| 1. | Citation |
| These bye-laws may be cited as the Chelmer and Blackwater Navigation bye-laws |
| 2. | Interpretation and application |
| In these bye-laws:
'The Act' means the Act of 1793
'Authorised officer' includes any warden or bailiff duly authorised in writing by the Company
'Consent of the Company' means a consent in writing signed on behalf of the Company by an officer duly authorised on that behalf
"Pleasure boat' means a pleasure boat licensed to navigate the waterway
'The Company' means The Company of the Proprietors of the Chelmer and Blackwater Navigation Llmited
'The Navigation' means the Company's waterway from and including Springfield Basin in Chelmsford to Heybridge Basin Sea Lock at Colliers Reach on the River Blackwater |
| 3. | Damage etc. |
| No person shall interfere with or deface:
| 3.1. | Any notice, placard or notice-board erected or exhibited by the Company on the Navigation or its banks |
| 3.2 | Any lock, sluice, floodgate, weir or any other structure on the Navigation |
| 3.3 | Any life-saving equipment on the Navigation or its banks |
| 3.4 | Any water point, sanitary or refuse disposal station or any other facility belonging to the Navigation |
| 3.5 | Any fence, wall, hedge or gateway on the bank of the Navigation |
| 3.6 | Willow trees which are planted on the Navigation's banks as a source of income for waterway maintenance on their maturity |
| 3.7 | Remove fish without the express permission of the Company |
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| 4. | Fauna |
| No person without the consent of the Company whether in or above the Navigation or on its banks take, molest, wilfully disturb, injure or destroy any living creature or the eggs of any living creature or use any nets, snare instrument, lamp, lure or other means for taking or destruction of any such living creature or its eggs |
| 5. | Electric generators etc. |
| No person shall on the Navigation or its banks cause or permit an electric generator or other engine to be operated in connection with any vessel when the same is moored so as to cause disturbance or annoyance to other persons enjoying the amenities of the Navigation |
| 6. | Vehicle parking |
| No person shall cause a vehicle (whether attended or unattended) to obstruct the bank or towing path of the Navigation |
| 7. | Gates to be closed |
| Where it is indicated by a notice exhibited on or alongside any gate on any bank or towing path of the Navigation that it is prohibited to leave a gate open no person having opened the gate or caused it to be left open shall leave it open |
| 8. | Camping |
| No person without lawful authority and whether in a tent or vehicle shall not camp or sleep out on the bank of the Navigation |
| 9. | Animals to be controlled |
| No person shall cause or permit any dog or other animal in his charge to enter or remain on the bank of the Navigation unless such dog or animal is under proper control and is effectively restrained from causing annoyance to any person or worrying or disturbing any bird or animal |
| 10. | Affixing of bills |
| No person shall without lawful authority affix any bill or placard or notice to or upon any wall or fence or to any tree or building, railing, lock or sluice or other structure on the bank of the Navigation |
| 11. | Obstruction in locks |
| No person shall obstruct access to or egress from any working lock or hinder or obstruct persons in boats approaching, passing through or leaving any working lock on the Navigation |
| 12. | Dangerous litter |
| No person shall leave on the bank of or in the water of the Navigation otherwise than in a receptacle provided for litter any glass, plastic material, metal, fishing line, fishing hook or other material likely to cause injury to any person, animal or bird |
| 13. | Harassment |
| No person shall:
| 13.1 | on the Navigation or its banks throw or propel any stone missile or any other object in a manner likely to endanger any other person |
| 13.2 | Do any act or thing with intent to harass any other person or to prevent him exercising the rights or enjoying the facilities which he may be entitled to exercise or enjoy on the Navigation or its banks |
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| 14. | Guns |
| No person shall shoot or discharge a gun firearm or air weapon over or in the direction of the Navigation or on or over its banks so as to endanger or harass persons exercising their lawful rights on the Navigation or its banks |
| 15. | Diving |
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| 15.1 | No person shall dive or jump into the Navigation from any lock, bridge or land drainage structure over the Navigation unless a device has been provided for that purpose |
| 15.2 | No person shall bathe or swim within 36 metres upstream or downstream of any locks, sluice, weir or water intake or in any lock pen |
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| 16. | Fishing |
| Fishing is not permitted without a license from the duly authorised Angling Association, Society or Club |
| 17. | Conditions of navigation |
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| 17.1 | No vessel may pass through the sea lock or navigate upon the waters of the Navigation without first having paid to an authorised officer the dues and duties from time to time prescribed in respect of such vessel and its cargo |
| 17.2 | Any vessel passing through the sea lock or navigating upon the waters of the Navigation shall conform to the directions of an authorised officer |
| 17.3 | No boat shall pass along the Navigation in times of flood nor pass through any lock in hours of darkness, with the exception of Heybridge Basin sea lock |
| 17.4 | The Company shall not be liable for any death or personal injury howsoever caused where such death or injury shall be a foreseeable result of any act of negligence on the part of the Company or its authorised officer or officers |
| 17.5 | The Company shall not be liable for any loss or damage to any property or other belongings of any nature howsoever the same may be caused |
| 17.6 | No person shall cause pollutants, rubbish or sewage to be deposited onto or into the waters of the Navigation or onto its banks. Provision is made at permanent mooring places for the disposal of rubbish and emptying of chemical toilets |
| 17.7 | All vessels to be clearly marked to enable them to be identified. All dinghies and trailers left on Company property to be visibly marked with the owner's name |
| 17.8 | All persons using the Navigation, its towing paths, banks and islands do so at their own risk |
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| 18. | Navigation |
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| 18.1 | Subject as is otherwise expressly provided no person navigating a vessel on the Navigation shall do so:
| 18.1.1 | Without due care and attention or without at all times keeping a proper look-out |
| 18.1.2 | Without reasonable consideration for other persons exercising their rights on the waterway or enjoying its facilities |
| 18.1.3 | At a speed exceeding 4 miles per hour |
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18.2 | No person shall use or navigate a vessel:
| 18.2.1 | so as to prevent for an unreasonable time any other person exercising his rights on the Navigation or enjoying its facilities so as to harass him |
| 18.2.2 | so as to cause unnecessary injury or damage to any flora or fauna or to the banks of the Navigation |
| 18.2.3 | so as to impede the passage of the pleasure barge 'Victoria' which has priority over other vessels | |
| 18.3 | At times of water shortage vessels may be required to use the locks in convoy. In drought conditions all movements through locks may be forbidden |
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| 19. | Method of mooring |
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| 19.1 | No person shall put out or affix any mooring for or from any vessel to a bank of the Navigation or erect any landing plank or structure from any vessel so as to impede or interfere with the free passage of persons or vehicles over or along the bank
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| 19.2 | No persons in charge of any vessel shall cause or permit such vessel to be moored at any wharf or any mooring place on the Navigation unless such vessel has been securely moored head and stern and shall be laid close to and along the side or front of such wharf or mooring place as may be convenient and shall be so moored as not to cause any obstruction to the Navigation or other vessels |
| 19.3 | No persons shall moor or place any vessel to or upon the bank of the Navigation or otherwise in such manner or by such a method as to cause damage to any bank or drainage works, injury to the said bank or to any wall, outfall or any other works |
| 19.4 | No person shall moor any vessel in such a manner as unreasonably or unnecessarily to obstruct or impede the free flow of water in, into or out of the Navigation or so as to prevent or impede the proper control or regulation of water levels by the Water Authority or so as to obstruct or unduly restrict the passage of other vessels in navigating the Navigation |
| 19.5 | Where a vessel is moored or lying in such a position as is likely to interfere with any dredging, repairs, maintenance works, water control or any other operation of the Company, the owner of such vessel shall within 48 hours after receipt of notice to that effect from the Company remove the vessel for such time as the Company may reasonably require for the completion of such operations and if the owner fails to do so then the Company shall be entitled to remove the vessel as may be necessary |
| 19.6 | No person without the consent of the Company (which consent may be given either absolutely or subject to conditions) shall on any bank of the Navigation construct or provide a berth or mooring post, gangway land ing stage or any other erections or installations for any vessel provided that this bye-law shall not prevent the construction or provision of a berth for a vessel in any boat-yard so long as the boat-yard is used for boat building or boat repairing and provided that the construction or provision of such berth does not extend to or involve the deposit of any structure in the bed of the Navigation |
| 19.7 | No person in charge of a vessel shall moor it without the consent of the company for any period or aggregate periods of 48 hours in any three consecutive days at any mooring place provided by the Company on which a notice is exhibited intimating that vessels may not be moored at such place for any period in excess of 48 hours |
| 19.8 | No person shall without the consent of the Company cause or knowingly permit any vessel to be beached or lie aground upon the bank of the Navigation and to remain there unattended provided that this bye-law shall not apply to a vessel which lies aground for a reasonable length of time as a normal incident of navigation or which is lawfully lying at a commercial or private wharf. Any vessel sinking in the Navigation will be recovered at the owner's expense. In default of payment the vessel will be sold and the proceeds applied to the owner's account |
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| 20. | Mooring in proximity to locks |
| No person in charge of a vessel shall moor it without the consent of the Company within 36 metres of any locks, sluices or water intakes or in any lock pen provided that this bye-law shall not apply to any mooring in the course of navigation if the vessel is about to be taken through a lock |
| 21. | Interference with moorings |
| No person shall intentionally loosen or cast off any vessel and leave the same adrift upon the Navigation |
| 22. | Houseboat moorings |
| No person shall without the written consent of the Company moor a houseboat on the Navigation or to its banks. For the purpose of this bye-law the expression 'houseboat' means a vessel which is decked or otherwise structurally covered in and which is primarily intended not as a means of transport but as a place of habitation (whether by day or night or one or the other) or as a place of accommodation or receiving persons for the purpose of shelter, recreation, entertainment or as a club premises or as a kitchen, pantry or store place |
| 23. | Locks |
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| 23.1 | No person shall open or close any lock gate otherwise than for the purpose of passing a licensed pleasure boat through the same nor shall he operate such gate improperly |
| 23.2 | No person shall interfere with the gates of any lock or with its mechanism without lawful authority |
| 23.3 | No person shall operate or attempt to operate any lock or lock gate or to open or fasten any mechanism of the lock or lock gate otherwise than with a proper winding handle supplied by the Company for the particular purpose of operating the same |
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| 24. | Mooring at locks |
| No person employed in or about any vessel shall wind or coil any rope, chain or other fastening around or fix or fasten the same to any lock gate or other work except to the bollards, chains and posts provided for the purpose of bringing up and stopping vessels |
| 25. | Passage through locks |
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| 25.1 | No person in charge of a vessel passing through any lock upon the Navigation or any channel out of the same shall cause such vessel to remain in the lock or channel longer than to pen and navigate the same |
| 25.2 | A person in charge of a vessel proceeding through any lock shall ensure that the lock gates are properly closed prior to the raising of any paddle to admit water into or discharge water from the lock pen |
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| 26. | Fuel tanks |
| No person in charge of a vessel shall cause or permit the fuel tank of the vessel to be removed while the vessel is in a lock pen |
| 27. | Obstruction of officers |
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| 27.1 | No person shall intentionally obstruct any person employed or appointed by the Company in the exercise of any powers or functions conferred on him under or in respect of these bye-laws |
| 27.2 | No person not duly authorised by the Company shall purport to exercise any powers of the Company in relation to the Navigation or its banks |
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| 28. | Enforcement |
| An officer of the Company on production of evidence of his authority may require any person on the Navigation or on its banks who is doing an act, which without the consent of the Company is prohibited by these bye-laws, to produce evidence of such consent and if the person is unable to do so then the officer may require him to furnish his name and address and it shall be an offense to fail so to do |
| 29. | Penalty and defense |
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| 29.1 | Any person who contravenes or fails to comply with any of these bye-laws shall be guilty of an offense and liable on summary conviction to a fine not exceeding £500 and if the contravention or failure to comply is continued after the conviction he shall be guilty of a further offense and be liable on summary conviction to a fine not exceeding £100 for each day it is so continued |
| 29.2 | In any proceedings for an offense under these bye-laws it shall be a defence for the person charged to prove:
| 29.2.1. | That he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offense or |
| 29.2.2 | That he had a reasonable excuse for this failure to act |
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| 30. | Non-payment of dues |
| In default of payment of dues to the Company, after adequate advance notice to owners, vessels will be offered for sale to the highest bidder, sold and the expense of selling and proceeds applied to the owner's due account |
R. Porter
Secretary
