Kilkenny County Council Control of Horses Act 1996 – Draft Bye-Laws 2020 March 2021
Background ▪ A notice of motion passed by Council on the 19th February, 2018; "That Kilkenny County Council liaise with the Gardai to explore the idea of creating Horse Free Zones in the City & County and introduce a system of exemptions …” ▪ The issue of horse control generally and in particular the drafting of the new ByeLaws has been a regular topic of discussion at Joint Policing Committee (JPC) Meetings in recent years. ▪ An Garda Siochána in April, 2019, sought the introduction of horse free zones within the historic core of Kilkenny City for traffic and public safety reasons. ▪ Having consideration to above and on foot of a review the Council exercising powers conferred under the Control of Horses Act 1996 (No. 37 of 1996), propose to make Bye-Laws for the Control of Horses in the County of Kilkenny and to make provision for the Control and Welfare and Licensing of horses in the County.
Consultation ▪ Prior to public consultation the draft Bye-Laws were presented to the SPC 4 in September 2020. ▪ A Public Notice pertaining to the draft Bye-Laws was advertised Friday 30th October 2021. ▪ Draft Bye-laws particulars were available for inspection at various Council buildings from Friday 30th October, 2020, to Thursday 3rd December, 2020 , by appointment ▪ Copies of the draft Bye-Laws were made available free of charge from the Environment Section. ▪ Details were also available on the Council website. ▪ Draft Bye-Laws were also issued to 21 no. Statutory and Non-Statutory Bodies who were invited to make submissions. ▪ Written or online submissions were accepted up to 4.00pm on Tuesday 15th December, 2020. ▪ A total of 3 no. submissions were received for this project.
Draft Control of Horse Bye-Laws • As per the current Control of Horse Bye-Laws 2015 the entire area of the County of Kilkenny is proposed to be declared a Control Area for the purpose of the Act and these Bye-laws. • In total there are 17no. Bye-laws within the draft before Council. • Horse owners as before, except in limited circumstances, will be required to have a licence to keep a horse. The restrictions on the racing of horse drawn vehicles on public roads is also retained. These measures are necessary to control horse numbers and prevent them causing a nuisance, annoyance or injury to the public or themselves or damage to property • The new Bye-Laws also stipulate the provisions on how horses should be kept, stabled and cared for and the procedure for seizure of horses where they are not under adequate control. • The main new provision in the revised Bye-Laws is the introduction of horse exclusion zones in identified areas in the central core of Kilkenny City, as a public safety, animal welfare and property protection measure. • Following consultation with the Gardaí, a list of 26 streets, laneways and public areas in the City Centre have been designated under the new Bye-Law.
• There are 7no. exemptions permitted within the exclusion zone.
16(a) Exclusion Areas • Parliament Street • High Street • The Parade • Patrick Street
• • • • • • •
• Johns Street • Kieran Street • Pennyfeather Lane • • Friary Street • • William Street
• Michael Street • Maudlin Street • Peace Park • Market Yard Bateman Quay • Horse Barrack Lane Evan’s Lane New Building • St. Francis Bridge Lane • Lady Desart Abbey Street Bridge • Irishtown Johns Quay Poyntz Lane Colliers Lane Chapel Lane James Street
Brief Summary of Key Submissions • States that the exclusion zones discriminate against some members of the community that have no access to transport apart from horses. • Queries whether equine transport by vehicle and access from one side of the city to the other is permissible. • Queries the use of horse drawn carriages for funerals. • States that the Bye-Laws serve to eradicate horse ownership. • It is not proven that the proposed new exclusion zone measures are required. • Suggests that there will be a negative impact on the City Centre from the necessity to erect exclusion zone signage.
Engagement Enforcement & Recommendation • The newly established Animal Welfare Standards Committee were recently given an overview of draft Bye-Laws and have welcomed same. • Copies of Bye-Laws and maps will be circulated. • Kilkenny County Council intent to undertake an extensive engagement process through reps of the KTCM, reps of horse owners from St. Catherine and St. Mary’s and possibly the Community Healthcare Project. • Proposed commencement date of Bye-Laws is 1st May 2021. • Council and Gardaí will continue to enforce Bye-Laws with the Gardaí taking the primary role of enforcement within the exclusion zone • These Bye-Laws once adopted, will replace the Control of Horses Act, 1996 Bye-Laws 2015. • Chief Executive’s recommend that the draft Kilkenny County Council Control of Horses Act, 1996, Bye- Laws 2020 be adopted by Council.