Statute Details
- Title: Town Council of Marine Parade (Common Property and Open Spaces) By-laws
- Act Code: TCA1988-BY28
- Legislation Type: Subsidiary legislation (SL)
- Authorising Act: Town Councils Act (Cap. 329A), in particular sections 24 and 49
- Status: Current version as at 27 Mar 2026
- Legislative History (highlights): Revised Edition 2001 (31 Jan 2001); amended by S 336/2000; amended by S 300/1994; amended by S 593/2019 (effective 01/09/2019)
- Key Provisions (from extract): Definitions (s 2); parking/dumping/fixtures (s 3); removal and detention of vehicles (s 4); repairing/painting (s 5); playing of games (s 6); obstruction (s 7); entertainment/sale of goods (s 8); refuse chute obstruction (s 9); trespass onto lift motor rooms (s 10); littering (s 11); throwing objects/dangerous positioning (s 12); damage to turf/plant/shrubs/trees (s 13); diversion of water/electricity (s 14); signs (s 15); bathing in fountains (s 16); damage to common property (s 17); service of notices (s 18); composition of offences (s 19)
What Is This Legislation About?
The Town Council of Marine Parade (Common Property and Open Spaces) By-laws (“By-laws”) are local regulatory rules made under the Town Councils Act to govern conduct on common property and open spaces within the Town of Marine Parade. In plain terms, they set out what residents, visitors, and other members of the public may and may not do in shared areas such as corridors, grounds, open spaces, and other facilities managed by the Town Council.
The By-laws address everyday issues that commonly arise in housing estates: unauthorised parking, dumping and placing objects, obstruction of pathways and refuse chutes, littering, damage to landscaping and common facilities, and unauthorised signage. They also include enforcement powers—particularly around removing and detaining vehicles—and procedural rules for notices and offence composition.
Importantly, the By-laws are not meant to regulate the entire public realm. They focus on land and facilities that are “common property” or “open space” within the Town of Marine Parade, while also recognising that some routes may be “public paths” under the Active Mobility Act 2017. The 2019 amendments reflect this interaction by clarifying definitions and carve-outs for mobility aids and public paths.
What Are the Key Provisions?
Definitions and scope (s 2). The By-laws define “common property” and “open space” as those within the Town of Marine Parade. They also define “mobility aid” (including wheelchairs and mobility scooters as defined by the Active Mobility Act 2017), “vehicle” (including bicycles and personal mobility devices, but excluding mobility aids), and “public path” (a path declared under the Active Mobility Act 2017). These definitions matter because they determine whether a person’s conduct falls within the By-laws and whether certain activities are exempt.
Section 2(2) further provides that nothing in the By-laws prohibits Town Council officers or authorised persons from doing acts reasonably necessary or expedient for enforcement. Section 2(3) clarifies that the By-laws do not affect the public’s right to pass along a public path in accordance with the Active Mobility Act 2017. This is a practical safeguard: the By-laws cannot be used to block mobility routes that are legally designated as public paths.
Parking, dumping, and fixtures (s 3). Section 3 is the central “no unauthorised use” provision. It prohibits, among other things: (a) parking any vehicle on common property or open space except in a parking place or with prior written permission of the Town Council; (b) using, riding, or driving on common property/open space with a vehicle (subject to limited exceptions); (c) placing, depositing, keeping, or leaving materials or objects except in places designated by the Town Council; (d) erecting or installing fixtures/structures/things except with prior written permission; and (e) allowing pets to soil common property/open space.
The By-laws also contain specific carve-outs in s 3(2) for perambulators, children’s toy vehicles used solely by a child, mobility aids, and any common property/open space that is a public path. For practitioners, these carve-outs are often where disputes arise—particularly in relation to whether an item is a “vehicle” or a “mobility aid”, and whether the relevant area is a “public path”.
Removal and detention of vehicles (s 4). Section 4 provides the Town Council with strong enforcement powers where a vehicle is parked in contravention of the By-laws or appears abandoned. The secretary (or an authorised officer) may, at his discretion: (a) remove the vehicle to a place of safety or another place and detain it; or (b) prevent removal by fixing an immobilisation device to the vehicle.
Procedurally, s 4(2) requires written notice to the owner. If the vehicle is removed, notice is served by post; if an immobilisation device is fixed, notice is affixed to the windscreen or a conspicuous part of the vehicle. Section 4(3) restricts release: the vehicle is released only by or under the direction of the secretary/authorised officer and only after the owner pays all expenses incurred and any other charges imposed under the By-laws.
Section 4(4)–(5) create offences for tampering with notices or immobilisation devices, or removing vehicles/devices without authority. Section 4(6)–(7) addresses disposal: if the vehicle is not claimed within 30 days after notice, the Town Council may sell or otherwise dispose of it. Proceeds are applied first to expenses, then to charges and fines, and any surplus is paid to the owner. This is a complete enforcement lifecycle: contravention → removal/detention → notice → payment for release → disposal after a claim period.
Repairing, painting, and servicing vehicles (s 5). Section 5 prohibits repairing, painting, spraying, testing, or servicing vehicles on common property or open space. The only express exception is for repairs reasonably necessary to enable the vehicle to be removed from the area. This provision is designed to prevent nuisance, environmental harm, and damage to common areas caused by maintenance activities.
Games, obstruction, refuse chutes, and littering (ss 6–12, as reflected in the extract). While the extract truncates the full text of some provisions, the headings and partial wording indicate a structured approach:
- Playing of games (s 6): permits certain activities only where the Town Council has set apart an area for specified games (e.g., roller skating, skateboards, and other games specified in a notice board). This implies a controlled, designated-area model.
- Obstruction of common property (s 7): prohibits conduct that obstructs common property, likely including blocking walkways or impeding access.
- Entertainment and sale of goods (s 8): restricts entertainment and sale of goods on common property/open spaces without prior written permission of the Town Council.
- Obstruction of refuse chutes (s 9): prohibits throwing or depositing items into refuse chutes.
- Littering (s 11): prohibits throwing or depositing dust, dirt, ashes, or similar substances on common property/open spaces.
- Throwing objects and dangerous positioning (s 12): prohibits endangering life or property and nuisance/annoyance/inconvenience, including dangerous objects thrown from buildings or positioned dangerously.
Signs and other conduct affecting estate amenity (ss 15–17, as reflected in the extract). Section 15 prohibits displaying signs on common property/open space without permission. Section 16 addresses bathing in fountains. Section 17 prohibits damage to common property. Together, these provisions protect the physical environment and the aesthetic/functional integrity of shared spaces.
Notices and composition of offences (ss 18–19). Section 18 governs service of notices required by the By-laws. Section 19 provides that every offence under the By-laws is a compoundable offence in accordance with section 49 of the Town Councils Act. For practitioners, this is significant: it indicates that enforcement may often proceed through composition (i.e., payment of a composition sum) rather than full prosecution, subject to the statutory framework in the Town Councils Act.
How Is This Legislation Structured?
The By-laws are organised as a short, practical code with numbered sections. The structure is as follows:
Section 1 sets out the citation. Section 2 provides definitions and general interpretive rules, including mobility-related definitions and carve-outs for public paths. Sections 3–17 contain substantive behavioural rules covering parking and vehicle use, obstruction, refuse chute conduct, littering, dangerous acts, damage to landscaping and common property, and restrictions on signs and bathing. Section 18 addresses service of notices. Section 19 provides for composition of offences.
Notably, the By-laws combine (i) prohibitions, (ii) limited permissions (often “prior written permission” or designated areas), and (iii) enforcement mechanisms (especially vehicle removal/detention). This makes the instrument relatively straightforward to apply in day-to-day estate management.
Who Does This Legislation Apply To?
The By-laws apply to “any person” who engages in conduct on common property or open spaces within the Town of Marine Parade. This includes residents, visitors, contractors, and other members of the public. The obligations are not limited to Town Council residents; rather, they attach to the location and the conduct.
Because the By-laws regulate “vehicles” (as defined) and exclude “mobility aids”, the practical impact differs depending on the user and the equipment. The By-laws also recognise the public’s right to pass along a “public path” under the Active Mobility Act 2017, meaning that certain mobility routes cannot be restricted solely by reference to these By-laws.
Why Is This Legislation Important?
For practitioners, the By-laws are important because they provide a local enforcement framework that is both location-specific and procedurally detailed. The vehicle enforcement regime in s 4 is particularly consequential: it authorises removal, detention, immobilisation devices, notice requirements, release conditions, and disposal after a 30-day claim period. These are not merely “administrative” rules; they create real property and liberty impacts (loss of vehicle possession) and therefore require careful attention to compliance with notice and authority requirements.
The By-laws also reflect a modern approach to shared-space governance. The 2019 amendments incorporate definitions tied to the Active Mobility Act 2017 (mobility scooters and public paths). This reduces ambiguity and helps resolve disputes about whether certain devices or routes fall within the By-laws’ restrictions.
Finally, the composition mechanism in s 19 means that enforcement may frequently be resolved through composition rather than court proceedings. For legal advisers, this affects strategy: early assessment of whether conduct falls within a prohibited category, whether any carve-out applies (e.g., mobility aids or public paths), and whether the Town Council followed notice and procedure can be decisive in composition negotiations or in challenging enforcement.
Related Legislation
- Town Councils Act (Cap. 329A): Authorises Town Council by-laws and provides the composition framework (including s 49 referenced in s 19 of the By-laws).
- Parking Places Act (Cap. 214): Defines “parking place” used in the By-laws’ parking restrictions.
- Active Mobility Act 2017 (Act 3 of 2017): Defines mobility scooters and provides for declaration of “public paths”, which interact with the By-laws’ definitions and carve-outs.
Source Documents
This article provides an overview of the Town Council of Marine Parade (Common Property and Open Spaces) By-laws for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.