Hedgecutting-Drainage-Unauthorised Signage

Released: 10 September 2014

KERRY COUNTY COUNCIL

NOTICE TO OWNERS AND OCCUPIERS

ROADS ACT 1993

 

ROADSIDE TREES, DITCHES & HEDGES

Kerry County Council wishes to give notice that under the terms of the Roads Act, 1993, landowners and occupiers of land are obliged to take all reasonable care to ensure that the trees, ditches, hedges and other vegetation growing on their land are not or could not become a danger to people using or working on a public road.

Examples of hazards might be dead or dying trees, ditches or hedges interfering with traffic, blocking footpaths, obscuring road signs or obscuring a view of the road ahead.

You are required to fell, cut, log, trim or remove such trees, ditches and hedges.  Adequate signposting should be provided and the Council and Gardaí notified before works commence.

Hedgecutting operations, as far as possible, should only be undertaken outside the critical nesting period of 1st March to 31st August.

LIABILITY FOR DAMAGE OR INJURY RESULTING FROM SUCH HAZARDS WILL REST WITH THE LANDOWNER/OCCUPIER

 

DUTY TO FACILITATE DRAINAGE OF WATER FROM PUBLIC ROADS

Landowners/occupiers are also reminded of their duty under the Roads Act, 1993 to facilitate the drainage of water from public roads and also to prevent water, soil or other matter from flowing or falling onto public roads especially at entrances to fields and farmyards.

FAILURE TO COMPLY WITH THESE OBLIGATIONS IS AN OFFENCE LIABLE TO PROSECUTION

 

UNAUTHORISED ADVERTISING ON PUBLIC ROADS

Please take notice that it is an offence under Section 71 of the Roads Act, 1993 to erect, place or retain on a public road, a sign, vehicle including a vehicle with ‘For Sale’ signs, or other structure or thing used for the purposes of advertising, the sale of goods, the provision of services or other similar purpose without lawful authority or the consent of the Roads Authority.

THIS INCLUDES PLACING VARIABLE MESSAGE SIGNS ON PUBLIC ROADS, FOOTPATHS OR HARD SHOULDERS FOR THE PURPOSE OF ADVERTISING EVENTS

Kerry County Council may without notice arrange for the removal and storage of any such unauthorised signs, vehicles or other structures or things and may recoup the removal and storage costs from the person claiming the unauthorised item.  In certain circumstances, following a period of storage, the Council may arrange for the disposal of the unauthorised item.

The person who erects, places or retains the sign or advertisement and the person on whose behalf the sign or advertisement is exhibited shall be guilty of an offence and is liable to prosecution.

FURTHER INFORMATION

Further information outlining the obligations placed on landowners and occupiers under the Roads Act, 1993 is available at the address below:-

Kerry County Council, Operations, Health & Safety Department, County Buildings, Tralee, County Kerry

Tel (066) 7183588

Fax (066) 7129764

Email: roads@kerrycoco.ie

Kerry County Council, Co. Buildings, Rathass, Tralee

Phone: (066) 718 3500     Email: info@kerrycoco.ie

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