[HISTORY: Adopted by the Special Town Meeting
of the Town of Wayland 11-13-1991 by Art. 1 (Art. 32 of the 1973 Bylaws). Amendments noted
where applicable.]
GENERAL REFERENCES
Boats and boating — See Ch. 101.
[Amended 5-6-1992 ATM by Art. 22]
These rules are adopted in order to promote
the public health, safety and welfare in the area of Dudley Pond.
However, persons using Dudley Pond and adjacent town property do so
at their own risk. These rules make no affirmation, whether expressed
or implied, that the Town of Wayland protects and guarantees the safety,
health and welfare of the public using the pond and adjacent town
property.
These rules are intended to supplement all present
or future boating and safety regulations of the Commonwealth of Massachusetts.
Pamphlets explaining the state regulations, which must also be observed,
should be obtained from the Massachusetts Environmental Police, Department
of Fisheries, Wildlife and Environmental Law Enforcement.
The following are prohibited on the pond and
on town property adjacent to the pond:
If the Police Chief or his designee determines
that an emergency condition exists, he/she may temporarily limit or
suspend recreational use of the pond and adjacent town property, pending
further action by the Select Board.
A nightly curfew prohibiting any use or occupancy
of all town property adjacent to the pond shall be observed between
the hours of 10:00 p.m. and 4:00 a.m.
A.
Upon written application, the Selectmen may issue
a permit to an individual or identifiable organization for use or
occupancy of town property between the hours of 10:00 p.m. and 4:00
a.m.
B.
If, on the written report of two households neighboring
town property or of the Police Department, the Selectmen determine
that an extended curfew is necessary for the public safety or welfare,
the Selectmen may extend the curfew to the hours from sunset to sunrise
or otherwise by causing notice of such extension to be posted on the
premises.
As used in this chapter, the following terms
shall have the meanings indicated:
The slowest speed at which a vessel or recreational vehicle
may be operated and maintain steerageway, in no case to exceed six
miles per hour.
Automobiles, trucks, ice boats and other conveyances.
All types of boats, skis and other conveyances which can
be used on or in the pond, including but not limited to canoes, kayaks,
sailboats, catamarans and sailboards.
A.
All vessels and recreational vehicles using Dudley
Pond and town-owned portions of its shoreline must be certified and
registered in accordance with the laws of the Commonwealth of Massachusetts,
if applicable.
B.
No vessel or recreational vehicle shall be powered
by motor or engine on or beneath the surface of the pond for commercial
or recreational purposes unless:
(1)
The vessel is a boat and the motor is an outboard
having 10 horsepower or less;
(2)
The motor is electric; or
(3)
The vessel or recreational vehicle is being used for
purposes of protecting the safety, health and environment of the public
or written permission has first been obtained from the Select Board.
C.
Motorized vessels or recreational vehicles shall not
exceed a speed of 10 miles per hour, except for purposes of law enforcement
or rescue being performed by police or fire agencies.
D.
All vessels and recreational vehicles shall have the
required lighting and shall conform respectively to MGL c. 90B, §§ 5
and 24.
E.
Personal flotation devices shall be carried aboard
all vessels in accordance with the requirements for recreational boats
as established by the United States Coast Guard and Massachusetts
Environmental Police.
F.
Any person aboard a canoe or kayak between January
1 and May 15 and between September 15 and December 31 shall wear at
all times a Coast Guard approved personal flotation device of Type
I, II or III, except persons aboard vessels excluded by MGL c. 90B,
§ 5A.
G.
Any person under 12 years of age aboard any vessel
on the waters of the commonwealth shall wear at all times a Coast
Guard approved personal flotation device of Type I, II or III.
H.
No person shall operate any vessel or recreational
vehicle while he/she or she is under the influence of intoxicating
liquor, barbiturates, narcotics or other controlled substances, including
marijuana.
I.
No person shall operate any vessel or recreational
vehicle in a negligent manner so that the lives or safety of the public
might be endangered.
J.
All vessels or recreational vehicles must always be
operated safely, courteously and at a safe distance to prevent their
wash from being thrown into or causing excessive rocking to swimmers,
floats, rafts and other vessels.
K.
In any event, no vessel or recreational vehicle shall
travel faster than a speed that is safe, reasonable and proper under
existing conditions.
L.
After March 15 and before November 15 each year, no
craft shall be launched into or removed from Dudley Pond by trailer.
Nothing herein shall be construed to preclude hand carrying of any
craft into and out of Dudley Pond.
[Added 5-1-1995 ATM by Art. 10; amended 5-8-1996 ATM by Art.
30]
Beyond 150 feet of shore is primarily for use
by vessels and recreational vehicles. Within 150 feet of shore is
primarily for use by swimmers and waders. Those in areas not designated
primarily for their use should exercise special caution.
A.
Swimmers should proceed with extreme caution beyond
150 feet from shore.
C.
Swimming buoys and flagged buoy markers 150 feet from
shore may be placed per authorization of the Selectmen.
D.
A motorboat shall not be operated at more than headway
speed when the motorboat is operated within 300 feet of a public bathing
beach.
