The Waterways Committee shall have the power to establish standard contracts
and contract terms and fees for the rental of wharves, slips and docks at
Town marinas.
Whenever space has been allotted to a vessel by the Harbor Master and
the fees are paid as required, no other vessel shall be permitted to occupy
this space except while such vessel is away on an overnight cruise. The owner
or operator shall advise the Harbor Master when leaving for an overnight cruise
of one day or more. The Harbor Master may rerent the space during the absence
of the craft regularly allotted the space. No credit for rents received for
such temporary use of the space will be granted the craft regularly allotted
that space.
[Amended STM 10-25-1989, Art. 63]
A.
If an individual makes application in writing for dock
space and there is no space available, it shall be the duty of the Harbor
Master to so advise the applicant and to receive and file or record his application
with the Harbor Master's records and post the name of the applicant and
the description of his vehicle in chronological order of filing on a public
waiting list. The public waiting list shall expire March 15 annually.
[Amended AFTM 11-15-1999, Art. 64, approved 3-22-2000]
B.
An individual shall reaffirm his application for dock
space in writing and submit a fee of $10 prior to March 15 each year to remain
on the waiting list.
[Amended AFTM 11-15-1999, Art. 64, approved 3-22-2000]
C.
Dock space, as it becomes available, shall be rented
to the person who is first on the waiting list, provided that if that person
prefers another location, or is unable to accept the available dock, he/she
waives his/her right to that dock space but his/her name will be placed at
the bottom of the waiting list, in which case the dock space shall be offered
to the next person on the waiting list.
[Amended STM 4-6-1993, Art. 9, approved 7-16-1993]
Houseboats, meaning boats designed primarily for human habitation but
which are not self-propelled, will not be permitted to moor or tie up at any
Town-owned marina.
Tug boats, cargo boats and any other boats used for commercial purposes
(other than charter boats, leases and licenses of the Town) shall not be permitted
to moor or tie up at the Falmouth Marinas except by special permission of
the Waterways Committee or Harbor Master, as appropriate.
All boats or vessels using the Town wharves shall observe all police,
fire, health and sanitary regulations of the Town, and the owners or operators
of such boats shall not permit acts contrary to good order, public safety
or public health, including public profanity or obscene language or indecent
exposure. Unnecessary noise, loud talking or playing of musical instruments
between the hours of 11:00 p.m. and 8:00 a.m. is not permitted. No person
upon such boats shall throw or dump garbage, paper, refuse or debris of any
kind into the harbor.
No vessel or watercraft of any kind whatsoever which is unseaworthy
or in badly deteriorated condition or which is likely to injure persons or
damage private or public property, or which might become a menace to navigation,
shall be permitted to moor in Town waters or tie up at the Town wharves. The
Harbor Master and Waterways Committee may separately or jointly determine
whether any watercraft is unseaworthy, dangerous or in badly deteriorated
condition and take appropriate steps for removal of same. This shall not be
deemed to apply to vessels in immediate distress as a result of current emergencies.
Advertising signs on vessels or wharves will be permitted at any Town-owned
wharf only by charter boats. Such signs shall be subject to Waterways Committee
approval and shall not be over 18 inches by 36 inches in size and shall be
displayed only on the charter boat each advertises.
A.
Repairing (other than emergency and maintenance repairs
of a minor nature), overhauling or remodeling of any watercraft docked or
moored at Tides Bulkhead, Falmouth Marina, Davis Park Marina or Green Pond
is prohibited.
B.
Vessel fueling from tanker trucks may be allowed at the
Town marina, docks and bulkheads subject to rules and regulations promulgated
by the Waterways Committee. After public notice and public hearing, the Waterways
Committee shall promulgate rules and regulations to effectuate the purpose
of this section. Notice shall be given at least two weeks prior to the public
hearing by publication in a newspaper of general circulation in the Town and
by posting with the Town Clerk and by posting at the Harbormaster’s
office. The Waterways Committee shall provide a copy of all proposed rules
and regulations to the Chief of the Fire Rescue Department for review and
comment before taking a final vote thereon.
[Amended ATM 4-5-2007, Art. 48, approved 5-21-2007]
All persons liable for injuring or damaging Town-owned wharves and properties
shall forthwith reimburse the Town in an amount equal to the cost of repairing
(new or old) such damage as determined by the Waterways Committee.
A.
No vessel or watercraft of any kind whatsoever moored
in Town waters or docked at any Town-owned wharf shall be used as a place
from which public business or professional services are conducted.
B.
This shall not apply to commercial time charter fishing
or excursion boats. A "time charter boat" shall be defined for the purpose
of this regulation as a watercraft holding itself out to the public for rent
or charter for a specified time for a specified fee or charter hire with the
owner's captain on board or in charge at all times during navigation
under such charter. Any such time charter boat shall be available to the public
in general upon payment of the specified fee, must be Coast Guard licensed
and properly equipped to be legally suitable for the purpose for which offered
to be chartered and must be primarily used by its owner for charter or rent.
Upon occasion, rafting will be permitted by boats to other boats at
Town wharves. All reasonable precautions to prevent damage shall be taken
by the occupant of the vessel rafting on. The Harbor Master shall have exclusive
authority to determine where and when rafting shall or shall not take place.
