Agenda item: 6
WORTHING BOROUGH COUNCIL
BYELAWS FOR PROMENADES
ARRANGEMENT OF BYELAWS
1. Interpretation
2. Application
3. Cycling
4. Unauthorised erection of structures
5. Horseriding
6. Public Shows and Performances
7. Obstruction
8. Savings
9. Penalty
10. Revocation
Agenda item: 6
Annual Council Meeting – 22 May 2009
Byelaws made under section 83 of the Public Health Acts Amendment Act 1907 by
Worthing Borough Council for the prevention of danger, obstruction, or annoyance to
persons using the esplanades or promenades.
General interpretation
1.
In these byelaws:
“the Council” means Worthing Borough Council;
“designated” in relation to a route or area means set aside for a specified
purpose, the route or area and the purpose to be indicated by notices placed
in a conspicuous position;
“invalid carriage” means a vehicle, whether mechanically propelled or not,
(a)
the unladen weight of which does not exceed 150 kilograms,
(b)
the width of which does not exceed 0.85 metres, and
which has been constructed or adapted for use for the carriage of a person
suffering from a disability, and used solely by such a person;
“promenade” means each of the esplanades and promenades described in
the Schedule to these byelaws;
“motor vehicle” means a mechanically propelled vehicle other than an invalid
carriage;
“self-propelled vehicle” means a vehicle other than a cycle, invalid carriage or
pram which is propelled by the weight or force of one or more persons
skating, sliding or riding on the vehicle or by one or more other persons
pulling or pushing the vehicle.
Application
2.
These byelaws apply to the promenades and esplanades listed in the
Schedule.
Cycling
3.
No person shall without reasonable excuse ride a cycle on the promenade
except where there is a right of way for cycles or a designated route for
cycles.
Unauthorised erection of structures
4.
(a)
No person shall without the consent of the Council erect any barrier,
post, ride or swing, building or any other structure on the promenade.
(b)
No person shall, without reasonable excuse, remove from or displace
any barrier, post or seat or any part of any structure or ornament or
Agenda item: 6
Annual Council Meeting – 22 May 2009
any notice or flag displayed by or on behalf of the Council or any other
competent authority on the promenade.
5.
Horseriding
(a)
No person shall ride or drive any horse or other animal on
promenades “(a)” and “(b)” as defined in the Schedule between 1st
May and 30th September inclusive between the hours of 10am and
8pm.
(b)
No person shall ride or drive any horse or other animal on
promenades “(a)” and “(b)” as defined in the Schedule in such a
manner as to cause danger or annoyance to any other person.
Public Shows and Performances
6.
(a)
No person shall deliver any lecture, sermon or speech or perform any
music, or hold any entertainment except in a designated area for such
performances.
(b)
No person shall use any designated area for performances in such a
manner as to cause obstruction or annoyance to any person using it
for any purpose for which it has been set apart.
Obstruction
7.
No person shall on the promenade—
(a)
obstruct any officer of the Council in the proper execution of his duties;
(b)
obstruct any person carrying out an act which is necessary to the
proper execution of a contract with the Council.
Savings
8.
It shall not be an offence under these byelaws for an officer of the Council to
do anything necessary to the proper execution of his duty or for any person
acting in accordance with a contract with the Council to do anything
necessary to the proper execution of that contract.
Penalty
9.
Every person who shall offend against any of these byelaws shall be liable on
summary conviction to a fine not exceeding level 2 on the standard scale.
Revocation
10.
The byelaws relating to the promenade which were made by Worthing
Borough Council on 26 April 1996 and confirmed by Secretary of State for the
Home Office on 25 February 1997 are revoked.
2750/52286
Agenda item: 6
Annual Council Meeting – 22 May 2009
SCHEDULE
The promenades and esplanades referred to in byelaw 2 are as follows:
(a)
The Beach Path immediately adjoining the Seashore commencing at the
western Borough boundary at a point 290 metres east of the centre line of
Sea Lane, Ferring and extending therefrom in an easterly direction to a point
opposite the west side of George V Avenue.
(b)
The Esplanade commencing at a point opposite the west side of George V
Avenue and extending therefrom in an easterly direction to the point known
as “Splash Point”.
(c)
“Beach Parade” commencing at “Splash Point” aforesaid and extending
eastwards to a point opposite the west side of Merton Road.
(d)
The Esplanade commencing at the west side of Merton Road aforesaid
extending to an easterly direction to a point to a point opposite Windsor Road
and thereafter in an easterly direction to the eastern Borough Boundary at a
point opposite the centre line of Western Road.
The Common Seal of THE BOROUGH
COUNCIL OF WORTHING was hereunto
affixed on the
day of May
Two Thousand and Nine
in the presence of:
)
)
)
)
)
JEREMY COOK
Executive Head of Legal and Democratic Services
(Confirmation by Secretary of State)
Agenda item: 6
WORTHING BOROUGH COUNCIL
BYELAWS FOR THE SEASHORE
ARRANGEMENT OF BYELAWS
1. Interpretation
2. Application
3. Horse riding - to regulate riding, etc generally
4. Horse riding - to regulate times at which riding, etc is permitted
5. Public shows and performances
6. Games - to regulate games or sports generally
7. Fires
8. Unauthorised erection of structures
9. Obstruction
10. Savings
11. Penalty
12. Revocation of byelaws
Agenda item: 6
Annual Council Meeting – 22 May 2009
Byelaws made under section 82 of the Public Health Acts Amendment Act 1907 by
Worthing Borough Council for the prevention of danger, obstruction, or annoyance to
persons using the seashore.
Interpretation
1.
In these byelaws:
“the Council” means Worthing Borough Council;
“designated area” means an area of the seashore which is set aside for a
specified purpose, that area and purpose to be indicated by notices placed in
a conspicuous position;
“seashore” means all that area of beach and foreshore including all steps,
ramps, paths and jetties from time to time situated above the level of low
water mark of medium tides;
Application
2.
These byelaws apply to all areas of seashore that border the Borough of
Worthing.
Horse riding
3.
No person shall ride or drive any horse or other animal on the seashore in
such a manner as to cause danger or annoyance to any other person.
4.
No person shall ride or drive any horse or other animal on the seashore
between 1st May and 30th September inclusive between the hours of 10am
and 8pm.
Public shows and performances
5.
(a)
No person shall deliver any lecture, sermon or speech or perform any
music, or hold any entertainment except in a designated area for such
performances.
(b)
No person shall use any designated area for performances in such a
manner as to cause obstruction or annoyance to any person using it
for any purpose for which it has been set apart.
Games
6.
No person shall on the seashore play or participate in any game or sport so
as to cause danger, obstruction or annoyance to any person.
Fires
7.
(a)
No person shall on the seashore light a fire, or place, throw or drop a
lighted match or any other thing likely to cause a fire.
(b)
Byelaw 7(a) shall not apply―
Agenda item: 6
Annual Council Meeting – 22 May 2009
(i)
in a designated area for barbecues, to the lighting or use in
such a manner as to safeguard against damage or danger of a
properly constructed camping stove or barbecue; or
(ii)
to the lighting of a fire on the seashore with the consent of the
Council.
Unauthorised erection of structures
8.
(a)
No person shall erect or place on the seashore any booths, tents,
sheds, stands, stalls, shows, exhibitions, swings, roundabouts, or any other
structure, whether fixed or movable, except in a designated area for such
structures.
(b)
Byelaw 9(a) shall not apply to the use of temporary personal
windbreaks.
Obstruction
9. No person shall on the seashore―
(a)
obstruct any officer of the Council in the proper execution of his duties;
(b)
obstruct any person carrying out an act which is necessary to the
proper execution of a contract with the Council.
Savings
10. It shall not be an offence under these byelaws for an officer of the Council to do
anything necessary to the proper execution of his duty of for any person acting in
accordance with a contract with the Council to do anything necessary to the
proper execution of that contract.
Nothing in or done under these byelaws shall―
(a)
operate as a grant by or on behalf of the Crown as owner of the
foreshore below high water mark of any estate or interest in or right
over the foreshore or any part of it;
(b)
prejudice the rights and interests of the Crown;
(c)
prevent the exercise of any public rights;
(d)
affect any right, power or privilege legally exercisable by any person
in, over and in respect of the foreshore
Penalty
11. Any person offending against any of these byelaws shall be liable on summary
conviction to a fine not exceeding level 2 on the standard scale.
2750/52287
Agenda item: 6
Annual Council Meeting – 22 May 2009
Revocation of byelaws
12. The byelaws relating to the seashore which were made by Worthing Borough
Council on 26 April 1996 and confirmed by Secretary of State for the Home Office on
25 February 1997 are revoked.
The Common Seal of THE BOROUGH
COUNCIL OF WORTHING was hereunto
affixed on the
day of May
Two Thousand and Nine
in the presence of:
)
)
)
)
JEREMY COOK
Executive Head of Legal and Democratic Services
(Confirmation by Secretary of State)
Agenda item: 6
Annual Council Meeting – 22 May 2009
THE BOROUGH COUNCIL OF WORTHING
Confirmation of Byelaws
Notice is hereby given that the Borough Council of Worthing intends after the expiry
of the period mentioned below to apply to the Secretary of State for confirmation of
byelaws made by the Council.
One set of byelaws is made under Section 83 of the Public Health Act Amendment
Act 1907 for the prevention of danger, obstruction, or annoyance to persons using
the esplanades or promenades in the Borough of Worthing. The second set of
byelaws is made under Section 82 of the Public Health Acts Amendment Act 1907
by Worthing Borough Council for the prevention of danger, obstruction, or
annoyance to persons using the seashore.
Copies of the byelaws will be kept at the offices of the Council at the Town Hall,
Chapel Road, Worthing and will be open to inspection without payment on any week
day during the usual office hours for one calendar month from and after the date of
the publication of this notice.
Copies of the byelaws will also be supplied on receipt of an application accompanied
by a fee of 10 pence for each copy.
Any objection to the application for the confirmation of these byelaws may be made
by letter addressed to Communities and Local Government Byelaws Section 5/B2,
Eland House, Bressingden Place, London SW1E 5DU (no later than one week after
the closing date for inspection) before the byelaws are confirmed.
Signed
………………………………………..
Dated
…………………………………………
002750-ac/62100
Proper Officer of the Council