BY_ LAWS

The Committee makes by-laws in accordance with the Club’s Rules, and these by-laws should be read in conjunction with the Club’s Rules.  In the event of conflict, the Rules override the by-laws.  (A copy of the Rules is on the Club’s website.)

The purpose of these by-laws is to familiarise Members, and particularly new Members, with the workings of Davey’s Bay Yacht Club Inc.  The by-laws are broken into four categories:

1.       Introduction for new Members

2.       Duty Officer and Duty Boat Crew duties

3.       In the Clubhouse

4.       Unclaimed boats and equipment

1.       Introduction for new Members

The Club is managed by a Committee, which is elected at the election general meeting, normally held in the month of May The Committee may co-opt members or specialists if necessary. The Commodore is the chairman of Committee meetings, and the official spokesperson of the Club.

There are several classes of membership, which will be determined by the Committee from time to time.  As a sailing club, however, Social membership is reserved for former Family or Senior Members; a person cannot join the Club as a Social Member.

The Club’s Members in general meeting set nomination fees and membership subscriptions.  The nomination fee, current subscription and Yachting Victoria levy (see below) are paid by new Members when they are elected to membership.  Thereafter, membership subscriptions are usually billed in September, before the start of the sailing season, and are paid in advance.

The Club is affiliated with Yachting Victoria, which levies the Club an affiliation fee on most classes of the Club’s membership.  This levy is added to each applicable membership subscription, and is passed on to Yachting Victoria.  Payment of the levy includes membership under the Yachting Australia – Yachting Victoria membership scheme.  Membership under this scheme is required for every person out on the water with the Club – whether sailing, on the Committee boat, on one of the Club’s rescue boats used to set courses and monitor races, sailboarding, or whatever. 

Boats may be stored in the Flying Fifteen pen, under the Clubhouse, on the club lawn, or in one of the adjacent sheds.  Boat storage fees are charged for the whole year, even if the boat is removed at the end of the sailing season.  There is also a loft in one shed for hanging and storing sails.  Use of the loft is included in your membership fee.

The Committee sets boat storage and locker fees.  These fees are usually billed in April, at the end of the sailing season, and are paid in arrear.

The current rates for the various subscriptions and fees are available on the Club’s website.

Vehicle parking for Club Members and guests is normal street parking at the beach end of Davey’s Bay Road.  Vehicles cannot be parked in front of the Clubhouse, on the beach, or at the foot of Rob’s Way (which allows vehicle access to the Club for boat trailers).  The only exception is the Club’s vehicle.

Rob’s Way is on the opposite side of the beach from the Clubhouse.  Rob’s Way is an easement running across private land.  It’s named after Sir Robert Knox, the owner of the land when the easement was granted.  The roadway forms part of that property, and may be used by Club Members and guests to bring yacht trailers down to the Club, but only under strict conditions – the roadway through the property does not belong to the Club!  Rob’s Way may be used between 10:00 a.m. and 6:00 p.m. on Saturdays and between 10:00 a.m. and 12 noon on Sundays during the sailing season.  Other times are by arrangement through the Club.  Rob’s Way may be used only to bring boats and sailing equipment into and out of the Club.  There are locked gates at the top and the bottom of Rob’s Way, and each gate must be closed and locked immediately after you pass through it, even if you are coming back in a few minutes.  (For this reason it’s always a good idea to have someone with you, to open and shut the gates.)

Boats, equipment and other property belonging to Members is stored or kept on the Club’s premises entirely at the Members’ risk.  The Club has no way of keeping track of what Members and guests bring to the Club, or what monetary value is placed on it.  Thus Members and guests are entirely responsible for their own property at the Club.  Using equipment belonging to another person without that person’s express permission is theft.  

In addition, boat owners must have adequate insurance, including public liability insurance for each boat sailed at the Club (whether stored at the Club or not).  Membership under the Yachting Australia – Yachting Victoria membership scheme includes adequate personal insurance, and can be extended to boat insurance upon payment of an additional premium.

The Club has no employees, and Members are responsible for the Club’s security when they are down at the Club.  New Members are given a security key when they join the Club, and the key will be zoned for the areas of the Club relevant to the Member.  The key of a Family Member with a Sabot stored at the Club, for example, will be zoned for access to the Clubhouse and the Sabot sheds.

Never leave the Club unlocked, if you are the last person to leave the Club!

When going sailing you should lock all doors behind you and take your key with you.  If you put your key on a cord, you can be tie it into your boat, or put it around your neck.

2.       Duty Officer and Duty Boat Crew duties

The Club has no employees, and all Members are expected to assist in running yacht races on a Sunday once or twice a year.  The duty roster is included in the Sailing Program mailed out annually, and is also available on the Club’s website.

If you cannot attend on your nominated duty day, it is your responsibility to arrange a replacement or swap duty days with another Member, and inform the Secretary of your inability to attend.  This is most important for the Club’s safety management requirements.  

Duty Officer

The Duty Officer’s duty day is from 10:30 a.m. until the close of the sailing day.  Please contact the Secretary in the week prior to your duty so that the location of the Club keys and other security issues can be explained.  A complete list of duties is located on the Clubhouse notice board.

The Duty Officer is responsible for the lockup security of the Clubhouse, all gates (including Rob’s Way), and the crane.  When all boats have left the beach for a race, the gate between the workshop and the change rooms must be closed and locked until the boats return.  

On arrival please ensure that the hot water system for the showers in the change rooms is turned on at the gas bottle station and the pilot lights are ignited in the ladies and the men’s change rooms.  The gas must be turned off at the end of the day.

The Duty Officer is expected to supply milk and biscuits for morning and afternoon tea.  This cost will be reimbursed to the Duty Officer.

First Aid facilities are available in the kitchen.  If an emergency occurs on the water or in the Club, call 000 on the Club’s gold payphone.  A hand-held radio located in the kitchen will be switched on while Club sailing is taking place, and the Duty Officer should monitor this radio.  In an emergency the Race Officer (usually on the Committee boat) will give instructions and coordinate matters.  If an incident occurs on shore, the Duty Officer can radio the Race Officer for assistance or guidance.

Duty Boat Crew

Duty Boat Crew should report for duty at 10:30 a.m. so that the Club’s boats can be readied for sea in plenty of time.  Where a special event is scheduled check with the Race Officer in case an earlier start is required

Members operating a Club power boat must have a current Boat Operator Licence.

3.       In the Clubhouse

In the Clubhouse the motto is “BYO & THE” – bring your own & take home everything.

Because of the Club’s location, the Mornington Peninsula Shire does not provide rubbish collection.  The Shire does, however, provide bins at the beach end of Davey’s Bay Road, near the car parking area.

It is your responsibility to clear away any rubbish you create and take it away.  This includes food left overs, wine and beer bottles, drink cans and bottles, obsolete boat gear, broken boat parts – in a word, everything that is or was yours!

Crockery, glasses, cutlery etc. used by you and your guests should be hand washed and put away, or placed in the dishwasher. When the dishwasher is full it should be started. If you are the last to leave, you should start the dishwasher anyway if things are in it for washing.  Dishwasher detergent is in the cupboard next to the dishwasher.  Bench tops must be wiped clean to avoid problems with rats and other vermin.

Tables, chairs and umbrellas should be stored in the Clubhouse next to the honour boards.

The windows in the kitchen must be locked at the end of the day, and the blinds rolled down.

The Clubhouse (including the front and back decks) is a smoke and dog free zone.

The Club has a BYO licence, and Members and their guests are permitted to consume liquor between the following hours:

          Saturdays      10:00 a.m. and 10:00 p.m.

          Sundays        12:30 p.m. and 2:00 p.m. and 4:30 p.m. and 6:30 p.m.

Outside these hours, and for functions, the Club must apply for a permit.

The cliff behind the Clubhouse acts as a sound shell.  On a balmy evening, talking and noise travel up the cliff, and every word said may be heard!  So please respect our neighbours by not talking loudly or making excessive noise.

Members and their guests are required to behave in a manner becoming to the Club, and no Member should act in a manner prejudicial to the Club’s interests.  In particular, the Club exists for the mutual benefit of its Members, and Members and their guests are expected to behave honourably at all times when at the Club and in the Club’s surrounds.  Offensive clothing, bad language, racist or sexual remarks and sexual harassment are not tolerated under any circumstances.

Each Member is responsible for the behaviour of the Member’s guests at all times when at the Club and in the Club’s surrounds.

Failure to observe these guidelines may lead to a Member being expelled from the Club, or for membership to be suspended or otherwise restricted.

Being a sailing club on the bay, beach attire is acceptable everywhere, although Members and their guests must be dressed decently when using the Clubhouse.  After sailing, smart casual dress is required.

4.    Unclaimed boats and equipment

As noted above, boats may be stored in the Flying Fifteen pen, under the Clubhouse, or in one of the adjacent sheds.  Boat storage fees are charged for the whole year, even if the boat is removed at the end of the sailing season.  There is also a loft in one shed for hanging and storing sails.  Use of the loft is included in the boat storage fee

The Committee sets boat storage and locker fees.  These fees are usually billed in April, at the end of the sailing season, and are paid in arrear.  The current rates for the various subscriptions and fees are available on the Club’s website.

If:

(a)   part or all of the Club’s storage fees for any boat or other equipment on Club premises remains unpaid for not less than twelve months after the due date for payment; and

(b)   after making reasonable efforts the Committee has been unable to locate the owner or owners of such boat or equipment, or to obtain payment of such overdue storage fees; and

(c)   a notice setting out the relevant particulars has been exhibited on the Club’s notice board for at least one month;

then at any time thereafter the Committee in its absolute discretion may:

(d)   take possession of such boat or equipment, whereupon all right, title and interest in such boat or equipment shall vest in the Club without further action; and

(e)   use or permit the use of such boat or equipment for any object or purpose of the Club; or

(f)   at any time sell or otherwise dispose of such boat or equipment and apply any proceeds thereof to the Club’s general revenues;

and neither the Club nor the Committee or any member of the Committee or any subsequent owner or owners of such boat or equipment shall have any liability whatsoever to the former owner or owners of such boat or equipment.