BATHING BEACH (REGIONAL COUNCIL) BY-LAWS

BATHING BEACH (REGIONAL COUNCIL) BY-LAWS

BATHING BEACH (REGIONAL COUNCIL) BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page
1. Citation ... ... ... ... ... ... ... ... ... ... ... .. ... ... ... ... D 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... D 2
3. Temporary closure of beaches ... ... ... ... ... ... ... ... ... ... ... D 2
4. Protection of beaches ... ... ... ... ... ... ... ... ... ... ... ... ... D 2
5. Erection of beach structures ... ... ... ... ... ... ... ... ... ... ... D 2
6. Provision of public facilities at beaches, etc . ... ... ... ... ... ... ... ... D 3
7. Bill posting and notices ... ... ... ... ... ... ... ... ... ... ... ... D 3
8. Animals and vehicles ... ... ... ... ... ... ... ... ... ... ... ... ... D 3
9. Reservation of areas for swimmers ... ... ... .. ... ... ... ... ... ... D 3
10. Protection of areas set aside for swimmers ... ... ... ... ... ... ... ... D 4
11. Music and singing... ... ... ... ... ... ... ... ... ... ... ... ... D 4

12. Public meetings and assemblies ... ... ... ... ... ... ... ... ... ... ... D 4

13. General conduct ... ... ... ... ... ... ... D4
14. Offences and penalties ... ... ... ... ... ... ... ... ... ... ... ... ... D 5

15. Name in which proceedings for offences may be brought ... ... ... ... ... D 5
16. Saving of Summary Offences Ordinance ... ... ... ... ... ... ... ... ... D 5





BATHING BEACH (REGIONAL COUNCIL) BY-LAWS

(Cap. 132, section 109)

[ 11 November 1960.]

1. These by-laws may be cited as the Bathing Beach (Regional
Council) By-laws.

2. In these by-laws, unless the context otherwise requires-

'bathing beach' means any bathing beach which is specified in the
Fourth Schedule to the Ordinance and which is situated in the
Regional Council area;

'Council' means the Regional Council.

3. (1) The Council may, from time to time, for the purpose of the
cleansing of any bathing beach or in the interests of the health or safety
of persons using any such beach

(a)close, or cause to be closed, to the public any such beach or
any part of any such beach; or

(b)restrict, or cause to be restricted, the use of any such beach or
any part of any such beach,

for such period as the Council may consider necessary having regard to
the circumstances.

(2) Any such closure of, or restriction of the use of, a bathing
beach shall be effected by the posting of a notice to that effect in any
conspicuous manner on the beach.

4. No person shall, on any bathing beach-

(a) do any act which is likely to endanger, obstruct, inconven-
ience or annoy any other person using the beach; or

(b)do any act which is likely to damage, foul, litter, deface or
disorder the beach or any thing situated thereon, or to pollute
the water adjacent to the beach; or

(c)light a fire other than in an area set aside by the Council for
use by the public for cooking food.

5. Save with the consent of the Council (which may be granted on
payment of such fee as the Council thinks fit) or by virtue of a lease
from the Crown or an agreement for the grant by the Crown of a lease,
and subject to such conditions as may be specified on the granting of
such consent or in any such lease or agreement, no person shall erect or
maintain any building, shed, matshed, tent, booth, stand or other
structure on any bathing beach:





Provided that the Council may, by notice posted at any bathing
beach, permit the temporary erection of tents, shades and awnings for
the personal use of the respective owners thereof during such times and
on such parts of the beach as are specified in the notice.

6. (1) Save in pursuance of a contract entered into with the Council,
no person shall, at any bathing beach, sell, offer or expose for sale, or
let to hire or offer or expose for letting to hire, or otherwise trade or deal
in

(a)any sunshade, deck-chair or inflatable or other beach
equipment of any kind whatever;

(b)any vessel or any appliance or equipment used by bathers or
swimmers;

(c)any rod, line, fishspear, net, bait or other fishing equipment;
or

(d)any food, drink, clothing, towels, bathing costumes, toys or
other articles whatever.

(2) Any person who in pursuance of any such contract hires to
bathers or swimmers any bathing costumes or towels shall cause each
such costume or towel to be sterilized by immersion in boiling water for
not less than 30 seconds after each occasion upon which the same is
hired.

7. Save with the permission in writing of the Council, and subject
to such conditions as the Council may specify, no person shall affix,
erect, exhibit or distribute any bill, placard or notice at any bathing
beach.

8. (1) Save with the permission in writing of the Council, no person
shall bring, or cause or suffer to be brought, on to any bathing beach

(a) any vehicle, except a perambulator; or

(b) any animal.

(2) Where any bathing beach includes any road, or part of a road,
which is provided for use by vehicles, the provisions of paragraph (1)
shall not apply to any vehicle which is brought, or caused or suffered to
be brought, on any such road.

9. (1) The Council may set aside for the sole use of swimmers the
whole or any part of the waters adjacent to any bathing beach.

(2) Where any waters are set aside under paragraph (1), the
Council shall cause the area so set aside to be demarcated in such
suitable manner as, in its opinion, will best draw thereto the attention of
persons using the beach:





Provided that, where the whole of the waters adjacent to any
beach are so set aside, it shall be sufficient to post a notice to that
effect in any conspicuous place upon the beach.

10. (1) Save with the permission in writing of the Council, no
person shall, without reasonable cause or excuse, bring into or use in, or
cause or suffer to be brought into or used in, any part of the waters
adjacent to any bathing beach set aside for the use of swimmers under
by-law 9(1) any vessel or any surf-board or waterskis or any board
designed or adapted for use in water by being propelled by wind.

(2) For the purposes of paragraph (1), the expression 'vessel' shall
not include inflatable rubber dinghies or other inflatable articles unless
the same are propelled by motors, sails, oars, paddles or poles.

(3) Save with permission in writing of the Council, no person shall,
without reasonable cause or excuse, engage in any of the activities
commonly known as parachute jumping or parasailing on or from or over
any bathing beach or into or from or over any part of the waters
adjacent to any bathing beach set aside for the use of swimmers under
by-law 9(1).

11. Save where the Council has, in writing, permitted the operation
or playing of, or the making of any sounds by means of, any such
musical instrument or the singing of any song, no person shall, on any
bathing beach, to the annoyance of any other person using the beach,
operate, play, or make any sounds by means of, any musical or other
instrument, including any gramophone or radio apparatus, or sing any
song.

12. Save with the permission in writing of the Council, no person
shall, on any bathing beach, deliver, utter or read to the public any
speech, lecture, prayer, scripture or sermon, or enter into any public
discussion, or hold or cause to be held, or take part in, any public
meeting or procession.

13. No person shall, on any bathing beach-

(a) spit;

(b) use obscene language;

(c) indecently expose his person;

(d)conduct himself otherwise than in a peaceful, decent and
orderly manner;

(e)leave any litter, paper or rubbish (save in containers provided
for such purpose);

(f) wilfully throw or deposit any glass, china or tin, or any oyster
or other shell, or any sharp or injurious article or substance
likely to cause injury to persons using the beach; or

(g) sort rags, bones, refuse or any like matter.





14. Any person who-

(a)contravenes any of the provisions of by-law 4, 5, 6, 7,
8(1), 10(1) or (3), 11, 12 or 13; or

(b)without reasonable cause or excuse, fails to comply
with any of the requirements of a notice posted under
by-law 3(2),

shall be guilty of an offence and shall be liable on summary
conviction to a fine of $500 and to imprisonment for 14 days, and,
where the offence is a continuing offence, shall be liable in addition
to a fine of $10 for each day during which it is proved to the
satisfaction of the court that the offence has continued.

15. Without prejudice to the provisions of any other enact-
ment relating to the prosecution of criminal offences and without
prejudice to the powers of the Attorney General in relation to the
prosecution of such offences, prosecutions for an offence under any
of the provisions of these by-laws may be brought in the name of the
Council.

16. Nothing in these by-laws shall be taken or construed to the
prejudice of the provisions of the Summary Offences Ordinance.
G.N.A. 68/60. L.N. 17/83. L.N. 67/85. 10 of 1986. G.N.A. 132/60. Citation. 10 of 1986, s. 32(2). Temporary closure of beaches. 10 of 1986, s. 32(2). Protection of beaches. L.N. 17/83. 10 of 1986, s. 32(2). Erection of beach structures. 10 of 1986, s. 32(2). Provision of public facilities at beaches, etc. 10 of 1986, s. 32(2). Bill posting and notices. 10 of 1986,s. 32(2). Animals and vehicles. 10 of 1986, s. 32(2). Reservation of areas for swimmers. 10 of 1986, s. 32(2). Protection of areas set aside for swimmers. 10 of 1986, s. 32(2). L.N. 17/83. Music and singing. Public meetings and assemblies. General conduct. Offences and Penalties. L.N. 17/83. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2). Saving of summary offences ordinance. 10 of 1986, s. 32(2). (Cap. 228.)

G.N.A. 68/60. L.N. 17/83. L.N. 67/85. 10 of 1986. G.N.A. 132/60. Citation. 10 of 1986, s. 32(2). Temporary closure of beaches. 10 of 1986, s. 32(2). Protection of beaches. L.N. 17/83. 10 of 1986, s. 32(2). Erection of beach structures. 10 of 1986, s. 32(2). Provision of public facilities at beaches, etc. 10 of 1986, s. 32(2). Bill posting and notices. 10 of 1986,s. 32(2). Animals and vehicles. 10 of 1986, s. 32(2). Reservation of areas for swimmers. 10 of 1986, s. 32(2). Protection of areas set aside for swimmers. 10 of 1986, s. 32(2). L.N. 17/83. Music and singing. Public meetings and assemblies. General conduct. Offences and Penalties. L.N. 17/83. 10 of 1986, s. 32(2). Name in which proceedings for offences may be brought. 10 of 1986, s. 32(2). Saving of summary offences ordinance. 10 of 1986, s. 32(2). (Cap. 228.)

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