[HISTORY: Adopted by the Town Meeting of the Town of Belchertown
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-11-2015 ATM
by Art. 17]
This article is adopted as authorized by MGL c. 90B, § 15,
which permits municipal regulation of motorboats on the waters of
the commonwealth by a bylaw, subject to the approval of said bylaw
by the Director of the Office of Law Enforcement of the Executive
Office of Energy and Environmental Affairs.
A.
The purpose
of this article is to protect the public health and safety of persons
using the lakes, ponds, and rivers 10 acres or more in size within
the Town, by requiring the safe operation of motorboats on those water
bodies. The article seeks to ensure that motorboats are operated in
a safe and courteous manner that respects other uses of those water
bodies and avoids the risk of injury to persons or property.
B.
The requirements
of this article are in addition to, and are to be applied in a manner
consistent with, the requirements of other federal and state statutes
and regulations pertaining to the operation of motorboats on public
water bodies in the Town, including 33 U.S.C §§ 2001
through 2073, and 33 CFR Part 83, and MGL c. 90B, §§ 1
through 19 and 323 CMR 2.01 through 2.15.
For purposes of this article, the following definitions shall
apply (See 323 CMR 2.02 for additional definitions.):
The minimum speed at which a vessel may be operated and maintain
steerage way, but not to exceed six miles per hour.
Any vessel propelled by machinery, whether or not such machinery
is the principal source of propulsion.
A.
General
requirements.
(1)
Operators
of motorboats must proceed in a safe and courteous manner, always
keep a proper lookout, and maintain safe speed.
(2)
No person
shall operate a motorboat at a speed greater than is reasonable and
proper, having regard to the lives and safety of the public; the state
of visibility; the traffic density; the maneuverability of the vessel;
the state of wind, water, and current; and the proximity of navigational
hazards. In no case shall a person operate a motorboat at a rate of
speed exceeding 35 miles per hour, unless otherwise specified herein.
(3)
Motorboats
shall give the right-of-way to any oar-propelled boat, any boat proceeding
under sail, and/or any anchored vessel.
(4)
Motorboats
meeting head-on on opposite courses shall be operated as to pass each
other on the left or port side. When boats approach each other obliquely,
or at right angles, the boat approaching on the right has the right-of-way.
(5)
No motorboat
shall be operated at a speed creating an excessive wash or wake so
as to interfere with the operation of other water craft, to endanger
swimmers or damage property and the lake shore. The wake should not
rock excessively other boats, docks, etc. The wake is considered a
part of the boat and the operator is responsible for any interference,
damage or injury caused by the wake.
(6)
No person
shall operate a motorboat while under the influence of alcohol or
drugs.
(7)
Motorboats
are not allowed to operate on any water bodies under 15 acres in area.
(8)
Motorboats with trolling motors shall be permitted on Lake Arcadia.
Motorboats with internal combustion engines shall be prohibited.
[Amended 5-9-2016 ATM
by Art. 21]
B.
Minimum
distance for operation.
(1)
Motorboats
shall not be operated (a) at a distance of less than 150 feet of shoreline
which is being used as a swimming area, whether public or private,
or (b) within 75 feet of the boundary of a public or private swimming
beach, if designated by markers, floats, or otherwise.
C.
Operation
at headway speed.
(1)
No person
shall operate a motorboat at a rate of speed in excess of headway
speed:
(a)
When
leaving the shore or approaching a landing place.
(b)
At
a distance of less than 150 feet from any marina, boat-launching facility,
canoe, kayak, raft, float, or swimmer.
(c)
At
a distance of less than 300 feet from a shoreline being used as a
swimming area or bathing beach, whether public or private.
(d)
When
the operator's vision is obscured by a bridge, a bend or curve in
the waterway, or any other reason.
D.
Waterskiing.
(1)
Any
motorboat towing a person or persons on waterskis or aquaplane shall
be occupied by at least two persons age 12 or older, one of whom shall
give full attention to the operation of the boat, and the other shall
give full attention to the safety of the person or persons being towed.
(2)
The
length of the ski-rope shall not exceed 75 feet.
(3)
Waterskiing
is prohibited between sunset and sunrise.
E.
Littering
and control of vegetation.
(1)
Littering
or throwing trash from a boat into a water body is prohibited.
(2)
Weeds
and vegetation must be cleaned off engine propellers, trailers, and
boat exteriors before launching motorboats, and cleaned off again
when leaving the water body. Weeds shall be disposed of in trash barrels
or on dry land away from the water body.
A.
No person
shall operate a winter recreational vehicle on a frozen water body,
over 10 acres in size, unless the ice has a thickness of at least
six inches.
B.
No person
shall operate a winter recreational vehicle on a frozen water body,
over 10 acres in size, within 150 feet of an occupied residence without
the permission of the owner or tenant of such residence, except in
cases of emergency or when directly departing from or returning to
such residence.
A.
The provisions
of this article shall be enforced by the Town Police and by the Select
Board and its agents or designees, which may issue violation notices
and enforcement orders, and may pursue all civil and criminal remedies
for such violations.
B.
A person
violating any of the provisions of this article or an order issued
thereunder shall be subject to a fine not exceeding $50 for each such
violation.
C.
As an alternative to criminal prosecution or civil action, the Town may elect to utilize the noncriminal disposition procedure set forth in MGL c. 40, § 21D, and Article II, § 1-2, of the Town Bylaws, in which case the enforcing person shall be any Town police officer or the Select Board and its agents or designees. For noncriminal disposition, the penalty shall be $50 for each violation. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.
