Draft proposal of PSPO
The Braintree District Council (“the Council”) makes this order under section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014, having consulted as required by section 72.
The order takes effect on ******** and has a duration of 3 years.
This order relates to the whole of the Braintree District Council District as shown edged red on the attached plan (the restricted area).
The Council makes the order, being satisfied on reasonable grounds, that the following activities have been carried out in the restricted area which have had a detrimental effect on the quality of life of those in the locality.
The Council is also satisfied that the effect, or likely effect of these activities is, or is likely to be, of a persistent or continuing nature and these activities are unreasonable and justify the restrictions imposed by the notice.
The activities carried out are:
- Motor vehicles being raced against one another by two or more vehicles.
- Motor vehicles driven at excessive speed.
- Repeated sudden or rapid acceleration or deceleration of motor vehicles (braking) (as to cause a public nuisance).
- Revving of engine(s) (as to cause a public nuisance).
- Performing stunts (including but not limited to dough-nutting, drifting, skidding, handbrake turns, wheel-spinning) being performed in motor vehicles (as to cause a public nuisance).
- Sounding horns (as to cause a public nuisance).
- Causing or allowing loud amplified music or other very loud noise to be emitted from a motor vehicle or from a portable device (as to cause a public nuisance).
- Causing obstruction on a public highway, whether moving or stationary, including driving in convoy, this includes but is not limited to pedal cycles, scooters, motor vehicles and motor bikes.
The Council therefore under section 59(4) prohibits:
- engaging in, promoting, encouraging, or assisting in the carrying out of any activity connected to the use of a motor vehicle, inclusive of motorbikes on a public highway, public car park or any other land to which the public has access in the Braintree District area (Restricted Area) and which causes or is likely to cause harassment, alarm, or distress.
- congregating or loitering as part of a group surrounding or within one or more stationary vehicles at any time where such activity causes noise, exhaust fumes, harassment, alarm, or distress.
- causing or permitting excessive amplified music or vehicular noise, and/or excessive emissions of exhaust fumes where such activity causes harassment, alarm, or distress.
- Driving motor vehicle in a convoy in such a manner causing or being likely to cause a nuisance to persons in the locality of the restricted area.
- Performing stunts using a motor vehicle in a manner causing or being likely to cause a nuisance to persons in the locality of the restricted area. Stunts include but not limited to; Handbrake turns; drifting; wheelies; wheel spins and doughnuts.
- Causing obstruction on a public highway, whether moving or stationary causing or being likely to cause a nuisance to persons in the locality of the restrict area.
Nuisance is defined as including but not limited to any the of the following consequence:
- Excessive Noise
- Danger or risk of injury to road users (including pedestrians)
- Damage of significant risk of damage to property
- Significant risk of harm
- Significant annoyance to the public
Failure without reasonable excuse to comply with the prohibitions or requirements imposed by this order is a summary offence under section 67 of the 2014 Act.
Any person guilty of an offence under sections 67 is liable on a summary conviction to a fine not exceeding level 3 on the standard scale.
A constable or an authorised person may under section 68 of the 2014 Act issue a Fixed Penalty Notice to anyone he or she has reason to believe has committed an offence under section 67 in relation to this order. Persons who breach this order, shall when ordered to do so by an authorised person disperse either immediately or by such time as directed.
Restricted Area
The activities described above would be prohibited across the entire Braintree District.
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