DOC

Byelaw - North Norfolk District Council

By Shane Wagner,2014-01-27 10:00
7 views 0
Byelaw - North Norfolk District CouncilByel

    BYELAWS

    made by

    NORTH NORFOLK DISTRICT COUNCIL

    by virtue of powers conferred on the Council

    by section 235 of the Local Government Act 1972 and sections 82 and 83 of the Public Health Acts Amendment Act 1907

PROMENADES, BEACHES, AND FORESHORES

WITHIN THE DISTRICT OF NORTH NORFOLK

    For regulating the use of said promenades, beaches and foreshores or

    any part thereof for driving or riding.

    ---------------------

    NORTH NORFOLK DISTRICT COUNCIL

    BYELAWS FOR THE SEASHORE AND PROMENADES

    Byelaws made by North Norfolk District Council under sections 82 and 83 of the Public Health Acts Amendment Act 1907 and under section 235 of the Local Government Act 1972, with respect to the seashore and promenades.

    Extent

    1. These byelaws apply to the whole of the seashore and all the promenades within the

    district of North Norfolk situated:-

    (i) between a point due north of the lookout on the north western tip of Cley Eye in the parish of Cley-next-the Sea, and a point on the seashore due east of the

    summit of Bramble Hill in the parish of Horsey, with the exception of the

    seashore and promenade which form part of the manor of Happisburgh; and

    (ii) between a point due north of High Cape in the parish of Wells and a point due

    east of the lifeboat station on the Pint in the parish of Wells.

    Interpretation

2 In these byelaws

    “commercial fisherman” means a fisherman whose sole or main employment is in the

    fishing industry;

    “the Council” means the North Norfolk District Council

    “promenade” means each of the promenades adjacent to the seashore;

    “seashore” means the beach and foreshore from time to time situate above the level of

    low water mark of medium tides, and includes any shingle banks, jetties, slipways and

    landing stages.

     Vehicles

    3 (i) No person shall ride or drive a cycle, or motor cycle or motor vehicle

     on the seashore or promenade, or bring or cause to be brought on to the

     seashore or promenade a motor cycle or motor vehicle.

    (ii) This byelaw shall not extend to invalid carriages.

    (iii) This byelaw shall not apply:

    (a) to a motor cycle or motor vehicle belonging to the police, fire or

    ambulance service, or where entry to the seashore or promenade is

    required for the purpose of any emergency in connection with the

    saving of life;

    (b) for the purpose of direct access to any slipway set aside by the council

    for the launching or recovery of any boat or vessel; or

    (c) to a motor cycle or motor vehicle belonging to a commercial fisherman

    and used in connection with his business.

     (iv) In this byelaw:

    “cycle” means a bicycle, a tricycle, or a cycle having four or more

    wheels not being in any case a motor cycle or motor vehicle;

    “invalid carriage” means a vehicle, whether mechanically propelled or

    not, the unladen weight of which does not exceed 150 kilograms, the

    width of which does not exceed 0.85 metres and which has been

    constructed or adapted for the use for the carriage of one person, being

    a person suffering from some physical defect or disability and is used

    solely by such a person:

    “motor cycle” means a mechanically propelled vehicle, not being an

    invalid carriage or motor cycle, not intended or adapted for use on

    roads

    “motor vehicle” means a mechanically propelled vehicle, not being an

    invalid carriage or motor cycle, not intended or adapted for use on

    roads.

     Riding

     4 No person shall on the seashore or promenade break in any horse or other

    animal, or ride or drive any horse or other animal in a race, or so as to cause

    danger or annoyance to any other person using the seashore or promenade.

     Revocation

     th5 Byelaw 7 of the Byelaws made by the Council on 4 March 1997, and thconfirmed by the Secretary of State for the Home Department on 15 July

    1997 relating to the seashore and promenades at Cromer is hereby revoked.

    Penalty

    6 Any person offending against bylaws 3 or 4 shall be liable on summary

    conviction to a fine not exceeding level 2 on the standard scale.

    Saving for Officers

    7 An act necessary to the proper execution of his duty on the seashore or

    promenade by an officer of the Council, or any other act which is necessary to

    the proper execution of any contract with the Council, shall not be an offence

    under these byelaws.

     Saving of the Crown and other rights

    8 Nothing contained in any of these byelaws shall be deemed to be or shall

    operate as a grant by or on behalf of the Crown as owner of the foreshore and

    seabed below high water mark or any estate or interest in or right over such

    foreshore and seabed, or any part thereof, nor shall anything contained in or

    done under any of the provisions of these bylaws in any respect prejudice or

    injuriously affect the rights and interests of the Crown in such foreshore and

    seabed, or prevent the exercise thereon of any public rights, or prejudice or

    injuriously affect any right, power or privilege legally exercisable by any

    person in, over and in respect of the foreshore and seabed.

    Given under the COMMON SEAL of )

    NORTH NORFOLK DISTRICT COUNCIL ) rdthis 23 day of February 1998 )

    Chairman D E Russell

    Chief Executive B Barrell

    The foregoing bylaws are hereby confirmed by the Secretary of State and shall come into operation one calendar month after the date on which the consent of the Department of Transport is given to the byelaws.

    Signed by the Secretary of State

    R G EVANS

    Head of Unit

    Constitutional and Community Policy Directorate.

Stamped

     th5 August 1998

    Home Office

    London SW1

     Signed by the authority of the Secretary of State for the Environment,

     Transport and the Regions

     th Dated 14 August 1998 S K Reeves

     Head of Ports Division

     Department of the Environment,

     Transport and the Regions

I confirm this printed copy of the Byelaws is a true copy of the Byelaws as confirmed

B Barrell

    Chief Executive

    2.9.98

Report this document

For any questions or suggestions please email
cust-service@docsford.com