Policing of Beaches
(Jersey) Regulations 1959[1]
1 Interpretation[2]
In these
Regulations –
“article or thing”
includes any living thing;
“authorized person”
means a person appointed by the Minister to be an authorized person for the
purposes of these Regulations, or any police officer;
“beach” means
a sea beach and includes a slipway;
“Minister”
means the Minister for Sustainable Economic Development;
“trading”
means the selling, or exposing or offering for sale, of any article or thing,
or the provision of, or the offering to provide, any service for a
consideration.
2 Prohibited
acts
(1) No
person shall, on any beach –
(a) behave
or be clothed in any manner reasonably likely to offend against public decency;
(b) deposit,
throw down or leave (otherwise than in a receptacle provided for the purpose)
any bottle, tin, container, glass, crockery, paper, wrapper or any refuse of
any nature whatsoever;
(c) deface
the surface of any public property or buildings or of any such property or
buildings abutting on the beach by writing or other marks;
(d) destroy,
injure or deface any seat provided for the use of the public, or any grille,
fence or other public property;
(e) cause
any annoyance to any other person;
(f) cause
any obstruction to free passage;
(g) inconvenience
any other person with the offer of any article or thing for sale or the
provision of any service;
(h) between
the hours of 10.30am and 6pm during the period of the year commencing on 1st
May and ending on 30th September –
(i) ride any horse or
pony, or
(ii) bring
any dog, or permit any dog of which the person is in charge, to be on the beach
except on a lead;
(i) permit
any dog of which the person is in charge to rush at, worry or otherwise
interfere with the safety, comfort or convenience of any other person on the
beach;
(j) fail
to remove forthwith from the beach any faeces deposited by a dog of which the
person is in charge (not being a guide dog in the charge of a blind person),
for the purposes of which it shall be a sufficient removal if the faeces are
hygienically disposed of in a receptacle provided for the deposit of litter.[3]
(2) Paragraph (1)(h)
shall not apply –
(a) to a
dog that is being worked under the control of a police officer or an officer of
the Impôts in the course of the officer’s duty; or
(b) to a
horse or pony that is being ridden in a permitted equine event.[4]
(3) An
event is a permitted equine event for the purpose of paragraph (2)(b) if
the person holding the event has the written permission of the Minister to
arrange for horses and ponies to be ridden in the event despite paragraph (1)(h).[5]
(4) The
Minister –
(a) shall
not grant permission under paragraph (3) except with the consent of the Connétable
of the parish (or of each parish, if more than one) in which the event is to be
held;
(b) may
grant that permission subject to such conditions as the Minister may think fit
to impose; and
(c) may
at any time withdraw that permission.[6]
3 Acts for which written permission of Minister is required
(1) No
person shall, except with the written permission, previously obtained, of the
Minister –
(a) drive
or cause to be driven any vehicle on any beach;
(b) park
or cause to be parked any vehicle on any beach (not including a slipway);
(c) park,
or cause to be parked or to remain at rest, any vehicle or boat –
(i) on any slipway,
or part of a slipway, not listed in the Schedule, or
(ii) on
any part so listed, for more than 12 hours in any period of 24 hours;
(d) engage
in trading on any beach;
(e) place
or exhibit any display or representation on any beach;
(f) hold
any meeting on any beach at which any musical instrument or any apparatus for
the transmission, reception, reproduction or amplification of sound, speech or
images by electrical or mechanical means is used:
Provided that sub-paragraph (a)
shall not apply to any vehicle –
(i) engaged in the
transport of vraic, stone, sand, shingle, gravel or boats, or
(ii) being
used for the public service.[7]
(2) Any
permission under this Regulation may be granted subject to such conditions as
the Minister may think fit to impose, and may at any time be withdrawn by the
Minister.
(3) An
authorized person has the same power to remove any boat remaining at rest on a
slipway in contravention of paragraph (1)(c) as the person has to remove a
vehicle from the slipway under the Road Traffic
(Removal of Vehicles) (Jersey) Order 1963.[8]
4 Authorized persons[9]
Every authorized person,
other than a police officer, shall be issued with an identity card by the
Minister wherein shall be specified the name of the authorized person to whom
it is issued and the fact that the person is an authorized person for the
purposes of these Regulations, and in the exercise of the person’s
functions under these Regulations the authorized person shall carry the
authorized person’s identity card and, should the circumstances so
require, exhibit it as evidence of his or her authority.
5 Duty to give name and address[10]
Any person who has
contravened any of the provisions of these Regulations shall, on demand by an
authorized person, give the person’s name and address.
6 Penalty for offences
If any person contravenes
any of the provisions of these Regulations or contravenes or fails to comply
with any condition subject to which any permission under these Regulations is
granted, the person shall be liable to a fine not exceeding level 2 on the standard
scale.[11]
7 Application of fines levied summarily[12]
All fines for offences
against these Regulations which are levied summarily by a Centenier in exercise
of powers conferred upon the Centenier by Article 1 of the Policing of
Roads, Parks and Sea Beaches (Application of Fines) (Jersey) Law 1957, shall be awarded for the benefit of the parish in which the
offence was committed and shall be applied towards the cost of maintenance of
the by-roads of that parish.
8 Savings
(1) Nothing
in these Regulations shall derogate from any right or interest in any part of a
beach enjoyed by any person in right of the Crown.
(2) Nothing
in these Regulations shall be deemed to repeal or affect the provisions of any
other enactment, but so that a person shall not be punished twice for the same
offence.
9 Citation
These Regulations may be
cited as the Policing of Beaches (Jersey) Regulations 1959.