Beach Bye Laws
2009
BYE
LAWS GOVERNING BEACHES AT
BOOTERSTOWN,
BLACKROCK,
SEAPOINT,
SANDYCOVE, FORTY FOOT,
THE
RAMPARTS/HAWK CLIFF,
WHITE
ROCK, KILLINEY
&
CORBAWN LANE
and other designated areas along the
coastline of
Dun Laoghaire Rathdown
IN THE COUNTY OF
DUN LAOGHAIRE RATHDOWN
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BYE LAWS
MADE BY
Dun Laoghaire Rathdown County Council in the
exercise of its powers conferred under Part 19 of the Local Government
Act 2001; the Local Government Act 2001 (Bye-Laws) Regulations 2006;
the Maritime Safety Act 2005; the Control of Horses Act 1996; Litter
Pollution Acts 2003; Control of Dogs Act 1986 as amended; the Local
Government (Sanitary Services) Acts 1878-1964; the Local Government
(Water Pollution) Acts 1977 as amended, the Casual Trading Act 1995,
Bye Laws made regarding the Consumption of Alcohol in a Public Place
2003, and such other enactments, hereby makes in the interests of the
common good, the following Bye Laws for the purposes of regulating the
use of beaches adjoining and within the functional area of the County
of Dun Laoghaire Rathdown.
1. TITLE
These ByeLaws may be cited as the Dun Laoghaire
Rathdown County Council Beach Bye-laws 2009. These Bye Laws supersede Bye Laws Governing
the Beaches at Killiney, Seapoint and Corbawn 1998.
2.INTERPRETATION
Throughout the Bye-Laws,
unless the context otherwise requires, the following words and expressions
have the meaning hereafter respectively assigned to them, that is to
say: -
“Authorised Person”
means any employee of the Council, any member of the Garda Siochana
or any person designated by the Council for the purposes of these bye
laws.
“Beach” refers to
that area of the seashore and the foreshore, outlined in red on the
attached maps for the beaches of Blackrock, Seapoint, Sandycove, Forty
Foot, White Rock, Killiney, Corbawn and such other beaches or bathing
areas as may be designated by the Council. The words “seashore & foreshore” are defined
in the Foreshore Act, 1933. For the purpose of these Bye Laws a “beach”
shall include:
i.
any strand;
ii.
any sea for a distance from the strand
to 300 metres (seawards) from the low water mark;
iii.
Any walls, railings, barriers, fence,
roadways, seats, footpath, ramps, alleyways, access, walkways, step,
sewer, drain or gully thereon;
iv.
Any post, sign, notice, sign board,
life saving apparatus or equipment, toilet, litter receptacle, lamp,
lamp-post, appliance, flag pole, flag, water pipe, gas pipe, hut, shelter,
ornament, building or other structure forming part thereof or erected
by the Council or by the authority of the Council either on the beach
or adjacent to the beach for the benefit of users of the beach;
v.
Any tree, shrub, bush hedge, flower
bed, turf, grass or other plant growing thereon or placed thereon by
the authority of the Council;
vi.
Any implement, barrow, article, tractor,
trailer or thing thereon belonging to the Council or placed thereon
by the authority of the Council.
“Council” means the
Council of the County of Dun Laoghaire- Rathdown
“Consent of the Council”
means the permission in writing, of an authorised person.
“Controlled drug”
means any substance, product or preparation, which is specified in the
schedule to the Misuse of Drugs Act, 1977 or any amending act or regulations.
“Designated Area”
means an area designated pursuant to Bye Law No. 3 (L – Fishing)
“Employee of the
Council” shall include every Superintendent, Supervising Official, Litter
Warden, Dog Warden, Lifeguard, or other person employed by and duly
authorised by the Council to administer and enforce these bye-laws.
“Foreshore” means
the bed and shore, below the line of high
water of ordinary or medium tides, of the sea and of every tidal
river and tidal estuary and of every channel, creek and bay of the sea
or of any such river or estuary, as described in the Foreshore Act 1933.
“Kite Karting” means
a wind operated craft requiring a small cart and single handed or two
handed kite.
“Kite Surfing” means
a wind operated craft and single handed or two handed kite.
“Land Yachting” means
a wind operated craft which requires a small land yacht and vertical
wing sail.
“Personal Watercraft”
means a craft (other than a recreational craft) of less than 4 metres
in length which uses an internal combustion engine having a water jet
pump as its primary source of propulsion and which is designed to be
operated by a person or persons sitting, standing or kneeling on, rather
than within the confines of a hull; as described in the Maritime Safety
Act 2005.
“Proposed Natural
Heritage Areas” (pNHA’s) are proposed sites designated by the Irish
National Parks and Wildlife Service for the protection of wildlife in
that area.
“Quad Bike” means
a vehicle like a motorcycle, with four large wheels, designed for agricultural,
sporting and other off-road uses.
“Recreational Craft”
means a craft of not more than 24 metres in length (measured in accordance
with the ISO standard EN ISO 8666:2002 – Small craft – Principal data)
intended for sports and leisure purposes; as specified in the Maritime
Safety Act 2005.
“Seashore” means
the foreshore and every beach, bank and cliff contiguous thereto and
includes all sands and rocks contiguous to the foreshore, as described
in the Foreshore Act 1933.
“Special Areas of
Conservation” (SAC’s) are prime wildlife conservation sites designated
under the EU Habitat’s Directive (1992/43/EEC) for the conservation
and protection of habitats and species of importance in a European Context.
“Swimming” includes,
floating, paddling or otherwise being in the sea for leisure purposes.
“the Act” means the
Maritime Safety Act 2005
3.PROHIBITED ACTS
No person shall carry out any of the following
acts on the beach:
1.
Nuisance: Cause
a nuisance or do any of the following acts, which would be likely to
cause a nuisance:
2. Litter: Bring,
deposit or discharge soil, filth, refuse, rubbish, stones, earth or
throw deposit or leave any item of litter as defined in the Litter Pollution
Acts, 2003 or dump/abandon/vandalise vehicles on the beach.
3. Motor Vehicles:
Drive, propel or park any motorcar, motorbike, van trailer, campervan,
caravan, mobile home, quad bike or other mechanically propelled vehicle
(including quads) or motorcycle on the beach other than in an area designated
for this purposes.
This bye-law shall
not apply to a vehicle operated by any Council employees or its agents,
member of An Garda Siochana, permanent Defence Forces, Civil Defence
or Coast Guard, for the purposes of the performance of any of their
duties.
4. Firearms: Bring
onto the beach any firearm, airgun, catapult or any other weapon.
5. Fires: Light
any fires including bonfires or burn any materials on the beach.
6. Games:
Play any game or sport including football,
handball, golf, hurling, cricket, tennis or other activity in such a
manner as to cause or to be likely to cause a nuisance, danger, damage,
obstruction or discomfort to any other person or property.
7. Public Swimming
Events: Organise swimming
events including, triathlons or gala swimming days without the written
consent of the Council.
8. Beg: Beg, use obscene
of profane language, behave indecently or importune or otherwise cause
annoyance to others.
9. Noise: Create or
cause any noise including playing music from radios, stereos or musical
instruments at such level as to give rise to or to be likely give rise
to, reasonable cause for annoyance to any person.
10. Graffiti:
Injure, disfigure, write graffiti on or mark any structure, seat, chair,
sculpture, notice or notice board.
11.
Animals:
i. No person shall take or allow to enter
on a beach any animal which is under their ownership or control, during
the hours of 10.00 a.m. and 7.00 pm June to September inclusive.
ii.
Without prejudice to i. above,
a Person in charge of a dog shall at all times ensure the following
a)
it
is on a leash and under adequate control;
b)
it
is not causing annoyance to any person using the beach or worrying,
chasing, injuring or disturbing any animals, birds or other creatures
on the beach;
c)
its
faeces is removed and deposited in a litterbin or other receptacle,
which may be designated for this purpose.
iii. This Bye-Law shall not apply to guide dogs
for the blind.
iv. Persons bringing any animal onto the beach
shall be responsible and liable for any damage, injury to property or
persons which may be caused by it.
v. Persons in charge of specified classes of
dogs must ensure that they comply with the Control of Dogs Act 1986
and the 1992 Control of Dogs (Amendment) Act and the Statutory Instruments
S.I. No. 442 of 1998 Control of Dogs Regulations
12. TRADE,
ADVERTISING, ETC.:
(a) Sell: No
person shall Sell, hire, expose, offer for sale any vehicle,
boat conveyance, chair, article, animal, commodity or thing whatsoever,
save with the written permission of an authorised officer and in accordance
with the Casual Trading Act 1995 and bye laws made there under.
(b) Exhibit:
No person shall exhibit any advertising board, placard, wares, merchandise
or play any musical instrument or sing for gain on the beach, save with
the permission of an authorised officer and in accordance with the Casual
Trading Act 1995 and any bye laws made there under.
13. OBSTRUCTION,
ETC.
No person shall wilfully cause danger,
obstruction or annoyance to persons using the beach or wilfully obstruct
any officer of the Council in the execution of his duty or in the proper
execution of any work in connection with the enforcement of these bye-laws;
14. CARAVANS,
ETC.
(a)
No
person shall sleep on the beach.
(b)
No
person shall sleep in vehicles on the beach nor shall they place or
keep any caravan or dormobile on any part of the beach save with the
permission in writing of the Council and subject to the terms and conditions
of such permission.
15. FILMING
No person shall make any movie or film
on a commercial basis on a beach except with the consent of the Council
and subject to the terms, conditions and fees associated with such consent.
16. SPORTS TRAINING
No person shall engage in team sports
training on any part of the beach and in particular shall refrain from
using for such training any portion of the beach which comprises sand
dunes, save with the consent of the Council.
17. FISHING
a)
Fishing
and angling is prohibited at locations specified in Part IV of Schedule
2.
b)
The
Council (elected members) may designate other locations or times where
fishing and angling is prohibited.
c)
No
person shall spread, fix or leave any nets, bait, lines, boxes, fishing
gear, fish or shells in any such area where fishing is allowed (e.g.
any beached area under the Councils control).
4.
WATER SPORTS, PERSONALISED WATERCRAFT & RECREATIONAL CRAFT
a.
The use of personal watercraft
is prohibited save in accordance with a permit granted by the Council
and the conditions thereto.
b.
Personal watercrafts may only
be operated in accordance with the conditions specified in Part II of
Schedule 1 of these Bye-Laws.
c. Personal watercrafts may only be launched from
areas designated in Part I of Schedule 1 of these Bye-Laws.
d. Every person in charge of a personal watercraft
must hold a permit as issued by the Council for a set fee as set out
in Schedule 1 and shall act in such a manner as not to cause annoyance
to any person using a beach or swimming in the sea or to disturb naturally
occurring flora and fauna.
e. Every person bringing a personal watercraft or
power boat onto the beach area shall be responsible and liable for any
damage or injury to property or persons, which may be caused by it.
f. Every person bringing a personal watercraft
or powerboat onto the beach area must remove it from the beach area
if so directed by an authorised employee of the Council.
g. The use of personal watercrafts or powerboats
within 300 metres of the foreshore is prohibited except at the designated
launch area.
h. Operators
of personal watercraft or powerboats shall travel at such reduced speed
of 5 knots when entering and exiting the designated launch area and
in the vicinity of bathers.
i. Permits:
Each person wishing to operate a personal watercraft must obtain
a permit from the Council, authorising him/her to do so at a location
designated by the Council for such activity, at a fee set by the Council,
see schedule 1. This permit must
be renewed on an annual basis and may be subject to increase.
This permit must be produced when requested by an authorised
officer or member of An Garda Siochana.
5.
LIFEGUARDS
a. Lifeguards shall patrol the beaches of Seapoint,
Sandycove and Killiney during periods and at times designated by the
Council.
b. Any persons on the beach shall comply with
any and all directions given to them by Lifeguards in the course of
performing their duties.
6.
REFUSAL OF PERMISSION
a.
Where a permit or
permission of the Council is required for any purposes mentioned in
these Bye-Laws, the Council may at its discretion grant such permit
or permission, refuse such permit or permission or grant such permit
or permission subject to specified conditions.
b.
Without prejudice
to the generality of (a), the Council may at its discretion refuse to
grant such permit or permission having regard to the character of the
applicant, the number of persons already having such permits or permissions
or to the general comfort and convenience of other persons using the
beach.
7.
LICENCES
Every
licence granted to any person, club or organisation of any portion of
the beach shall be in accordance with such conditions as shall be laid
down by the Council from time to time provided always that the Council
shall be entitled to add conditions to existing licences.
8.
OFFENCES
a.
It shall be lawful
for any Authorised Person or member of the Garda Siochana to enforce
these bye-laws and to exclude or remove from any part of the beach any
person committing any breach of the above bye-laws and to take any such
action as may be necessary in the enforcing of these bye-laws.
b.
A person who contravenes
a provision of these bye-laws shall be guilty of an offence and shall
be liable on summary conviction to a fine not exceeding €1,905 subject
to relevant legislation.
c.
If the contravention
of a provision of these bye-laws is continued after conviction, the
person causing the contravention shall be guilty of a further offence
and shall be liable on summary conviction to a fine not exceeding €125
per day.
d.
A person who obstructs
or impedes refuses to comply with a request of an authorised person
or member of the Garda Siochana acting in the exercise of the functions
conferred on an authorised person by these bye-laws shall be guilty
of an offence.
e.
Where an authorised
person or member of the Garda Siochana is of the opinion that a person
is committing or has committed an offence to which the bye-laws relate,
the authorised person may demand the name and address of such person
and if this demand is refused or the person gives a name or address
which is false or misleading, the person shall be guilty of an offence.
f.
Where a member of
the Garda Siochana is of the opinion that a person committing or has
committed an offence to which these bye-laws relate, that member may
arrest the person without warrant.
g.
An offence under
these bye-laws may be prosecuted by the local authority, which made
the relevant bye-law, by any
other local authority acting on its behalf or by a member of the Garda
Siochana.
h.
A person may be served
with a notice specifying a fixed payment, not exceeding € 150.00, in
respect of a contravention of a bye-law as an alternative to a prosecution
for the contravention. Notice of the fixed payment shall be in the general
form of the notice set out in the Schedule to these bye-laws.
i.
Nothing herein contained
shall be construed to prevent the lawful operation by authorised port
and harbour authorities of their statutory functions.
j.
Nothing in or done
under any of the provisions of the foregoing bye-laws shall, or shall
be deemed to operate as a grant by or on behalf of the state of any
estate or interest in or right over the foreshore below high water mark
or any part thereof nor shall anything contained in or done under any
of the provisions of the foregoing bye-laws prejudice or injuriously
affect the rights and interests of the State in such foreshores.
SCHEDULE
1
Use
of Personal Watercraft (i.e.
Jet Skis)
Part
I Launch and Operation of Personal Watercraft
a)
Users
of Personal Watercraft must hold a permit issued by the Local Authority.
b)
Personal
Watercraft may only be launched from a designated area. Dun Laoghaire Rathdown designates the rear
of the West Pier as the designated area.
Personal watercraft may be launched via the slipway from the
sailing school into the sea.
c)
Personal
Watercraft may only operate up to 10am and after 7.30pm.
d)
Personal
Watercraft must not be operated within 300 metres of the foreshore.
Part
II Conditions of Use
a)
The
fee for the holding of this permit shall be €50 per annum.
b)
The
permit must be renewed on an annual basis and the amount is subject
to increase.
c)
Each
craft will be issued with a permit number and on request by either an
Authorised Officer or a member of An Garda Siochana, must produce the
permit and/or permit number.
SCHEDULE
2
Part
I
Designated
Bathing Areas, as per Department of the Environment, Heritage and Local
Government
Seapoint
Bathing Area
Killiney
Beach
Part
II
Reserved
Bathing Areas, as per Dun Laoghaire Rathdown County Council
Blackrock
Beaches
Seapoint
Bathing Area
Sandycove
Beach
Forty
Foot Bathing Place
The
Ramparts/Hawk Cliff
White
Rock
Killiney
Beach
Corbawn
Lane Beach
Part
III
Designated
Areas for the launch of Personalised Watercraft
(see
attached map in pink)
Slipway
at rear of West Pier at Pumping Station
Part IV
Designated Areas where fishing is PROHIBITED
at all times.
(see attached maps in yellow)
Forty Foot Bathing Place (No fishing
anywhere in this area).
Seapoint Beach (between signed areas,
i.e. Lifeguard Patrol Area).
Sandycove Beach (between signed areas,
i.e. Lifeguard Patrol Area).
Killiney Beach (between signed areas,
i.e. Lifeguard Patrol Area).
Part
V
Designated
Lifeguarded Beaches
Seapoint
Beach
Sandycove
Beach
Killiney
Beach
SCHEDULE
3
Special
Areas of Conservation
South
Dublin Bay (incorporating Seapoint Beach)
Proposed
Natural Heritage Areas
Area
along coastline from rear of East Pier to White Rock Beach
Area
along coastline from Seafield Lane (Corbawn Beach) to the County Boundary
at Bray.
SCHEDULE
4
Schedule
of Fines
a)
A person who contravenes a provision
of these bye-laws shall be guilty of an offence
and shall be liable on summary conviction to a not exceeding
€1,905
b) If the contravention of a provision of these
bye-laws is continued after conviction, the person causing the contravention
shall be guilty of a further offence and shall be liable on summary
conviction to a fine not exceeding €125.
c) a person my be served with a notice specifying
a fixed payment, not exceeding €150, in respect of a contravention of
a bye-law as an alternative to a prosecution for the contravention.
The operation
of these Bye-Laws shall commence on the 24th day of July 2009.
Dated this________________day of_________________2009.
PRESENT
WHEN THE COMMON SEAL OF THE DUN LAOGHAIRE RATHDOWN COUNTY COUNCIL was
affixed hereto:
_________________________
Cathaoirleach na Comhairle
Chontae Dhun Laoaghaire Rath an Duin
____________________________
Approved Officer
______________________________
County Council Official
County Hall
Dun Laoghaire