Car Parks Amendment Order

THE EAST DUNBARTONSHIRE COUNCIL (BEARSDEN, BISHOPBRIGGS, KIRKINTILLOCH AND MILNGAVIE)

Proposed Off-Street Parking Amendment Order

NOTICE IS HEREBY GIVEN THAT the East Dunbartonshire Council propose to make a traffic regulation order the main effect of which would be to amend the Off Street Parking Order made in 2016 to remove the reference to pay and display tickets including vehicle registration numbers and to include the provision that no ticket requires to be displayed for payments made by telephone payment parking systems.

Full details of this proposal which forms the proposed THE EAST DUNBARTONSHIRE COUNCIL (BEASRDEN, BISHOPBRIGGS, KIRKINTILLOCH AND MILNGAVIE) (OFF-STREET PARKING AMENDMENT) ORDER together with a statement of reasons for proposing to make this Order, are available for inspection without payment of fee in the Roads section of the East Dunbartonshire Council website. Telephone Enquiries to: 0300-123-4510.

Any person wishing to object to the proposal should send details of the grounds for objection in writing to the Chief Solicitor & Monitoring Officer, 12 Strathkelvin Place, Kirkintilloch, G66 1TJ or by email to legalservices@eastdunbarton.gov.uk by Monday, 25 September 2023.

Karen Donnelly
Chief Solicitor & Monitoring Officer
12 Strathkelvin Place
Kirkintilloch
G66 1TJ.

THE EAST DUNBARTONSHIRE COUNCIL
(BEARSDEN, BISHOPBRIGGS, KIRKINTILLOCH AND MILNGAVIE)
(OFF-STREET PARKING AMENDMENT) ORDER 202X

The East Dunbartonshire Council in exercise of the powers conferred on it by Sections 1(1), 2(1), to (3), 32(1) and (3), 35(1), 35(3), 35(3A), 35(3B),46, 49, 101 and 102 of the Road Traffic Regulation Act 1984 (as amended), and of all other enabling powers and after consultation with the Chief Constable of the Police Service of Scotland in accordance with Part III of Schedule 9 to the Act hereby make the following Order:-

1. This order may be cited as “The East Dunbartonshire Council (Bearsden, Bishopbriggs, Kirkintilloch and Milngavie) (Off-Street Parking Amendment) Order 202x and shall come into operation on XX.
    
2. Definitions
   
   The following expressions have the meanings hereby assigned to them except where the context otherwise requires –
   
   “Telephone Payment Parking System” means an electronic system set up and maintained by a company authorised and appointed by the Council to operate, administer and maintain the process for the payment of parking charges on its behalf;
   
   “ticket” means a ticket issued by a Council ticket machine relating to any car park affected by this Order;
   
   “ticket issuing machine” means an apparatus designed to indicate the time externally, and to issue tickets indicating the date and time of issue, the car park, the charge period in respect of which it has been paid, and incorporating the identification mark of the machine from which the ticket has been issued.
   
   Insofar as this order may not provide explicit definitions of any term, that term shall be interpreted in accordance with any definition of it in the act, or otherwise according to common usage.
    
3. Revocations/Amendments of Existing Traffic Regulation Orders
   
   The order specified in the Schedule to this order shall have effect subject to the amendments specified in that Schedule.

   IN WITNESS WHEREOF these presents consisting of these 2 pages and following Schedule is executed as follows:-

Subscribed for and on behalf of THE EAST DUNBARTONSHIRE COUNCIL By

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Karen M Donnelly
Chief Solicitor and Monitoring Officer

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Witness Signature

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Witness Name

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Place of Signing

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Address

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Date of Signing

Karen M Donnelly

The East Dunbartonshire Council
(BEARSDEN, BISHOPBRIGGS, KIRKINTILLOCH AND MILNGAVIE)
PROPOSED OFF-STREET PARKING AMENDMENT ORDER

It is considered necessary to make the above order to amend the East Dunbartonshire Council (Bearsden, Kirkintilloch and Milngavie)  (Off-Street Parking) Order 2016 to (i) remove the reference to vehicle registration  numbers being required to be input into the ticket issuing machines and displayed on the tickets issued; and  (ii) include the provision that no reference should be made to tickets when payment is made by telephone payment parking systems.

THE EAST DUNBARTONSHIRE COUNCIL
(BEARSDEN, KIRKINTILLOCH AND MILNGAVIE)
(OFF-STREET PARKING) ORDER 2016

The East Dunbartonshire Council in exercise of the powers conferred on it by Sections 1(1), 2(1), to (3), 32(1) and (3), 35(1), 35(3), 35(3A), 35(3B),46, 49, 101 and 102 of the Road Traffic Regulation Act 1984 (as amended), and of all other enabling powers and after consultation with the Chief Constable of the Police Service of Scotland in accordance with Part III of Schedule 9 to the Act hereby make the following Order:-

1. This order may be cited as “The East Dunbartonshire Council (Bearsden, Kirkintilloch and Milngavie) (Off-Street Parking) Order 2016 and shall come into operation on 4 July 2016.
    
2. Definitions
   
   The  The following expressions have the meanings hereby assigned to them except where the context otherwise requires –
   
   the Council” means the East Dunbartonshire Council incorporated under the Local Government etc (Scotland) Act 1994 and having their principal office at 12 Strathkelvin Place, Kirkintilloch;
   
   “authorised person” means an employee or agent of the Council authorised to exercise all or any of the functions of the Council under this Order;
   
   “the Act” means the Road Traffic Regulation Act 1984, (as amended);
   
   “order” means The East Dunbartonshire Council (Bearsden, Kirkintilloch and Milngavie) (Off-Street Parking) Order  2016 including the Schedules attached thereto;
   
   “notice” means a notice affixed to a vehicle in accordance with the terms of Article 5(ii) of the order;
   
   “owner” means the person registered as the keeper of the relevant vehicle at the appropriate time with the Driver and Vehicle Licensing Agency;
   
   “chargeable hours” means the period indicated as such at any point in Schedule 1 attached hereto;
   
   “free parking period” means the period of free parking indicated as such in Schedule 1 attached hereto; shall be applicable only to the first period of stay that a vehicle is left in the off-street car park, which may be for a period of up to two hours in any one day, and is only applicable in the first off-street car park a vehicle is left in within any one town centre;
   
   “vehicle” unless the context otherwise requires, means a vehicle of any description and includes a machine or implement of any kind drawn or propelled along roads whether or not by mechanical power;
   
   “electric vehicle” means any vehicle which uses one or more electric motors for propulsion;
   
   “goods” means articles of any kind, and includes postal packets of any description and “delivering” and “collecting” in relation to any goods includes checking the goods for the purpose of their delivery or collection; 
   
   “light goods vehicle” means a motor vehicle, primary constructed for carriage of goods or burden of any description, with a maximum permissible gross vehicle weight(gvw) not exceeding 3.5 tonnes;  
   
   “heavy goods vehicle” means a motor vehicle, primarily constructed or adapted for use for carriage of goods or burden of any description, weighting more than 3.5 tonnes gross vehicle weight (gvw);  
   
   “ car park” means any area of land or building referred to as such at any point in the Schedules hereto, which area of land or building under the control of the Council in pursuance of the Act for use from time to time as a parking place;
   
   “trailer” means a non-motorised carrier designed to be pulled by a vehicle and including caravan;
   
   “parking space” means a marked space in a car park which is provided for the leaving of a vehicle there;
   
   “residential exemption permit” means a permit issued by the Council in accordance with Article 11 of this order;
   
   “address” means a household identified in the Electoral Roll or the Council Tax Valuation List as an individual residential property unit;
   
   “ticket” means a ticket issued by a Council ticket machine relating to any car park affected by this order;
   
   “ticket issuing machine” means an apparatus designed to indicate the time externally, and to issue numbered vehicle registration specific tickets indicating the date and time of issue, the car park, the charge paid, the period in respect of which it has been paid, and incorporating the identification mark of the machine from which the ticket has been issued;  
   
   “traffic sign” means a sign of any size, colour and type prescribed by or authorised under, or having effect as if prescribed by or authorised under the Act;
   
   “disabled person’s badge” means a badge which was (a) issued under Section 21 of the Chronically Sick and Disabled Persons Act 1970 (as amended); (b) issued under a provision of the law of Northern Ireland corresponding to that section; or (c) issued by any member State other than the United Kingdom for purposes corresponding to the purposes for which badges under that section are issued; and (d) has not ceased to be in force;
   
   “disabled person’s vehicle” means a motor vehicle which is displaying a Disabled Person’s Badge in a Relevant Position as prescribed by the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 2002 (as amended);
   
   “driver” means the person driving or having control or charge of a motor vehicle at any given time and, in particular, in relation to a motor vehicle waiting in a parking place, the person driving when it was left in the parking place;
   
   Insofar as this order may not provide explicit definitions of any term, that term shall be interpreted in accordance with any definition of it in the act, or otherwise according to common usage.
    
3. Use of Off-Street Car Parks

1. Each off-street car park shall be used only for parking, and shall be subject to the charging provisions of this order only on such days and during such hours as are specified in Schedule 1 to this order.
    
2. Each off-street car park shall be used for parking only by the category of vehicles marked against that car park between the hours of 9:00 am and 5:30 pm, Monday to Friday inclusive as specified in Schedule 1 to this order.
    
3. Each off-street car park shall be used for parking only by the category of vehicles marked against that car park on such days and hours as specified in Schedule 2 to this order.  
    
4. Vehicle categories are as specified in Schedule 3 to this Order.   

4. Amounts and Method of Payment of Charge for Parking in an Off-Street Car Park

1. If a vehicle is left in an off-street car park during charging hours, a charge shall be paid in accordance with the provisions of this part of the order, unless the vehicle is exempt from such payment under Article 14, or is subject to a free parking period as specified in Schedule 1 to this order.
    
2. Save as provided in Article 4(i), the charge for a vehicle left in an off-street car park during the charging hours shall be referred to as an initial charge and shall be detailed in relation to that car park specified in the Schedule 1 to this order.
    
3. Save as provided in Article 4(ii), the initial charge shall be payable on leaving the vehicle in the off-street car park by purchasing a pay and display ticket by the insertion into the ticket issuing machine of a combination of coins of the denominations indicated on that ticket issuing machine such that their total value is not less than the appropriate initial charge, as detailed in Schedule 1 to this order. Where payment exceeds the charge for the specified number of hours, a ticket will be issued only for the number of hours for which the whole charge has been paid.
    
4. If a ticket issued by the ticket issuing machine is obtained for the vehicle by payment of the initial charge or is in respect of a free parking period, the ticket shall be exhibited on the vehicle, in accordance with the provisions of Article 4(v). No other ticket issued by a ticket issuing machine shall be exhibited on the vehicle.
    
5. A ticket of the kind referred to in Article 4(iv) shall:- 

1. be exhibited on the vehicle in a prominent and conspicuous position;
2. only be used for display on the vehicle for which it was purchased;
3. only be valid in the off-street car park where the ticket was issued.

5. Excess Charge in respect of Off-Street Car Parks

1. A charge amounting to sixty pounds, with a reduction to thirty pounds for receipt of payment within fourteen days (which amount is hereinafter referred to as the “excess charge”) shall be payable whether or not any initial charge is payable when:-

1. a vehicle is left in an off-street car park, in respect of which charging is applicable, for longer than the period for which payment of the appropriate initial charge has been made; or
    
2. a vehicle is left in an off-street car park during a free parking period, for longer than the period for which free parking is permitted; or
    
3. a vehicle which has been left in an off-street car park during a free parking period or in respect of which charging is applicable exhibits a ticket obtained from the ticket issuing machine and does not do so in accordance with this order; or
    
4. a vehicle is left in an off-street car park such that it does not conform with the manner of standing specified in this order; or
    
5. the owner of any vehicle has failed to abide by any provision contained in this order; or
    
6. a vehicle not eligible to be left in a part of an off-street car park which has been reserved for a particular use in accordance with Article 21 hereto, is so left.

2. In the case of a vehicle in respect of which the excess charge has been incurred, it shall be the duty of the authorised person to attach to the vehicle, in a conspicuous position, a notice which shall include :-

1. the registration mark of the vehicle or, when, when the vehicle is being used under trade licence, the number of the trade plate plate carried by the vehicle;
    
2. the time at which the authorised person first notices (1) that in respect of a free parking period or payment of an initial charge, the ticket obtained from the ticket issuing machine has not been exhibited on the vehicle in accordance with the provisions of the order, or (2) that the vehicle left in a car park during charging hours for longer than the period for which payment of the appropriate initial charge has been made or in respect of a free parking period for longer than the free parking period permitted, or (3) that the vehicle has been parked such that it does not conform with the manner of standing specified in this order, or (4) an apparent breach of the relevant provisions contained in this order;
    
3. a statement that the excess charge of sixty pounds requires to be paid (reduced to thirty pounds if payment is received within fourteen days);
    
4. the manner in which and the time within which, and also any special conditions according to which, the excess charge should or can be paid; and
    
5. a statement that a driver who fails to pay any excess charge shall be guilty of an offence in terms of the Act. 

6. Restriction on Removal of Tickets and Notices

1. When a ticket has been exhibited on a vehicle in accordance with the provisions of this order, no person, not being the driver of the vehicle, shall remove the ticket from the vehicle unless authorised to do so by the driver.
    
2. When a ticket has been exhibited in accordance with the provisions of this order, no person shall transfer such ticket for use on another vehicle.
    
3. Where a notice has been attached to a vehicle in accordance with the provisions of this order no person, not being the driver of the vehicle or an authorised person, shall remove the notice from the vehicle unless authorised to do so by the driver.
    
4. Any person contravening the terms of the forgoing sub-paragraphs shall be guilty of an offence.

7. Manner of payment of Excess Charge
   
   The excess charge shall be paid to the Council in the manner, within the time limit specified, and in accordance with any other special conditions and arrangements, as may be specified on the notice attached to the vehicle in terms of the order.
    
8. Ticket issuing Machines to be installed at Off-Street Car Parks
   
   There shall be at least one ticket issuing machine in or in the vicinity of each off-street car park in respect of which charging is applicable, allowing for the charge to be paid by the means detailed in Article 4 of this order.
    
9. Indications on Ticket Issuing Machine Tickets 

1. The free parking period (if any) and payment of the initial charge period for a vehicle left in an off-street car park shall be indicated by a ticket issuing machine relating to the off-street car park in the town in which the vehicle has been left, by the issue of a numbered vehicle registration specific ticket, and by the exhibition of that ticket on the vehicle, in accordance with the provisions of this order
    
2. The expiry of a free parking period and the period of parking for which the initial charge has been paid shall be indicated when there is exhibited on the vehicle a ticket, issued by a ticket issuing machine relating to an off-street car park in the town in which the vehicle has been left, indicating a date and time, and where the time shown on the clock on the said ticket issuing machine is later than the time shown on the ticket.

10. Subsequent Payments After Payment of Initial Charge

1. On expiry of a free parking period or period of parking for which the initial charge has been paid a person wishing to park for longer period shall do so by purchasing a further pay and display ticket by the insertion into the ticket issuing machine of a combination of coins of the denominations indicated on that ticket issuing machine such that their total value is not less than the appropriate charge for the period of intended stay, as detailed in Schedule 1 to this order. 
    
2. No other ticket issued by a ticket issuing machine shall be exhibited on the vehicle.
    
3. A ticket of the kind referred to in Article 10(i) shall be displayed in terms of Article 4(v).

11. A Residential Exemption Permits

1. Residential exemption permits will be made available only in respect of residential properties
    
2. Only one residential exemption permit per property will be issued, irrespective of the number of people resident in the property at any time.  
    
3. Residential exemption permits can only be used in the off-street car park detailed on the permit. 
    
4. Residents of properties where there is a private parking facility or where there is parking provision will not be eligible for a permit
    
5. There shall be endorsed on any residential parking permit the vehicle registration number relating to the vehicle for which the permit was granted, and any residential exemption permit shall be valid only in respect of that vehicle.  
    
6. There shall be a cost payable on application for a residential exemption permit and once granted, shall be renewed, on application, one year after the date of issue at a cost. 
    
7. The appropriate office of the Council shall require sight of any suitable documentation in connection with the need to determine whether or not an applicant to hold a residential exemption permit is eligible to do so.
    
8. In the event of failure to produce the necessary relevant documentation then the Council shall be entitled to refuse to issue a residential permit for that person.
    
9. The Council shall maintain a database of all residential exemption permit holders pertaining to off-street car parks.
    
10. Residential exemption permits require to be exhibited on the vehicle in a prominent and conspicuous position.

12. Waiving of Restrictions for Leases
    
    If there is in relation to any car park a written lease which includes the permitted use of designated parking space(s) then those parking space(s) shall remain restricted while the lease remains valid. Permission of the Council in writing shall be required for vehicles which do not fall within the permitted vehicle categories for the car park.
     
13. Manner of Standing in Off-Street Car Parks
    
    Every vehicle left in an off-street car park where parking spaces are marked shall only use that off-street car park by parking within a parking space, and shall so stand that every part of the vehicle is within the limits of that parking space.
     
14. Exemptions from Parking Charges and Time Limits

1. If at any time when a vehicle is left during the charging hours in an off-street car park, there are signs on all of the ticket issuing machines relating to that off-street car park placed by an authorised person indicating that the ticket issuing machines are out of order, then the provisions of this order will be suspended but only in regard to payment of the initial charge and only until the end of the charging period.
    
2. A vehicle holding a residential exemption permit (as provided in Article 11 of this order) valid for an off-street car park in that town, shall be exempt from the payment of any charge or from compliance with any limitations of time during which a vehicle may be left in an off-street car park specified in this order.
    
3. A light goods or heavy goods vehicle within the designated loading areas, waiting for so long as may be necessary for the purpose of delivering or collecting goods or merchandised, including the removal of furniture, or the loading or unloading of the vehicle for premises adjacent to the off–street car park in which the vehicle is waiting, provided that the vehicle does not so wait for more than thirty minutes, or such longer period as permitted by a police officer or an authorised person. 

15. Removal of Vehicles etc from Off-Street Car Park  

1. When a vehicle is left in any off-street car park in contravention of any of the provisions of this order, an authorised person, by or on behalf of the Council, may remove, or arrange to have removed, the said vehicle from the car park. When a vehicle is left in an off-street car park, in a position other than a position which it may wait in accordance with this order, an authorised officer may alter or cause to be altered the position of the vehicle. The Council may, by written notice, require the owner of such vehicle to remove the vehicle from an off-street car park, or from any place to which it has been removed for safe custody.  If the owner fails to or refuses to comply with the notice within a period of six weeks from the date of service of the notice the vehicle will be deemed to have been abandoned by the owner and thereafter any person authorised in that behalf by, or on behalf of, the Council may dispose of said vehicle. Any sum recovered therefor, in excess of the parking charges incurred, the costs of disposal and of any other relative sums, will be payable to the owner on application to the Council, and any deficiency arising will be payable by the owner to the Council. 
    
2. Where a trailer has been left in an off-street car park for a period exceeding twenty four hours, the Council may, by written notice require the owner of such trailer to remove the trailer from an off-street car park or from any place to which it has been removed for safe custody.  If the owner fails or refuses to comply with the notice within a period of six weeks from the date of service of the notice the trailer will be deemed to have been abandoned by the owner and any authorised person may dispose of the trailer.  Any sum recovered therefor, in excess of the parking charges incurred, the costs of disposal and any other relative sums, will be payable to the owner on application to the Council, and any deficiency arising will be payable by the owner to the Council.   
    
3. Where a trailer has been left in an off-street car park and the Council after reasonable efforts to ascertain the owner of any trailer, is unable to ascertain the owner the Council may remove the trailer to a place of safe custody, providing the trailer has been occupying a parking space or spaces in the off-street car park for a period exceeding twenty four hours and may thereafter dispose of the trailer after a period of six weeks has lapsed since the trailer was first left in the off street car park. Should the owner be identified at a later date, any sum recovered therefor, in excess of the parking charges incurred, the costs of disposal and any other relative sums, will be payable to the owner on application to the Council, and any deficiency arising will be payable by the owner to the Council.
    
4. Where an obstruction, such as building materials or waste has been left in an off-street car park for a period exceeding twenty four hours, the Council may, by written notice require the owner of such obstruction to remove the obstruction from an off-street car park or from any place to which it has been removed for safe custody.  If the owner fails or refuses to comply with the notice within a period of seven days from the date of service of the notice the obstruction will be deemed to have been abandoned by the owner and any authorised person may dispose of the obstruction.  Any sum recovered therefor, in excess of the costs of disposal and any other relative sums, will be payable to the owner on application to the Council, and any deficiency arising will be payable by the owner to the Council.
    
5. Where an obstruction, such as building materials or waste, has been left in an off-street car park and the Council after reasonable efforts to ascertain the owner of any obstruction, is unable to ascertain the owner the Council may remove the obstruction, providing the obstruction has been occupying a parking space or spaces in the off-street car park for a period exceeding twenty four hours and may thereafter dispose of the obstruction. Any costs incurred may be recovered by the Council should the owner be identified at a later date. 
    
6. Any authorised person removing or altering the position of any vehicle or trailer by virture of this Article may do so by towing or driving the vehicle or moving it in such other manner as may be necessary; and may take such measures in relation to the vehicle or trailer as may be necessary to enable its removal or the alteration of its position, as the case may be; provided that in the event of any vehicle or trailer being removed from any off-street car park, such person shall make such arrangements as may be reasonably necessary for the safe custody of the vehicle or trailer.
    
7. The Council will not be liable for any unavoidable damage arising out of the said removal of the vehicle or trailer.

16. Movement of Vehicles etc in Off-Street Car Parks in Emergencies
    
    A police officer or any authorised person may in case of emergency, move or cause to be moved, to any place thought fit, any vehicle left in an off-street car park.
     
17. Restrictions on use of Off-Street Car Parks

1. No person shall except with the permission of a police officer or any authorised person drive any vehicle in any off-street car park other than for the purpose of leaving that vehicle in the off-street car park in accordance with the provisions of this order, or for the purpose of departing from the car park.
    
2. The driver of a motor vehicle using an off-street car park shall stop the engine as soon as the vehicle is in a parking space and shall not start the engine except when about to change the position of the motor vehicle in the off-street car park or depart from the off-street car park.  
    
3. Where in any off-street car park signs are erected or surface markings laid for the purpose of indicating (a) the entrance to or exit from the off-street car park or (b) that a vehicle using the off-street car park shall proceed in a specified direction within the car park, no person shall drive or cause or permit to be driven, any vehicle (1) so that it enters the off-street car park otherwise than by an access so indicated, or (2) in a direction other than that specified, as the case may be.
    
4. The driver of any vehicle shall not permit the said vehicle to wait in any off-street car park so as to obstruct the entry, exit or movement of any other vehicle.
    
5. No person, without the permission of the Council in writing, shall use a vehicle, while it is in an off-street car park, in connection with the sale of any article to any  person or persons, in or near the car park, or in connection with the selling, offering for hire, or other availability, of the skill or service of any individual or organisation.    
    
6. No person shall use any part of an off–street car park or any vehicle left in an off-street car park for sleeping, camping or cooking purposes, other than with the authorisation of the Council in accordance with the provisions of Article 19.
    
7. No person shall permit any vehicle to wait in any off-street car park unless said vehicle is licensed in accordance with relevant statutory requirements and unless there is, in relation to the use thereof by the driver, such policy of insurance as complies with the relevant statutory requirements,
    
8. No person shall repair or service any vehicle or part thereof, in an off-street car park, other than is reasonably necessary to enable that vehicle to depart from the off- street car park, nor shall any person wash any vehicle in an off-street car park.
    
9. No person shall operate any audio equipment either in or outwith a vehicle while in an off-street car park in such a manner as may be a nuisance to other users of the parking spaces or to owners or occupiers of properties adjoining the off-street car park.
    
10. No person, without the permission of the Council in writing, shall ply for hire in an off-street car park. 
     
11. No person shall wilfully remove or destroy or deface any sign, marking, notice or notice board or any equipment within the off-street car park.
     
12. No person shall park a vehicle for longer than 24 hours without the permission of an authorised person.   
     
13. No person shall use a parking space for the purpose of splitting loads or transferring plant between vehicles or for loading or unloading goods in association with commercial concern.  
     
14. In an off-street car park no person shall:-

1. Erect or cause or permit to be erected any tent, booth, stand, building or other structure without written consent of the Council; or
    
2. Light or cause or permit to be lit any fire; or
    
3. Dump or dispose of rubbish or litter other than in designated bins where provided; or
    
4. Play a game in a parking space or aisle so as to be a nuisance, annoyance or danger to themselves or other users thereof.

18. Restrictions of Waiting of Vehicles in Off-Street Car Parks   
    
    Without prejudice to the foregoing provisions of this order with respect to vehicles which are left in an off-street car park in accordance with those provisions, any vehicle of the type specified hereunder may, subject as hereunder wait anywhere on the aisles of an off-street car park, other than an off-street car park or part of an off-street car park the use of which has been suspended:-

1. a vehicle used for fire brigade purposes, or an ambulance or a police vehicle in each case being used in pursuance of statutory powers; or
    
2. a vehicle in the service of the Council or statutory undertaker in each case being used in pursuance of statutory duties.

19. Powers to Suspend or Reserve Use of Car Parks

1. All or any part of an off-street car park may, at the discretion of the Council be suspended either permanently or temporarily, whenever such suspension is considered reasonably necessary.
    
2. Without prejudice to Article 19(i) the Council may suspend or reserve the use of an off-street car park, or any part thereof, temporarily for events including one-off events whenever and for such period as is considered reasonable.
    
3. Any authorised person suspending or reserving the use of an off-street car park or any part thereof in accordance with the provisions of Articles 19(i) and (ii) shall place or cause to be placed in or adjacent to that car park , or relevant part thereof, a sign or signs indicating that waiting is prohibited.
    
4. No person shall cause or permit a vehicle to be left in any part of an off-street car park, during such period as there is, in or adjacent to that part of the car park, a sign of pursuance of Article 19 (iii). Provided that nothing in this paragraph shall render it unlawful to cause or permit  any vehicle being used for  fire brigade, ambulance or police purposes to be left in any part of a car park during such period as is referred to therein, or any other vehicle to be so left if that vehicle is left with the permission of:-

1. The authorised person suspending or reserving the use of the off-street car park or part thereof in pursuance of this order, or
    
2. A police officer.

20. Powers to Install Ticket Issuing Machines and Carry out Other Works
    
    The Council may:-

1. install, in such positions in or in the vicinity of an off-street car park as they may think fit, such ticket issuing machines and parking information signs as are required by this order for the purposes of that off-street car park; and
    
2. carry out such work as is authorised by this order, or is reasonably required for the purposes of the satisfactory operation of a car park.

21. Reservation of Spaces for Vehicles Displaying Disabled Persons Badge, Electric Vehicles and Goods Vehicles

1. The Council may reserve in any of the off-street car parks affected by this order a suitable number of spaces for vehicles displaying in each case a valid disabled person’s badge and no person shall cause or permit any vehicle to wait in such a space, at any time, without displaying such a badge.
    
2. The Council may reserve in any of the car parks affected by this order a number of parking spaces for electric vehicles. An electric vehicle may only be left in a space reserved for such vehicles whilst charging the vehicle.
    
3. The Council may reserve in any of the off-street car parks affected by this order a suitable area for vehicles designated in categories 4 and 5 of Schedule 3 for loading and unloading   

22. Responsibility of Driver
    
    The person who is driving the vehicle at the time when it was left in the Off-street car park shall be responsible for complying with the provisions of this order and unless otherwise proved the owner of the vehicle shall be deemed to be the driver of the vehicle.  
     
23. Responsibility of East Dunbartonshire Council
    
    The Council will accept no responsibility for the death or personal injury or loss suffered by any person within the off-street car park or for the loss of, damage to or theft from any vehicle left in the off-street car park.     
     
24. Revocations of Existing Traffic Regulation Orders
    
    The Order specified in Schedule 4 to this order shall have effect subject to the amendments specified in that Schedule 4.

Sealed with the Common Seal of the Council and subscribed for them and on their behalf by Karen M Donnelly, Chief Solicitor and Monitoring Officer at Kirkintilloch on the Sixteenth day of May in the year Two thousand and sixteen.

(sgd) Karen M Donnelly

Karen M Donnelly
Chief Solicitor & Monitoring Officer