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Marina MartiniqueMarina MartiniqueMarina MartiniqueMarina Martinique Home OwnersHome OwnersHome OwnersHome Owners’’’’ Association Association Association Association
(Non-Profit Company) (Registration number: 1990/007381/08)
RULES AND REGULATIONS
THESE RULES WILL BE EFFECTIVE ON: _____27 March 2017_____
Incidental rules approved by the Board
in terms of Section 15(3) on: ____22 March 2017____ (date)
Filed with the Registrar on:
_______________________ (date)
Ratified by the AGM by ordinary resolution on: ________________________ (date)
Ratified rules filed with the Registrar on: __________________________ (date)
All previous rules are herewith repealed.
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INDEX
PAGE
A: RULES OF CONDUCT 1. PREAMBLE 3 2. DIRECTIVES 4 3. DEFINITIONS OF TERMS 6 4. ENFORCING OF RULES POLICY/COMPLAINTS 9 5. POWER OF THE SECURITY OFFFICERS 10 6. OCCUPATION 12 7. TRAFFIC REGULATIONS 14 8. POLLUTION AND DUMPING OF REFUSE 14 9. POLLUTION OF CANALS 15 10. SECURITY 16
10.1 GENERAL 10.2 VEHICLES 10.3 VISITORS 10.4 TENANTS
11. FISHING: 19 12. CARENAGE: RULES 20 13. REGULATIONS FOR CRAFT ON CANALS 21 14. RULES FOR NAVIGATION ON THE CANALS 23 15. PROTECTION OF THE CLAY SEALING LAYER ON THE
BOTTOM OF THE CANALS 26
16. GENERAL RULES 26 17. FINES 27
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A: CONDUCT RULES 1. PREAMBLE:
1.1 These rules are issued in accordance with the stipulations of Paragraph 9 of the Memorandum of Incorporation of Marina Martinique Home Owners’ Association (Non-Profit Company) as registered, and are aimed at:
1.1.1 Giving guidance to all role players within the Marina precinct of all
permissible activities and actions.
1.1.2 Fostering good community living standards. 1.1.3 Establishing security protocol. 1.1.4 Setting guidelines for the use of common areas.
1.1.5 Setting building standards to ensure a uniform standard for the construction of residential units within the Marina precinct.
1.1.6 Determining rules of conduct for the use of the canal system.
1.1.7 Giving guidance to elected and appointed officials of the Association.
1.1.8 Establishing rules and guidelines affecting the daily lives of all
members.
1.2 A person assuming ownership of any immovable property in the Marina shall ipso facto become a member of the MMHOA and will automatically be subjected to the rules and regulations as amended from time to time.
1.3 All homeowners will assume responsibility for all other
members/visitors/labourers, etc. affiliated with them (which they allow to enter the Marina), and shall be subjected to the rules and regulations of the MMHOA as amended from time to time.
1.4 Any transgression by any visitor/affiliated member/labourer, etc.
associated with the homeowner (those he allows to enter the Marina) will be considered to be a transgression by such homeowner/member.
1.5 All sectional title units and other developments on the Marina shall be
subjected to the undermentioned rules and regulations.
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1.6 The Rules and Regulations are not directed at restricting the rights of the individual, but to ensure that all members reside harmoniously with each other whilst enjoying the facilities, the freedom, safety and luxuries offered by the Marina.
1.7 Every member of the MMHOA is in his/her capacity as owner of property
or registered owner of a craft, personally responsible for the actions of his/her family members, visitors and guests and as such shall be held responsible for any damage to property or injuries that may occur.
1.8 Neither the MMHOA nor any of its employees accept accountability for
incidents that are connected with the use of the Marina or any related facilities. All the facilities are used at property owners’ and visitors’ own risk, and although the MMHOA will do everything in its power to ensure the safety of users of the Marina, they accept no responsibility for loss of life or any injury sustained or any damage to property.
1.9 As is the nature of the Marina, the open body of water is not fenced off,
and the MMHOA accepts no responsibility for accidents that may occur. 2. DIRECTIVES
2.1 The Board of Directors shall provide direction as to the practical
application of the rules and regulations.
2.2 The Board may, through their Directives regulate, guide and clarify practical matters pertaining to a rule.
2.3 The Board is authorised to create further rules and regulations through
their issuing of Directives that will form part of these rules in terms of paragraph 9, par. 10.7.4.6 and par. 17 of the Memorandum of Incorporation and the Act.
2.4 The Directives shall not be in conflict with the Memorandum of
Incorporation.
2.5 The Board may make, amend or repeal rules:
2.5.1 In terms of Section 15 (3) of the Companies Act, the Board may (unless the MOI provides otherwise) make, amend or repeal any necessary or incidental rules relating to the governance of the Company in respect of matters that are not addressed in this Act or the Memorandum of Incorporation.
2.5.2 The Board shall publish a copy of the rules, by a) sending it to all
members, b) publishing it on the Company’s official website, and c)
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filing a copy of the rules at the Registrar. The date on which the amendments/new rules was posted via registered post will be considered the date on which the rule was filed at the Registrar. The rule(s) must be consistent with this Act and the Company’s Memorandum of Incorporation.
2.5.3 Any such rule that is inconsistent with this Act or the Company’s
Memorandum of Incorporation is void to the extent of the inconsistency.
2.5.4 The new rule/changed rule takes effect on a date that is the later
of 10 business days after the rule is filed as stipulated in par.2.5.2 or the date, if any, specified in the rule; and is binding on an interim basis from the time it takes effect until it is put to a vote at the next general meeting of the Company; and on a permanent basis only if it has been ratified by an ordinary resolution at the meeting.
2.5.5 If the rule that has been filed in terms of Section 15(3) is
subsequently:
2.5.5.1 ratified as contemplated as above, the Company must file a Notice of Ratification within five (5) business days in the prescribed manner and form or
2.5.5.1 not ratified when put to vote:
2.5.5.1.1 The Company must file a Notice of Non-ratification within five (5) business days after the vote, in the prescribed manner and form.
2.5.5.1.2 If a rule that has been filed as above in
par. 2.5.4 is not subsequently ratified as above, the company’s Board may not make a substantially similar rule within the ensuing 12 months, unless it has been approved in advance by ordinary resolution at a shareholders’ meeting.
2.6 The Board may grant written permission for organized events at the
Marina like: regattas, windsurfing competitions, angling competitions, etc. in which case the Board reserves the right to:
2.6.1 Temporarily suspend some of the conditions of the rules of the
Marina.
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2.6.2 Provide specific rules to govern the organized event.
2.6.3 Determine the necessary safety measures. 2.6.4 Request that the requirement of the Events Act, if applicable, or
other Municipal rules/bylaws are adhered to.
2.6.5 The Board shall only grant permission if the organizers indemnify the Association against any damage to property of the Association, and/or members from injury of whatever nature which may occur during or as a consequence of such organized event. The organizers of an event shall ensure that they take out public liability to cover for any damage or injury that may occur as result of the event.
2.7 Previous indulgences with regards to rules: All previously granted
indulgences with regards to these or the old rules will seize immediately on the date the new rules are enforceable.
2.8 Any member who wants an indulgence with regards to the rules shall
make a written application to the Board. The Board acknowledges that each matter has its own merits, but will ensure as far as possible to be consistent in their approach.
2.9 The Board will consider all factors and will be cautious not to allow or
create a precedent by allowing an indulgence, be biased and avoid a conflict of interest and will act within the boundaries of its authority.
3. DEFINITIONS OF TERMS Arthur Fennel Park Erf 967 — donated by the liquidators to the MMHOA for
recreational purposes and cannot be sold or developed for residential purposes.
Carenage Area zoned as “MARINA CENTRE” erf 1344. Craft Includes all watercraft (boats, kayaks, etc.) that makes use
of the water. Common Areas Any erf zoned as public or private open space within the
Marina, and includes:
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� all areas classified as road reserves; � all waterways; � all boat and trailer parking areas; � all slipways; � all moorings and jetties not part of a member’s property; � all other erven registered in the name of the Association
irrespective of the Zoning; and � Erf 967 (Arthur Fennell Park).
Commercial Small Vessel A small vessel that is not a pleasure vessel. Contractor(s) All persons or entities providing a service of whatever nature
to any member of the Association, any resident within the Marina or the Association itself.
Designated Area Big area of water in the Marina known as the lake, excluding
the canals. DRC Committee A Design & Review committee appointed by the Board of
Directors as a sub-committee of the Board in terms of paragraph 72 of the Act.
Hotel Erf 926, erf 1021 and erf 1109 with hotel rights inside the
Marina.
Marina The residential scheme known as Marina Martinique
constructed on erf 856, Aston Bay, in the Kouga
Municipality, including the common property and
waterways, and all erven and properties contained therein;
Marina Manager A person appointed by the Board to be the overall coordinator of the Marina Management.
Member A member holding membership in the Mar ina
Mar t i n ique Home Owners ’ Association, either an
individual (member or spouse of such member) or a legal
entity by virtue of ownership of any dwelling unit or erf
within the Marina.
MMHOA The management body of the Marina (including any employee of the MMHOA that exercises authority or carries out the duty delegated to such person by the MMHOA).
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Owner Any person or legal entity that is also a member of the
Association and is responsible for the payment of levies
and all service and other charges to the MMHOA.
Passenger Vessel A vessel that carries more than 12 passengers.
Pleasure Vessel A vessel that is used solely for sport or recreation.
Port As a boating term, the left hand side when looking forward. Power-driven In relation to a vessel, means propelled primarily by
mechanical means. Regulating Authority The person, body or authority having jurisdiction over the
shore or inland waters concerned.
Residential Area An enclosed area of the Marina for use by residents. Sailing vessel A vessel provided with sufficient sail area for navigation
under sail alone whether or not fitted with mechanical means of propulsion.
Security Area Comprising the entire Marina precinct.
Security Officer Any security officer, “water police officer”, marina manager or any other person specifically employed by the MMHOA to be responsible for the general security of the MMHOA and/or the enforcement of the rules and regulations of the MMHOA.
Skipper The master. Starboard As a boating term, the right hand side when looking forward. Underway In relation to a vessel, means that the vessel is in motion. Vessel A craft punt, hydro bike or raft propelled by oars, poles, sails
or mechanical power, and which is used to transport people.
Visitor Any person visiting the owner, including any member, spouse, labourer, contractor or other persons who enter the Marina with his permission or who he has authorized to enter.
Waterskiing The towing of a person on a waterski, surfboard, water
sleigh or any such object, including a parasail.
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4. ENFORCING OF RULES POLICY/COMPLAINTS:
4.1 All members are requested to respect his or her neighbours and/or fellow members of the Marina.
4.2 Should any person have a complaint that the rules are not adhered to by
an individual it must be reported immediately to Security at one of the gates. Gate 1: Tel: 042 2920 812 Gate 2 Tel: 042 2920 327.
4.3 Security will investigate the matter and if they cannot resolve the matter it
will be referred to the Marina Manager or an elected member of the Board.
4.4 If the transgression of a rule proceeds in the presence of the Security Officer, the officer may immediately issue a fine/warning to the owner/transgressor.
4.5 If the transgression of a rule did not take place in the presence of the
Security Officer, the complainant must provide the officer with a written report with regard to his/her observation in order for the matter to be investigated by the officer/Marina Manager. If no such written report (duly signed by the complainant) is received, the officer will not be able to act.
4.6 If the transgression occurred in the presence of the Security Officer or he
received a written, signed report, the officer may, at his or the Marina Manager’s discretion, issue a Notice of a Penalty/Warning to the transgressor.
4.7 If the matter cannot be resolved immediately, the Security Officer will
approach the Marina Manager to investigate the matter. The Board will report to the complainant how the matter was resolved.
4.8 Complainants may also complete the Complaints/Compliments Register at
the reception and the entrance gates of the Marina. The Marina Manager will investigate and report the result to the Board and the complainant. (The onus rests on the complainant to produce evidence to support his complaint.)
4.9 Should the Security Officer issue a Notice of a Penalty, the original will be
handed to the owner/transgressor and a copy will be handed to the Marina Manager who will forward it after 7 days (the time frame in which the transgressor has time to make representations to the Marina Manager) to the account section to debit the account of the owner.
4.10 The said penalty may be paid before the pay date into the mentioned bank
account details provided on the notice. If no payment or representation
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was received before the date of payment, the account of the owner will be debited the month following the date of payment as above.
4.11 Representation: If the transgressor/owner wishes to make a
representation with regards to the penalty, he/she may make a written
representation to the Marina Manager (who will forward it to the Board),
within 7 days of the date of the transgression to the following address: The
Marina Manager (MMHOA), PO Box 170, Jeffreysbay, 6330. Email:
4.12 If, in terms of par. 9.6 of the Memorandum of Incorporation, any member
disputes that he or any of his tenants, occupiers, guests, employees,
agents or invitees have committed a breach of any of the rules, a
committee of 3 Directors appointed by the chairperson for the purpose
shall adjudicate upon the issue at any time and in such manner and
according to such procedure (provided that the principles of natural
justice shall be observed) as the chairperson may direct.
4.13 The Marina Manager, in consultation with the board, will have the authority
to change the penalty to a warning, decrease the fine or make any other
ruling the Board deems to be proper and fair. The ruling of the chairperson
will be final and be binding on the owner.
4.14 This procedure however does not prevent the MMHOA to issue a notice to
an owner to discontinue with the violation and/to remedy the violation
before a certain date.
4.15 The payment of a fine does not relieve the violator of the obligation to correct the violation.
4.16 If the MMHOA incurs expenses to correct the violation, these expenses
will be applied to the offending unit owner on an attorney own client basis.
4.17 If the owner wishes to transfer the unit, a levy clearance certificate will not be issued so that the owner will be unable to transfer the unit unless the fine and all associated expenses are paid or secured.
4.18 A member that has outstanding fines will not be in good standing as
defined by the MOI.
5. POWERS OF THE SECURITY OFFICERS: 5.1 All Security Officers appointed by the MMHOA have free access to all
public areas and water of the Marina.
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5.2 Security Officers may not be hindered in the carrying out of their respon-
sibilities.
5.3 Security Officers will have power of arrest as contained in the Criminal Procedure Act 51/1977.
5.4 All Security Officers are herewith empowered to issue Notices of Penalties
(fines) and/or warnings in the attached format.
5.5 All persons entering the area of the MMHOA shall when requested by a Security Officer, provide the following information to the officer: name, surname, ID, address (outside Marina), address (inside Marina), and state his relationship with the owner/member of the Marina he is visiting, as well as the reason for wanting to enter the Marina).
5.6 Any person who wants to enter the Marina must give the above
information to the Security Officer on request.
5.7 Any person who refuses to give the information on request may be refused access to the Marina.
5.8 Any person found inside the Marina without providing the information upon
request to a Security Officer will be considered to be trespassing. The officer will report the matter to the SAPS and lay a criminal charge of trespassing.
5.9 The trespasser may be prohibited to enter the Marina again.
5.10 Any Security Officer may
5.10.1 board and inspect any craft to ascertain whether the craft meets the requirements of the regulations;
5.10.2 require the owner of any craft to produce its registration
certificate;
5.10.3 confiscate any document for registration produced to him which seems to be invalid, unlawfully altered, marred or used; and upon confiscation of such a document shall provide a receipt for it to the person involved;
5.10.4 require from the operator of any craft his/her name and
address or any other information necessary for identification;
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5.10.5 require any person to produce objects or articles required with regard to his craft stipulated in these regulations;
5.10.6 seize any such object produced to him which he may
consider to be evidence of an offence committed or an evasion of a stipulation of the regulations;
5.10.7 require of any person in any boat or at any time at any other
place his/her name and address or any identification particulars or any information that could identify the owner or operator of a boat; and
5.10.8 (included in the previous point) require of any boat operator
to stop the boat and further: may board any boat to inspect its contents; may ascertain the power and length of the boat; may temporarily prohibit the operator from further operating the craft should the operator seem at that moment unfit to do so because of his physical or mental condition, and may arrange for the craft to be removed and kept in a safe place; require of any person to produce his/her particulars of identification should he suspect the individual of contravention of the regulations or in a position to give evidence of such a transgression of the rules; demand of any person contravening the regulations to remove their boat and accessories from the Marina.
6. OCCUPATION:
6.1 The registered owner, in the case of a single residential plot, and the Body Corporate, in the case of medium or high density erf or hotel erf, remain at all times the responsible parties for the behaviour and actions of family members, visitors, tenants or occupants.
6.2 The maximum number of persons permitted per home unit is two per
bedroom, plus two additional persons. Thus, in the case of a three-bedroom unit, the number of occupants may not exceed eight persons.
6.3 All responsible parties are to ensure that all home units, gardens, vehicles
and watercraft are kept in an acceptable condition. Wendy houses and tool sheds will only be allowed by Board approval. These Wendy houses may not be in full view from the canals.
6.4 Vehicles, trailers, boats, and caravans may under no circumstances be
parked on common areas as defined or planted grass or on any vacant undeveloped erf, unless he has written consent from the owner.
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6.5 In the case of single residential units, a limitation of three vehicles per erf is imposed, whereas for medium and high density units, the number of vehicles permitted is equal to 1.5 times the number of living units.
6.6 No major repairs are to be carried out on vehicles in the residential area
and motor, trailer and boat wrecks are definitely not allowed.
6.7 No business may be transacted from a single residential or medium or high density erf without written permission from the Marina Manager, ratified by the Board of Directors. The written permission may impose certain restrictions and may be withdrawn at any time.
6.8 Owners of erven on the canal front are not restricted with regard to the
number of boats moored against their erf, provided that the combined lengths of boats (lengthwise) do not exceed two thirds of the length of the canal fronts.
6.9 Individual owners may construct their own jetties with written permission
from the Marina Manager according to acceptable standards and plans laid down by the DRC.
6.10 It must be stressed that people swimming in the canals do so at their own
risk.
6.11 The volume of music or electronic instruments, partying and the activities of domestic help, motor vehicles, motorbikes, starting of motorboat engines outside of water (flushing) should be kept at a level so as not to create a nuisance to neighbours. No loud music shall be allowed between 22:00 and 08:00 during weekdays and from 23:00 to 09:00 on weekends and Public Holidays.
6.12 The Dog Policy is based on the guidelines of the Provincial Gazette of
28/02/2007 and approved by the AGM on 23/12/2011. Dogs are not allowed to roam freely and must be on a leash in the Marina boundaries.
6.13 Owners of dogs are responsible for cleaning up after their animals.
6.14 When not on a leash, dogs must be confined to within the boundaries of
their properties. As from 01/01/2012 only two dogs per household are allowed and no current third dog may be replaced with another.
6.15 Tenants are not allowed to have dogs.
Annual permit fees for dogs: R150.00 per dog for 1st two dogs.
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R5000 for 3rd dog or more for owners who had 3 or more dogs before 01/01/2012. (No new permits for 3 or more dogs to be issued after 01/01/2012)
7. TRAFFIC REGULATIONS:
7.1 The general speed limit for all class of vehicles, bikes, quads, motor-
cycles, scooters, etc. (whether private or not, including those of Contractors) is strictly 30 km/h. (In the absence of electronic equipment to measure the speed, the opinion of any Security Officer that the speed limit was transgressed will be sufficient proof on a balance of probabilities of over speeding). The transgressor may make a representation as mentioned supra.
7.2 Pedestrians are to be taken into special consideration since certain
roadways are also walkways. Pedestrians always have the right of way. 7.3 The roads in the Marina are private roads and not public roads. The
Sections of the National Road Traffic Act 93 of 1996 (as amended) pertaining to the licensing of motor vehicles/motorbikes and the licensing of drivers will be applicable on all roads of the Marina as if it is a public road. This includes the wearing of helmets.
7.4 The use of motorcycles or other vehicles with noisy systems (to the sole
discretion of a Security Officer) is prohibited on the Marina. 7.5 Any damage done by a vehicle to the roads or curbing will be paid for by
the homeowner to whom such delivery was made whether ordered by the homeowner or by his builder or any employee or contractor working for such homeowner. If owner fails to pay for damages, the Marina may institute civil proceedings in a court of law to pay for damages. The owner will accept liability for cost on an attorney own client basis.
7.6 All road signs must be obeyed. 7.7 The Board may make use of electronic/photographic equipment to
measure speed or other transgressions.
8. POLLUTION AND DUMPING OF REFUSE:
8.1 Due to the exclusive nature of the Marina and the sensitivity of the water to pollution, it is incumbent upon the individual to prevent pollution.
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8.2 It is therefore to be regarded as the duty of each individual to monitor the
behaviour of others and to bring any misdemeanors to the attention of the Security/Marina Manager.
8.3 Inorganic chemicals, fertilizers, and pesticides are prohibited and if
necessary should only be used after informing the Marina Manager and then only under strictly controlled conditions.
8.4 All persons are to ensure that refuse are put out on the allocated places to
be collected on Mondays and Thursdays (or as changed). 8.5 Special care must be taken to ensure that refuse are secure and do not
blow away by the wind and cause littering on the Marina and in the water. 9. POLLUTION OF CANALS:
9.1 The water and the water quality is one of the greatest assets of the Marina.
9.2 In spite of the fact that water in the canals is regularly circulated, the
Marina is considered a closed body of water and the purifying action of waves and currents does not take place.
9.3 Pollution is to be avoided at all costs out of both ecological and aesthetic
considerations. Severe measures will be taken against offenders in this regard.
9.4 Inboard motors may not be serviced on the water and the vessel must be
removed from the water. 9.5 Outboard motors may under no circumstance be serviced in the water.
This also applies to major repairs. 9.6 Refueling on the water should be done with great care to avoid pollution. 9.7 Sanding of boats or washing with soap or detergents in the water are
strictly forbidden. 9.8 Chemicals used in the repair of boats must not be handled anywhere near
the water’s edge. 9.9 No drain may go directly into the water of the canals. This includes outside
taps as chemicals being washed away will end up in the canals. The DRC will ensure frequent inspections of inlets into the canals.
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9.10 Rainwater from the gutters must, if possible, be directed to go into the canals as it will ensure a proper balance of the salt in the water.
9.11 Use of toilet facilities on board: No ships heads (boat toilets) may be used
in the canals. “Porta Potties” will be allowed subject to that no spillage may take place into the water. The “Porta Potties” must be totally screened off.
9.12 The standard health regulations of the Municipality of Jeffrey’s Bay also
apply to the Marina, which falls under the jurisdiction of the town health official.
9.13 All complaints or problems must be directed in writing to the Marina
Manager who will either attend to it himself or pass it on the health official.
9.14 The actions by any resident or visitor that results in a health hazard are punishable in terms of the above stipulations and in terms of the general statutory legislation.
10. SECURITY:
10.1 GENERAL:
The main purpose of security regulations is to ensure safety, prevention of crime and to control access and maintain general order. The Board will approve a security policy (that might change from time to time), that will be adhered to by the security personnel and members. Unless the security policy determines otherwise, the following will be adhered to.
10.2 VEHICLES:
10.2.1 The challenge is to ensure that homeowners enter the area
of the Marina without any unnecessary delay and security checks, without compromising security.
10.2.2 Vehicles of homeowners will be issued with discs allowing
free access to the Marina. The disks may be changed from time to time. Two discs are issued per single residential unit when the necessary details of the relevant vehicles are given. The discs must be displayed on the right front windscreen at all times.
10.2.3 Visitors will not be allowed into the Marina without linking the
visitor to an owner/member of the Marina. The owner/member must grant permission for the visitor to enter the Marina.
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10.2.4 There are currently the following access gates to the Marina:
gate 1, gate 2 and the contractors’ gate adjacent to gate 2. 10.2.5 Members may enter and exit only through gate 1 and gate 2. 10.2.6 The contractors’ gate is for Contractors and visitors only. A
visitors’ register will be completed for every visiting vehicle entering the Marina, indicating such information needed and the reason for the visit.
10.2.7 Contractors may only exit at gate 2. 10.2.8 Members must open these gates by using the tags issued to
them. The guard may open the gate for a member if the member forgot his tag. The gate will not be opened if a member abuses this privilege.
10.2.9 Long term tenants will be issued with a tag but short
term/weekend tenants must sign in. 10.2.10 No visitor under the influence of liquor or drugs will be
allowed to enter the Marina. 10.2.11 The owner/member must grant permission for visitors to
enter. 10.2.12 No vehicle is allowed to tailgate another vehicle to gain
entrance thus skipping the security check. No vehicle entering the gate first may allow another vehicle to tailgate. Vehicle must stop and wait for gate to close.
10.2.13 Temporary permits will be issued to all visitors and must be
visible at all times from outside the vehicle. 10.2.14 Contract workers must register by producing their ID
cards/documentation. 10.2.15 All contract workers will enter and exit the gates on foot. 10.2.16 Contract workers must be conveyed by their Contractor to
and from the building sites. No contract worker will be allowed to roam the area of the Marina.
10.2.17 Domestic and garden workers will be issued with a special
permit with prior consent from his/her employer. The workers
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must wear an approved jacket with proper identification as approved from time to time.
10.2.18 The Security Manager will be at the gate from 07:00 until
most Contractors had entered to ensure the rules are strictly applied to.
10.3 VISITORS:
10.3.1 No person will be allowed to visit the Marina without the permission of an owner/member/Marina Manager/Security Officer.
10.3.2 Right of admission will be reserved and a notice to the effect
will be displayed at each entrance. 10.3.3 All visitors must report at the security office at one of the
entrances. 10.3.4 Temporary permits (that may change from time to time) as
determined by Security will be issued to all visitors. 10.3.5 No person will be allowed to enter the Marina to view houses
for sale without being accompanied by the owner/registered estate agent. No “open house” for the purpose of selling will be allowed.
10.3.6 No visitors will be allowed to enter the Marina with any
animal.
10.4 TENANTS:
10.4.1 All registered owners are responsible for the actions and/or behaviour of their tenants.
10.4.2 All damages by or penalties for unacceptable behaviour of
the tenants will be for the account of the owners. 10.4.3 Owners are advised to incorporate a copy of the conduct
rules as an annexure to their lease contracts. Guesthouses are advised to display the conduct rules at prominent places for all visitors/guests.
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10.4.4 Tenants/letting agents/registered guesthouses: Owners must give notice in advance of the names of their tenants as well as the registration numbers of their vehicles.
10.4.5 Temporary permits will also be issued to tenants. 10.4.6 Domestic workers and gardeners: A special permit will be
issued for their contract period, again with prior written consent. They must be informed by their employers regarding the rules of the MMHOA, especially the use of toilets, littering and pollution, using roads and paths, chemical fertilizers, pesticides and herbicides.
10.4.7 No unauthorized persons are allowed onto building sites
under construction. Building sites are in fact private properties and as such it will be deemed to be trespassing unless prior permission has been obtained from the owner/building Contractor.
10.4.8 Tenants are not allowed to have animals in the Marina.
11. FISHING:
11.1 The Marine life in the canals of the Marina is very sensitive; therefore it is imperative that any misdemeanor be reported immediately.
11.2. The MMHOA do not stock the canals with fish.
11.3 All acts and regulations applicable to fishing in inland waters are
applicable.
11.4 Any person angling in the Marina must be licensed to do so as required by law.
11.5 No fishing allowed from any bridge over the canals.
11.6 No one shall cause fishing line to be an obstruction in any canal.
Fishing lines must be removed on the approaching of boats.
11.7 No one shall leave fishing line in the canals unattended. Unattended lines may be removed by management.
11.8 No member, owner, visitor or tenant shall fish from the canal wall unless
it is from his own property or the property from which he has obtained the owner’s consent. Any person of a Body Corporate may fish from any
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common property of that specific Body Corporate. Any member, owner, visitor or tenant may fish from common property of the Marina.
11.9 No fishing will be allowed from any boat or vessel.
11.10 Netting of fish (whether with nets or dragnets) is prohibited.
11.11 Fishing in the Marina should be viewed as an enjoyable experience and
therefore the motto must be “catch and release”.
11.12 No drawing of prawns or the collecting of bait will be allowed.
11.13 In order to protect marine life in the Marina, fishing may be banned from time to time and restrictions by the Board may be imposed on fishing with regard to species and minimum size. “Fishing prohibited” spots may also be identified by the Board.
12. SPECIAL RULES: THE CARENAGE
12.1 The lessee will assume responsibility for all visitors, Contractors or other persons to the Carenage area.
12.2 The lessee must, at his cost, ensure proper security inside the leased
property/area.
12.3 All damages by or penalties for behaviour of the visitors, Contractors or other persons visiting will be for the account of the lessee.
12.4 All rules (as amended from time to time) that are applicable to the Marina
will be applicable to the Carenage area.
12.5 No visitors will be allowed to roam around outside the designated area.
12.6 No vehicle will be allowed to move outside the designated area of the Carenage.
12.7 No fishing will be allowed from the Carenage.
12.8 No swimmer may move out of the designated area for the Carenage.
12.9 No person may enter the rest of the Marina area through the Carenage,
through swimming, walking, by car, boat or otherwise.
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12.10 No boat may enter the gate of the Carenage area other than the possible designated area as per contract. No boat or vessel may leave the designated water area of the Carenage.
12.11 The non-adherence to the rules and regulations may lead to the summary
termination of the lease contract as stipulated in the lease contract.
12.12 The lease contract with the lessee must include the abovementioned rules and the consequences of non-compliance with it.
12.13 Any existing contract with the current lessee, which does not include these
rules, will be revisited at the expiry of the current contract term to include these rules.
12.14 The current lease contract terms will be honoured by the MMHOA and the
lessee. The current lessee will however be motivated to adhere to the above rules.
13. REGULATIONS FOR CRAFT IN THE CANALS:
13.1 The Marina is considered to be “inland waters” as described in the Merchant Shipping Act, 57 of 1951 (herein after called the Act), as amended.
13.2 All acts and regulations applicable to inland waters pertaining to craft are
applicable to the Marina.
13.3 In the event of any conflict in the rules the Act and Regulations will supersede.
13.4 All craft entering the Marina must be registered with the MMHOA and an
annual fee will be payable. The Marina Manager must keep record of all craft using the Marina.
13.5 All registered craft will receive a number/sticker that must at all times be
clearly visible on the craft.
13.6 The requirements to register a specific craft at the Marina will be as follows:
13.6.1 FIRST CATEGORY:
13.6.1.1 All canoes, kayaks, small inflatable boats, power-
driven craft of 15 HP or less resort under this description.
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13.6.1.2 No further requirements needed in order to register
the craft at the Marina.
13.6.2 SECOND CATEGORY:
13.6.2.1 Power-driven craft of more than 15 HP resort under this category.
13.6.2.2 Skipper must have at least a Category “R” (restricted)
(specific inland waters) Skippers License. 13.6.2.3 Must have a Certificate of Buoyancy issued by the
relevant authority. 13.6.2.4 Must have an approved marking issued by the
relevant Authority. 13.6.2.5 Must have a Certificate of Fitness of Skipper issued
by the relevant Authority. 13.6.2.6 Must be fitted with a fire extinguisher. 13.6.2.7 Enquiries to obtain above can be made to:
SAMSA Building, Carnarvon Place, Humerail, 6000, P O Box 3914, North End, Port Elizabeth, 3914 Tel: 041 585 0051/3 Fax: 041 582 1213
13.7 The Marina Manager may allow visitors, to his sole discretion, to register
their boats to be used on the Marina subject to the following:
13.7.1 All rules and regulations applicable to owners are applicable to visitors.
13.7.2 The visitor will also have to pay a minimum annual fee that is
applicable for owners. 13.7.3 The visitor must be affiliated with an owner and must submit
the particulars needed to the Security Officer. 13.7.4 The owner will accept responsibility (and penalty for non-
adherence to rules) of such a visitor.
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14. RULES FOR NAVIGATION ON THE CANALS:
14.1 Peace and tranquility are of the utmost importance on the canals and it is expected of all operators of craft to do so with the greatest circumspection.
14.2 Idle speed is to be maintained in order to produce a minimum wake.
14.3 Craft must keep to starboard (right) and pass oncoming vessel port (left)
to port (left) (opposite to road traffic). 14.4 Slow or static craft are to be passed on their port (left hand) side (opposite
to road traffic). 14.5 Power-driven craft must be extra careful in areas where swimmers may be
encountered. 14.6 Persons under 18 years of age may not operate a power-driven craft with
a total output of more than 15 HP without adult supervision. Any person of any age may operate a boat with less than 15 HP. The water police officer may however prevent a minor from operating a boat with less than 15 HP if he is of the opinion it is creating a danger for other water users.
14.7 No one shall operate a jet ski anywhere in the Marina. 14.8 Sailing at night is prohibited. Sailing is only allowed in designated area.
Sailing hours extend from first to last light. However, when craft are given permission by a Marina Manager to sail before dawn or after sunset, navigation lights must be used. Only small sailing vessels less than 7 meters are permitted.
14.9 All craft must be lit up at night i.e. navigational lights.
14.10 Powered boats are permitted to tow rubber tubes, snakes and belly boards in the canals at idle speed only, and within the lake area at an acceptable speed.
14.11 Those boats towing any device shall be registered and driven by a licensed skipper or under the supervision of a licenced skipper.
14.12 Use of the lake area at a speed faster than idle speed is limited to
between 10:00 to 17:00 daily and boat drivers will be held responsible if they ignore non-powered craft, bathers or swimmers. All boats will move anti-clockwise in the lake area.
14.13 The responsibility for the use of power boats in the canals can be compared with the use of a motor vehicle on public roads. Motor vehicles
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must always be on the lookout and consider other road users, including bicycles, children (even on the pavement), pedestrians, etc.
14.14 Powered boats must be driven at a reasonable speed at all times that will
not place the safety of any other user of the canals at risk.
14.15 Waterskiing is totally prohibited anywhere in the Marina.
14.16 Bilge pumps may only be used when a vessel is in danger of sinking.
14.17 Jet skiing, waterskiing and wakeboarding will not be permitted, unless approved during certain approved Special Events where the Board may impose certain restrictions.
14.18 No person shall use any craft (floating restaurants, places of
entertainment, shops, etc.) on the Marina for any commercial purposes without the written permission of the Board and on such conditions as imposed by the Board. The Board may revoke such permission with immediate effect should the applicant not adhere to the conditions imposed.
14.19 No one shall overload any vessel (as per transom plate or one adult per
full meter of boat).
14.20 No one shall operate any vessel without the minimum safety equipment for use in an emergency.
14.21 No one shall operate a commercial fishing boat or a houseboat.
14.22 No one shall windsurf on the canals.
14.23 All craft are to be kept in an acceptable condition.
14.24 When a boat is not in use it shall be securely moored. No boat may be
moored in a position that may endanger other boats in the Marina.
14.25 A Security Officer may impound any boat found abandoned, drifting or moored in an unauthorized position. The officer may use any means he sees fit to remove or store the boat and the owner shall bear the resultant costs.
14.26 No one may moor or anchor a boat:
- by tying it to one of the canal bridges; - in such a way as to obstruct a canal; - in such a way as to interfere with any activity sanctioned by the
MMHOA in the case of an organized event.
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14.27 INTOXICATING BEVERAGES AND DRUGS:
14.27.1 Any person negotiating the canals or lake with a power-
driven vessel
14.27.2 while under the influence of any intoxicating or illegal substance
OR
14.27.3 while the breath alcohol content is not less than 0.24mg per 1,000ml, or a blood alcohol limit of any part of the body is not less than 0.05g per 100ml, taken within two hours of the transgression, is guilty of a criminal offence and if convicted a fine or imprisonment for a period not exceeding 12 months can be implemented (Section 17(3) of the Regulations of the Merchant Shipping Act 57 of 1951).
14.27.4 Security is empowered to request any skipper who he
suspects to be under the influence of liquor to undertake a breath test.
14.27.5 The reading of any calibrated breath analyzer used by
Security (or water police) will be conclusive proof of the transgression of this section on a balance of probabilities.
14.27.6 Any person who does not want to take the breath analyzer
test or prevent the Security Officer (or water police) to take the breath analyzer test will be considered to transgress this section and will be considered to be interfering with the duties of a Security Officer (or water police).
14.27.7 The Security Officer may, if necessary, report the skipper
and hand him over to the South African Police to process a criminal charge as mentioned supra.
14.27.8 The Security Officer may demand the suspected person to
immediately remove his craft from the water area and issue him with a Notice of Penalty.
(NOTE: 0.24mg per 1,000ml breath/alcohol is more or less (depending on
a few other factors) almost: equal to two thirds of a beer or spirit cooler
with 5% alcohol content, or for those who drink wine, 75ml of red or white
26
wine per hour with an alcohol content of 12% to 14%, or whisky and
brandy connoisseurs can drink up to one 25ml tot of alcohol per hour).
15. PROTECTION OF THE CLAY SEALING LAYER ON THE BOTTOM OF THE
CANALS: 15.1 The fact that the canals are at an average height of three meters above
sea level necessitated the sealing of the bottom of the canals to prevent leakage. For this reason a layer of clay, 225mm thick, has been laid at the bottom of the canals and covered with sand, 100mm thick. A cross section of the canals in Phase I show that a canal can be divided into four quarters. The first quarter on both sides comprises a sloping plane that is at its shallowest against the canal wall 900mm deep and at its deepest 2200mm. The middle two quarters, representing half of the canal, is the level bottom which has a depth again of 2200mm. The Phase II canals have a maximum of 1100mm depth. It is therefore essential that damage to the canal sealant is avoided.
15.2 Under no circumstances may anchors be used in the canals.
15.3 No object of any kind may be driven into the bottom of the canals,
including oars or poles. 15.4 No drawing of prawns or the collecting of bait will be allowed.
16. GENERAL RULES:
16.1 The central irrigation system is the property of the MMHOA and only its employees may operate the system.
16.2 The lighting of fireworks is specifically outlawed in line with the
Municipality’s regulations. The use of Chinese lanterns is also prohibited as it poses a huge fire risk to the Marina.
16.3 The firing of any firearm without good reason is not allowed. Criminal
charges may also be laid with the SAPS.
16.4 No one may cut, climb over or tamper with the security fencing.
16.5 No person may jump from any bridge into the canals.
16.6 No plant, animal or wildlife may be removed from the Marina without permission.
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16.7 No person is allowed, without permission, to cut, damage, and destroy any
plant or tree at the Marina.
16.8 No killing of any animal at the Marina: poaching, killing, injuring, persecution and disturbance of animals are strictly prohibited.
16.9 No person shall use abusive language, behave indecently or be clothed
indecently.
16.10 No person shall deliberately act offensively or in a manner which annoys or hinders other persons, be a public nuisance or disturb the peace.
16.11 No person shall interfere with the duties of Security Officers under any
circumstances.
16.12 No person shall give the guards instructions or coerce them to do personal errands or favours.
16.13 The guardhouse is strictly off-limits to members/owners.
16.14 No personal confrontation with the Security Officers will be allowed. All
complaints against any Security Officer must be brought to the attention of the Marina Manager.
16.15 No slaughtering of any animal for religious or any other purpose will be
allowed. 17. FINES:
DESCRIPTION 1st OFFENSE
2nd OFFENSE
3rd OFFENSE
All transgressions not specifically mentioned hereunder:
May be determined by Board
May be determined by Board
May be determined by Board
Appalling behaviour: behave or dress indecently, use of foul and abusive language, deliberately acting offensively or in a manner which annoys or hinders other persons/be a public nuisance or disturb the peace
Warning Final warning R500.00
Boat: alcohol: using a power-
driven vessel in the canals of the
Warning and removal of boat from
R2000.00 and consider revoking of
R3000.00 and immediate revoking of
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Marina whilst breath alcohol
content is not less than 0.24mg
per 1,000ml, or a blood alcohol
limit of any part of the body is not
less than 0.05g per 100ml, taken
within two hours of the
transgression
canal
permit
permit
Boat: boats moored exceed the maximum combined length allowed (two thirds of the canal front)
Warning Final warning R300.00
Boat: entering water without being registered in terms of rules
R300.00 and removal of boat from canal
R400.00 and removal of boat from canal
R1000.00 and removal of boat from canal
Boat: fail to display registration sticker/number
R100.00 R200.00 R500.00
Boat: fail to pass right when passing other vessel
R100.00 R200.00 R500.00
Boat: Jet ski: Operating jet ski anywhere in the canals
R500.00 and immediate removal of jet ski from canal
R2000.00 and immediate removal of jet ski from canal
R4000.00 and immediate removal of jet ski from canal
Boat: not adhering to idle speed in the canals
R300.00 R500.00 R1000.00
Boat: not keeping it in an acceptable condition on the water
Warning R500.00 R1000.00
Boat: not properly moored/causing obstruction
Warning R100.00 R300.00
Boat: not securely moored or causing danger
Warning R200.00 R500.00
Boat: operating any power-driven vessel faster than no wake speed (idle speed) between the canals
Warning R500.00 R2000.00 and revoke permit plus remove boat from canal
Boat: operating boat/vessel with on board toilet with outlet in water
Final written warning
R4000.00 and immediate removal of boat and revoking of
R5000.00 and immediate removal of boat and revoking of
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permit permit Boat: operating commercial fishing boat
R2000.00 and immediate removal of boat from canal
R3000.00 and immediate removal of boat from canal
R4000.00 and immediate removal of boat from canal
Boat: operating house boat R1000.00 and immediate removal of boat from canal
R2000.00 and immediate removal of boat from canal
R3000.00 and immediate removal of boat from canal
Boat: operating without light at night
Warning R200.00 R500.00
Boat: overloading boat more than seating capacity
Warning R400.00 and consider revoking of permit
R500.00 and revoking of permit
Boat: power-driven vessel causing danger to any other vessel or swimmer to the opinion of Security Officer/Water Police
Final warning R2000.00 and consider revoking of permit
R4000.00 and consider revoking of permit
Boat: sanding/cleaning of boats/vessels in the water with any chemical or soap
Warning and seizing of chemicals and/or soap
R500.00 and seizing of chemicals and/or soap
R1000.00 and seizing of chemicals and/or soap
Boat: service or major repairs of outboard motors on the water of the canals
Warning R1000.00 and consider revoking permit
R2000.00 and consider revoking permit
Boat: servicing of inboard motors on the canal
R1000.00 R3000.00 and consider revoking of permit
R4000.00 and consider revoking of permit
Boat: Skipper: person under 18 operating power-driven vessel of higher than 15 HP without direct supervision of a licenced skipper
Warning Final warning R1000.00
Boat: speeding in lake area outside of designated hours (10:00 and 17:00)
Warning R500.00 R1000.00
Boat: using any vessel without complying with the regulations of the local authority
Warning Final warning Removal from water/revoke permit
Bridge: jumping off any bridge Final warning R2000.00 R2500.00
Business: carrying on a business in the Marina without
Warning R500.00 R1000.00
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the permission of the board Business: using any vessel on the canals for business or commercial purposes (restaurant, place of entertainment, shop) without the approval of the board)
R1000.00 R2000.00 and consider revoking of boat permit
R3000.00 and immediate revoking of boat permit
Carenage: allowing fishing R300.00 R500.00 R1000.00
Carenage: allowing vehicle to move outside designated area
R100.00 R200.00 R500.00
Carenage: allowing visitors to roam around outside designated area
R100.00 R200.00 R500.00
Carenage: boat entering R300.00 R500.00 R1000.00
Carenage: fail to exercise proper access control (gate not being closed)
R300.00 R400.00 R1000.00
Carenage: person entering the rest of the Marina through the Carenage
R100.00 R200.00 R500.00
Carenage: swimmer moving out of the designated area of the Carenage
R100.00 R200.00 R500.00
Chemicals: using inorganic chemicals, fertilizers and pesticides without permission/supervision of the Marina Manager
R2000.00 R3000.00 R4000.00
Damage clay layer: using of anchor/driving of any object/stick/oar into bottom or any action/any place in the canals that may cause damage to clay layer
Final warning R1000.00 R2000.00 and consider revoking of permit
Disturbance: causing a disturbance to other homeowners to the discretion of the Security Officer (music/noise/party/boat engines started outside of water (flushing), motor vehicles/motorbikes). Weekends and public holidays (23:00 to 09:00), weekdays (22:00 - 08:00)
Final Warning R500.00 R1000.00
Dog: disturbing Marina wildlife/other animal life (chasing of any wild animals in the Marina)
R1000.00 and consider revoking of permit
R2000.00 and consider revoking of permit
R4000.00 and consider revoking of permit
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Dog: not on leash within the boundaries of the Marina/stray dog (outside boundaries of property)
Warning R100.00 R500.00 and consider revoking of permit
Dog: owner possessing dog without permit from Marina
Warning R100.00 R500.00
Dog: swimming in canals without direct supervision of owner
R500.00 R1000.00 R2000.00
Dogs: owners not cleaning after their animals
Warning and order to clean
R100.00 and order to clean
R300.00 and order to clean
Firearm: firing of any firearm within the boundaries of the Marina without good reason to do so
R500.00 Criminal charges may also be laid with the SAPS
R1000.00 Criminal charges may also be laid with the SAPS
R1500.00 Criminal charges may also be laid with the SAPS
Fireworks: using of fireworks within the boundaries of the Marina
R500.00 R1000.00 R1500.00
Fishing: drawing of prawns: may also be fined for damaging of clay
Warning R400.00 R1000.00
Fishing: from any bridge over canals
Warning R300.00 R500.00
Fishing: from any place other than homeowner’s own part of canal or other place without permission of owner
Warning R100.00 R200.00
Fishing: from any vessel Warning R200.00 R300.00 Fishing: leaving of fishing lines unattended
Warning and removal of fishing lines /equipment
R100.00 R200.00
Fishing: making feeding ground Warning R100.00 R200.00
Fishing: netting of any fish Warning R200.00 R300.00
Fishing: not releasing fish again unharmed
R100.00 R200.00 R500.00
Fishing: without permit as required by law. (Criminal charge to be laid with the SAPS/Nature Conservation for fine)
Warning Criminal charge
Criminal charge
Irrigation system of Marina: interferes with
Warning R500.00 R1000.00
Jet ski: being operated anywhere in the Marina
R1000.00 and immediate removal
R2000.00 and immediate removal
R3000.00 and immediate removal
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Littering: anywhere (except canal)
Warning R200.00 R300.00
Littering: throwing of any object in the water of the canals
Warning R1000.00 R2000.00
Motorcycle: driving without helmet as required by law
Warning R100.00 R200.00
Noise: motor vehicle/motorcycle causing excessive noise to the opinion of the Security Officer
Warning R100.00 R200.00
Occupation: exceeding the amount of persons allowed per unit (amount of bedrooms plus two): per person
Warning R500.00 p/p R1000.00 p/p
Occupation: homeowners to register names/vehicles of tenants
Warning R200.00 R500.00
Parking: vehicles/boats/trailers/caravans parked on common area
Warning R100.00 R300.00
Parking: vehicles parked on grass areas
Warning R100.00 R300.00
Refuse R 500.00 R750.00 R1000.00
Repairs: major repairs on boats/cars and/or allowing motor/boat wrecks at the Marina
Warning R500.00 R800.00
Sale of House: open house for selling
R1000.00 R2000.00 R3000.00
Security: interfering with the duties of the Security Officers/ Water Police
R1000.00 R1500.00 R2000.00
Security: tampering with or climbing over the security fencing/interfering with any security system
R1000.00 R2000.00 R3000.00
Slaughtering of animals in the Marina for religious or other purposes
R2000.00 R3000.00 R4000.00
Speeding: on any road or parking area within the Marina. (30 km/h or to the opinion of any Security Officer)
Warning R500.00 R1000.00
Swimming: endangering own life/the life of any other person (approaching boats while engine idle)
Warning R300.00 R500.00
Tailgating vehicle: vehicle R100.00 R200.00 R300.00
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tailgating another vehicle to gain access without going through the security check as prescribed and/or front vehicle allowing tailgating of another vehicle (not stopping and allowing gate to close)
Trespassing: on the private property/building site of any person without the permission of the owner/builder.
Final warning R200.00 R500.00
Water skiing: prohibited R500.00 R1000.00 R2000.00
Wildlife: interfere, chase or endanger wild animals
R1000.00 R1500.00 R2000.00
Windsurfing: prohibited R100.00 R200.00 R500.00
