Borough of Worthing

Byelaw No. 54

Borough of Worthing

Byelaws

Respecting the Seashore and Esplanades

within the Borough

WORTHING BOROUGH COUNCIL

Byelaws made by the Borough Council of Worthing 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 Esplanades within the Borough.

INTERPRETATION

1.In these byelaws:

“the Council” means the Borough Council of Worthing;

“Esplanade” means each of the Esplanades described in the Schedule to these byelaws;

“Seashore” means the Beach and Foreshore from time to time situate above the level of low water mark of medium tides.

GAMES

2.No person shall participate in any game, sport or pastime to the danger or annoyance of any other user of the Seashore or of any Esplanade west of Splash Point.

BEGGING, ETC.

3.(1) No person shall on the Seashore or Esplanade, to the annoyance or obstruction of any other person using the Seashore or Esplanade, beg or solicit alms, or for the purpose of selling or advertising any article or of obtaining custom, tout or importune, either verbally or by the distribution of handbills, circulars or advertisements.

(2) This byelaw shall not apply to any collection of money or sale of any article in accordance with any Regulations made under section 5 of the Police, Factories, etc. (Miscellaneous Provisions) Act 1916, for the time being in force in the Borough of Worthing.

VEHICLES

4.(1) No person shall, without the consent of the Council, ride or drive a cycle, motor cycle or motor vehicle on the Seashore or Esplanade, or bring or cause to be brought on to the Seashore or Esplanade a motor cycle or motor vehicle.

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

(3) This byelaw shall not apply to a motor cycle or motor vehicle belonging to the police, fire or ambulance service or where entry to the Seashore or Esplanade is required for the purpose of any emergency in connection with the saving of life.

(4) This byelaw shall not apply to the riding of cycles on the Esplanade in a clearly signposted and designated cycle track.

(5) 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 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 with less than four wheels and the weight of which unladen does not exceed 410 kilograms;

“motor vehicle” means a mechanically propelled vehicle, not being an invalid carriage or motor cycle, not intended or adapted for use on roads.

HORSES

5.(1) Between 1st May and 30th September inclusive in any year, no person shall ride any horse on the Seashore or on any Esplanade west of Splash Point during the hours of 10.00 a.m. to 8.00 p.m.

(2) No person shall on the Seashore or on any Esplanade west of Splash Point 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 Esplanade.

BOATS, FISHING GEAR, ETC.

6.(1) No person shall erect, fix, deposit or leave upon the Esplanade or on any seat or other structure belonging to the Council thereon:

(a) any boats, canoes, or other vessels;

(b) any nets, fishing lines, pots or other fishing gear, or any ropes, sails, cordage, spars, chains, anchors or ship’s or boat’s gear; or

to the danger, obstruction or annoyance of any other person using the Esplanade.

(2) This byelaw shall not prohibit the depositing or leaving on the Esplanade of any boat or fishing gear at any time when, owing to stress of weather or high tides, such a course may be necessary or expedient for the safety thereof; but a sufficient space or thoroughfare shall at all times be left clear along the Esplanade for the use of pedestrians or wheelchairs.

(3) Where any portion of the Seashore has been set apart by notices conspicuously posted on the Seashore for the placing of boats, no person shall place or permit to be placed any boat, capstan or gear connected therewith on any other portion of the Seashore.

FIRES

7.No person shall light a fire on the Seashore or on any Esplanade west of Splash Point to the danger or annoyance of any other person using the Seashore or Esplanade.

PERFORMANCES, ETC.

8.Where any part of the Seashore or of any Esplanade west of Splash Point has, by notices placed in conspicuous positions on the Seashore or Esplanade, been set apart by the Council for the delivery of such lectures, sermons or speeches, or performance of music, or for the holding of such entertainments as may be indicated in the notices, no person shall:

(a) deliver any lecture, sermon or speech, or perform any music, or hold any entertainment so indicated, as the case may be, on any other part of the Seashore or Esplanade; or

(b) use any such part in such manner as to interfere with or hinder any person already using it for any purpose for which it has been set apart.

NOISE

9.(1) No person on the Seashore or Esplanade shall, after being requested to desist by an officer of the Council, or by any person annoyed or disturbed, or by any person acting on his behalf:

(a) by shouting or signing;

(b) by playing on a musical instrument; or

cause or permit to be made any noise which is so loud or so continuous or repeated as to give reasonable cause for annoyance to other persons on the Seashore or Esplanade.

(2) This byelaw shall not apply to any person holding or taking part in any entertainment held with the consent of the Council.

ERECTION OR STRUCTURES

10.(1) Where any part of the Seashore or of any Esplanade west of Splash Point has, by notices placed in conspicuous positions on the Seashore or Esplanade, been set apart by the Council for the erection or placing of such booths, tents, stands or other structures as may be specified in the notices, no person shall erect or place any structure so specified on any other part of the Seashore or Esplanade.

(2) This byelaw shall not apply to a windbreak for personal use.

OBSTRUCTION

11.No person shall on the Seashore or Esplanade;

(a) intentionally obstruct any officer of the Council in the proper execution of his duties;

(b) intentionally obstruct any person carrying out an act which is necessary to the proper execution of any contract with the Council; or

(c) intentionally obstruct any other person in the proper use of the Seashore or Esplanade, or behave so as to give reasonable grounds for annoyance to other persons on the Seashore or Esplanade.

PENALTY

12.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.

SAVING FOR OFFICERS

13.An act necessary to the proper execution of his duty on the Seashore or Esplanade by an officer of the Council, or any act which is necessary to the proper execution of any contract with the Council, shall not be an offence under these byelaws.

SAVING OF CROWN AND OTHER RIGHTRS

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 of 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 byelaws 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.

REVOCATION

15.The following byelaws are hereby revoked:

(a) the byelaws made by the Mayor, Aldermen and Burgesses of the Borough of Worthing on 5th February 1924 and confirmed by the Secretary of State for the Home Department on 9th April 1924 in respect of Esplanades, Parades, Public Walks and Gardens and the Seashore; and

(b) the byelaws made by the Council on 10th May 1977 and confirmed by the Secretary of State for the Home Department on 12th July 1977 in respect of cycling on the Beach Path, Goring-by-Sea.

SCHEDULE

The “Esplanade” referred to in byelaw 1 means and includes each of the following:

(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 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 26th day of April)

One thousand Nine Hundred and Ninety-Six)

in the presence of:)

SHERYL GRADY

Head of Legal Services

The foregoing byelaws 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 authority ofR.G. Evans

the Secretary of StateHead of Unit

25th February 1997Constitutional and Community Policy Directorate

Home Office, London, SW1

Signed by authority of S.K. Reeves

the Secretary of StateHead of Ports Division

for TransportDepartment of Transport, London, SW1P

11th March 1997

PC12/29926