Notice to Advertisers/Promoters

Notice to Advertisers, Promoters and Political Activists

Please read this posting carefully!

Updated: Friday, 10th September, 2010

Bye-laws:

Limerick City Council has adapted bye-laws under Section 21 of the Litter Pollution Acts, 1997 to 2003 which forbid the distribution of flyers, handbills, leaflets etc. within the city boundary. Furthermore, under Section 19 of the Act, the erection of banners or signs etc., within the city, for the purpose of advertising is strictly controlled. Signage to this effect has been erected around the city (See above).

Exemptions and Dispensations:

Limited exemptions apply to some community based groups where a 'not for profit' event of particular and verifiable local interest is being promoted. In these cases, the promoters should contact the Environment Department as early as is reasonably possible to seek agreement on a joint protocol relating to the design, siting, height, proximities etc. of signage. The City Council is keen to promote a constructive and co-operative approach in this regard.

Policy:

Advertisers should note that the placement of advertising material in any public area in the city (including street furniture, open areas, or on vehicles etc.) is strictly forbidden. Where items are erected on green areas, overhead structures or in such a manner which may be deemed to compromise the safety of staff, pedestrians, road users or other members of the public, It is the policy of the City Council to remove these items, to prosecute those alleged to have offended in this regard and to seek recovery of costs incurred accordingly.

There are many events held in the city to which large crowds are drawn, such as circuses, concerts, conferences, exhibitions, fairs, fetes, public meetings, seminars, shows and of course sporting fixtures etc. Promoters of these events are advised that it is the policy of the City Council to prosecute those deemed to have engaged in activities contrary to these byelaws and authorised persons (Litter Wardens and Environment Inspectors) from the City Council are deployed to these events to monitor compliance in this regard. Furthermore, the placement or distribution of advertising material by or on behalf of third parties in any public area, in the vicinity of such events is strictly forbidden.

AA Ireland is the only organisation licensed by Limerick City Council to erect signage advertising events within the City Boundary. Further details are available at www.aaireland.ie/signs/ or by telephone on (01) - 617 9966

Note that Limerick City Council's Environment, Insurance, Legal, Parks, Roads, and Traffic Management Departments liaise closely on this matter and that other legislation (for example Roads, Traffic and Criminal Damage Acts) is invoked where appropriate.

Investigation of Suspected Litter Offences:

Section 23 of the Litter Pollution Act, 1997 states that.....

• (1) A person who obstructs or impedes a litter warden (i.e. an authorised person) or a member of the Garda Síochána who is exercising functions under this Act shall be guilty of an offence.
• (2) A litter warden (i.e. an authorised person) or a member of the Garda Síochána who-
  • ( a ) has reasonable grounds for believing that a person is committing or has committed an offence under this Act, may request the person to give his or her name and address, and may request that the information given be verified, and
  • ( b ) is dissatisfied with the verification provided pursuant to a request under paragraph (a), may request that the person accompany the warden (i.e. an authorised person) or member to a local authority office or Garda station for the purpose of the verification.
• (3) A person who-
  • ( a ) fails to give his or her name and address when requested to do so under subsection (2)(a) or gives a name or address that is false or misleading, or
  • ( b ) fails to comply with a request made by a warden or member under subsection (2)(b), shall be guilty of an offence.
• (4) Where a litter warden (i.e. an authorised person) makes a request of a person under this section, the litter warden (i.e. an authorised person) shall, where the person requires proof of the litter warden's (i.e. an authorised person's) authority, produce to the person a certificate or other evidence of such authority.
• (5) A litter warden (i.e. an authorised person) who believes that the assistance of a member of the Garda Síochána is required in any particular instance to prevent the obstruction of the litter warden (i.e. an authorised person) in exercising the litter warden's (i.e. an authorised person's) functions under this Act may request such member to assist to prevent the obstruction and the member shall comply with the request.
• (6) A member of the Garda Síochána who is of the opinion that a person is committing or has committed an offence under this section may arrest the person without warrant

The fixed penalty for offences under the Litter Pollution Act, 1997 is €150.

Note that from 1st January, 2009, where a trailer or sign is removed by the Environment Department under the Litter Pollution Act, 1997, an invoice for €150 plus €25 per 24 hour period of storage or part thereof will be issued. The Environment Department reserves the right to remove trailers or signs at any time.

Some Examples of Prohibited Activities:

• Distribution of advertising leaflets to passers-by or motorists.
• Placement of leaflets on the windscreens of parked vehicles.
• Erection of advertising banners or signs on green areas, roundabouts, railings, cabinets, lamp column or other street furniture.
• The application (or use) of stencils to place advertisements on public footways, including 'stencil-washed' advertisements. 
• 'Fly posting' unless written permission has been obtained from the owner, occupier or person in charge of a structure.

Election/Referendum Posters and the Electoral (Amendment) Act, 2009:

Candidates and activists are advised that  Section 19(7) of the Litter Pollution Act, 1997 which regulates this activity was amended under Section 9 of the Electoral (Amendment) Act, 2009.

Section 9 of the Act provides for the amendment of Section 19(7) of the original Litter Pollution Act under which there was no advance time limit for the erection of such posters.

Under the amended Section 19(7), a new time limit was introduced i.e. either from the date of the signing of an order, by the Minister for the Environment, for the holding of a poll or thirty days prior to the polling date, whichever is the later.

For example, if a non-referendum poll is due to take place on 31st August, then no poster may be erected before the 1st of August regardless of whether or not an order has been signed. However, if the Minister for the Environment signs the relevant order on, say, 5th August then no poster should have been erected prior to that date.

If a referendum poll is due to take place on 31st August, then no poster should be erected before 1st August.

For referendum posters however, the thirty day limit applies, regardless of whether or not an order has been made.

Further Information:

To contact Limerick City Council's Environment Department to discuss these matters:

Telephone:   (061) - 407 190

Fax.:              (061) - 407 255

E-mail:          environ@limerickcity.ie

(pog 20100910)