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Issued by The Club Mooring Committee - Issue date September 2007 - Issued subject to the Rules of The Club and the Regulations and Bylaws in force. DEFINITIONSDefinitions used in documents controlled by the Mooring Committee are as follows: The Club refers to Eling Sailing Club Harbour Facilities shall be limited in meaning to those facilities, including moorings, which are managed by The Club. A Mooring Holder or Berth Holder is a full member of The Club who has entered into a contractual agreement to lease a mooring managed by The Club. A Mooring is any facility that has been allocated as the location at which a vessel may be left tethered and unattended by right of lease from The Club through a Mooring Agreement. The generic term Mooring applies to Berths and Moorings. A Temporary Mooring is a mooring allocated on a short-term basis to a club member. A Borrowed Mooring is a mooring normally used by one member (mooring or berth holder) but temporarily allocated to another member because the incumbent berth holder has agreed:
Wall Berth - A berth between piles fronting to the quayside. Mud Mooring - A mooring within Eling Harbour on a drying bed, of mud or aggregate either set between for and aft piles or fixed between trot wires. Deep Water Mooring - A swinging mooring outside Eling Harbour on deeper water that is unlikely to have a depth of less than 1m (LAT). Deep Water Tender Mooring - A mooring between for and aft buoys on the seaward side of the scrubbing hard. An active vessel is a vessel that is participating in either of the following activities: In regular use as a vessel
navigating Southampton Water A resting vessel is a vessel normally active but temporarily and by agreement with the Mooring Master, left moored and unattended for more than three months. Reasons for this inactivity should be reasonable and usually unforeseen or outside the owner's control. A Sanction is a requirement for a member to explain his or her conduct, and in some circumstances this may incur a penalty. An Excess Charge is a charge on a member in addition to his or her annual membership and or mooring fees, levied for an excessive use of one or more facilities. A Default Charge is a charge on a member in addition to his or her annual membership and or mooring fees, levied for an inappropriate use of one or more facilities in contravention of a Harbour Bylaw or recommendation. An inactive vessel is a vessel which, for whatever reason, has been left inactive for more than six months. Reserved Rights - A member's reserved rights are defined in his or her annual mooring agreement. These rights were conferred because the member had an established situation prior to the current rules and or bylaws coming into force. Such rights may be the security of tenure on a particular mooring, the tariff for that mooring, the size of boat allowed if outside the Club's agreed limits, the use of private chains, a position on the MAWL, etc. MAWL - Mooring Allocation Waiting List. This is a list, now closed to new entries, of members who had participated in a seniority scheme to await beneficial moorings.
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Issued by The Club Mooring Committee - Issue date September 2007 - Issued subject to the Rules of The Club and the Regulations and Bylaws in force. CHARGING STRUCTURE FOR ELING SAILING CLUB HARBOUR FACILITIESThis charging structure will be reviewed annually at The Club AGM. CHARGING STRUCTUREMEMBERS
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Issued by The Club Mooring Committee - Issue date September 2007 - Issued subject to the Rules of The Club and the Regulations and Bylaws in force. TERMS AND CONDITIONS OF MOORING AGREEMENTS
* Excepting where reserved rights are claimed by the member and recognised by The Club. These Terms and Conditions are subservient to Section 12 of the Club Rules. They may be amended as required by the Club Mooring Committee upon giving 14 days notice to Members through the WEB site notice board and the clubhouse Mooring Committee Notice Board and the new or amended Bylaws displayed as addenda to The Harbour Bylaws and accepted into force until the next AGM at which they will be voted upon under Rule 11.10. Bylaws passed after voting under Rule 11.10 shall be incorporated into these Bylaws, but if not passed, they will be rescinded immediately. |
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Issued by The Club Mooring Committee - Issue date September 2007 - Issued subject to the Rules of The Club and the Regulations and Bylaws in force. HARBOUR BYLAWS OF THE CLUB
1 SCOPE AND AIM OF BYLAWSThe scope of these bylaws is
limited to the Harbour facilities managed by The Club. 2 AUTHORITY2.1 The authority for change or addition to any of these bylaws is the Mooring Master or his representative. Changes will be promulgated as addenda to these Bylaws and incorporated in accordance with Rule 11.10 of the Rules of The Club. 2.2 The Mooring Committee will test the decisions of the Mooring Master to ensure a just, fair and sensible approach in all of his/her decisions. In the event of intractable disagreement between the Mooring Committee and the Mooring Master the issue shall be put to the General Committee for guidance. 2.3 The Mooring Committee, as named on the Mooring Committee Notice Board, are empowered to advise members if they are in breach of these bylaws and to request that members comply with these bylaws. 3 FACILITIES OFFEREDThe harbour facilities offered by The Club shall be displayed on the Mooring Committee Notice Board within the clubhouse and on The Club WEB site. 4 RESTRICTIONSThis section of the bylaws is necessary to define the acceptable limits on a number of topics. It is intended to ensure that all members have an equal opportunity to enjoy their boating without prejudicing the enjoyment of others. If an issue has not been covered, this does not imply that it is therefore acceptable and in such cases the decision of the Mooring Committee will prevail, subject to appeal through The Club Grievance Procedures. Members are expected to respect the reasons for these restrictions and not to exploit loopholes or gaps for selfish purposes. 4.1 The maximum size of boat that may be moored on moorings or berths managed by The Club is defined by the space available and the regulations in force from external harbour authorities on behalf of whom The Club manages mooring facilities. The current constraints are:
These constraints may vary as the harbour facilities are developed but changes will be subject to EGM ratification because the maximum boat length is defined in Rule 12.1 of the Rules of The Club. 4.2 Maximum speed within the creek is limited to 4 Knots through the water. This limits the disturbance caused by displacement wakes to a level unlikely to cause damage to other vessels. 4.3 Third Party Insurance Liability will be set from time to time and declared in Mooring Agreement renewal forms and posted on the WEB site and on the Mooring Committee Notice Board. 4.4 Unforeseen events and general flexibility make it sensible to make allowance for unauthorised use of facilities. However, the abuse of this allowance by any individual will invoke Sanction 1 and may result in withdrawal of the privilege for a time specified by the Mooring Committee. In all cases if the facility has been pre booked by another club member then the unauthorised use may not take place unless the affected members and the Mooring Master agree.
4.4.1 Where a written request has been made to the Mooring Master and promulgated through the Mooring Committee the time allowed on any of these facilities will be at the discretion of the Mooring Committee. 4.5 The Mooring Master must approve new arrangements of mooring equipment before it is fitted. All refurbished and like for like replacement mooring equipment will be subject to approval, after fitting, by the Mooring Master. 4.6 A berth must be equipped with suitable mooring equipment prior to mooring any vessel upon it. 4.7 A mooring must have correctly maintained equipment, even if unused, or must be rendered unusable by the removal of the Mooring Holders own equipment. 4.8 Any member wishing to make use of an unused mooring shall apply in writing to the Mooring Master. If a suitable mooring for the stated vessel is available it will be offered to the member. The member must be prepared to vacate the mooring within 14 days of being asked to do so. It is not the responsibility of the Club to relocate the vessel. 4.9 If a mooring holder wishes to temporality make use of another members mooring (e.g. during winter lay-up) then providing no disruption is caused to either the mooring, other club vessels or equipment the Mooring Master can authorise the use of that mooring. The mooring must be vacated at the Mooring Holders request within 14 days of being asked to do so if the mooring is required for use of the vessel named in the Mooring Agreement for that Berth. 4.10 A mooring will only be offered if the vessel to be placed on the mooring is considered suitable by the Mooring Committee. 4.11 Tenders must not be left on club pontoons for more than a few hours. 4.12 Members are normally permitted only one vessel moored within Eling Harbour on the moorings managed by The Club. In exceptional circumstances and upon application to and authorisation from the Mooring Committee members may be permitted a second mooring on a temporary and time defined basis. Priority will be given over members requiring a second mooring to those members without an allocated club mooring and who require a berth. Where a second club mooring is being occupied, a 3-month period of grace shall be given, where circumstances allow, in order to give adequate time to dispose of one of the vessels. Any further extensions to this period may only be granted by the Mooring Committee. 4.13 Application for summer storage of any type must be made in writing to the Mooring Master. 4.14 The Harbour is of limited space, so whilst mooring facilities are offered for mariners wishing to be active in boating, the use of the harbour for the long-term storage of inactive vessels is discouraged. Members with inactive vessels who have remained inactive for over twelve months without an agreed consent may be asked to remove their boats to either swinging or mud moorings and could be faced with the cancellation of their Mooring Agreement. 4.15 The Pontoons are primarily for embarkation and disembarkation purposes. The Compound Pontoon may be used in exceptional circumstances for maintenance or unforeseen problems. The finger pontoon (compound side) is strictly for embarkation and disembarkation of cruisers picking up or returning club water taxi tenders. The finger pontoon (compound side) should not be used for any other purpose. 5 RESPONSIBILITIESThe responsibilities of The Club and of its members are declared below, but are an entirely voluntary undertaking, which shall not be regarded as enforceable through law; but which will be enforceable through club internal procedures. 5.1 RESPONSIBILITIES OF THE CLUB5.1.1 The Mooring Master is responsible for the stewardship of the harbour facilities and as such is required to maximise the use of these resources to the benefit of the club as a whole. In exercising this duty the Mooring Master will: Maintain a list of all Mooring Holders with details of their Mooring Agreement including any reserved rights that they may enjoy.
5.1.2 The Mooring Committee will:
5.1.3 The Club will offer mooring agreements in chronological order of application on the recommendation of the Mooring Committee. The mooring can then be occupied after the Mooring Agreement has been accepted. 5.1.4 A member may decline an offer of a mooring and retain the same position in the chronological queue.***** 5.1.5 The Club may re-allocate moorings at any time after the Mooring Master has consulted with affected members. A member has the right to appeal to the committee if he objects to the re-allocation. The Mooring Master may, in the interest of mooring holders, move endangered club member’s vessels to other moorings. Reasonable efforts will be made to notify the owners of affected vessels. 5.1.6 The Mooring Agreement between The Club and Mooring Holders specifies details of the individual agreement but not the Terms and Conditions implied by the contract. These Terms and Conditions shall be displayed on the Mooring Committee Notice Board within the clubhouse. 5.1.7 Once a member has been allocated a mooring within the managed bounds of The Club, that member can reasonably expect to retain a suitable mooring excepting where:
5.2 RESPONSIBILITIES OF MEMBERS USING THE FACILITIESMembers undertake to:
6 OTHER ISSUES6.1
Markings, posts and buoyage are not the responsibility of The Club
and mariners are advised to make adequate provision for the safety of
their own vessels. 7 SANCTIONS7.1 Members must comply with reasonable instructions issued by Members of the Mooring Committee to apply these Bylaws. However, should a Member disagree with any instruction then the matter shall be resolved after written application to the Mooring Committee or a subsequent appeal via the Grievance Procedure. 7.2 The Mooring Committee have four sanctions by which they may enforce these bylaws. Members who refuse to abide by the sanction imposed will automatically be subject to Sanction 3. S1
Member required to explain his/her conduct to the Mooring Committee Conduct worthy of sanction includes:
===================================================================================== * THE CLUB welcomes visitors, however our harbour facilities are restricted so visitors may only occupy a pontoon or free mooring for a short period. Visitors wishing to remain longer will be required to book their stay with the Mooring Master and pay a daily mooring fee. The daily visitor mooring fee shall be set by the Mooring Committee and displayed on the Mooring Committee Notice Board. ** In addition to this list the Mooring Master will maintain the now closed Mooring Allocation Waiting List until such times as it has been finally withdrawn by consent of all members listed upon it. *** The MAWL will be the first list consulted in any mooring allocation process. **** Some members have reserved rights associated with their mooring allocation. Where a member has such rights these will be honoured and whilst a suggested move may be broached, no pressure will be applied to make the member comply. ***** Members already recorded on the Mooring Allocation Waiting List (MAWL) will retain their position on this list until they accept a new mooring or voluntarily remove themselves from the MAWL. |
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