FALSE BAY YACHT CLUB
BY-LAWS PROMULGATED BY THE GENERAL COMMITTEE IN TERMS OF
CLAUSE 10.4 OF THE CLUB CONSTITUTION
Definitions:
FBYC False Bay Yacht Club
STMC Simon’s Town Marina Company
SAMSA South African Maritime & Safety Association
SAS South African Sailing
CoF Refers to Certificate of Fitness as required by SAMSA, SAS & FBYC
CoF Disc A disc issued by FBYC office endorsed with vessel name, Reg. No. & date of expiry.
SOP Standard Operating Procedures
General Committee Refers to the General Committee of FBYC
Board Refers to the STMC Board
Town Jetty The Public Jetty at the end of Wharf Street, Simon’s Town
1. Safety at Sea
a. Safety Committee
i. The General Committee shall appoint suitably qualified members of a Safety Committee who shall be entitled to inspect every vessel making use of club facilities at any reasonable time. They shall work in conjunction with SAMSA and SAS in inspecting vessels for certification.
ii. This Committee shall maintain a Register of all qualified Club Skippers with details of certification.
iii. They shall also maintain a Register of all craft operating out of the club, detailing their last date of CoF and full details of the vessel, including providing proof of ownership and insurance cover.
iv. This Committee (or its appointees) have the power to restrict/prevent any vessel not in possession of a current CoF from launching, occupying a mooring or going to sea.
v. Should this Committee find any person in wilful breach of these regulations, they shall have the power to report them to the General Committee, who may invoke their powers in terms of Clause 13 of the Club Constitution.
2. Certificate of Fitness
a. All vessels launching, moored or proceeding to sea from the club facilities shall be in possession of a current CoF.
i. Certificates must be lodged with the Club Reception Office, which will issue a corresponding CoF disc, stating the name or registration number of the vessel and the date of expiry of the current CoF.
ii. This disc must be visibly displayed on the starboard side of the vessel.
3. General Safety and Pollution Control
a. No vessel shall launch from a club slipway, moor in a marina or on a swing mooring or proceed to sea unless the skipper and vessel are suitably certificated and insured.
b. All skippers must sign out their vessels on the form provided at the security gate and sign them back in again on return.
c. Skippers shipping out of the bay must file a voyage plan with the marina office the day before, detailing:
i. Next Port of Call with ETA
ii. Intended route thereafter
iii. Crew names and details
iv. Emergency next of kin details
d. The onus will always rest upon the skipper of any craft wishing to go to sea, to judge his competence in relation to the vessel concerned and the conditions prevailing at any particular time.
e. Should an owner or skipper not be suitably qualified, he shall appoint a suitably qualified person to take responsibility for the handling of his vessel when going to sea.
f. Fuel may only be transported over club property or the marina in regulation, tightly sealed containers.
g. No black water, fuels or oils may be discharged into the sea in the marina or swing mooring area.
h. On request and for a set fee, STMC can pump out on-board sewerage tanks, oil and fuel tanks and bilges.
i. No form of rubbish may be dumped into the water or on the club premises.
j. There shall be no cleaning of fish anywhere within the FBYC or STMC areas of control.
k. No commercial fish catches may be off-loaded on club premises.
l. When off-loading fish from boats and loading up on vehicles, fishing members must ensure that all traces of blood and debris is rinsed from the docks, pathways, slipway and trolleys.
4. Vessels moored in the Naval Port area allocated to the FBYC are subject to the following conditions:
a. The areas are:
i. Privately owned marina moorings
ii. STMC owned marina moorings
iii. Visitors dock
iv. Working dock
v. Swing mooring area
vi. The designated anchor area
b. Vessels are moored entirely at owner’s risk and the owner shall be solely responsible for:
i. The safety and certification of the vessel.
ii. Any damage proved to be caused by the vessel to any other vessel or persons.
iii. Any salvage or proven salvage claim.
5. Access
a. FBYC members in good standing are supplied with an access disc or card to operate the electronic releases of the gates restricting access at the main gate, main marina and Z marina. Such access devices are not transferable and breaches will be regarded in a serious light. Membership cards must be produced on request.
b. Visitors to the club shall be signed in by a member and the conduct of such visitor shall at all times be the responsibility of the signing member whilst on club premises.
c. A non-member / visitor may be signed in by a Member not more than 12 (twelve) times per financial year.
d. Access criteria applicable to FBYC and STMC premises for Day Visitors, Temporary Members, Reciprocity Visitors, On Site Contractors, Outside Contractors, and the use of such premises for functions are stipulated in the FBYC SOP’s, available from the General Manager.
6. Marina
a. The marina situated at FBYC is managed and controlled by the STMC, the responsible person being the Marina Manager.
b. A standard marina owner’s agreement must be entered into with STMC and shall be binding on all owners. Copies to be lodged with STMC.
c. A standard marina tenant’s agreement must be entered into between any tenant and the owner/STMC. Copies to be lodged with STMC.
d. Requirements for mooring a vessel are detailed in the marina owners and tenants agreements.
7. Working Dock
a. This is a section of the marina preferentially reserved for the daily use of members, under STMC control.
b. Use is restricted to the following:
i. Members without their own marinas to come alongside to embark or disembark.
ii. Daily mooring of vessels that require access for maintenance or repair.
iii. Overnight mooring of reciprocity visitors from GBYC when space is
available.
8. Visitors Dock
a. This is a section of the marina owned by STMC and preferentially reserved for the use of visiting yachts passing along our coast. Mooring fees will be charged according to the current tariff.
9. Swing Moorings
a. No member of the club shall acquire, lay, move or remove a swing mooring in the Simon’s Town Naval Port without the prior approval of the committee and then on such conditions as the Committee may impose.
b. These are under the control of STMC and a standard swing mooring agreement must be entered into with STMC and shall be binding on all owners.
c. Owners wishing to lease out their swing moorings may do so via STMC.
10. Anchor Area
a. Vessels may anchor in the roadstead outside the mooring area bounded by the following co-ordinates:
i. 34º10.92’S – 18º25.67’E
ii. 34º11.23’S – 18º25.67E
iii. 34º11.23’S – 18º25.87Eb. The navy must be informed via VHF ch 17 that the vessel has anchored.
c. The STMC must be informed by the skipper at the first available opportunity at which the vessels details, crew list and voyage plan must be furnished and a liability waiver is signed.
11. Live-aboard Regulations
a. FBYC Members in Good Standing:
i. May stay aboard their own vessels for up to a week without approval.
ii. Who wish to move on board their own vessel for longer periods must seek approval from FBYC Management for live-aboard status. An application should be emailed to ad***@fb**.za or delivered to the Club Reception, prior to moving on board.
iii. Approval will only be granted where the applicant is in the process of preparing his/her vessel for departure and an approximate date of departure within twelve months must be provided upfront. This approval will not be unreasonably withheld.
iv. The General Committee, with good reason, has the right to decline a live-aboard application The Committee may also place a limit on the number of live-aboard vessels and reserves the right to limit the number of people living on board
v. The live-aboard rates structure is determined by the General Committee and the relevant rate will be charged from the first day aboard. Non payment of live aboard fees will result in an additional admin fee being charged.
vi. Approval, where granted, will be subject to review every six months by FBYC Management and ratified by the Commodore. This review will include an update and progress report of the original departure date.
vii. If the departure date is not adhered to without good reason, the General Committee may escalate the rate being charged at the time (and which may further escalate at every review period), or the member may be requested to vacate the vessel.
viii. All vessels must be in possession of a safety certificate and relevant insurance, as per Sections 1 & 2 of the By-Laws. In addition, the mooring/marina is to be kept clear of all obstacles and vessels should be able to manoeuvre under own power at any given time. If the vessel does not comply with the above, the live-aboard status will be rescinded.
ix. See Section 17 of the By-Laws for the regulations pertaining to pets.
b. Local & International Visitors (Temporary Members):
i. May live aboard their vessel for up to three months. Thereafter, an application must be made to FBYC and STMC Management for approval, subject to the conditions listed above.
ii. Mooring and temporary membership fees are charged by STMC from the first day.
iii. Passport, Visa and Customs regulations must be observed.
iv. See Section 17 for the regulations pertaining to pets.
12. Main Slipway, Sling Lift & Hard Standing:
a. This area is under the control and management of STMC and falls under the conditions of a construction site, with controlled access and safety requirements.
b. Rates will be charged for use of these services, according to annual rates schedule.
c. Use of the area and machinery is entirely at the risk of the user.
d. No parking of vessels or vehicles is allowed on the hard without express permission from STMC and the payment of the prescribed fees.
13. Small Boat Register and Parking
a. Any small boat requiring parking on club premises in the allocated areas must be in possession of a Sticker obtained from the FBYC office and the payment of the annual parking fee.
b. Any boat not registered will be advertised in the Club Newsletter and if not claimed, will be disposed of.
14. Ski Boat Slip
a. This facility is for use under the following provisions:
i. By members for regular slipping of ski boats, where the members has paid the necessary annual fee and displays the sticker on his membership card.
ii. By any member for the periodic slipping of a boat moored on the marina for no fee.
iii. By any other person, subject to a prior arrangement with FBYC and the payment of the relevant fee.
15. Diving
a. All diving must comply with Diving Regulations and Safety Standards.
b. STMC employs a diving team on contract to dive on the marina.
c. Permission must be obtained for any other diving within the marina or around the swing moorings from FBYC.
d. Obtain direct permission from Naval Operations 021 787 3819.
16. Tariffs, Fees and Defaults
a. In accordance with the Club Constitution the Committee shall provide and revise a list of all tariffs and fees applicable to the services available.
b. There is no reciprocity agreement between STMC and any other organisation.
c. FBYC & STMC have by separate agreement between them undertaken to support each other in seeking to have all members pay debts by due date and in dealing with defaulters in any form. Particularly, an unremedied default by a FBYC member in terms of any applicable rule or by-law of STMC may be brought to the notice of GenCom which may then pursue the matter with that member, including possible recourse to a disciplinary process in terms of section 13 of the FBYC Constitution.
17. Dogs and Pets
a. No dogs (other than service dogs) are allowed on club premises.
b. Pets will be allowed to transit the club premises on a lead, but they must otherwise be confined to members’/visiting cruisers’ yachts.
c. Any pet mess found on club property or marinas will be brought to the attention of the owners for removal and they might be asked to leave if this problem persists.
18. Town Jetty
a. The following shall be observed when making use of the jetty situated at the end of Wharf Street:
i. The club is not responsible for any damage or injury to vessels or persons making use of this facility.
ii. Members may come alongside briefly to load or unload, but must depart a.s.a.p.
iii. Arrange with the Jetty Master if you need to be alongside for any period of time. This time will be charged for by STADCO.
19. Disaster Management
a. FBYC will ordinarily abide by Government Disaster Management Protocols and will advise members accordingly when these are implemented.
b. FBYC COVID-19 Regulations:
i Masks to be worn at all times whilst on Club/Marina property.
ii Temperatures to be taken on entry to the Club.
iii All persons must sanitize hands upon entry to the Club.
iv All persons to complete registry upon entry to the Club.
v Social distancing protocols of 1.5m to be followed at all times.
Required Forms and Agreements:
• Marina Moorings Owners Contract
• Swing Mooring Owners Contract
• Marina Mooring Lease Agreement
• Swing Mooring Lease Agreement
• Visitors Booking In Form
• Anchoring Agreement
• Voyage Plan
Approved and published 01 December 2016 (amendment 13 May 2020)
