17. Parking in a loading bay is prohibited during business hours

    except for the loading and unloading of goods from a good vehicle.

18. Bye-Laws 5 to 15 and bye-laws, 17, 29 and 30 of these Bye-laws

    shall not apply to:

    (a) A vehicle being used in connection with the removal of an

    obstruction to traffic, the maintenance, improvement or

    reconstruction of a public road, the provision, alteration or

    repair of a main drain, pipe or apparatus for the supply of gas,

    oil, water or electricity or of a telecommunications line or the

    provision of a traffic sign.

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    (b) A fire brigade vehicle, an ambulance or a vehicle being used

    by a member of the Garda Síochána in the performance of

    the duties of that member

PART III RESIDENTS’ PARKING PERMITS

19. In this part of these Bye-Laws:

    “owner” means a resident who is the registered owner of the

    vehicle.

    “resident” means a person whose normal residence is a premises

    situated on a public road containing a disc parking place;

    “resident’s parking permit” means a document issued by the

    Council for the purpose of Bye-Laws 20 28 of these Bye-Laws

    and containing the particulars specified in Bye-Law 21 of these

    Bye-Laws;

    “valid resident’s parking permit” means a resident’s parking permit

    which relates to a particular street or streets and to a date which

    has not expired and which is issued by the Council.

20. Bye-Laws 5 to 16 (other than Bye-Law 13) of these Bye-Laws shall

    not apply to the parking of a vehicle in a disc parking place, other

    than a disabled persons parking bay, if there is displayed, in

    accordance with Bye-Law 22 of these Bye-Laws, in the vehicle

    when it is so parked, a valid resident’s parking permit which relates

    to the street in which the disc parking place is situated.

21. A resident’s parking permit shall contain the following particulars:

    (a) the name of the Council,

    (b) the name and registration number of the vehicle in respect of

    which it is issued,

    (c) the date of issue,

    (d) the street or streets to which it relates,

    (e) the period to which it relates, including the date of expiry,

    (f) the signature, and the description, of the officer of the Council

    issuing it.

22. The display, in accordance with Bye-Law 20 of these Bye-Laws of

     valid resident’s parking permit on the vehicle in respect

    of which the permit was issued, shall permit the owner of the

    vehicle (or any person using it with his/her consent) to park it

    without limitation as to time in a disc parking place in a street to

    which the permit relates.

23. A valid resident’s parking permit shall be so displayed in the

     interior of the vehicle in respect of which it is issued that it can

     be read from outside the vehicle.

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    24. Where a vehicle displaying a resident’s parking permit is parked

     In a disc parking place a person shall not interfere with the

     Permit.

    25. (1) A resident’s parking permit shall be issued by the Council in

     respect of the parking of a vehicle in a disc parking place in

     the functional area of the Council.

    (2) The for a resident’s parking permit shall be as determined by

    the Council from time to time.

    (3) A resident’s parking permit shall be issued by the Council in

     respect of the vehicle and for the road or roads to which the

     the permit relates.

    26. When, during the period to which a resident’s parking permit

     relates, the resident to whom it is issued ceases to reside at the

     address specified on the permit or ceases to be an owner by

     disposing of the vehicle to which the permit relates, he/she shall

     return it to the Roscrea Area Office, North Tipperary County

     Council. A refund of the fee or any part thereof shall not be

     made.

    27. Where, during the period to which a resident’s parking permit

     relates, the resident to whom it is issued disposed of the vehicle

     to which the permit relates and substitutes another vehicle for

     the one disposed of he/she shall return the permit to the

     Administrative Office, Roscrea, who upon payment of a fee of

     ?1.00 by the resident, shall either insert the make and

     registration number of the substituted vehicle on the permit or

     issue to the resident a new permit in respect of that vehicle, and

     such new permit shall be valid for the period specified.

PART IV CASUAL TRADING.

28. In this part

     “Casual Trading Byelaws” mean The Tipperary North Riding

    County Council Casual Trading Byelaws 1998.

     “Casual trading area” means the area specified in casual trading

    byelaw 2

     “special licence” means a licence of the kind contemplated by

    casual trading bye-law 3

     “trading day” means the day and hours specified in casual trading

    byelaw 4 together with the half hour next before and half hour next

    after the hours so specified on the days so specified.

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     “Vehicle” has the meaning given by casual trading byelaw 1

29. Parking o f any vehicle in the casual trading area is prohibited

    during any trading day except for parking in compliance with bye-

    law 7 of the casual trading bye-laws.

30. Parking is prohibited at any place to which a special licence applies

    while such licence is in force and for one hour before and one hour

    after the same unless and to the extent that such special licence

    makes provision for parking.

Dated this _________________ 2010.

Present when the Seal of North Tipperary County Council was affixed

    hereto.

__________________________

    Cathaoirleach

_____________________________

    Director of Services

_____________________________

    Nominated Officer

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    S C H E D U L E O F S T R E E T S

Abbey Street Air Hill

    Alley Lane Ballyhall Birr Road Bunkers’s Hill Carroll’s Row Castle Street Chapel Lane Church Street Convent Road Gantly Road Glebe View Goal Road Green Street Grove Street Limerick Road Limerick Street Lourdes Road Main Street Malt Vale Monastery Road New Line Old Dublin Road River Lane Rosemount Rosemary Street Rosemary Square St. Cronan’s Terrace The Crescent The Mall The Valley

    S C H E D U L E O F P U B L I C C A R P A R K S

    Dean Maxwell Car Park Gantly Road Car Park No. 1 Gantly Road Car Park No. 2 River Lane Car Park

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