Lough
Derg Jet Ski Club Constitution
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1. NAMES AND OBJECTIVES
1. The name of the Club shall be Lough Derg Jet Ski Club, hereinafter
referred to as the Club.
2. The Term PWC herein and after refers to both Jetskis and
all other powerboats.
3. The objectives of the Club are to promote the sport of personal
watercraft and other water sports for pleasure recreation and
other non-profitable purposes. To work for fair and equitable
watercraft laws. To promote development of launching, parking
and retrieval facilities at the slipway. To provide education,
and promote safety in all water sports. To perform all desirable
and lawful functions for the successful operation of the Club.
2. SAFETY
- To take all reasonable measures to make Jet skiing and Club
activities safe for its members and the general public.
- All club members shall hold an ISA/RYA certificate of competency.
- Water safety exercises shall be carried out annually, educating
all Club members with the safety requirements as laid down by
the Club to satisfy legal requirements for insurance purposes,
and maintaining safety.
3. OFFICERS
• The Officers of the Club shall be Full members of the
club and shall consist of a Chairman, Secretary, Treasurer,
Club Captain, Safety Officer and Communications Officer. The
position of a Health and Safety advisor will be filled by an
appropriately qualified full or honorary member and will be
consulted by the committee as required.
• Officers shall be elected at the Annual General Meeting
(AGM) in each year.
• These officers shall constitute the Club Committee.
All Officers shall be eligible for re-election.
4. DUTIES OF THE OFFICERS
1. The Chairman shall:
- Preside at all the Member’s and Committee meetings.
- Have a casting vote in the event of a tiebreak situation.
- Have general supervision of the affairs of the Club
- Assist all other Officers of the Club in their duties where
required.
- Promote interest on the part of each member in the Club life
and activities.
- In his absence, the Committee members present shall elect
one of their number as Chairman by simple majority.
2. The Secretary shall:
• Keep full minutes of all Club meetings and handle club
correspondence.
• Keep a register of club member’s names and contact
information.
• Issue notices of regular or special meetings and events.
• Perform such other duties as generally fall to that
office.
3. The Treasurer shall:
- Handle all club finances and maintain club financial records
and prepare monthly and annual reports.
- Perform such other duties as generally fall to that office.
4. The Club Captain shall:
• Represent the club members at Committee meetings and
act as a liaison between the committee and the club members.
• Stimulate interest in activities and assist in handling
club and social events.
• Enforce all the club rules and advise on club guidelines.
5. The Safety Officer:
- Maintain a list of all members suitable to act as officials
during club organized events and roster individuals as necessary.
- During club run events will oversee car and trailer parking.
- Be an active member of the events organizing team.
- Assist with the smooth running of club events.
- Attend regular members and committee meetings.
6. The Communications Officer:
• Communicate with the local press and relevant authorities
of the progress and development of the club.
• Promote and advertise the club to the relevant bodies.
• His/Her duties will include club communications.
• Perform such other duties as generally fall to that
office.
5. ELECTION OF OFFICERS
• Candidates for Officer positions shall be those members
of the retiring Committee eligible to offer themselves for re-election
and other Full members present or represented at the meeting.
• If the number of candidates for election is greater
than the number of vacancies to be filled then there shall be
a postal ballot or an online/email vote. Results will be counted
by two duly appointed returning officers and announced at the
AGM. The winning candidate will have the majority share of the
returned ballot forms.
• If the number of candidates for election is equal to
or less than the number of vacancies to be filled then all candidates
shall be deemed elected.
• If, for any reason, a casual vacancy shall occur, the
Committee may co-opt a Full member to fill such a vacancy until
the next following AGM.
6. MEMBERSHIP
There shall be the following categories of membership:
a) Full Membership – being the person
registered with the Club as the owner of the PWC. He/She will
have one vote.
b) Associated Member – family and friends of the Full
member as covered by his/her insurance policy. These members
have no vote.
c) Corporate Member – A PWC related business or concern
with a working interest into jet skiing activities. He/She will
have no vote. Advertising and sponsorship of events will be
individually approved.
d) Junior Member – being a person who, at the date of
election is under the age of sixteen and shall have no vote.
The Membership fee shall be proposed by the
Committee and presented to the members at the AGM. Any proposed
changes shall be approved by a majority of those present and
entitled to vote and shall become operative with immediate effect.
Every member shall furnish the Secretary with
up-to-date address and PWC registration information, which shall
be recorded in the register of Members. All Members are individually
responsible for remaining insured during their period of membership.
The Committee reserves the right to request
copies of insurance certificates for audit purposes. Any member
that is unable to produce evidence of insurance when requested
to do so within a reasonable period of time may face disciplinary
action.
The Committee may cancel, without notice
given, the membership of any member whose annual subscription
is more than two months in arrears. No member whose annual payments
are in arrears may enter any club event or vote at any meeting.
Membership of the Club and acceptance of the
rules by the member will be deemed to constitute consent to
the holding of relevant personal data for the purposes of the
data Protection Act 1984.
By accepting membership, applicants consent
to the sharing of personal data with any necessary authorities.
All memberships are valid from the 31st March
to the 30th March of the following year. Applications made for
membership part way through the season will be subject to the
full membership cost and no pro-rata costing will be entered
into due to overheads incurred by the club.
7. APPLICATION FOR NEW MEMBERSHIP
• Application for membership shall be made on the appropriate
form and sent to the Club secretary.
• Membership forms may be downloaded from our website
or obtained from the secretary
• All members will be required to sign a disclaimer absolving
the Club, the Executive Committee and Officers from any responsibility
for injury, loss or damage however caused.
8. CONDUCT OF MEMBERS
- Every member of the Club is deemed to have
notice of, and impliedly undertakes to comply with the Club
rules and current Bylaws and Regulation of the Club. Any refusal
or neglect to do so, or any conduct, which, in the sole opinion
of the committee, is either unworthy of a member or otherwise
injurious of the Club, shall render a member liable to expulsion
by the committee. PROVIDED THAT, before expelling a member the
Committee shall call upon such member for a written explanation
of the members’ conduct and shall give the member full
opportunity of making an explanation to the Committee, or of
resigning. A resolution to expel a member shall be carried by
a simple majority vote by members of the Committee.
- In the case of expulsion, the member will not be entitled
to a refund of any membership paid whether in full or pro-rata.
9. ENVIRONMENT & WILDLIFE
In order to make sure we have as little impact
on wildlife as possible follow these simple rules:
• Avoid sensitive or restricted areas and stay clear of
islands and sand banks.
• Do not approach or launch near roosting or nesting sites
for birds, especially around high tide.
• Do not beach at sandbanks occupied by seals or where
seals are in the vicinity.
• If you encounter birds or marine mammals slow down and
give them a wide berth (c.200m).
• When passing wildlife, maintain a steady direction and
slow ‘no wake’ speed.
• Never harass or chase wildlife.
• Avoid shallow waters where you may erode the underwater
seabed.
• Avoid the low water mark where birds may be feeding.
• Do not dispose of any rubbish or contaminants at sea.
10. COMPLAINTS
- Complaints against another member of the Club
must be made in writing and addressed to the Secretary for consideration
by the Committee at the next meeting.
- Complaints of any nature relating to the management of the
Club shall be made in writing and addressed to the Secretary
for consideration by the Committee at the next meeting.
11. MANAGEMENT OF THE CLUB
• Management shall be vested by the Committee
Officers
• Any two committee members are to sign all bank account
withdrawals. The bank will be informed in writing of the authorized
signatories and any changes will be agreed by the committee.
• The Committee shall make such Byelaws and Regulations,
as it shall from time to time think fit. Members will be notified.
• The Committee may appoint such sub-committees as it
may deem necessary and may delegate its powers, as it may think
fit.
12. MEETINGS OF THE CLUB
- An AGM of the Club shall be held every year in the month of
March on a day to be fixed by the Committee. The Secretary shall
notify each member of the meeting.
- The Committee may at any time, giving four days notice, call
a General Meeting of the Club for any special business.
- There will be a bi-monthly meeting for all Members of the
Club. The Secretary will notify all members of dates, times
and location as required.
- At every meeting of the Club members, or the Committee, the
Chairman (or in his absence, any other member of the committee)
will preside.
- All Committee members will be present at a Committee meeting
to form a quorum, (in exceptional circumstances and when a committee
meeting is considered urgent, one committee member can authorise
a second to act as a proxy if he is unable to attend).
- Only Full members shall vote at any Members’ Meeting.
Other members may attend but are not entitled to vote.
- Four Full Members entitled to vote and personally present
shall form a quorum at any Member’s Meeting.
- In the case of an equality of votes, the Chairman shall have
a second or casting vote, on any matter other than the election
of officers and honorary members.
- Voting, shall be a show of hands.
13. VOTE OF NO CONFIDENCE
A vote of no confidence may be made at a regular member's meeting
which is attended by a minimum of fifteen full members eligible
to vote (including committee members). A written proposal must
be made to the Club Captain prior to the meeting who will then
table the item at the next available meeting. Voting will be
a show of hands, with a majority win.
14. CLUB BYLAWS AND REGULATION
- All PWCs must be registered.
- All jet skis must be adequately insured and proof of insurance
must be presented on request. (The minimum being public liability
insurance).
- The wearing of a personal floatation device is mandatory on
all club cruises and events.
- The Lough Derg Jet Ski Club rules and local bylaws must be
obeyed at all times.
- Members must not ski whilst under the influence of alcohol
or drugs.
- The member is solely responsible for ensuring his/her craft
is seaworthy and mechanically sound.
- All members must use the slipway with respect.
- Members must ensure that cars and trailers are only parked
in areas designated for parking; they must also ensure that
such cars and trailers do not cause an obstruction to other
vehicles and members of the general public.
- It is strongly recommended that all craft are equipped with
a towrope, flares and some form of communication.
- Additional safety equipment should consist of the following:
anchor, compass, knife, fire extinguisher, tool kit, spare spark
plugs and money.
- Skiing alone is strongly discouraged.
- Members are encouraged to undergo ISA/RYA training.
15. DISSOLUTION PROCEDURES
i. In the Event of the Club ceasing to exist, and following
the discharge of all debts and Liabilities, any proportional
amount should be returned to members. Any assets at the time
of dissolution shall be the property of a third party, as yet
undecided, probably a charity.
ii. No Member shall obtain any asset of the Club, save a member
who donated an item to the Club, he/she shall have the option
of choosing to have his/her donated item returned.
iii. The Club may be wound up on a resolution of the members,
passed by two thirds majority at a special meeting convened
for that purpose upon the request of ten members of the Club.
At least 7 days notice of the meeting shall have been sent to
all members of the Club.
iv. In the event of the passing of the resolution to wind up
the Club, the Committee shall be empowered
to distribute the assets, including cash and investments in
hand.
16. REVIEW OF THE CONSTITUTION
• This constitution shall be reviewed on a yearly basis.
Amendments to the Constitution shall only be agreed at AGMS
or EGMS. Additions to, or alterations of, the Constitution shall
be submitted to the Secretary and discussed and voted at a General
Meeting.
• When a request for a special meeting is submitted to
the Chairperson by Members, the proposal shall be submitted
to the Secretary and the Secretary shall inform members before
the date of the Meeting.
• Any alteration to the Constitution shall require General
members present and a majority vote.
• In the event of any questions or matter arising which
is not provided in the Constitution, such question or matter
shall be dealt with by the Executive Committee whose decision
will be final.
17. ACCIDENTS AND THEFTS E.T.C.
The Club, Officers and Executive Committee will not be responsible
for accidents, loss of life, injury or damage and the theft
of property under any circumstances. Members, relatives, friends
and guests, all users of the Club’s facilities and participants
in Club events do so entirely and absolutely at their own risk.
Any provisions contained in this constitution, which are not
in conformity with the Registration of Clubs Act 1904 - 1995,
shall be deemed to be null and void.