Mooring and Pound Bye-Laws

A PDF version of the mooring and pound bye-laws can be found by clicking here.

Mooring and Pound Bye-Laws 2017.

NOTE: Within these bye-laws the word "Committee" refers only to the Moorings & Pound Sub Committee and not the General Committee.

 

1.            Membership Qualification

To qualify for the allocation of a Club mooring and or boat pound space, it is required that the applicant shall be a full or student member of Hythe (Southampton) Sailing Club.

2              Classes of Boats.

2.1    The allocation of moorings and boat pound spaces will be subject to the following limitations:

2.2    Dinghies will be allocated a space in the dinghy pound.

 

Day boats i.e. An open boat with no cabin larger than a small cuddy/open wheel shelter.

(i) If under 6 metres in length and weighing less than 1000 Kg, a space in the dinghy pound may be allocated.

(ii) Each application is subject to a decision by the Committee and space available.

Any vessel not fitting the above definitions will be defined as a Cruiser. Cruisers will normally be allocated and charged for both a mooring and a boat pound space suitable for the size of vessel. The mooring and pound fees are integral and not separable even if the boat is not launched in any year or kept elsewhere. (See Clause 7 for when a mooring may be withdrawn).

Vessels which cannot be bought ashore due to their size will be issued a mooring in row X or Y. which may be used throughout the year.

2.3       Cruiser moorings and cruiser pound spaces will be limited to one per membership. (See clause 11.2 if changing an existing authorised boat).

 2.4    Day boats as described above; may be launched and recovered by private motor vehicle subject to the following restrictions and the owner demonstrating a competence to safely carry out the operation.

· Use a suitable road or launching trailer matched to the vessel.

· A suitable vehicle fitted with a tow bar or winch.

· Trailers must be fitted with docking arms.

· Vessel including all equipment not to exceed 1000 Kg

· Vehicles must not be driven beyond the yellow line at the top of the slipway.

· The slipway must be clear of cruiser launching / recovery operations.

· The slipway must be clear of dinghy activity.

Owners of vessels fitting the above criteria may use the Club winch to assist in launch and recovery operations once authorised.

2.5    A limit of 10% of the total number of moorings and or cruiser pound spaces may be allocated to power driven craft.

2.6    Boats will be accepted, subject to mooring and boat pound availability. Applications must be made in writing to the Moorings Secretary to cover first registration and any changes of information. No vessel may be bought to the club or any mooring until approved by the Mooring Secretary and the fees paid.

 

2.7    Cruisers will be subject to the following criteria for allocation of moorings:

For moorings in rows 1-10

· Maximum draught 1.6m (5’ 3")

· Maximum manufacturer’s displacement 6.5 Tonnes (6.4 tons)

· Maximum hull length 10.668m (35' 00")

· Maximum beam 4.2m (13’ 9”)

For moorings in Row Y:

· Maximum draft 1.68m (5’ 6”)

· Maximum manufacturer’s displacement 8 Tonnes (7.87 tons)

· Maximum hull length 12.0m (39’ 6”)

· Maximum beam 4.2m (13’ 9”)

For moorings on row X:

· Maximum draft 2.0m (6’ 6 ½”)

· Maximum manufacturer’s displacement 8 Tonnes (7.87 tons)

· Maximum hull length 12.0m (39 6”)

· Maximum beam 4.2m (13’ 9”)

Boat pound facilities ashore will normally be available to all boats on rows 1 – 10. Space may be available to boats on rows X & Y providing they do not exceed a manufacturer’s specified displacement of 6.500 kg (6.4 tons) and draft of 1.68 m (5’ 6”).  Boats new to the club may be allocated moorings on rows X or Y temporarily if no other suitable spaces are available. Should they fit the criteria for a mooring on row 1-10, the owners may apply to be allocated one of those when available.

NOTE: The club boat pound can only accommodate a limited number of boats with dimensions close to the maxima.

2.8    Definitions related to haul out, launching, boat pound storage and charges.

· Length. Overall length of hull plus total length of longitudinal projections that cannot be retracted, (such as bowsprits, pulpits, davits, wind vanes and trailer tow bars).  

· Weight. Manufacturer’s specified displacement.

· Width. Beam of boat or width of trailer/cradle, whichever is greater.

· Footprint area. Length x width. (For the purpose of calculating pound charges)

 

If requested by the Committee, applicants shall supply a copy of the manufacturer’s specification literature in relation to 2.1.5 and 2.1.6 above.

 

2.9    Successful applicants for a pound space shall supply their own trailer or cradle which must be suitable for the boat, of adequate strength and in safe working condition.


 

3 Launching and recovery

3.1    The cruiser mooring fee will include 2 launchings and 2 haul outs per year. Additional launch and recoveries will attract a charge as laid out in the mooring and pound scale of charges.

 

3.2    The maximum applied load on the Club trailer must not exceed 5 tonnes (boat plus cradle).

 

4 Allocation of Moorings and Boat Pound Space.

4.1    Applications for a mooring and boat pound space will be listed in order of date of commencement of current period of Club membership, but the Committee shall reserve the right to vary the order of precedence where the applicant's boat dimensions conflict with mooring/pound space availability.

 

4.2.      Normally only the authorised vessel together with one tender is permitted to occupy a cruiser boat pound space or mooring.  At the discretion of the Committee, a member may also keep another vessel, not being a cruiser, in the allocated cruiser pound space, providing the charged footprint area is not exceeded.

 

4.3    With the exception of boats on rows X & Y when a pound space cannot be allocated, each cruiser must be removed from its mooring during the winter period, (1st November until 31st March), unless the owner makes a specific request to use the mooring during that period and the request is approved by the Committee. Boats remaining on moorings will be required to move temporarily to allow servicing of the moorings.

Note: Owners should seek the advice of their insurers before embarking on over-wintering their boats afloat.

 

4.4    Allocations of moorings and pound spaces may be changed from time to time. Each member is required to co-operate with the Committee to facilitate such changes by moving their boat and/or equipment to the new location.

 

4.5    Owners of boats and equipment may be directed by the club to move them temporarily to different locations. Owners are requested to do this as soon as possible. If a boat and/or equipment have not been moved within 28 days of the owner being required to do so, the club shall be entitled to move the boat and equipment without being liable for loss or damage however caused and the owner shall pay a charge to the club for that work. The charges shall be as published in the schedule of mooring and pound charges.

 

5 Payment of Charges and Fees.

5.1    To use or retain the use of a Club mooring and/or pound space all charges relating to membership fees and to mooring and/or pound charges must be paid by the due dates as shown on the invoices. Boats belonging to owners whose fees are unpaid will not be launched or recovered ashore if afloat.

 

5.2    The Committee shall publish a schedule of all mooring and boat pound charges.

 

5.3    Charges for boat pound spaces shall be calculated as follows.

 

                General charges for Cruisers, Day boats and Dinghies:

Boat pound charge = (Footprint area + shared area) x charge per square metre.

Where shared area = (boat pound area - total of footprint areas) divided by the estimated number of boats and the charge per square metre is based on estimated boat pound costs, allowing for annual variations.

 

Day boats that occupy cruiser pound spaces but are uninsurable or unsuitable for a swinging mooring:

Normal pound charge + supplement equivalent to Row 10 mooring charge.

 

Tenders stored in tender spaces by the creek or sea wall:

Nominal tender footprint area x charge per sq. m.

 

5.4          The mooring charge is an annual fee. No refunds will be considered if vacated during the year.

 

5.5          Charges for moorings will be graduated according to depth and size of sinker.

 

5.6          If at any time any membership fee, mooring, pound or storage charges payable to the Club by any member or former member shall be three or more months in arrears, the club may act to recover the debt in accordance with Clause 14 below.

 

5.7          If a member is removing his boat from the club or has sold his boat, the full combined mooring and pound fee will be charged until such time as the mooring and or pound space is cleared and confirmed by the pound master or to the satisfaction of the new owner if the boat remains in the Club. If a refund is requested this will be calculated at a rate of 7% of the annual pound fee for each complete month remaining. No refund will be made in respect of annual mooring charges.

5.8          New members joining the Club after 30th September with a cruiser requiring a mooring and boat pound space will be charged a discounted rate of 50% of the annual mooring fee. The full annual pound charge will be applied.

 


 

6 Non-use of Mooring.

6.1.    A mooring holder not intending to use a mooring during any summer season shall give notice in writing to the Committee of that fact a minimum of 4 weeks prior to the date when the annual mooring and pound fee is due to be paid. (April 1st). The committee may reallocate the mooring for the benefit of another member without prejudice for that season.

Failure to give such notice or not using the allocated mooring without reasonable excuse may result in the Committee allocating a less favourable mooring the following year.

 

6.2          A summer season is a period in any year between the 1st April and the 31st October.

 

7 Occupation of Boat Pound Space

7.1    If any cruiser remains ashore, without being launched and sailed for two consecutive months in each of the previous two consecutive summer seasons ending on 31st October of the second year, the specific mooring allocation will be withdrawn. The owner shall pay charges according to Clause 7.2 and must make arrangements to sell the boat or remove it from the club. Should the owner wish to keep his boat at the Club he must make a written undertaking to the Committee that he will launch and use the boat the following year for a minimum of 2 consecutive months during the summer season and apply for a new mooring allocation which will be granted when a suitable mooring is available.

 

7.2    Any cruiser subject to 7.1 above shall be charged the appropriate ‘un-launched’ rate, set at a value that is estimated to maintain the club’s income.

 

7.3    No cruiser is authorised to remain ashore at the club if it has not been launched and sailed for at least two consecutive months during the previous three consecutive summer seasons ending on 31st October of the third year. In such cases the committee may take action in accordance with Clause 14 below. Alternatively, and subject to approval of the Committee the owner may elect to pay an un-launched charge for a period not exceeding 12 months set at a rate comparable with local commercial boat storage facilities in order for him to sell, remove the boat from the club or otherwise dispose of the vessel within that period.

 

‘Un-launched’ rates shall be published in the schedule of mooring and pound charges. The Committee may, at its discretion, waive or relax the provisions of clauses 7.1, 7.2 and 7.3 if notified in writing of special circumstances that prevent the owner launching the boat.

 

8 Sub-letting of Mooring/Boat Park Space

8.1    A mooring and/or pound space holder is not permitted to sub-let these facilities, or permit them to be used by another person including club members without the authority of the Committee

 

9 Joint or Shared Ownership

9.1    All persons having a joint or shared ownership in a boat occupying a Club mooring and/or pound space must be a full or student member of the Club, but only one shall be named as the mooring/pound space holder and he/she will be responsible for the payment of all charges and fees. Avoidance of full membership by utilising a Crew or Guest facility may result in disciplinary action by the Club.

 

9.2    The transfer of a mooring and or a pound space by the holder to any other member having a joint or shared interest will not be permitted unless the conditions relative to the allocation of mooring and or boat park space are met and authority is obtained from the Committee.

 

10 Sale or Transfer of Ownership. (Please also refer to the Club’s protocol on selling a boat).

10.1    A member offering/advertising his/her boat for sale will not be permitted to occupy space beyond the limitations imposed by section 7 above.

 

10.2    "For Sale" signs may be displayed on boats in the pound. 

 

10.3    When a member's boat is sold to a non-member the purchaser will not be permitted to occupy a boat pound space or mooring unless temporary membership is obtained. Temporary membership will be available for a period not exceeding 3 calendar months. An administration charge will be levied for issue of a gate card and Club key by the Mooring Secretary. If the boat has not been removed from the club within one calendar month a temporary membership fee will be charged for a period not exceeding a further 2 calendar months at the rate shown in the scale of charges. If the purchaser has not removed the boat from the club by the end of the temporary membership period the committee will refer the matter to the Membership Secretary whereupon full membership will be required and the appropriate fees payable. Boats that are sold may be required to be moved to a different mooring or space within the pound.

 

11 Acquiring or Changing Boats

11.1    No boat or trailer may be brought to the club moorings or pound until its owner has submitted a mooring and/or a boat pound application form and the Mooring Secretary has approved and allocated a mooring and/or pound space. Members who intend to purchase or change boats must first establish from the Mooring Secretary that a suitable mooring and or pound space is likely to be available.

 

11.2        At the discretion of the Committee, and subject to space being available, a member acquiring a new boat may be permitted to bring it to a club mooring or the boat pound whilst still in possession of the previous authorised vessel providing one is kept on a mooring and one in the pound. The full fee will be charged in accordance with clause 2.2 for the largest vessel. The boat to be replaced may remain at the club for a period not exceeding 3 calendar months at no extra charge to help facilitate the member to sell or dispose of it. If after 3 months that boat has not been sold or removed from the club a monthly charge will be levied on it equivalent to the 2 year unlaunched rate for no longer than a further 3 months after which time it will no longer be authorised to remain and must be removed from the club mooring or pound.

 


 

12 Responsibilities for Mooring/Boat park Space

12.1    The Committee reserves the right to levy mooring holders for all charges associated with the laying, lifting, inspection and repair of moorings and may, at its discretion, employ a contractor to carry out any one or all such tasks.

12.2    No mooring may be altered, dismantled and re assembled, or additions made in any way without permission from the committee. All vessels must be attached to the mooring by the supplied chain or rope strop with the anti-chafe sleeve tied or fixed in the stem head fitting. The rope attached to the pickup buoy must not be used to secure any vessel including tenders.

12.3    The Club accepts no responsibility for damage caused to any vehicle, boat or other property, howsoever it may be caused, whilst on Club property.

12.4    Boat pound space holders are responsible for the upkeep and tidiness of their allocated spaces, they are not permitted to store any boat, tender, cradle, trailer or other equipment elsewhere unless separate provision is made and fees paid. Where a pound space is considered untidy or unsafe, the Committee shall require the member to tidy their space or be charged for having the space tidied for them. Nothing shall be stored against or within 1 metre of the perimeter fence that may compromise the security of the club. Pound holders may have one small bin or box for the storage of materials. Only equipment and material used in connection with the maintenance of the authorised vessel is permitted to be kept in the allocated space and must either be kept on the trailer or cradle or stacked tidily so as not to cause an inconvenience or danger to other members. Trailer steering arms must be removed to facilitate access to utility points and spaces between boats kept clear.

12.5    The grinding, disc cutting and welding of metals and similar work within the cruiser boat pound areas is prohibited and is to be carried out in the area near the tractor sheds. In exceptional circumstances, if a trailer or cradle cannot be moved until such work is carried out, the committee may give permission on receipt of a written proposal detailing suitable measures to protect adjacent vessels or other property.

12.6.      Anti-fouling paint is toxic and hazardous to health. Its removal must be undertaken in accordance with the Clubs Health & Safety Policy in such a manner that debris is totally contained within a screened area around the vessel in question.  All residues must be cleared away and disposed as hazardous waste at a Local Authority Waste Disposal site.   

12.7    Blasting operations, dry power sanding or chemical treatments to remove anti-foul may only be undertaken with the approval of the Committee who may determine when and where the work can be carried out. The boat owner must be present if the work is contracted out. In all cases it will be the boat owners responsibility to ensure that suitable screening is fixed to the vessel in such a manner that no dust or debris escapes. Failure to do so will be a breach the Clubs Health and Safety policy. All residues must be cleared away and disposed as hazardous waste at a Local Authority Waste Disposal site.  Contractors must supply a copy of their Health & Safety policy.

12.7    All hosepipes must be used with a shut off device at the users end and removed from taps when not in use.

12.8        Headsails are to be removed from boats whilst laid up ashore.

12.9        Members must remove all their rubbish and scrap materials from the Club and dispose of them in accordance with HSC Port Waste Management Policy.

 


 

13 Identification of Property

13.1    All boats, including dinghies, tenders, cradles, trailers and other equipment must bear the boat or holders name and/or sail number.

 

14 Abandoned and unauthorised boats and equipment.

14.1    The club shall be entitled to treat any of the following as abandoned or unauthorised.

· Any boat, vehicle or equipment located on the club premises or moorings which has not been authorised.

· Any boat and/or equipment belonging to an owner whose membership has terminated.

· Any boat and/or equipment for which payment of the mooring, pound or storage charges are in arrears by 3 months or more. (Note: If stage payments have been agreed with the Mooring Secretary and remain unpaid by the agreed dates, the Committee will regard the outstanding amount as due on the date of the original invoice).

· A boat and/or equipment when the boat has not been launched for 3 years or more; (see also clause 7.3 above) or in the case of a dinghy or day boat has become so dilapidated that it appears to be unseaworthy.

 

14.2    In compliance with the Torts (Interference with Goods) Act 1977 the club may take the following actions in removing, selling or otherwise disposing of abandoned or unauthorised boats and equipment.

 

a)      Upon giving one month’s notice, require the member or former member to collect and remove the boat, and/or equipment.

 

b)      Upon giving three months’ notice, in writing by registered post to the member or former member at his/her last known place of abode as shown in the register of members, sell the boat and/or equipment and deduct any monies due to the club (whether arrears of subscription or facility fees or pound or mooring fees or otherwise.

 

c)       If the boat and/or equipment is unsaleable (in the opinion of the committee), after giving notice in writing as aforesaid, dispose of the boat and/or equipment in any manner the Committee may think fit and deem the cost of doing and any arrears as aforesaid to be a debt owing to the Club by the member or former member.

 

d)      Charge for storage of the boat and/or equipment until such time as the owner collects it or until notice has been served under clauses a) and b) above.

 

PROVIDED THAT in each case the proper evidence is available to show that all reasonable steps have been taken by the Committee to trace a member or former member, and that when and if the boat and/or equipment is sold, the proceeds of the sale (where these exceed the amount of any indebtedness by the member or former member to the Club) shall be placed in a bank deposit account and retained against the eventuality of a claim by the owner (whether he be the said member or former member) for a period of six years.

Further the club shall, at all times, have a lien over members’ or former members’ boats and equipment on the club’s premises or moorings in respect of all monies due to the club, whether in respect of arrears of mooring and boat park charges or subscriptions or otherwise.

 

15 Club Equipment Damage.

15.1    Damage to Club equipment e.g. pressure washers, jacks, trailers etc., must be reported to the Committee immediately. If in doubt as to the correct and proper use, members must seek advice as damage caused by neglect or misuse may result in a charge for repair or injury to a third party.

 

16 Club Vehicles

16.1    In compliance with insurance restrictions, only approved members of the Club are permitted to drive the Club vehicles. If any tractor driver is considered unsafe by the Moorings & Pound Sub Committee he/she will be asked to return their key.

 

17 240 v Electrical power.

17.1    Any electrical lead from a power socket to a boat shall be disconnected when the owner is not on the club premises.

 

18. Pontoon

18.1        Except in an emergency or subject to permission granted from a Committee member, no boat shall be left on the pontoon when the owner is not on the Club premises.

 

18 Insurance

19.1    Every boat owned by a member must be covered by third party insurance to the extent of not less than three million pounds.

 

20 Motor vehicles.

20.1      Motor vehicles left at the Club must not be parked is such a way as to obstruct access to any part of the club building, outbuildings, boats or other equipment. The Club shall be entitled to move any vehicle left unattended and causing an obstruction without being liable for loss or damage however caused.

          Vehicles left for periods in excess of 48 hours should be parked close to the Club house wall or by the creek.

          If the owner is to be away for more than 12 days a note with contact details should be left with the Club Secretary.

 

21 Waste Disposal.

21.1      To comply with the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulation 2003, and the Club’s own waste management policy, The Club gives notice that no facilities exist for members or visitors to dispose of any waste or rubbish bought ashore from any vessel, bought in by any vehicle or produced on site. All such waste shall be taken away for disposal either at the person’s home address or to the local authority amenity site at Marchwood.

Failure to comply with this bye-law may result in the person being required to appear before the General Committee to explain their actions.

22 Nothing in these rules shall contradict the provisions of the main Club Rules.

Approved by the Mooring and Pound sub-Committee. Dated 20.2.2017.

Ratified by the General Committee. Dated 06.03.2017.