MARINA DA PÓVOA
Regulation of Use
CHAPTER I PURPOSE AND SCOPE OF APPLICATION
Article 1
Object
1 – Use of the recreational port named Marina da Póvoa, hereinafter referred to as Marina, of which CLUBE NAVAL POVOENSE is a concessionaire – is governed by the provisions of these regulations.
2 – The Regulation is without prejudice to the application of general rules and the exercise of the maritime authority’s own powers.
Article 2
SCOPE OF APLICATION
The Regulation applies to all individual or legal persons and things that are in any way in the concession area granted and in complementary areas.
CHAPTER II ENTRANCE, STAY AND EXIT FROM THE MARINA
Article 3
ACCESS
- Marina’s waters and facilities may be used by the admitted vessels and the persons on board, as well as by the state vessels where necessary.
- Upon entering the Marina, all vessels must fly the Portuguese flag, in addition to the flag of their own nationality and keep the name and port of registration registered on the outside of the vessels.
- Access by land to vehicles and people is conditioned and regulated by the concessionaire or through duly uniformed agents or by traffic signs like those used on public roads.
- Access to the Marina is prohibited for boats over 18 meters in length, 11 meters wide and/or draft greater than 3 meters, unless special authorization from the Maritime Authority is requested in advance by those responsible for the Marina.
- Access to the Marina is also prohibited outside the normal working hours of the reception service, except with special authorization from its employees.
- Apart from the cases provided for in the previous numbers, the concessionaire may refuse entry based on an interdiction established by the Maritime Authority or lack of mooring posts available for the dimensions of the vessel, during the intended period of stay.
- Access may also be prohibited, exceptionally for serious reasons, particularly, for reasons of sporting events or repair work or dredging of the port.
Article 4
Entry formalities and maneuvers
1 – At the beginning of the stay, all recreational vessels must dock at the reception pier to:
- Regularize their stay with the reception and control services.
- Proceed with the legally required formalities with the Maritime and Customs Authorities.
- Deposit the provision referred to in art.
2 – Whenever circumstances make it advisable, the maneuver of the vessels will be assisted by the personnel of the Marina’s maritime services.
Article 5
Duties
1 – During their stay at the Marina, the owners or their representatives must:
a) Respect the navigation and manoeuvring rules.
b) Maintain the status of vessels duly legalized before the services of the Marina and the Maritime and Customs Authorities.
c) Keep the vessels well moored and in the mooring positions, so that no external part projects over the floating docks and impedes the free passage of people.
d) Keep the outside of the vessels properly clean and tidy and do not occupy the quays with belongings of the vessels or others.
e) Keep inscribed on the outside of the vessels, in a visible place, the name and port of registration.
f) Keep vessels in conditions of perfect buoyancy, mooring and safety, with special attention to changes and worsening weather conditions.
g) Respect the rules of good neighbourliness.
h) Observe the rules established by the concessionaire and posted in the port facilities regarding parking, lighting, noise, and other forms of pollution, namely regarding the disposal of garbage and the evacuation of dirty water and other solid or liquid products.
i) Facilitate, in all circumstances, even when moored, the movement of other vessels, complying in the matter with the indications of the Marina personnel.
j) Accompany the respective invited visitors and suppliers in accessing the mooring quays and on board, assuming joint and several civil liability for the acts performed by them.
2 –¬¬¬ During the permanence of the vessels, the respective owners, or their representatives, when they are absent, must communicate this fact to the administrative services of the Marina and indicate the way and place in which they can be contacted, or who can represent them in case of need.
Article 6
Restrictions
1 – During the stay at the Marina, it is not allowed:
a) Sailing using a sail and at a speed exceeding three knots, namely, when entering or leaving the port, causing waves that may harm the well-being of other users, except for sailing vessels without an auxiliary engine to which priority should be given.
b) Drain the sanitary facilities or any dirty water directly to the port or use containers with a chemical or physical treatment system, contrary to the applicable rules in matters of defense against maritime pollution.
c) Dump oil, dirt, debris, or any other objects out of the appropriate containers existing on the docks or confining areas.
d) Test engines and carry out any work inside the vessels that may cause discomfort to other users between sunset and 9 am the following day.
e) Use projectors except in an emergency.
f) Causing an obstacle to the free maneuvering of vessels, or people at the mooring posts and their accesses, as well as attaching or tying any object or equipment to the structure of the quays or fingers, except equipment sold only for the purpose of defense and duly authorized if a case by the Marina management.
g) Parking on the fuel dock and on the reception dock beyond the indispensable time.
h) Carry out repairs and work causing noise or pollutants outside the premises or facilities provided for these purposes, namely at berths; non-crew third parties may only perform work on vessels with authorization from the Marina and with payment of a daily fee included in the marina’s tariff.
i) Make electrical connections to terminals unless using the plugs indicated by Marina.
j) Use motor vehicles or velocipedes on floating docks.
k) Use trailers or tents for accommodation or other similar purposes.
l) Detain domestic animals, unless it is ensured that they are not loose or disturb users and that legal and sanitary norms are complied with.
m) Carry out any commercial or advertising activity, unless expressly authorized by the Marina managers or their representative.
n) Use or circulate with vehicles in the area surrounding the access doors, unless authorized on a case-by-case basis by the person in charge of the Marina or its representative.
o) Making audible noises outside, namely, connecting sound devices.
p) Make naked fire on board except in the kitchens.
q) Develop any activities that cause bad odors or offenses to other users.
r) Use the vessel as a permanent residence, unless authorized by the Marina Directors, it being understood as such to sleep on board for a period exceeding 150 days in each calendar year.
s) To bathe, practice swimming and water sports of any kind in the Marina waters, as well as fishing of any kind.
2 – The restrictions referred to in the previous numbers are applicable to the owners, crew, and embarked persons and also to their visitors and any persons, namely, suppliers or service providers to whom access is authorized on board, to the Marina or surrounding areas, upon request of the owner or person responsible for the parked vessel.
3 – The omitted cases will be decided by the Marina management.
Article 7
Removal of pleasure craft
1 – Without prejudice to the respective sanction under the terms of these Regulations, the violation of the prohibitions and duties foreseen in the previous articles, grants the Marina managers the power to order the offenders to immediately remove the vessel or any object from the mooring post it occupies at the time.
2 – When the order referred to in the previous number cannot be notified to the offender for reasons attributable to him or , when notified, he does not comply with it promptly, the removal may be carried out by the services of the concessionaire and the respective costs will be borne by the owner or person responsible for the vessel and paid by the amount posted for towing the vessel by the Marina.
3 – When circumstances of urgent need for service or time make it advisable, the change of vessels from one berth to another may be ordered, a change that will be ensured by the Marina services, in the absence of a crew on board.
Article 8
Exit formalities
1 – The term of stay may be verified within the time established in article 3, for entry, provided that the user:
a) Display the document, issued by Marina, proving that her accounts are duly regularized.
b) All formalities with the Maritime and Customs Authorities have been completed within the timetable in force.
2 – In cases of non-payment of the amounts due, the concessionaire, after prior notification to the Maritime Police, may not authorize the departure of the vessel.
CHAPTER III
ASSIGNMENT OF MOORING POST
Article 9
Assignment of mooring posts
1 – The transfer to third parties, for consideration, of the right to use the mooring post can only be made with the prior written consent of the concessionaire who has the right of option.
2 – Temporary assignment of the aforementioned right to third parties for consideration is subject to the provisions of the previous number.
3 – Temporary assignment to third parties free of charge can only be made with prior authorization from the concessionaire and only to vessels with similar dimensions.
CHAPTER IV
RATES
Article 10
Rates
1 – The fees payable for permanence and services provided by the concessionaire are set annually by the concessionaire, thirty days in advance of the date of application and posted in a clearly visible place in the concessionaire’s offices.
2 – Unless fortuitous or force-majority, the concessionaire shall ensure, the concessionaire ensures, on an exclusive basis, the provision to Marina users of the services covered by the respective contracts.
Article 11
Payments
1 – Payment will be made in advance for the contracted period.
2 – When filling in the arrival declaration, a provision must be made for the stay rate and foreseeable consumption, namely, water, electricity and telephone.
3 – Invoices relating to tariffs and consumption must be issued by the concessionaire as soon as requested by the user, or, regardless of request, with a period of seven days, whenever the stay exceeds this period and be paid at the time of presentation.
4 – In case payments are not made under the terms of the previous numbers, default interest will be charged, under the legal terms, and the Marina Administration, after informing the Maritime Authority, the right not to authorize the departure of vessels, if it deems it necessary convenient.
5 –The one-off payment of the sums referred to in the preceding numbers subject the debtor to the payment of interest moratoriums legal fee.
Article 12
Length of stay
1 – To calculate the stay fee are considered periods of 24 hours starting at 12 hours of each day.
2 – The user, if he wishes to extend his/her stay beyond the period declared upon arrival, must communicate this to the marina services and to reinforce the provision referred to in Article 12(1) on the day immediately preceding the end of the period foreseen within the times in force.
CHAPTER V
SUPERVISION AND SANCTIONS
Article 13
Oversight
1 – The inspection of compliance with these Regulations is the responsibility of the Marina concessionaire and the Maritime Authorities.
2 – Violation of the provisions of these Regulations constitutes a counter-ordinance, being applicable the general regime of Decree-Law No. 433/82, of 27 October and the special regime of Decree-Law No. 19/84 of 14 January.
3 – It is incumbent upon the Maritime Authority with jurisdiction in the area to investigate proceedings for unlawful contraventions resulting from the violation of these Regulations, as well as the taking of precautionary measures and the application of fines and additional sanctions.
