S.I. No. 193/1991:

BYE-LAWS FOR THE REGULATION OF THE PIER AT BALTIMORE, CO. CORK, 1991

BYE-LAWS FOR THE REGULATION OF THE PIER AT BALTIMORE, CO. CORK, 1991

I, JOHN P. WILSON, Tánaiste and Minister for the Marine in exercise of the powers conferred on me by section 70 of the Fisheries (Ireland) Act, 1846, and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 ( S.I. No. 91 of 1987 ), hereby make the following Bye-laws:

1. These Bye-Laws may be cited as the Baltimore Pier Bye-Laws, Co. Cork, 1991.

2. These Bye-Laws, shall come into operation on the 1st day of August, 1991.

3. In these Bye-Laws:

"the Council" means the council of the county of Cork;

"fish" has the same meaning as in section 3 of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959);

"goods" include fish, fish boxes, livestock, minerals, wares, chattels, ballast, sand, gravel and dredging materials and merchandise of every description;

"master" in relation to a vessel, means the person having, for the time being, the command or charge of the vessel, but does not include a pilot;

"the Minister" means the Minister for the Marine;

"owner" in relation to a vessel, means the owner or charterer of such vessel and his agent and every consignee of such vessel, and, in relation to goods means the owner of the goods and any consignor, consignee, shipper or agent for the sale or custody of such goods;

"the Pier" means the area of land comprising that part of Baltimore situated in the townland of Baltimore and county of Cork enclosed on the map annexed hereto within the inner margin of the pink line;

"the pier constable" means the Pier Constable appointed and responsible to the Council to enforce these Bye-Laws, settle all disputes which may arise with respect to the occupation or use of the Pier and to enforce due and proper care and preservation of the Pier, and includes a person appointed by the Council to assist a pier constable or to perform his duties during his absence;

"plant" means every vehicle, engine, truck, signal, lamp, machinery, crane, shearlegs, weighing machine, tap, valve, hydrant, valve pit, hydrant pit, capstan, buoy, dolphin, gear, machine, fire call, ladder, implement, apparatus, fitment and appliance on the Pier;

"vehicle" means every kind of vehicle and every means of conveyance on wheels, tracks or half-tracks, however propelled or drawn for carrying a person or thing;

"vessel" means a waterborne craft of any type whatsoever whether self-propelled or not and includes air cushion craft.

4. A vessel shall not be made fast to coping stones, ladders, lamp-posts, railings or other parts of the pier, nor have grapnels or stakes on the Pier, but shall be made fast to the rings or moorings provided for that purpose.

5. A vessel shall not be made fast to any rings, moorings or bollard by means of wire rope or chain in such manner or by such means as to cause damage to any other vessel.

6. A rope, warp or chain shall not be left fast to any ring, mooring or bollard without the permission of the pier constable. A rope, warp or chain so left without such permission may be removed by the pier constable.

7. The person in charge of a vessel shall not negligently or wilfully permit the vessel to run foul of any of the quays, jetties, slips, works, plant, fixtures or other property on the Pier.

8. While a vessel is moored at the Pier, its engine (if any) shall not be run for longer than is necessary in order to secure or release the vessel from its moorings.

9. The master of a vessel shall provide his vessel with fenders or other suitable appliances for the protection of the Pier.

10. A person shall not damage or, without the consent of the pier constable, disturb, remove, or cause to be disturbed or removed any machinery or equipment, any coping, paving or other stones or any mooring post, ring, chain, notice board, ladder, lamp-post, or other property of the Council on the Pier.

11. Boats, trailers, machinery or other objects shall not be cleaned or repaired on the Pier without the permission of the pier constable.

12. Fishing nets or gear shall not, without the consent of the pier constable, be repaired or mounted on a quay or wharf on the Pier other than in an area thereof designated for the purpose.

13. A person shall not, without the consent of the Council, erect or cause to be erected, any structure or lay or cause to be laid any pipe on or under the Pier.

14. A temporary dwelling, caravan, tent, mobile home or dormobile shall not be allowed to remain overnight on any part of the Pier.

15. A person shall not, without the consent of the pier constable, engage in trade of any kind on the Pier.

16. The pier constable may direct and regulate the movement of vehicles on the Pier.

17. A vehicle engaged in transporting goods or containers to or from a vessel shall not remain parked alongside the edge of the Pier for longer than is necessary to load or unload the vehicle; any such loading or unloading shall be carried out as expeditiously as possible.

18. Subject to Bye-Law 29 of these Bye-Laws, vehicles other than those used for transporting goods or containers to or from a vessel shall not be parked on the Pier.

19. A person shall not obstruct the pier constable or any officer or servant of the Council in the exercise or performance of his duty or incite others to do so.

20. A person shall not light fires or have naked lights on the Pier.

21. Any matter or thing landed or deposited on the Pier shall not be kept there for longer than 72 hours or be placed within 6 feet of the edge of the Pier.

22. A person shall not land or deposit on the Pier any matter likely to create a nuisance or to be injurious to the public health.

23. Fish landed (including fish landed and exposed for sale) must be removed from the Pier either on the day of landing, if practicable, or before 8 a.m. the following morning and shall not be opened or cleaned on the Pier.

24. A person shall not, without the prior consent of the pier constable, import, display or land on the Pier any explosive or combustible commodity, petroleum, putrid fish, bones or other offensive articles or things, or anything injurious to health or likely to cause a nuisance.

25. Neither the Council nor the pier constable shall be liable for loss of or damage to any goods, containers, vehicles, boats, trailers, cradles or other objects while on the Pier.

26. Goods intended for shipment shall be placed at such places on the Pier as the pier constable shall direct.

27. Goods, containers or machinery shall not be stored on the Pier except by or with the consent of the occupiers thereof in areas occupied by them on the Pier or in areas designated for that purpose, or as otherwise provided for in these Bye-Laws.

28. Goods placed on the Pier shall be moved to such places and in such manner and shall be placed or stowed in such stacks as directed by the pier constable and all persons dealing with or handling goods on the Pier shall be subject to the instructions of the pier constable or other officers of the Council.

29. The Council may cause to be indicated in any suitable manner, places at which, and periods of time during which, vehicles may be parked, vessels may be moored and trailers or cradles may be stored on the Pier. Vehicles, boats, trailers or cradles which are in a place on the Pier other than a place so indicated or for periods of time in excess of those so indicated may be removed by the Pier constable to another place. The owners, of such vehicles, vessels, trailers or cradles shall be liable for the cost of their removal and subsequent storage.

30. The Council may impose charges for the storing of vessels, trailers, cradles, vehicles or other objects on the Pier.

31. Any vehicle remaining on the Pier otherwise than in accordance with these Bye-Laws or with the consent of the pier constable or the Council for a period in excess of one month may be deemed abandoned and may be removed to storage by the Council.

32. The pier constable shall, in respect of any article or thing he deems to be an obstruction or nuisance on the Pier, require the owner to remove the obstruction and if the owner fails to do so within a reasonable time, the pier constable may, at the owner's risk, arrange for its removal and disposal in such manner as he considers fit including the sale of it or of any part of it. The proceeds of sale shall be applied towards defraying the cost of such a removal and disposal and any balance remaining shall be paid to the owner concerned. If the proceeds of the sale are insufficient to meet the cost of removal and disposal, the balance outstanding may be recovered by the Council from the owner as a simple contract debt in any Court of competent jurisdiction.

33. Neither the Council nor the pier constable or any other officer of the Council shall be liable for any loss of or damage to goods, containers, vehicles, boats, trailers, cradles, fishing nets, or gear removed and stored in accordance with these Bye-Laws.

34. If the pier constable deems it inadvisable to offer an article for sale pursuant to Bye-Law 32 of these Bye-Laws or if an article cannot be sold, he shall arrange for its destruction and the expense incurred thereby may be recovered by the Council from the owner as a simple contract debt in any Court of competent jurisdiction.

35. A pier constable may request from a person whom he reasonably suspects to have contravened a provision of these Bye-laws, his name and address and the person shall comply with the request.

GIVEN under the Official Seal, this 10th day of July, 1991.

JOHN P. WILSON,

Tánaiste and Minister for the Marine.

EXPLANATORY NOTE.

The effect of this Instrument is to make new bye-laws for the regulation of the Pier at Baltimore, County Cork.