Ashtead Common rules and byelaws

Byelaws made by The Mayor and Commonalty and Citizens of the City of London in pursuance of the Corporation of London (Open Spaces) Act, 1878 for the regulation and use of Ashtead Common.

In these byelaws, unless the context otherwise requires:

"The Common" means the area of land owned by the Corporation of London known as Ashtead Common in the County of Surrey;

"the Corporation" means the Mayor and Commonalty and Citizens of the City of London.

A person shall not in the Common:

1. brawl, fight, or create any disorder;
2. behave in an indecent manner;
3. use profane, indecent, obscene or offensive language;
4. carry any firearm or air or any other gun or pistol;
5. carry any instrument, crossbow, or catapult for the purpose of projecting any stone, ball or missile;
6. gamble, bet or play with cards or dice;
7. kindle or keep alight any fire or set fire to any substance whether growing or not;
8. place, throw or leave any lighted fuse, firework, match or other material to the danger of any building, article, tree, shrub or plant or of any person or persons;
9. enter or remain in the Common while intoxicated;
10. deposit or leave in the Common any material or rubbish;
11. except in an emergency land a helicopter or other aircraft in the Common or enter the Common therefrom;
12. engage in camping;
13. being one of an assemblage of persons, take photographs of still or moving subjects or otherwisefilm activities on the Common for the purpose of or in connection with a business, trade orprofession or employment or any activity carried on by a body of persons whether corporate orotherwise, unless in pursuance of an agreement with the Corporation;
14. take part in any public meeting for the purpose of discussing any subject political or religious orotherwise, or preach or deliver any public address, or take part in any parade, assembly, march ordemonstration unless in pursuance of an agreement with the Corporation;
15. exercise as volunteers or carry out any military or other exercises on any part of the Commonexcept with the leave of the Corporation and on such parts as they have set aside for the purpose;
16. bring or cause to be brought on the Common or allow or suffer to remain on the Common any cattle, horse, mule, pony, pig, sheep, goose, duck, fowl or any other animal except in pursuance of a written agreement with the Corporation or otherwise in the exercise of any lawful right or privilege;
17. shoot, hunt, kill, chase, trap or otherwise disturb any animal, bird or insect not otherwise subject to protection;
18. ride or exercise a horse over the Common save where such riding or exercising is permitted as of right or authorised by the Corporation;
19. ride or exercise a horse or other animal to the danger of the public or other animals lawfully on the Common.

A person shall not in the Common without reasonable excuse:

1. climb any wall or fence in or enclosing the Common, or any tree, shrub or any barrier, railing, post or other erection;
2. remove or displace any barrier, railing, post or seat, or any part of any erection or ornament, or any implement provided for use in the laying out or maintenance of the Common.

A person shall not affix any bill, placard or notice to or upon any wall or fence in or enclosing the Common or to or upon any tree or plant or to or upon any part of any building, barrier or railing or to any seat or to any other erection or ornament in the Common.

A person shall not in the Common:

1. remove, cut, damage or displace any soil, tree, turf or plan, save where such activity is permitted as of right;
2. pluck any bud, blossom, flower or leaf of any tree, shrub or plant not otherwise subject to protection;
3. bathe, or wash in any pond, stream or other water;
4. wilfully, carelessly or negligently foul or pollute any such water;
5. take, injure or destroy or attempt to take, injure or destroy any fish in such water or wilfully disturb or worry any water fowl.

A person shall not in the Common:

1. except as hereinafter provided erect any post, rail, fence, pole, tent, booth, stand, building or other structure; provided that this prohibition shall not apply where upon an application to the Corporation they grant permission to erect any post, rail, fence, pole, tent, booth, stand, building or other structure, upon such occasion and for such purpose as are specified in the permission;
2. sell, or offer or expose for sale, or let to hire, or offer or expose for letting to hire, any commodity or article, unless in pursuance of an agreement with the Corporation, or otherwise in the exercise of any lawful right or privilege.
3. no person shall ride or drive a motorcycle, motor vehicle or any other mechanically propelled vehicle on the Common, or bring or cause to be brought onto the Common a motor cycle, motor vehicle, trailer or any other mechanically propelled vehicle except in any part of the land where there is a right of way for that class of vehicle; provided that where the Corporation set apart a space in the Common for the use of any class of vehicle, this byelaw shall not be deemed to prohibit the driving in or to that space by a direct route from the entrance to the Common of any vehicle of the class for which it is set apart.
4. a person shall not except in the exercise of any lawful right or privilege ride any cycle or other similar machine in any part of the Common other than designated bridleways;
5. a person shall not except in the exercise of any lawful right or privilege ride any cycle or other similar machine in any part of the Common other than designated bridleways;
6. this byelaw shall not extend to invalid carriages, wheelchairs or prams used solely for the conveyance of the disabled, the infirm or the young.

A person who brings a vehicle into the Common shall not wheel or station it over or upon:

1. any shrub, or plant, or any ground in the course of preparation for the growth of any tree, shrub, or plant;
2. any part of the Common where the Corporation by a notice board affixed or set up in some conspicuous position in the Common prohibit its being wheeled or stationed.

A person shall not:

1. race or train or cause to be raced or trained any dog, horse or other animal;
2. bring or allow to be brought or to go upon the Common any dog not kept under effective control, or not wearing a collar bearing the name and address of the owner.

A person shall not:

1. fly any power-driven or electrically or radio controlled model aircraft in the Common;
2. operate any power driven go-cart or similar vehicle, or any other power driven or electrically or radio controlled equipment in the Common;
3. use or operate a metal or mineral detector or any device for locating objects below ground level.

No person shall build upon or otherwise encroach upon any part of the Common, nor without the licence in writing of the Corporation, make or form any new roads or footpaths or dig, lay or construct any waterway, sewer, drain or other work of like nature.

A person shall not:

1. to the annoyance of any person using the Common either separately or as a member of a band play any instrument of music in the Common. Provided that this Byelaw shall not be deemed to prohibit the playing of an instrument of music at any function held in the Common or in pursuance of an agreement with the Corporation;
2. in the Common operate or cause to be operated any audio equipment which amplifies musical sound or cause or suffer to be made any noise which is so loud or continuous or repeated as to give reasonable cause for annoyance to other persons using the Common

Every person who shall offend against any of these Byelaws shall be liable on summary conviction to a fine not exceeding Level 2 on the Standard Scale.

Any person offending against any of these Byelaws may be removed from the Common by any officer of the Corporation, or any police officer.

No person shall interfere with or obstruct an officer of the Corporation in the exercise of his duty.

Officers of the Corporation are empowered and directed to exclude and remove from the Common all persons committing any nuisance thereon providing that no Officer shall act under this Byelaw unless they be in uniform, or, if in plain clothes, be provided with his warrant.

No person shall in the Common:

1. intentionally obstruct any person carrying out an act which is necessary to the proper execution of any contract with the Corporation;
2. intentionally obstruct any other person in the proper use of the Common, or behave so as to give reasonable grounds for annoyance to other persons in the Common

The doing or attempting to do or allowing any of the acts set out in Byelaws 2 to 17 inclusive in the Common is prohibited and shall be deemed to be an offence against the Corporation of London (Open Spaces) Act, 1878.

Any act necessary to the proper execution of his duty upon the Common by an Officer of the Corporation or by any person or the servant of any person employed, engaged or appointed by the Corporation shall not be deemed an offence against these Byelaws.

Provided that all Byelaws for regulation of the use of the Common shall be subject to the Rights of Common as registered.