[Amended 4-24-2017 ATM
by Art. 10]
The purpose of this bylaw is to protect, preserve, and promote
the public's rights to safe and pleasurable use of the navigable waterways
and aid and assist the commercial fleet located within the Town of
Marshfield.
As used in this bylaw, the following terms shall have the meanings
indicated:
COMMERCIAL VESSEL
Any vessel which is used to harvest fish or shellfish for
purposes of sale, to carry passengers for hire or for mooring or scuba
related business.
FAIRWAY
A defined area, as shown on official navigational charts,
used continually for unobstructed vessel access to and from moorings,
launching and shoreside facilities for the safety and convenience
of the boating public.
GROUND TACKLE
The mooring block, float, buoys, chain, swivel and pennant
which are the property of the vessel owner.
HARBORMASTER
The Harbormaster and all Assistant Harbormasters as defined
in MGL c. 102 duly appointed by the Select Board, Town of Marshfield,
Massachusetts. The recommendation of the Captain of the Port shall
be considered by the Select Board in making such appointments.
[Amended 10-18-2021 STM by Art. 32]
HOUSEBOAT
Any boat/vessel designed primarily for human habitation,
dwelling or entertaining and which is not motorized. Some houseboats
may also be known as a shanty boat.
[Added 11-4-2013 STM by Art. 6]
MARINA
A location of safe refuge, moorage, slippage, storage or
anchorage for five or more vessels, which may supply provisions, marine
supplies or chandlery, or at which these may be obtained, and at which
a fee may be charged for the use of these facilities and/or services,
to include any and all wharfs, piers, pilings, dolphins, floats (fixed
or portable), or any boat facilities either private or public used
for the keeping of any vessels over five in number. This definition
shall include municipal boating facilities, piers and moorings.
[Amended 4-24-2017 ATM
by Art. 10]
MARSHFIELD WATERWAYS COMMITTEE
A seven-member with two associate members advisory board
appointed by the Select Board to protect and preserve the public's
rights of the use and enjoyment of the Town's waterways, to protect
the natural resources along and in the waterways and to promote safe
navigation within the Town's waterways.
[Amended 10-16-2017 STM
by Art. 20; 10-18-2021 STM by Art. 32]
MOORING
Space where ground tackle is located, or place where a buoyant
vessel, lobster car, raft, float or dock is secured with mooring tackle.
[Amended 4-24-2017 ATM
by Art. 10]
SKIN DIVER
Swimmers using fins and/or masks or snorkel tubes or self-contained
underwater breathing devices.
VESSEL
All boats, including every description of motorized watercraft,
other than a seaplane on the water, used or capable of being used
as a means of transportation.
WATERWAYS OF THE TOWN OF MARSHFIELD
The navigable waters within the Town of Marshfield north
from the line of boundaries of the Town of Duxbury to the line of
boundaries of the Town of Scituate, to the geographical seaward boundaries
of the Town of Marshfield. The waterways of the Town of Marshfield
shall include, without limitation:
A.
GREEN HARBOR BASINThe waters of the Town of Marshfield from the seaward most limit of the southwest jetty continuing upstream of the Green Harbor River to include all navigable rivers, creeks and tributaries, including all waters subject to the ebb and flow of the tides twice in 24 hours.
B.
NORTH RIVERThat portion of the river within the boundaries of the Town of Marshfield to the geographical center of the river and all navigable rivers, creeks and tributaries pertaining thereto, including all waters subject to the ebb and flow of the tides twice in 24 hours.
C.
SOUTH RIVERThat portion of the river within the boundaries of the Town of Marshfield to the geographical center of the river and all navigable rivers, creeks and tributaries pertaining thereto, including all waters subject to the ebb and flow of the tides twice in 24 hours.
D.
MASSACHUSETTS BAYThat portion of Massachusetts Bay contiguous to the Town of Marshfield from the mean high-water line to the seaward jurisdictional limits of the Town.
[Amended 4-24-2017 ATM
by Art. 10]
Decisions of the Harbormaster that do not involve bylaw violations
and/or criminal matters may be appealed to the Captain of the Port
within seven days via certified receipt. The Captain of the Port will
respond in writing within 10 days of such appeal. The Waterways Committee
shall be informed of appeals and findings.
[Amended 11-4-2013 STM by Art.
6; 4-24-2017 ATM by Art.
10]
Except where otherwise provided, any person who violates any provision of this bylaw, the Harbormaster's regulations and/or any shellfish regulations (set forth in Chapter
226 of the General Bylaws) shall be punished by a fine of $150 for the first offense (with the exception of illegal taking of shellfish which shall be a fine of not more than $300 per each offense), $250 for the second offense and $300 for a third or subsequent offense. Each day or portion thereof during which a violation continues shall constitute a separate offense; if more than one, each condition violated shall constitute a separate offense. This bylaw may be enforced by the Harbormaster, Shellfish Constables/Wardens and/or police officers.
In the event that any provision, section or clause of this bylaw
is hereinafter judicially found to be invalid, such invalidity shall
not affect the validity of the remaining portions of the rules and
regulations.