PART IV

Littering-Related Matters

15. —(1) The owner, occupier or person in charge of a mobile outlet that is used wholly or partly for the sale of produce, food or drink shall, at all times when the outlet is open to customers—

(a) provide and maintain adequate litter receptacles in order to prevent the creation of litter at or in the vicinity of the outlet while it is in operation,

(b) ensure that any litter caused by the operation of the outlet is removed from the vicinity within a reasonable distance not exceeding a distance of 100 metres from the location of the outlet, and

(c) comply with the conditions set out in any notice under subsection (2) served on the owner, occupier or person in charge, as the case may be.

(2) A local authority may, in relation to any public place at or in which a mobile outlet referred to in subsection (1) is to be located and operated, by notice require the owner, occupier or person in charge of the outlet, in addition to the requirements of subsection (1), to comply with such conditions in relation to the location and operation of the outlet as the local authority deems necessary for the prevention or removal of litter at or in the vicinity of the outlet.

(3) A person who contravenes subsection (1) or fails to comply with a notice directed to the person under subsection (2) shall be guilty of an offence.

16. —(1) Without limiting the application of section 6 (4), where it appears to a local authority that special measures are required to be taken by an occupier of any premises to which this section applies in order to prevent or limit the creation of litter at the premises or on land in the vicinity thereof, or both, caused or likely to be caused by the operation of the business or undertaking of the occupier, the local authority may, by notice served on the occupier, require the occupier to take such measures at the premises or on land in the vicinity thereof as the local authority considers necessary to prevent or limit the creation of litter and provide for its removal.

(2) A notice under subsection (1)—

(a) shall identify the premises or the land in the vicinity thereof, or both, to which the notice relates,

(b) shall specify the measures required to be taken by the occupier to prevent or limit the creation of litter at the premises or on the land, or both, and to provide for its removal, and

(c) may specify that the occupier may, at the option of the occupier and in lieu of complying with the measures referred to in paragraph (b), make a financial contribution to the local authority in an amount specified in the notice towards the estimated cost to the local authority of collecting and removing the litter caused or likely to be caused by the operation of the business or undertaking of the occupier.

(3) A local authority shall, in determining the measures required to be taken by an occupier of premises pursuant to a notice under this section, in addition to such other factors as may be relevant in the circumstances, have due regard to—

(a) the nature and quantity of litter caused or likely to be caused at or on land in the vicinity of the premises, or both, which exceeds the nature or quantity that would ordinarily be caused if the occupier's business or undertaking was not being operated at those premises, and

(b) the duties of the local authority under this or any other Act in respect of the land in the vicinity of the premises.

(4) Before exercising any functions conferred on it by subsection (1), the local authority shall advise the occupier of the nature and extent of the measures that the local authority proposes to specify under subsection (2)(b) and provide the occupier with an opportunity within a specified time to make submissions in writing to the local authority in relation to the proposed measures, and the local authority, having considered any such submissions, may amend the proposed measures or confirm or revoke the proposed measures, and shall inform the occupier of such amendment, confirmation or revocation as soon as possible thereafter.

(5) An occupier of premises who is dissatisfied with any of the terms of a notice directed to the occupier under this section may, within 21 days after receipt of the notice, appeal the matter to the District Court having jurisdiction in the District Court district in which the premises or part of the premises are situated and the Court may confirm or annul the notice, confirm or vary any of the terms thereof or provide such other relief or impose such other requirement in relation to the notice and the occupier as the Court deems appropriate in the circumstances.

(6) An occupier on whom a notice has been served who—

(a) fails to comply with the measures specified therein referred to in subsection (2)(b), and

(b) is not relieved from the obligation to comply by virtue of having made to the local authority the specified financial contribution referred to in subsection (2)(c),

shall be guilty of an offence.

(7) Nothing in a notice directed to an occupier under this section shall be construed as requiring or authorising the occupier—

(a) to enter into or do anything in any place if the person who lawfully occupies the place does not permit the entry, or

(b) to collect or remove litter from a roadway at a time when it is open to vehicular traffic.

(8) Any financial contribution made to a local authority pursuant to this section shall be used by the local authority solely for the prevention and limitation of the creation of litter and the removal of litter in respect of the premises or land, or both, in relation to which the financial contribution is made.

(9) This section applies to an occupier of any premises that are used wholly or partly for the purposes of—

(a) the sale of confectionery, food or drink for consumption off the premises,

(b) the sale of food or drink for consumption on a part of the premises forming open land adjacent to or in the vicinity of the premises,

(c) the sale to the public of fuel for motor vehicles,

(d) a cinema, theatre, concert hall or leisure centre, an amusement arcade or an area for other indoor or outdoor sport or recreation,

(e) a financial institution, having automated equipment for withdrawals, deposits or payments located on an outside location at the premises,

(f) a bookmaking (gaming) business,

(g) a bus or rail station, airport or seaport,

(h) a public car park,

(i) a retail shopping centre,

(j) a public business or office park or an industrial or trading estate,

(k) a public market, whether on a public road, on public land or otherwise,

(l) a camping, caravan or mobile home site,

(m) a school or college,

(n) a right of way restricted to the use of rail vehicles, or

(o) such other purpose as may be prescribed.

(10) For the purposes of this section—

“land” means land adjoining the premises to which a notice under this section relates that is part of—

(a) any footway adjoining the land and forming, or forming part of, a public road, and

(b) any area of land forming part of a public road between any such footway and the roadway;

“land in the vicinity” means, in respect of premises of an occupier, land within a reasonable distance, as specified in a notice to the occupier under this section, not exceeding 100 metres of the premises.

17. —(1) Where it appears to a local authority that measures are required to be taken in order to prevent or limit the creation of litter in a public place or in a place that is to any extent visible from a public place caused, or likely to be caused, by the holding of an event or series of events at which large numbers of persons are likely to be present, the local authority may serve a notice on the person who is the promoter or organiser of the event or events or on such other person as appears to the local authority to be associated with the organisation of the event or events, requiring the person to take such measures as the local authority considers necessary to prevent or limit the creation of litter and provide for its removal.

(2) A notice under subsection (1)—

(a) shall specify the measures required to be taken before, during and after the event or events at or in the vicinity of the event or events by the person to whom the notice is directed to prevent or limit the creation of litter and provide for its removal,

(b) may require the person to whom the notice is directed to provide to the local authority, in a form approved by it, a deposit in an amount specified in the notice as security to be realised by the local authority in the event that the measures referred to in paragraph (a) are not taken by the person to the satisfaction of the local authority, and

(c) may specify that the person to whom the notice is directed may, at the option of the person and in lieu of complying with the measures referred to in paragraph (a) and with a requirement referred to in paragraph (b), make a financial contribution to the local authority in an amount specified in the notice toward the estimated cost to the local authority of collecting and removing the litter that will result from the event or events.

(3) Before serving a notice on a person under subsection (1), the local authority shall advise the person of the nature and extent of the measures that the local authority proposes to specify under subsection (2)(a) and provide the person with an opportunity within a specified time to make submissions in writing to the local authority in relation to the proposed measures, and the local authority, having considered any such submissions, may amend the proposed measures or confirm or revoke the proposed measures, and shall inform the person of such amendment, confirmation or revocation as soon as possible thereafter.

(4) A person on whom a notice has been served who—

(a) fails to comply with a requirement referred to in subsection (2)(a) or (b), and

(b) is not relieved from the obligation to comply by virtue of having made to the local authority the specified financial contribution referred to in subsection (2)(c),

shall be guilty of an offence.

(5) A local authority may take such steps as it considers reasonable and necessary in order to remedy any failure to comply by a person referred to in subsection (4)(a), and may recover the reasonable costs thereby incurred from the person as a simple contract debt in any court of competent jurisdiction.

(6) Any financial contribution made to a local authority pursuant to this section shall be used by the local authority solely for the prevention and limitation of the creation of litter and the removal of litter in respect of the event or events in relation to which the financial contribution was made.

18. —(1) Where it appears to a local authority that—

(a) measures are required to be taken in order to prevent or limit the creation of litter in a public place or in a place that is visible from a public place caused, or likely to be caused, by the holding of an event or series of events at which large numbers of persons are likely to be present,

(b) in the absence of steps being taken or operations being carried out by the local authority under this subsection, the creation of the litter will not be prevented or limited, and

(c) due to the timing of the event or series of events, it is not practicable for the local authority to exercise its powers under section 17 in relation to the event or series of events,

the local authority may take such steps or carry out such operations as it considers necessary to prevent or limit the creation of the litter.

(2) Where a local authority takes steps or carries out operations under subsection (1), it may recover the reasonable costs of such steps or operations as a simple contract debt in a court of competent jurisdiction from such person as the local authority satisfies the court is a person whose promotion of the event or series of events, as the case may be, necessitated such steps or operations.

19. —(1) Where any structure or other land, door, gate, window, tree, pole or post is in or is visible from a public place, a person who is not the owner, occupier or person in charge thereof shall not—

(a) exhibit or cause to be exhibited thereon any article or advertisement, or

(b) carry out or cause to be carried out any defacement thereof by writing or other marks,

unless the person is authorised in advance to do so in writing by such owner, occupier or person in charge or by or under any enactment.

(2) A person shall not place advertising material on a mechanically propelled vehicle in a public place without the prior consent of the person who owns, or is in charge of, the vehicle.

(3) Without limiting the liability of any other person under subsection (1) or (2), where there is a contravention of that subsection in relation to—

(a) an advertisement that pertains to a meeting or other event, the person who is promoting or arranging the meeting or event, or

(b) any other advertisement, the person on whose behalf the advertisement is exhibited,

shall be deemed also to have contravened that subsection.

(4) A local authority may, on such terms and conditions as may be agreed upon by it and the occupier concerned, in the case of an article, advertisement or defacement in its functional area in relation to which there is a contravention of subsection (1)—

(a) by its employees or agents, remove or obliterate all or a part of the article or advertisement or, as the case may be, remove or otherwise remedy the defacement, and

(b) for those purposes, by its employees or agents, enter on the structure or other land concerned or the structure or other land on which is situated the door, gate, window, tree, pole or post concerned.

(5) In a prosecution of a person in relation to a contravention of subsection (1) it shall not be necessary for the prosecution to show and it shall be assumed, in the absence of evidence to the contrary, that the person was not the owner, occupier or person in charge of the structure or other land, door, gate, window, tree, pole or post to which the contravention relates and was not authorised as referred to in subsection (1).

(6) A person who contravenes or is deemed to have contravened subsection (1) or (2) or who obstructs or impedes a local authority or its employees or agents acting in the exercise of the functions conferred on a local authority by subsection (4) shall be guilty of an offence.

(7) A prosecution shall not be brought in a case in which an offence under this section is alleged to have been committed in relation to an advertisement if—

(a) the advertisement is exempted development within the meaning of the Local Government (Planning and Development) Act, 1963, or is a notice displayed or erected in pursuance of a requirement by or under any enactment, or

(b) the advertisement—

(i) advertises a public meeting, other than an auction, or

(ii) relates to a presidential election within the meaning of the Presidential Elections Act, 1993, a general election or a bye-election, within the meaning, in each case, of the Electoral Act, 1992, a local election within the meaning of the Local Government Act, 1994, a referendum, within the meaning of the Referendum Act, 1994, or an election of representatives to the Assembly of the European Communities,

unless the advertisement has been in position for 7 days or longer after the day specified in the advertisement for the meeting or the latest day upon which the poll was taken for the election, bye-election or referendum concerned.

(8) In this section and in section 20 —

“occupier” in relation to a door, gate, window or tree, means the occupier of the structure or other land on which the door, gate, window or tree, as the case may be, is situated and, in relation to a pole or post, means the owner of the pole or post;

“structure” has the meaning assigned by the Local Government (Planning and Development) Act, 1963.

20. —(1) Where any structure or other land, door, gate, window, tree pole or post situated in the functional area of any local authority is in or is visible from a public place and it appears to the local authority that it is in the interests of amenity or of the environment of an area that any article or advertisement exhibited thereon should be removed or any defacement thereof by writing or other marks should be removed or otherwise remedied or that other specified steps should be taken in relation to the article, advertisement or defacement, as the case may be, the local authority may serve a notice on the occupier requiring the occupier—

(a) to remove the article or advertisement, or remove or otherwise remedy the defacement, or to take other specified steps in relation to the article, advertisement or defacement, as the case may be, and

(b) to take other specified steps to prevent a recurrence of the exhibition or defacement, as the case may be.

(2) A notice under subsection (1) shall—

(a) identify the structure or other land, door, gate, window, tree, pole or post to which it relates,

(b) state the grounds on which it is issued, and

(c) specify the time, not being a period of less than 7 days, within which it is to be complied with.

(3) An occupier on whom a notice under this section is served may, within such time as may be specified in the notice, make submissions in writing to the local authority concerned regarding the terms of the notice and the authority, after consideration of any such submissions, may amend the notice.

(4) An occupier on whom a notice under subsection (1) has been served shall, within the time specified in the notice, comply with its terms.

(5) Where an occupier contravenes subsection (4), the local authority concerned may, by its employees or agents—

(a) give effect to the terms of the notice, and

(b) where necessary for that purpose, by its employees or agents enter on the structure or other land concerned or the structure or other land on which is situated the door, gate, window, tree, pole or post concerned,

and may recover the expenditure reasonably incurred by it in so doing from the occupier as a simple contract debt in any court of competent jurisdiction.

(6) A local authority may, upon such terms and conditions as may be agreed upon by it and the occupier concerned, in the case of an article, advertisement or defacement to which subsection (1) applies—

(a) by its employees or agents remove the article or advertisement or remedy the defacement or, as may be appropriate, take other steps in relation to it, and

(b) for those purposes, by its employees or agents, enter on the structure or other land concerned or the structure or other land on which is situated the door, gate, window, tree, pole or post concerned.

(7) An occupier who contravenes subsection (4) or a person who obstructs or impedes—

(a) a local authority or its employees or agents acting in the exercise of the functions conferred on a local authority by subsection (5) or (6), or

(b) a person or the person's employees or agents while engaged in complying with the terms of a notice issued under subsection (1),

shall be guilty of an offence.

(8) In a prosecution for an offence in respect of a contravention of subsection (4), it shall be a defence to show that the exhibition of the advertisement concerned was in accordance with a permission under Part IV of the Local Government (Planning and Development) Act, 1963.

(9) Any development, within the meaning of the Local Government (Planning and Development) Act, 1963, carried out pursuant to a notice issued under subsection (1), shall be exempted development within the meaning of that Act.

21. —(1) A local authority may, where it deems it necessary for the purpose of preventing the creation of litter, by bye-law prohibit or regulate the distribution to the public of advertising material or specified categories of advertising material.

(2) A bye-law under subsection (1) shall not apply to—

(a) the distribution of advertising material by means of a direct delivery to a place having an address, or

(b) the distribution of advertising material relating to a presidential election within the meaning of the Presidential Elections Act, 1993, a general election or a bye-election, within the meaning, in each case, of the Electoral Act, 1992, a local election within the meaning of the Local Government Act, 1994, a referendum, within the meaning of the Referendum Act, 1994, or an election of representatives to the Assembly of the European Communities.

(3) A bye-law under subsection (1) shall be made in accordance with, and shall be construed for the purposes of its enforcement as if it were made under, Part VII of the Local Government Act, 1994.

22. —(1) Where faeces has been deposited by a dog in any place to which this subsection applies, the person in charge of the dog shall immediately remove the faeces and shall ensure that it is properly disposed of in a suitable sanitary manner.

(2) Subsection (1) applies to a place that is—

(a) a public road,

(b) land forming part of a retail shopping centre,

(c) a school ground, sports ground, playing field or recreational or leisure area,

(d) a beach,

(e) the curtilage of a dwelling the occupier of which has not consented to the presence of the dog in the curtilage, or

(f) such other place as may be prescribed.

(3) Subsection (1) does not apply in respect of—

(a) a guide dog kept and used for the guidance of a blind person,

(b) a working dog being used—

(i) for the herding of livestock, or

(ii) by a member of the Garda Síochána or the Customs and Excise service in connection with the official functions of the member, or

(c) a dog in such other circumstances as may be prescribed.

(4) A person who contravenes subsection (1) shall be guilty of an offence.