Part 13 Beaches www.whakatane.govt.nz
PART 13 BEACHES Date made: 25 July 2007 Commencement: 1 July 2008 EXPLANATORY NOTE Part 13 Beaches was made pursuant to section 145 of the Local Government Act 2002. The purpose of Part 13 of the Bylaw is to protect the beach environment and control activities that may impact adversely on public use and safety. CONTENTS 13.1 Rubbish 13.2 Aircraft 13.3 Vehicles and Vessels 13.4 Animals and Dogs 13.5 Conduct 13.6 Changing Areas 13.7 Reserved Areas for Particular Activities 13.8 Surfboards and Other Objects 13.9 Lifesaving 13.10 Hiring of Craft 13.11 Penalties
PART 13 BEACHES 13.1 RUBBISH 13.1.1 A person shall not, on any part of the beach: Break any bottle or deposit any matter likely to cause any nuisance, injury or danger to public health or safety; Scale, clean or gut any fish or deposit any fish, or any portion of a fish or a carcass of any dead animal, or bird or any vegetable matter likely to cause a nuisance, injury or danger to public health or safety; Leave any offensive matter in the area of the beach (including in or on any vessel) exposed or stored so as to cause a nuisance, injury or danger to public health or safety. 13.2 AIRCRAFT 13.2.1 Except with the written permission of the Council or an authorised officer and in accordance with any required conditions, and provided all other applicable statutory requirements are complied with, a person shall not: Land or attempt to land on the beach or water or take off or attempt to take off from the beach or water any aircraft, glider, hang-glider, balloon, parachute, or other contrivance for air flying or any seaplane or hovercraft, except in the case of an emergency.
13.3 VEHICLES 1 AND VESSELS 2 13.3.1 Except with the prior written permission of the Council or an authorised officer, and in accordance with any conditions that may be required, a person shall not park or drive any vehicle (excluding bicycles), motorcycle, or land yacht on any part of the beach. 13.3.2 Clause 13.3.1 shall not apply to: Any vehicle driven along an authorised access way or parked in any authorised parking area; or Any vehicle used solely for the purpose of launching or retrieving any vessel; and i. Provided that the vehicle uses an authorised access way to go onto and leave the beach; and ii. iii. Moves across the beach to and from the water using the shortest practicable route; and Leaves the beach immediately once the vehicle has finished launching or retrieving a vessel. Any land yacht being driven on the beach in areas which the Council may from time to time by publicly notified resolution designate for driving land yachts and which are identified by official Council signage OR in any other beach area with the prior permission of the Council or an authorised officer. 13.3.3 Those vehicles referred to in clause 13.3.2 shall not be driven on any part of the beach at a speed in excess of 20km/h. 13.3.4 Any restrictions contained in the preceding clauses shall not apply to: Law Enforcement Officers; Surf Patrol, Fire Rescue or Emergency Services Personnel; Council Officers (including Bay of Plenty Regional Officers); Honorary Rangers (appointed by Council). 1 Vehicle has the same meaning as in the Land Transport Act 1998 and is defined in Part 1 of this Part of the Bylaw (Introduction) as: Means a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved; and Includes a hovercraft, a skateboard, in-line skates, and roller skates; but Does not include (i) A perambulator or pushchair: (ii) A shopping or sporting trundler not propelled by mechanical power: (iii) A wheelbarrow or hand-trolley: (iv) A pedestrian-controlled lawnmower: (v) A pedestrian-controlled agricultural machine not propelled by mechanical power: (vi) An article of furniture: (vii)[a] wheel-chair not propelled by mechanical power: (viii) Any other contrivance specified by the rules set out in the Land Transport Act not to be a vehicle for the purposes of this definition: (ix) any rail vehicle. 2 Vessel is defined in Part 1 of the Bylaw (Interpretation) as: any ship or boat. This includes a motor vessel (such as a standardised motorised private launch boat), any yacht, inflatable rubber boat, kayak, jet ski and any fishing boat.
Provided they are in the course of carrying out their official duties. 13.3.5 Except with the prior permission of the Council or an authorised officer, and in accordance with any conditions that may be required, a person shall not on any part of the beach: Leave a trailer other than in a portion of the beach designated by Council for the parking of vehicles or trailers; Navigate any vessel in water over the beach at a speed or in a manner which is, or might be dangerous to the public, or which causes or is likely to cause a nuisance to any person using the beach; Except in an emergency leave or cause to be left for more than 24 hours any vessel of any description; Use any authorised vehicle on the beach where in the opinion of the Council or an authorised officer a nuisance or danger is or may be created for other users of the beach. 13.4 ANIMALS AND DOGS 13.4.1 A person shall not, on any part of the beach: (e) Ride, drive or lead a horse or any other animal (excluding dogs) and being the owner or person in that control of that animal, allow them to wander, except with the written permission of the Council or an authorised officer; Bring any dog unless the dog is under continuous and effective control as per the Dog Exercise Areas provisions of Part 6 Dog Control of the WDC Consolidated Bylaw 2007; Being the owner or person in control allow any dog or animal to defecate unless that person removes the faeces immediately from that place and disposes of it in a sanitary manner; Swim any horse or other animal on or from any part of a beach, which is used or is likely to be used for the purpose of bathing or other recreation; Bring any animal onto the beach where in the opinion of the Council or an authorised officer a nuisance or danger is or may be created for other users of the beach. 13.4.2 Where a dog or animal is found on any beach in contravention of clause 13.4.1 it may be seized and impounded by any person duly authorised by the Council. 13.5 CONDUCT 13.5.1 A person shall not, on any part or the beach:
Take part in any activity, which interferes or is likely to interfere with the safety, comfort or convenience of the public or creates or is likely to create a nuisance; With intent to offend, use any indecent or offensive language or behave in any indecent, offensive, improper, disorderly or noisy manner; Interfere with any harbour works or any other protection works for the control of or prevention of erosion; Subject to any applicable Fire Control legislation or any Part of the Bylaw, light or leave any fire in a manner or condition which is or might be dangerous to any person or property or which causes or may cause a nuisance to any person. 13.6 CHANGING AREAS 13.6.1 A person shall not: Play games in or loiter in any changing area; Use any changing area except for dressing or undressing; Where over the age of 8 years old, enter or use any place, room or building on any beach set aside for the use of the opposite sex, except for the purpose of rendering assistance in case of accident or emergency. 13.7 RESERVED AREAS FOR PARTICULAR ACTIVITIES 13.7.1 The Council may by public notice and in accordance with any required conditions, including period of time, reserve any specified area for the use of surfboards. 13.7.2 Any reserved area referred to in clause 13.7.1 will be identified by notice boards which will be displayed in the area. 13.7.3 Where a surfboard area has been identified under clause 13.7.1 a person shall not use or allow or cause to be used any surfboard in any other part of the beach, except for the reserved area. 13.7.4 Nothing in this Part of the Bylaw shall preclude any member of a surf life saving club, authorised by the Council to operate on the beach, from launching or landing any surf lifesaving craft for the purpose of training or rescue. 13.7.5 Notwithstanding the preceding clauses, the Council may, on application received, allow certain areas to be used for a particular activity or activities. 13.8 SURFBOARDS AND OTHER OBJECTS 13.8.1 No person shall use any apparatus or thing, including a surfboard or any object which is being used as a surfboard, so as to create or is likely to create a danger or a nuisance to other users of the beach. 13.9 LIFESAVING 13.9.1 The Council may authorise any Life Saving Club:
To provide and use on any beach, life saving equipment to the approved standards of Surf Life Saving New Zealand; To use any such equipment provided by the Council; and To erect, place or remove on any beach any danger notices, or signs requiring or prohibiting swimming within specified areas of the beach as is necessary. 13.9.2 A person shall not interfere with, remove, destroy or damage any lifebuoy or lifesaving apparatus erected, maintained, or otherwise authorised by the Council on any part of the beach to which this Part of the Bylaw applies 13.9.3 A person shall not obstruct or hinder or interfere with the carrying out of any life saving operation or drill or with any persons engaged therein. 13.10 HIRING OF CRAFT 13.10.1 The Council may authorise, subject to any required conditions and fees, the use of any defined part of the beach for the hiring, storing, launching and recovery of particular types of waterborne craft made available for public hire, and may issue a licence to any person for the carrying out of one or more of those activities. 13.10.2 Any person who undertakes any of the activities referred to in subclause 13.10.1: outside of the area set apart from those purposes; or in any part of the area set apart for those purposes when he or she is not licensed so to do; commits an offence against this Bylaw. 13.11 PENALTIES 13.11.1 Any person who in the opinion of an authorised officer commits a breach of any of the provisions of this Part of the Bylaw shall, if so requested by the officer, supply to the officer his or her full name and address. 13.11.2 Any person who in the opinion of the officer appointed by the Council commits a breach of any of the provisions of this Part of the Bylaw shall, upon request of the officer, immediately leave the area and may be prohibited from appearing in the area for such period as the officer deems fit; but shall nevertheless be liable also to be prosecuted for the said breach, and the failure so to leave the beach shall constitute a further offence.