Nevern Square Garden Bye-Laws 1983

1. AUTHORITY

These Bye-Laws are made by the Nevern Square Garden Sub-Committee (“the GSC”) for the proper management and preservation of the Nevern Square Garden (“The Garden”) under the authority of the Kensington Improvement Act 1851.
The GSC consists of those members voted as such at the Annual General Meeting of the Company called Nevern Square Garden Limited and of the ratepayers as defined in 2 (1) (a) below.

The Garden is reserved for the exclusive use of:
(a) the rate paying owners and rate paying occupiers and their households of the houses and flats which are deemed under the Kensington Improvement Act to be wholly within Nevern Square, that is Numbers 1 to 13, 17 to 24, 28 to 42, 47 to 51 and 58 Nevern Square together with Numbers 1 to 21, 23, 25, 27, 29 and 31 Rupert House, and
(b) the owners of the Garden and any person whom they permit to use the Garden.
The people mentioned in (1) above are referred to in these Bye-Laws as Authorised Users.
A police officer may enter the Garden at the request of an Authorised User.

Keys may be obtained only from the Garden Key Officer (Key Secretary) and no person other than an Authorised User or a police officer may use or possess a key to the Garden nor shall a key be handed to anyone other than an Authorised User or a police officer, a gardener or a maintenance worker, and from any such person a receipt should be obtained on a key being handed to him.
The GSC may require a deposit to be paid when a key is issued, such deposit being partially refundable when the key is returned.
The key remains the property of the GSC and must be returned to the Garden Key Officer (Key Secretary) as soon as the holder is no longer an Authorised User.
The gates to the Garden must be locked after entering or leaving and must be kept locked at all times.

Children under the age of ten years whilst in the Garden must be accompanied by an adult who shall be responsible for seeing that they observe these Bye-Laws.
No children under 13 years of age shall be allowed in the Garden after sunset.

Authorised Users may bring into the Garden guests whom such Users are entertaining in their home provided that the Authorised User will be responsible to ensure that such guests keep the Bye-Laws and for any damage caused in the Garden by any such guests.

No games in which objects are used which are likely to cause personal injury or damage to property may be played in the Garden.
Neither football nor any other game in which a hard ball is used may be played in the Garden.

Authorised Users over the age of 13 may bring their dog into the Garden but must register the dog with the Secretary of the GSC.
Whilst in the Garden all dogs must be accompanied and controlled by an Authorised User over the age of 13 who shall:
(a) keep the dog under control;
(b) prevent the dog from fouling the grass or paths;
(c) prevent the dog from going to the flower beds or shrubberies or other areas prohibited by the GSC;
(d) prevent the dog from interfering with the comfort or enjoyment of any Authorised User;
(e) prevent the dog from damaging the turf plants trees or shrubs or any other things within the Garden.
Dogs shall not be allowed in the Garden on Saturdays or Sundays between the hours of 1.00pm and 6.00pm from 1st April to 1st October inclusive each year.
If the dog fouls the Garden the fouling must be removed by the person accompanying the dog, bagged and the bag placed in the bin set aside for this purpose.
If a member of the GSC considers that any dog is causing or is likely to cause a nuisance he may require the person accompanying the dog to put the dog on a lead or remove the dog from the Garden.
The GSC may by notice impose such further restrictions on dogs as they consider reasonable in the interests of the comfort and enjoyment of Authorised Users.

No person may deface, damage, destroy or remove any property of the Garden.
Except as authorised by the GSC: (a) no person may bring into the Garden or use any musical instrument or any apparatus for the production of sound; (b) no person may remove cut or displace any soil, turf, plant, shrub or tree; (c) no person may go on any flowerbed or climb any tree or other object; (d) no person may bring into the Garden any vehicle except bicycles having a wheel circumference of not more than twenty inches, prams or pushchairs; (e) no person over the age of 12 may use any swing in the Garden; (f) no person should leave any litter in the Garden; (g) no person may light a bonfire in the Garden; (h) no person may do any act or thing likely to interfere with the comfort and enjoymnent of Authorised Users.

If at any time the GSC or the owners of the Garden decide to organise any special party, event or other function the GSC may close temporarily all or part of the Garden and allow access only to such people whether Authorised Users or not as they think fit and to make a charge for admission.
No such closure of the Garden shall last longer than 48 hours nor shall there be more than 12 such closures of the Garden in any one calendar year.

The GSC may exclude from the Garden any person whom they consider to have offended against these Bye-Laws.
An Authorised User or a police officer may require any person suspected of offending against any of these Bye-Laws to give his or her name address and key number and may remove from the Garden any person or animal not authorised to enter the Garden.
An Authorised User or a police officer may require any person offending against any of these Bye-Laws to cease doing so forthwith or to leave the Garden.
Any person or persons offending against any of these Bye-Laws shall upon proof thereof before a Magistrate acting in the District in which the Garden is situated be liable to a penalty.