Regulation for the use of the Porto de Recreio da Calheta

Autonomous Region of Madeira

 

Chapter I

Object

 

Article 1

Object

 

The use of the Porto de Recreio da Calheta in the Autonomous Region of Madeira, hereafter called “the Recreational Port”, is governed by the provisions of this Regulation, which is applicable to all users.

 

Chapter II

Entry Into, Stay at, and Departure From the Recreational Port

 

Article 2

Entry

 

1. Upon entry into the Recreational Port, all vessels shall fly the Portuguese flag, as well as the flag of their own nationality, on the flagpole astern.

2. During their stay in the Recreational Port, all vessels shall also hoist, on the same mast and immediately below the Portuguese flag, the flag of the Autonomous Region of Madeira, along with that of their own nationality. On sailboats, the courtesy flags related to the owner, club, or others shall be raised on portside; on the starboard side, the Portuguese flag and the flag of the Autonomous Region of Madeira will be raised.

3. Infractions of the provisions of the previous paragraphs shall be punishable by fines ranging from 25 € to 500 €.

 

Article 3

Formalities of access to the Recreational Port

 

1. Upon arrival at the Recreational Port, all vessels shall dock at the control pier to comply with the following formalities and any others that shall arise from applicable legislation:

    a. Register with the reception services; 
    b. Comply with the legal formalities required by the port, maritime and customs authorities; 
    c. Pay a deposit on account for the mooring charges, as provided for by Article 11, paragraph 1;  
    d. Hand in the documentation of the vessel, which shall only be returned upon the vessel’s departure from the Recreational Port and after all formalities required under Article 8 of these Rules have been complied with.

2. The manoeuvres involved in the entry and mooring of the vessels may be aided by personnel from the entity responsible for the exploration of the Recreational Port, any time such aid is requested or advisable under the prevailing circumstances.

3. Infractions of the provision of paragraph 1 shall be punishable by fines ranging from 25 € to 1,000 €.

 

Article 4

Duties during stay

 

1. During the entire length of their stay in the Recreational Port, the owners of the vessels or their representatives are obliged to:

    a. Maintain the legal status of their vessels up to date with respect to the services of the Recreational Port and the port, maritime and customs authorities;

    b. Keep their vessels duly moored so that the outer parts do not extend over the floating docks nor impede the free circulation of persons;
    c. Keep the exterior of their vessels properly clean and tidy;
    d. Display the name and port of registration of their vessels in an easily visible location on the exterior of the same;
    e. Respect the essential rules of being good neighbours, ensuring the harmony of the social interaction of all the users and the perfect physical integrity of the moored vessels;
    f. Observe the rules posted in the port facilities with respect to parking, noise and other forms of pollution, as well as lighting and its intensity and direction.

2. Owners who are absent from their vessels while these are moored in the Recreational Port, shall communicate this fact to the entity responsible for the exploration of the Recreational Port, indicating in writing the location where they can be contacted and designating the person who shall represent them in the event the need arises during their absence.
3. Whenever the owners of vessels are absent for more than two consecutive days, they shall communicate this fact to the entity reponsible for the exploration of the Recreational Port, and indicate in said communication their port of destination.
4. Infractions of the provisions of this Article shall constitute unlawful acts, punishable by fines ranging from 125 € to 1,000 €.

 

Article 5

Prohibited behaviour

 

1. During their stay, users of the Recreational Port are strictly forbidden to:
    a. Navigate at more than 3 knots within the Port and when entering or leaving it;
    b. Dump filth, waste or any objects into the sea or outside the appropiate receptacles located on the docks or in the adjoining areas;
    c. Test motors and perform any noisy work within the vessels that might bother the other users between 8 p.m. and 9 a.m. the following day.;
    d. Use searchlights, except in cases of emergency;
    e. Tie up at the control dock longer than the time required to comply with the formalities that must be dealt with;

    f. Make repairs or do work that might cause noise or pollution at the mooring posts or on the dock;

    g. Make electrical connections to terminals with plugs that are not in compliance with the instructions of the entity managing the Recreational Port;
    h. Bathe in the waters of the Recreational Port;
    i. Use vehicles on the floating docks;
    j. Keep domesticated animals, unless they have been issued a health bulletin and they do not run loose or bother the users;
    k. Carry out any commercial or advertising activity, except as expressly authorised by the entity responsible for the exploration of the Recreational Port;
    l. Use or circulate with vehicles in the area surrounding the Recreational Port, except for users carrying the appropriate card;
    m. Have access to the docks, except for users, owners or persons in charge of the recreational vessels, their family members or guests accompanying them, as well as suppliers;
    n. Fish, engage in underwater fishing, go diving or undertake other underwater activity in the waters of the Recreational Port;
    o. Throw or dump into the ocean waters any harmful waste substances that might cause pollution, such as products derived from petroleum or mixtures that contain said products.
2. Excepted from the prohibition contained in subparagraph k) of the previous paragraph is advertising attached to or exhibited on board the vessels.
3. Infractions of the provisons of paragraph 1 are punishable by fines ranging from 125 € to 1,000 €, with the exception of the provisions of subparagraph o), which shall be punishable in accordance with Decree-Law nº 235/2000, of 26 September.

 

Article 6

Forced removal of vessels

 

1. Violations of the duties provided for in Articles 3, 4 and 8 or of the prohibitions set forth in Article 5, shall, without prejudice to their specified sanctions, confer upon the entity responsible for exploring the Recreational Port the option of ordering the violators to immediately remove their vessel from the mooring post it is occupying.
2. Whenever said order cannot be transmitted to the violator, or in the event the violator does not promptly comply with the order, the services of the entity referred to in the previous paragraph may proceed with the removal, the costs of which shall be borne by the owner or other person responsible for the vessel.
3. As required in the course of service, whenever bad weather so warrants, the removal of vessels from one mooring post to another may also be ordered, the provisions of the previous paragraph being applied and adapted as necessary.

 

Article 7

Fire safety measures

 

1. The following norms shall be rigorously observed:
    a. In the event there is an accidental fuel spill, especially on the docks or in the water, the user shall immediately notify the personnel of the entity responsible for exploring the Recreational Port;
    b. In the event of fire, the damaged boat shall be rapidly isolated and, if necessary, moved away from the mooring location, with the users providing all the necessary collaboration;
    c. The vessels shall be equipped with means for fighting fires.
2. Infractions of the provisions of the previous paragraph shall be punishable by fines ranging from 25 € to 1,000 €.

 

Article 8

Formalities when leaving the Port

 

Vessels may depart from the Port at any time, as long as the following formalities have been carried out by the user by 5:30 p.m. of that day:
    a. Presentation of document issued by the entity responsible for exploring the Recreational Port, as proof that its accounts have been duly settled;
    b. Compliance with all the formalities required by the port and customs authorities, with documented proof.

 

Chapter III

Cession of the Mooring Post

 

Article 9

Cession of posts

 

1. Any transfer of the use of the mooring post on a temporary basis is subject to the advance consent of the entity responsible for exploring the Recreational Port.
2. Any transfer of the use of the mooring post in violation of the provisions of the previous paragraph is null and void, the transferring party incurring the loss of the mooring post, while no right to the mooring post is thereby granted to the transferee.
3. As required in the course of service, the entity responsible for exploring the Recreational Port may order the temporary departure of any vessel from its mooring post, and in the absence of the owner or legal representative, said removal may be carried out by personnel of the entity exploring the Recreational Port.
4. As required in the course of service or whenever it is deemed technically advisable, the entity responsible for exploring the Recreational Port may transfer the mooring posts.
5. Any transfer of the use of the mooring post in violation of the provisions of paragraph 1 shall be punishable by fines ranging from 250 € to 1,000 €.

 

Chapter IV

Tariffs and Their Payment

 

Article 10

Tariffs

 

1. Each year, Ponta do Oeste S.A., shall post the tariffs and provisions due for staying in the Recreational Port and for the provision of contracted services.
2. The entity responsible for exploring the Recreational Port shall, except in cases of force majeure, ensure, on an exclusive basis, the provision of contracted services to the users.

 

Article 11

Payments

 

1. When the registration of the vessel is filled out upon arrival, a deposit on account for the expenses of mooring must be made.
2. Services provided to the vessels shall be paid upon their conclusion, with the supply of fuel and lubricants being paid upon requisition or upon delivery, depending on the supplier’s choice.

 

Article 12

Length of stay

 

1. For the purposes of payment for the stay, the length of stay shall be counted in indivisible periods of twenty-four hours, beginning at midday each day.
2. Users that intend to extend their stay must communicate this fact to the services of the Recreational Port on the day before the originally scheduled day of departure, making a supplemental payment on the advance deposit referred to in the previous Article.

 

Chapter V

Fishing Vessels

 

Article 13

Conditions for access and use

 

1. Access to and use of the Recreational Port is granted to fishing vessels of any class on the South wharf.
2. The vessels referred to in paragraph 1 of this Article that use the Recreational Port must not disturb the ease and safety of the recreational and tourism traffic.
3. Fishing vessels are subject to the availability of place on the South wharf.
4. For the purposes of the provisions of the preceding paragraphs, the owners of vessels must be registered with the maritime authorities, holding a valid seaman’s card, working exclusively on board a duly licensed fishing vessel registered at a port of the Autonomous Region of Madeira which is dedicated exclusively to fishing, with its registration at the tax department and social security services up to date.
4. The vessels mentioned in the above paragraph will have a reduction of fifty percent in the tariffs applied to vessels with similar dimensions.
5. Infractions of the provisions of this Article shall constitute an unlawful act, punishable by fines ranging from 125 € to 1,000 €.

 

Article 14

Removal of vessels

 

1. In the event of unauthorised use or any use that violates of the provisions of these Rules, the entity responsible for exploring the Recreational Port may, without prejudice to the sanctions provided for the case, order the violators to immediately remove their vessel and inform the maritime authority of such decision.
2. When such orders are not obeyed, the vessels may be hoisted and towed to locations suitable for their storage, the respective owners being liable for the expenses incurred, under the provisions of civil law.

 

Chapter VI

Supervision and Sanctions

 

Article 15

Competence for execution and application

 

1. It shall be the competence of PONTA DO OESTE, S.A. and the entity responsible for exploring the Recreational to supervise the compliance with these Rules, without prejudice to the competencies attributed to the remaining maritime authorities.
2. It shall be the duty of PONTA DO OESTE, S.A. to not only instruct the cases of countermanding defined in these Rules, but also the establishing of cautionary measures and the application of the fines and accessory sanctions arising from them.

 

Chapter VII

Final Provisions

 

Article 16

Publication

 

These Rules shall be placed on display to the public and posted in a visible location in the installations and services of the Recreational Port.