Dunlaoghaire-Rathdown restrict angling to designated areas??

[jd]

Received this morning

Draft Beach Bye Laws
2007







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














BYE LAWS

MADE BY

Dun Laoghaire Rathdown County Council by virtue of the power conferred on the Council by Part V11 of the Local Government Act, 1994 and in the interest of the common good of the local community, make the following Bye Laws for the purpose of regulating the use of the beach adjoining the functional area of the County of Dun Laoghaire Rathdown. The Bye Laws will allow for the enforcement of relevant sections of the following legislation.

· The Litter Pollution Act 1977
· The Waste Management Act 1996
· The Maritime Safety Act 2005
· 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
· Dun Laoghaire Rathdown County Council Bye Laws for the Regulation and Control of the Consumption of Intoxicating Liquor on Roads and Public Places 2003


1. TITLE

These ByeLaws may be cited as the Dun Laoghaire Rathdown County Council Beach Bye-laws. 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: -

a) “Beach” refers to that area of the seashore and the foreshore, outlined in red on the attached maps for the beaches of Killiney, Seapoint and Corbawn. 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.


b) “Council” means the Council of the County of Dun Laoghaire- Rathdown

c) “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.

d) “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.

e) “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.

f) “the Act” means the Local Government Act, 1994

g) “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.

h) “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.

i) “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, e.g. a jet ski, as described in the Maritime Safety Act 2005.

j) “Recreational Craft” means a craft of not more than 24 metres in length intended for sports and leisure purposes, e.g. boats and yachts, as specified in the Maritime Safety Act 2005.

k) “Quad” means a four wheeled mechanically propelled vehicle capable of travelling at high speeds

l) “Land Yachting” means a wind operated craft which requires a small land yacht and vertical wing sail.

m) “Kite Karting” means a wind operated craft requiring a small cart and single handed or two handed kite.

n) “Kite Surfing” means a wind operated craft and single handed or two handed kite.

o) “Swimming” includes, floating, paddling, fishing or otherwise being in the sea for leisure purposes.

p) “Designated Area” means an area designated pursuant to Bye Law No. 3 (L – Fishing)

q) “Consent of the Council” means the permission in writing, of an authorised person.



3.PROHIBITED ACTS

No person shall carry out any of the following acts on the beach:

a) NUISANCE

Cause a nuisance or do any of the following acts, which would be likely to cause a nuisance:

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 Act, 1997. or dump/abandon/vandalise vehicles on the beach.

Motor Vehicles: Drive, propel or park any motorcar, or other mechanically propelled vehicle (including quads) or motorcycle on the beach other than in an area designated for this purposes. Save with the permission in writing of the Council and subject to the terms and conditions of such permission.

These restrictions do not apply to Local Authority staff engaged in their duties, Garda patrol cars/motorcycles when being used by a member of An Garda Siochana while on duty of emergency service vehicles.

Firearms: Bring onto the beach any firearm, airgun, catapult or any other weapon.

Fires: The lighting of bonfires and burning of materials on the beach or foreshore is prohibited.

Golf: Play the game of golf or practise any aspect of the game in any part of the beach.

Games: Play football, handball, golf, hurling, cricket, tennis or any other game or activity which, for the prevention of damage, danger, obstruction, or discomfort to any other person, may necessitate at any time during the continuance of the game the exclusive use by the player(s) of any part of the beach save with the consent of the Council.

Disorder: Act in a disorderly, menacing, threatening, or offensive manner.

Beg, gamble: Beg, gamble, use obscene of profane language, behave indecently or importune or otherwise cause annoyance to others.

Noise: Play musical instruments, radio, stereos, etc., at such noise level as to cause annoyance to others.

Graffiti: Injure, disfigure, write graffiti on or mark any structure, seat, chair, sculpture, notice or notice board.

Fishing: The Council may designate areas on beaches where fishing will be prohibited.

Public Swimming Events: Organise swimming events including, triathlons or gala swimming days without the written consent of the Council.

Alcoholic Beverages: Sell or consume any alcoholic beverages on the beach as defined in the Dun Laoghaire Rathdown County Council Bye Laws for the Regulation and Control of the Consumption of Intoxicating Liquor on Roads and Public Places 2003.


b) ANIMALS

No person shall take or allow to enter on a beach any animal (except a guide dog) owned or controlled by them in any year during the hours of 10.30 a.m. and 7.00 pm June to September.

Persons in charge of a dog shall ensure the following

· it is on a leash and under adequate control;
· it is not causing annoyance to any person using the beach or worrying, chasing, injuring or distributing any animals, birds or other creatures on the beach;
· the removal of its faeces and depositing it in litterbin or other receptacle, which may be designated for this purpose.

(Guide dogs for the blind are exempt from this bye-law)

Every person 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. 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

c) TRADE, ADVERTISING, ETC.:

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.

Exhibit: 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;


d) 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;


e) CONTROLLED DRUGS

No person shall Consume, inject, inhale or otherwise absorb controlled drugs or solvents on the beach.


f) CARAVANS, ETC.

No person shall sleep on the beach or 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.

g.) 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.

h.) SPORTS TRAINING

No person shall engage in sports training (including football 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.

i.) FISHING

Fishing for pleasure shall NOT be permitted, unless in an area and during a period of time so designated by the Council.


4. JET SKIS AND FAST POWER BOATS
4. WATER SPORTS, PERSONALISED WATERCRAFT & RECREATIONAL CRAFT

a. The Council may designate areas of the beach, and periods of time which will be clearly defined where access to or egress from the sea may be obtained by persons using personalised watercraft (i.e. jet skis).

b. 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.

c. Every person bringing a jet ski 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.

d. Every person bringing a jet ski 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.

e. The use of jet ski personal watercraft or powerboats within 200 300 metres of a beach will be an offence.

f. Operators of jet ski personal watercraft or powerboats shall travel at such reduced speed as necessary in the vicinity of bathers.

g. 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

Lifeguards patrol three of the Council’s bathing areas, namely, Seapoint, Sandycove and Killiney during the bathing season.

Lifeguards are present at these locations from the first weekend in June until 31st August, between the hours of 11am – 6pm Monday to Friday and 10am – 7pm on Saturdays and Sundays.

Each Lifeguard station is equipped with First Aid, Emergency Telephone, and Rescue Equipment.

6. REFUSAL OF PERMISSION

The Council may refuse to grant permits or permission for any of the purposes mentioned in the above bye-laws if, having regard to the character of the applicant, the number of persons already holding permits of the class applied for, and the general comfort and convenience of visitors to the beach, they consider that a permit should not be granted.

7. LICENCES

Every permission 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 beach 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 €1920.

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 Personalised Watercraft (i.e. Jet Skis)


· Personal Watercraft may only be launched from a designated area. Dun Laoghaire Rathdown designates the rear of the West Pier at the Fingal Sailing Compound as the designated area. Personal watercraft may be launched via the slipway from the sailing school into the sea.

· Personal Watercraft may only operate up to 10am and after 7.30pm.

· Personal Watercraft must not be operated within 300 metres of a reserved bathing area.

· Users of Personal Watercraft must hold a permit issued by the Local Authority.

· The fee for the holding of this permit shall be €50 per annum.

· The permit must be renewed on an annual basis and the amount is subject to increase.

· 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.

· No person may operate a personal watercraft without a permit at any location along the Dun Laoghaire Rathdown Coastline. To do so will be considered an offence.




SCHEDULE 2


Designated Bathing Areas, as per Department of the Environment, Heritage and Local Government

Seapoint Bathing Area
Killiney Beach

Reserved Bathing Areas, as per Dun Laoghaire Rathdown County Council

Seapoint Bathing Area
Sandycove Beach
Forty Foot Bathing Place
The Ramparts/Hawk Cliff
White Rock
Killiney Beach
Corbawn Lane Beach

Designated Areas for the launch of Personalised Watercraft

Slipway at rear of West Pier at Pumping Station


Designated Area for Fishing

Bullock Harbour
Coliemore Harbour


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.

AMENDMENT OF 1998 BEACH BYE LAWSGOVERNING BEACHES AT SEAPOINT, KILLINEY& CORBAWN

Notice is hereby given that Dun Laoghaire Rathdown County Council proposes to amend the current Beach ByeLaws pursuant to the Local Government Act 1994.A copy of the draft Beach ByeLaws 2007 will be available for public inspection at the Culture, Community Development & Amenities Department, County Hall,Marine Road, Dun Laoghaireand Dundrum Office, Dundrum Office Park, MainStreet, Dundrum between the hours of 9.30am to 12.30pmand 2.15pm to 4.30pm Mondayto Friday excluding Bank Holidays, for a period of one month commencing 20thAugust 2007.
A copy of the draft AmendedBeach Bye Laws will be given to any person free of charge.
The Council will consider any submission in relation to the draft Amended Beach ByeLaws 2007 submitted, in writing to: Senior Executive Officer, Culture, CommunityDevelopment & AmenitiesDepartment, Level 3, CountyHall, Marine Road, DunLaoghaire before noon on Friday 28th September, 2007.County Hall, Dún Laoghaire, Co. Dublin, Ireland
Tel: 01 205 4700 Fax: 01 280 6969Web: http://www.dlrcoco.ie

Last edited by jd on Fri Aug 17, 2007 10:22 am, edited 2 times in total.

Just because its written doesn't make it law!

About 25 years ago in the north east of England Alnwick council banned the digging of worm on their beaches, three anglers were charged and found guilty by the magistrate, they appealed and over the next 2 or 3 years it went from appeal court to apeal court ending up at the highest court in the land.....the council lost its case, they had NO right to make the law they tried to inact....no other council in the UK has ever tried it again knowing how much money the council ended up paying in legal costs.

This is where the governing bodies should kick in, EFSA, IFSA and the rest of them, even your local tackle shop as a business paying rates should get the ear of the councilor who covers their area.

Anglers respect the shoreline better than most members of the public, its ridiculous to ban fishing...most anglers will try to keep clear of bathers anyway, or other beach users.....its my bet the guys who write this dont know twoddle about how anglers conduct themselves while out fishing.

Anglers have rights, this council is taking them away!

Tom.

Just to let you know, things are happening in the background with the IFSA, ERFB etc.

Submissions to be in

before noon on Friday 28th September, 2007 to DLR Co Co

This web site /SAISAC will be making a submission.

What does that mean in English. My interruptation is fishing will only be allowed in the two designated areas. Am I wrong?

Donagh

What does that mean in English. My interruptation is fishing will only be allowed in the two designated areas. Am I wrong?

Donagh

You are right.

jd

So basicly they want to ban angling. My nephews are in Kiliney and I had hoped to take them fishing as they got older. Absolutely disgusted at this attack of our rights. In a day an age when we're trying to steer young kids away from computer games and tv and get them out we have a council stopping another harmless activity for them. What can I as a individual do as I live outside the area?

Donagh

This is a proposal, so particularly encourage residents of DLR Co Co to make submissions.

IFSA and other bodies will be making submissions as well.

Everyone can makea submission

jd

What can I as a individual do as I live outside the area?

I image there's already stuff in motion so the best thing would be to wait until we can all support a coordinated effort.

DLR used to be my county council and I still know lots of people living there. I will be explaining the situation them in the hope that they will use the ballot box next time around to register their protest.

Lads, please keep it temperate and rational.

In light of the sensitive nature of this issue this thread is being strictly moderated. Lots of us want to express strong feelings about this proposal but we need to avoid damaging the organized efforts to prevent this measure from being introduced. As jd said, please consider your comments carefully and keep it constructive.

hi
can we start a petition then or is it to early i was thinking with 2 big comps coming up in lienster ie 5th leg of liensters and jimmysmith tournament there will be up to 200 anglers present many who would be affected by this


fintan

Start organising yourselves for a long bitter battle, lads. :(

Happy days if this situation is quickly and easily resolved, but be prepared.

Somehow, I have little confidence in the IFSA is leading the opposition to this. I just don't think protest action is their thing.

So, someone else is going to have to organise the feet in the street outside CoCo's offices and on the beach in protest of this flagrant breech of our civil liberties.

Who's up for the fight?

as most of these beaches are advertised as angling beaches for tourism purposes here and abroad should the minister for tourism and marine not be the one making these recommendations ,why come to ireland to fish if its banned,it might just be on a couple beaches now but if there is a precedence set angling on all the top beaches in ireland could be affected.

Hi all,

Just to let you know I have been in touch with Mr. O. Keegan, County Manager of DLR Co Co who has undertaken to get back to me in relation to certain matters in the bye laws. The IFSA will be making proposals on the bye laws and if feet on the street are needed we will be more than willing to organize this. I have informed the County Manager that I will be available to meet personally with him to discuss any issues he needs clarification on. Please ensure that any posts you put on the site are moderate, don't forget everyone has access to view comments without first signing on. I have no doubt we will succeed on this one but please keep up the interest. Regards, Tom Lillis

I happen to be a resident in DL/Rathdown CoCo, so let me know what I can do or where I can sign. I'm also a member of Countryside Alliance Ireland, so if there's an "official" letter from this site going out I could send them a copy too.

please tell me this isn't happening, coliemore and bulloch! there hardly the east coast guide to shore fishing heaven.

The comment 'Fishing for Pleasure.....' springs out of this part of the proposal. Does this mean fishing for profit does not count? Who are the vested interests in this area? Has anyone been able to establish why they actually want to ban fishing.

One more thing. I had some interaction with the 'Keep Ireland Open' organization. Would anyone mind if I emailed them on our behalf?

Steven

Hi

I think mobilisation of everyone who feels that restrictions through bye laws are a dangerous precedent is worthwhile and warranted. Again I would ask people to think carefully what they write, either here or in any submissions. Keep it polite and please maintain this thread's integrity.

Thanks

Does anybody have any links to stats or figures about the value and participation of angling in Ireland?

Does anybody have any links to stats or figures about the value and participation of angling in Ireland?

Have a look at some of the submissions to the recent EU Maritime Green Paper submission. You might find some figures there although I don't think there's much concrete data.

http://www.maritimegreenpaper.ie/submis ... ived.shtml