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21.—(1) A local authority may make bye-laws for the purposes of preventing the creation of, and controlling, litter within its functional area.
(2) Without prejudice to the generality of subsection (1), bye-laws made under that subsection may make provision for all or any of the following matters:
(a) the prohibition or regulation of the distribution to the public of advertising material or specified categories of advertising material,
(b) the regulation of the movement, location, use and operation of mobile outlets so as to secure the prevention or removal of litter at or in the vicinity of such outlets,
(c) requiring occupiers of specified premises or classes of premises to take such measures as are deemed necessary by the local authority to prevent or limit the creation of litter at or in the vicinity of such premises and provide for its removal,
(d) requiring the promoters or organisers of events at which large numbers of persons are likely to be present to take measures to prevent or limit the creation of litter at the events and provide for its removal,
(e) requiring the owners or managers of specified businesses or classes of business to wash, clean and brush down the public area outside of premises in which their business is carried on or cause those things to be done,
(f) the regulation of the provision and use of supermarket trolleys, including the imposition of duties on the owners or managers of retail outlets in cases where supermarket trolleys from those outlets are abandoned.
(3) A bye-law under subsection (1) shall not apply to—
(a) the distribution of advertising material by means of a direct delivery to a place having an address, or
(b) the distribution of advertising material relating to a presidential election within the meaning of the
Presidential Elections Act 1993
, a general election or a bye-election, within the meaning, in each case, of the
Electoral Act 1992
, a local election within the meaning of the
Local Government Act 2001
, a referendum, within the meaning of the
Referendum Act 1994
, an election of representatives to the European Parliament under the
European Parliament Elections Act 1997
, or an election of members of Údarás na Gaeltachta under the Údarás na Gaeltachta Act 1979.
(4) A bye-law under subsection (1) shall be made in accordance with, and shall be construed for the purposes of its enforcement as if it were made under, Part 19 of the
Local Government Act 2001
.
(5) Bye-laws made under subsection (1) may contain such incidental, supplementary and consequential provisions as appear to the local authority making them to be necessary.”.
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