Port Owen Marina Association: Berthing and Waterway Regulations
1. Port Owen marina waterways, jetties, walkways and the holding jetty in the Berg River (the Marina) is a private marina managed by Port Owen Marina Association (POMA) and reserves the right of admission of any craft or person into the Marina at all times. POMA’s authorized representative is appointed from time to time and is designated the Marina Manager.
2. All persons entering the Marina and whilst in the Marina and all craft entering or launched in the Marina and whilst in the Marina shall be bound by these regulations and all owners or skippers acting as agents of the owner shall sign acceptance of these regulations with the Marina Manager on arrival or on launching.
3. Skippers and craft are at all times subject to the regulations and byelaws of the South African Maritime Safety Authority and applicable Harbour, Navigation or other relevant Authorities.
4. All skippers must be qualified to use the craft in the intended areas of use and all craft must be seaworthy and be maintained and equipped in a seaworthy condition in compliance with the Safety Regulations of the South African Maritime Safety Authority.
5. All craft entering the Marina and whilst in the Marina shall be under the jurisdiction of the Marina Manager but shall remain at the owner’s risk and the Marina shall not be liable for death or injury to any person or for the protection of or for loss of or damage to property, the craft, it’s gear, equipment or contents.
6. The owner of any craft shall be responsible for death, injury or accident to any person or damage to any craft, structure or jetty arising from his or her act or omission or of the act or omission of his or her crew or guests and shall indemnify the Marina for any liability and or expenses arising therefrom.
7. All skippers shall sign out immediately prior to departure from the Marina and skippers proceeding temporarily into St Helena Bay or the area under jurisdiction of Saldanha Harbour authority may sign out and in by radioing “Port Owen Marina”, Channel 71 but skippers of all craft proceeding beyond the Saldanha Harbour Authority area must file a sailing plan with Saldanha Port Control prior to departure.
8. The Marina is a no wake, ‘dead slow’ area and all craft shall be navigated in such a manner as to not endanger or inconvenience other Marina users or cause damage to the beaches, walls or other Marina works.
9. No sewage, oil, chemicals or inflammable substance may be discharged into the Marina, no litter or refuse may be thrown overboard and all refuse shall be removed from the Marina.
10. No noisy, noxious or objectionable engines, generators, radios or other apparatus may be operated and no halyards may be allowed to cause a nuisance to other Marina users or Port Owen residents.
11. All craft must be maintained in good condition so as to not become unsightly but no major repairs, painting or fitting out of craft may be carried out except for minor works which may be specifically agreed in writing by the Marina Manager and no clothing or other washing may be hung to dry except for items which may be hung to dry below the height of guard rails for short periods of time during week days only.
12. No person may live aboard any craft berthed in the Marina without the specific consent of the Marina Manager in writing and no dogs or other pets are allowed in the Marina unless they are kept under control at all times and the owner arranges for the cleaning up and disposal of excrement.
13. No fixtures may be added to or alterations made to the jetties, no items of boat gear, fittings or equipment may be left on the jetties without the specific agreement of the Marina Manager in writing.
14. All craft shall provide all necessary warps and fenders and shall be berthed and maneuvered where directed by the Marina Manager. In case of necessity or emergency craft may be moved by the Marina Manager or persons delegated by him to another part of the Marina provided that neither the Marina Manager nor the delegated person nor POMA shall be liable for any damage arising from such activity.
15. No net fishing or pumping for bait is allowed in the Marina and no craft may be used for commercial purposes in the Marina without the consent of the Marina Manager in writing.
16. The owner of any craft using or berthed in the Marina shall be charged launching, berth rental fee and marina maintenance fees according to a schedule of rates published by the Marina from time to time and payment is due on presentation of any account. If the owner fails to pay any money due the Marina shall have the right to take whatever legal action is necessary to effect recovery of all money due and all costs arising from such action, on an attorney & client scale and interest on arrear amounts at a rate of 20% p.a. calculated on the daily balance.
17. If the owner of any craft breaches this agreement and fails to rectify such breach on being given reasonable notice to do so by the Marina Manager, the Marina shall have the right to terminate this agreement and to require the owner to remove the craft from the Marina within a specified time by sending notice by registered post to the owner at his last known address. If the owner fails to remove the craft within the specified period, the Marina shall have the right to take whatever legal action is necessary to effect recovery of all costs arising from such action, on an attorney & client scale.