Marblehead Waters are the waters between the
shores of the Town and a line dividing the Town of Marblehead and
the Town of Swampscott, running from Phillips Beach at the end of
Seaview Avenue, as defined by the Harbor and Land Commissioners under
Chapter 196 of the Acts of 1881, across Great Pig Rocks to a point
southwesterly of the bell at Outer Breakers thence along a line northeasterly
to a point southwesterly of Halfway Rock; thence northwesterly to
Satan Rock thence in line to Mid Channel Rock off Eagle Island to
a point in the line dividing the Town of Marblehead and the City of
Salem, as defined by the Harbor and Land Commissioners under Chapter
196 of the Acts of 1881; said point being in the water space between
said Town and city, said point being also in a straight line drawn
from the mainland of said Town of Marblehead near Peaches Point to
Curtis Point in the City of Beverly, the distance between said point
and the mainland near Peaches Point; thence turning and running in
a general westerly, southwesterly, southerly and southwesterly direction
along the said line dividing the Town of Marblehead and the City of
Salem as defined by said Harbor and Land Commissioners to a point
at or near the mouth of the Forest River.
The words, terms and phrases hereinafter in
this section defined shall, whenever used in this By-Law, have the
meaning set forth in this section, unless the context requires a different
meaning.
A. "Harbormaster" shall include Assistant Harbormasters
duly appointed by the Select Board.
B. "Vessel" includes ships of all kinds, barges, sailing
vessels, watercraft and powerboats of any type or kind, by whatsoever
means propelled, every structure designed, adapted or capable of being
navigated, towed or operated on water from place to place for the
transportation of merchandise, people, or for any other purpose.
C. "Person" means and includes an individual; a receiver;
a trustee; a co-partnership; joint venturers; a firm; an unincorporated
association; a syndicate; a trust; a corporation; or any entity.
D. "Pier" means any structure built out into the water
for use as a landing place.
E. "Wharf" means any structure generally parallel to
the shore for use as a landing place.
F. "Float" means floating dock.
G. "Mooring" means a semipermanent anchorage installation,
consisting of a heavy anchor or block, chain, a mooring buoy, and
pennant.
H. "Pennant" means a line or chain by which a vessel
is made fast to a mooring buoy.
I. "Mooring buoy" means a buoy marking a mooring.
J. "Winter buoy spars" means a winter mooring marker.
[Amended 10-17-1983 STM by Art. 9]
K. "Mooring permit" means written authority issued by
Harbormaster.
L. "Wake" means the disturbed water that a vessel leaves
astern.
M. "Aground" means stuck on the bottom.
N. "Adrift" means without being fast to a stationary
object.
O. "Moor" means to hold a vessel in place by cables or
chains as to a pier or buoy.
P. "Anchor" means to hold a vessel in place by lowering
a heavy weight into the water by cable.
Q. "Scuba" means self-contained underwater breathing
apparatus. A diving apparatus with compressed air tanks for breathing
underwater.
R. "Snorkel" means a breathing tube extending above the
surface of the water, used in swimming just below the surface.
S. "Surface supply" means the air supplied from surface
to a diver underwater.
T. "Berth" means a position to tie up to or anchor.
U. "Anchorage areas" means areas designated for anchoring.
V. "Awash" means semi-submerged vessel or object.
[Amended 5-7-1984 ATM by Art. 43]
Under the supervision and control of the Harbors
and Waters Board, which is appointed by the Select Board, the Harbormaster
shall have the authority to enforce all lawful regulations of this
By-Law; to assign moorings to vessels within designated areas; to
assign berths or landing places to vessels coming alongside wharves,
floats or piers; to order any vessel improperly moored or anchored
to change its location, and, in case the Harbormaster's orders are
not complied with, to cause such vessel to be so moved and to collect
the cost thereof from owner of said vessel.
If any provision of this By-Law is held invalid
or inoperative, the remainder shall continue in full force and effect
as though such invalid or inoperative provisions had not been made.
[Added 5-1-2000 ATM by Art. 42]
A. No person shall deposit, place, discard, store, leave
or abandon, or cause or permit to be deposited, placed, discarded,
stored, left or abandoned, any vessel, or part thereof, boat trailer,
cradle, jack stand or other property, on any property of the Town
under the jurisdiction of the Harbors and Waters Board, without the
express written authorization of the Harbormaster.
B. Within 10 days after notification by the Harbormaster
or the Harbormaster's designee of a violation of this By-Law the owner
or custodian of such property or other violator shall remove it from
such Town property, failing which the Harbormaster may so remove such
property at the expense of such owner, custodian or other violator.
C. Any violation of this By-Law shall be punishable by
a fine of $300 for each offense.