Sun Jun 29, 2008 9:13 pm
Mon Jun 30, 2008 7:02 pm
Fri Aug 29, 2008 3:55 pm
Mon May 18, 2009 9:45 am
Draft 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
Document Pack Page 173
2
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
Document Pack Page 174
3
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.
Document Pack Page 175
4
“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.
Document Pack Page 176
5
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.
Document Pack Page 177
6
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.
Document Pack Page 178
7
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.
Document Pack Page 179
8
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.
Document Pack Page 180
9
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.
Document Pack Page 181
10
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
Slipway at rear of West Pier at Pumping Station
Part IV
Designated Areas where fishing is PROHIBITED at all times.
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
Document Pack Page 182
11
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.
Mon May 18, 2009 9:52 am
Wed Jul 01, 2009 10:30 pm
Wed Jul 01, 2009 10:40 pm
Thu Jul 02, 2009 11:35 am
Thu Jul 02, 2009 1:23 pm
Fri Jul 10, 2009 2:44 pm
DUN LAOGHAIRE RATHDOWN COUNTY COUNCIL
Notice of Making of Bye-Laws
Beach Bye Laws 2009
Notice is hereby given that Dún Laoghaire Rathdown County Council at its meeting on 11th May 2009 made Bye-Laws by virtue of the power conferred on the Council by the Local Government Act 2001 and the Maritime Safety Act 2005, in relation to the beaches of Booterstown, Blackrock, Seapoint, Sandycove, Forty Foot, The Ramparts/Hawks Cliff, White Rock, Killiney and Corbawn Lane.
These Bye Laws will come into force on 27th July 2009.
A copy of these Bye-Laws is available for inspection at the Environment & Culture Department, (telephone 2054748), Level 3, County Hall, Marine Road, Dún Laoghaire, between the hours of
10.00am – 1.00pm and 2.15pm – 4.30pm Monday to Thursday
10.00am – 1.00pm and 2.15pm–4.00pm Friday
or at the Council Offices, Main Street, Dundrum, Dublin 14 (behind Bank of Ireland) between the hours of
9.30am – 12.30pm and 1.30pm – 4.30pm
(Monday to Friday)
The Bye-Laws may also be down-loaded from the Council’s website: http://www.dlrcoco.ie
John Guckian
Senior Executive Officer
Environment & Culture Department
Fri Jul 10, 2009 5:29 pm
Tue Jul 21, 2009 4:26 am
Tue Jul 21, 2009 7:12 pm
Tue Jul 21, 2009 7:28 pm
carpets wrote:what a load of B![]()
![]()
![]()
![]()
![]()
S, the country is on its knees and these prats have nothing esle to discuss but where to restrict angling.
Tue Jul 21, 2009 7:28 pm
septicsac wrote:whats bloody next