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Control of the Yzerfontein Harbour Area By-law, 2003
- Published in Western Cape Provincial Gazette no. 6091 on 12 December 2003
- Commenced on 12 December 2003
- [This is the version of this document from 12 December 2003 and includes any amendments published up to 17 March 2023.]
1. DefinitionsIn this by-law, unless the context otherwise indicates:"council" means the council of the Swartland Municipality;"harbour area" means the area adjacent to the sea in the vicinity of the pier, owned or controlled by the council being the farm Sea Wall 562 and the remainder of portion 9 of the farm Yzerfontein 560;"harbour official" means the official appointed by the municipality to supervise the harbour area or any person appointed by the municipality to act in his or her stead;"Municipality" means the Swartland Municipality;"nuisance" means defecation in public, littering, alcohol and drug abuse, foul language, inobservance of regulations, abuse of personnel by using profane language or any indecent behaviour or conduct or any annoyance.
2.Save with the permission of the harbour official no person shall:
3.The capacity of the harbour is equivalent to the number of demarcated parking bays in the harbour area.
4.No person shall cause any nuisance to other persons in the harbour area or damage or interfere with any installation, equipment or facility thereon. The skipper and/or boat owner will be jointly responsible for the conduct of their crew on the tow vehicle and boat.
5.The harbour area shall be used at the sole risk of the user, and the municipality shall not be liable for any claim, damages or loss arising from the death or injury of any person or damage to or loss of any property of any person whether directly or indirectly caused by the acts or omissions, including negligent acts or omissions, of any person, whether in the employment of the council or not, or as a result of defects or sources of danger in the harbour area or in any of the facilities of the harbour area.
6.No person shall enter the harbour area with a tow vehicle which is not mechanically able to remove his boat, (including catches) and trailer from the sea and off the slipway without causing delays. The engine (motor) of the boat may only be started on the slipway.
7.A person in control of a boat who does not launch such a boat immediately when it is his or her turn to do so, and obstruct the flow of traffic in the approach to the slipway, may be ordered by the harbour official to move his or her vehicle and/or boat to a parking bay. On failure to do so such a person shall be ordered to remove his or her vehicle as well as his or her boat from the harbour area.
8.Boats and trailers may only park in the demarcated parking bays.
9.The harbour official may, whenever the traffic volume in the harbour area increases to such an extent that in his or her view it becomes necessary to impose restrictive measures in order to ensure that the harbour area is not overcrowded and that orderly traffic flow is maintained and with due regard to the number of demarcated parking bays available for the parking of boats and trailers, excluding persons who obtained permission or authority from the harbour official or municipality:
10.If, due to rough seas or bad weather conditions or whatever other reason, circumstances in the opinion of the harbour official, becomes so hazardous that it would be life threatening to launch a boat from the slipway, the harbour officials may:
11.No fires are allowed in the harbour area.
12.No boat may leave the slipway before all waste water is let out, and the outlet is sealed.
13. PenaltiesAny person/s who contravenes any provision of this by-law, or disregards or fails to comply with a lawful instruction from the harbour officer or any law-enforcement officer in the service of the municipality will be guilty of an offence and therefore liable of a conviction with a penalty not exceeding:
History of this By-law
12 December 2003 this versionPublished in Western Cape Provincial Gazette no. 6091By-law commences.
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