13. Cemetery Bye-Laws No.s 33-34, 36-44: Contravention / Enforcement / Penalties (See Summary Document Section K)

Selling Articles

33.

No person shall sell or offer or expose for sale any articles, commodity or thing of any kind whatsoever or solicit for orders from the public within the cemetery. Any person soliciting orders within the cemeteries for the erection or repair of memorials will be required to leave the cemeteries and will not be admitted again without the permission of the Council.

Television and Cameras

34.

The use of still, cine and television cameras shall not be used to photograph mourners or any part of a funeral cortege within the cemetery, without the prior consent of the Council and the immediate family.  This however, does not preclude the Council from installing and maintaining Close Circuit Television (CCTV) for the purposes of security and public safety.

Health and Safety Legislation.

36.

All persons carrying out work within a cemetery will have due regard to and shall comply with the provisions of the Health and Safety Legislation.

Works in Cemetery

37.

No persons shall engage in works in any Cemeteries except where expressly requested by the Council (including sculptors, landscape and landscape workers) without prior permission from the Council and without paying the prescribed fees and required public liability insurances.

Damage

38.

Any damage done to lawns, gravespaces, walls, drives, trees, shrubs or other property by non-cemetery workers must be repaired by those persons causing such damage.

Monument Sculptors and Stonemasons

39.

1. Any monument sculptor or stonemason wishing to carry out work in any cemetery in the functional area of Limerick City and County Council, must be registered with the Council and hold an annual work permit. The annual work permit is due for renewal on the 1st January each year and may be subject to a registration fee.
2. The Council may from time to time set conditions for admission to its Register of Authorised Monument Sculptors and conditions for maintaining an entry in the Register of Authorised Monument Sculptors.
3. The Council may set rules and regulations in respect of;

-Insurances to be held by a monument sculptor

-Competence and work record of a monument sculptor

4. All monument sculptors shall comply with such rules and regulations as may be introduced by the Council concerning the provisions referred to in 39(III).
5. The Council may remove a monument sculptor from the Register of Authorised Monument Sculptors if;

-The monument sculptor erects, or assists in the erection of, a monument in a Council cemetery where the erection of such monument has not been authorised in writing by the Council or where it has not been erected in accordance with the terms of permit. 

-The monument sculptor fails in the opinion of the Council to carry out his work in a safe manner,

-The monument sculptor fails in the opinion of the Council to work in a tidy manner within the Council cemetery.

-The monument sculptor does not abide by the Bye Laws.

6. Before the Council removes any monument sculptor from the Register of Authorised Monument Sculptors it will offer them the opportunity to make any representations considered necessary in accordance with the principles of natural justice.

Writing on Monuments

40.

No person shall write any word or symbol upon any monument which would give rise to public offence.

Enforcement

41.

It shall be lawful for any employee of the Council or for any member of the Garda Síochána to enforce these Bye Laws and to exclude or remove from a Cemetery any person committing any breach of the above Bye Laws and to take any other such action as may be deemed necessary in the enforcing of these Bye Laws.

Contravention of Bye-laws

42.

A person who contravenes a provision of these Bye Laws shall be guilty of an offence and shall be liable on summary conviction in the District Court to a fine not exceeding €2,500.00.

Fixed Payment

Notice

43.

1. If an authorised person, including any member of An Garda Siochána, has reasonable grounds for believing that a person is committing a contravention or has committed a contravention of a provision of these Bye Laws the authorised person may give to the person a fixed payment notice as prescribed by the Local Government Act, 2001 Section 206, as amended by the Local Government Reform Act, 2014 stating;

1. that the person is alleged to have committed the contravention,
2. that the person may during the period of 21 days beginning on the date of the notice, make to the City & County Council a payment of €75.00 accompanied by the notice, and
3. that a prosecution in respect of the alleged contravention will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged contravention will be instituted.

2. Where a notice is given under subsection (I)-

1. a person to whom the notice applies may, during the period specified in the notice, make to Limerick City & County Council the payment specified in the notice, accompanied by the notice,
2. Limerick City & County Council shall receive the payment and issue a receipt for it and may retain the money so paid and no payment so received shall in any circumstances be recoverable by the person who made it, and
3. a prosecution in respect of the alleged contravention shall not be instituted in the period specified in the notice and, if the payment specified in the notice is made during that period no prosecution in respect of the alleged contravention shall be instituted.

3. In a prosecution for a contravention referred to in subsection (I), the onus of showing that a payment pursuant to a notice under this section has been made shall lie on the accused.

Service of Notices

44.

Any notice required to be served by or under Bye Law 43 of these Bye Laws shall be served in one of the following ways-

1. by delivering it to the person,
2. by leaving it at the address at which the person ordinarily  resides,
3. by sending it by post to the person at the address at which the person ordinarily resides,
4. by sending it by post in a prepaid registered letter addressed to the person at the address at which the person ordinarily resides,
5. if an address for the service of notices has been furnished by the person, by leaving it at, or sending it by prepaid registered post addressed to the person to, that address.