MEETING OF CLONDALKIN AREA COMMITTEE
Wednesday, October 21, 2015
MOTION NO.12
MOTION: Councillor F. Timmons
Cathaoirleach’s Business
“That this area committee calls on each candidate for the upcoming general to respect the existing Voluntary Poster Ban in Clondalkin Village.”
REPORT:
It is not an offense to erect election posters. However posters may only be erected for a certain specified period of time before and after polling day.
An agreement not to display posters particularly political posters can only be enforced on a purely voluntary basis, without any official status or basis under legislation. The success of any voluntary poster ban and designation of a poster free area within specified boundaries is a voluntary code, and could only be implemented by agreement of all political candidates.
An agreement not to display posters, particularly political posters, has been in place in Lucan Village for a number of years, and seems to have been arranged by local interest groups. This agreement is without any official status, it appears to have been agreed locally and enforced locally on a voluntary basis.
Enforcement of the Litter Pollution Act 1997 is carried out by the Council’s Litter Wardens.
Section 19(1) of the Litter Pollution Act, 1997 as amended, states that “where any structure or other land, door, gate, window, tree, pole or post is in or is visible from a public place, a person who is not the owner, occupier or person in charge thereof shall not exhibit or cause to be exhibited thereon any article or advertisement….unless the person is authorised in advance to do so in writing by such owner, occupier or person in charge or by or under any enactment.”
This therefore provides a de facto poster ban on public property, and requires permission from property owners/occupiers for the use of any other places visible from a public place.
