[HISTORY: Adopted 8-15-1994 by the Board of Selectmen of
the Town of Wolfeboro. Amendments noted where applicable.]
Pursuant to the authority granted under RSA
31:39 or any other applicable state statute, this chapter is hereby
adopted by the Town of Wolfeboro.
This chapter shall be known and cited as the
"Dock Ordinance."
The purpose of this chapter is to promote the
orderly, compatible and safe use of docks, wharves and ramps owned
and maintained by the Town of Wolfeboro.
As used in this chapter, the following terms
shall have the meanings indicated:
The docks owned and maintained by the Town of Wolfeboro and
located at Dockside (See Appendix A.[1]), at the Libby Museum in Winter Harbor, at Mast Landing
in Crescent Lake and in Back Bay adjacent to the railroad station.
[Amended 5-4-2022]
[1]
Editor's Note: Appendix A is included as an attachment
to this chapter.
A.
No commercial vessel, floating dredge or barge is to use the Town docks or to anchor within 100 yards from said Town docks, unless the operator thereof first obtains a written permit from the Board of Selectmen. See Subsections O and P and § 36-7 or as otherwise provided for in this chapter.
[Amended 3-7-2001]
B.
No motor vehicles, construction equipment, skateboards,
bicycles, scooters, roller blades or the like shall be permitted on
the Town docks. No permit is required to launch or haul out pleasure
boats at launching ramps.
C.
No equipment, supplies or material shall be stored
or parked on the Town docks, wharves or parking areas adjacent thereto
unless a written permit is first obtained from the Board of Selectmen,
except that no permit shall be necessary when said equipment, supplies
or material is placed for the purpose of immediate loading onto or
unloading from a vessel.
D.
No vessels shall be docked in that area reserved for
the vessel utilized by the contractor delivering United States Mail
by water, Dock G, the Town Fire Boat Dock G, and the Municipal Electric
Boat Dock F.
[Amended 5-4-2022]
E.
No vessels or watercraft shall impede the path of
the M.S. Mount Washington or the area directly in the rear of her
stern.
[Amended 6-3-1998; ]
F.
A commercial vessel landing permit issued by the Board of Selectmen pursuant to §§ 36-5O, 36-5P and 36-7 must be obtained prior to use of the commercial dock spaces at Dockside as shown in Appendix A.[1] All other docks shall be recreational except as provided
by ordinance.
[Amended 6-3-1998; 5-4-2022]
[1]
Editor's Note: Appendix A is included as an attachment
to this chapter.
G.
No vessels shall dock in the slip closest to any public
launching ramp except that docking for a period not to exceed 10 minutes
shall be allowed for purposes of loading and unloading only.
H.
The area on the north side of Dockside Dock G opposite
where the fire boat is located, and the area on the south side of
Dockside Dock F, where the municipal electric boat is located, shall
be designated as areas for loading and unloading of passengers; provided,
however, that potential loading and unloading would not exceed 10
minutes.
[Amended 5-4-2022]
I.
No person shall be allowed to swim or bathe in the
area of the Town docks or to dive off the Town docks.
J.
Obstructing navigation. No vessel shall obstruct navigation
in the Smith River. No vessel shall be docked at the wall on the southeasterly
side of Smith River extending from the bridge on Main Street to the
cluster at the northwesterly end of the commercial dock.
K.
Boat trailer parking.
(1)
Boat trailer parking is limited to the Glendon Street
Parking Lot at the end of Glendon Street and the Mast Landing parking
area. There will be a penalty of $15 for each boat trailer parked
on Town roads or streets with an additional penalty of $15 if the
trailer is attached to the towing vehicle.
(2)
Exceptions. A motor vehicle with a boat trailer may
park temporarily for a maximum of 1/4 of an hour in any public parking
space.
(3)
Pop Whalen boat trailer storage.
[Added 9-19-2012]
(a)
Island tax payers and their visitors may obtain an island boat
trailer permit that will allow them to park their boat trailer at
the Pop Whalen Arena gravel parking lot located at 390 Pine Hill Road
(Route 109A).
(b)
Boat trailer owners should contact the Tax Collector's office
at Town Hall to obtain an island boat trailer storage sticker.
(c)
Boat trailers parked at Pop Whalen Arena without an island boat
trailer parking permit will be ticketed and impounded.
(d)
Boat trailers shall be parked on the gravel portion of the parking
lot only. No trailer shall be parked on the paved portion of the parking
lot.
(e)
All boat trailers must be backed in perpendicular to the edge
of the parking lot; no parallel parking.
(f)
Boat trailers may be parked in the Pop Whalen Parking Lot from
April 1 through October 1.
(g)
Any boat trailers left on site outside of the above dates will
be ticketed and impounded.
(h)
The gate to the parking lot is left open 24 hours per day and
is lit at night.
(i)
The Town takes no responsibility for boat trailers that are
damaged or stolen while being stored on Town property.
L.
Time limits on docking. Except as set forth below,
docking of boats at all Town docks is limited to four hours between
the hours of 6:00 a.m. and 6:00 p.m. No docking of boats at said docks
is permitted between 1:00 a.m. and 6:00 a.m.
M.
Island resident parking.
(1)
The second dock closest to the Main Street bridge
in Back Bay and the outermost side of both docks at Mast Landing are
restricted to boats displaying an island resident boat parking sticker.
Boats displaying the island resident boat parking stickers are not
subject to the four-hour limit set forth above when parked at these
designated locations.
[Amended 7-15-2015]
(2)
Island resident boat parking shall be permitted at
Dock A at Dockside during periods of high water and low water when
passage under the Smith River Bridge restricts passage; and further
limited to the time frame between ice out and the day before Memorial
Day weekend and from the day after Labor Day to the end of the fall
boating season.
[Added 3-7-2001; amended 5-4-2022]
N.
Marinas. No overnight occupancy of boats docked or
moored at a marina shall be permitted unless adequate toilet facilities,
as approved by the Wolfeboro Health Officer, are available at the
marina.
O.
Commercial use. With the exception of the ramp and
dock at the Libby Museum, there shall be no docking, loading or unloading
of commercial barges at any dock, wharf, landing or right-of-way owned
by or under the control of the Town of Wolfeboro. Commercial use of
the dock and ramp at the Libby Museum shall be allowed by permit only,
subject to the following conditions:
(1)
Hours of commercial use shall be from 7:00 a.m. to
7:00 p.m., Monday through Friday, and from 7:00 a.m. to 1:00 p.m.
on Saturday, limited to two hours for loading and unloading.
(2)
No overnight docking shall be permitted.
(3)
Storage of materials is prohibited at all sites, including
the Libby Museum.
(4)
Parking of construction vehicles is prohibited in
the parking lots in front of and at the rear of the Libby Museum.
(5)
A flagman wearing a fluorescent vest shall be in attendance
to direct traffic.
(6)
The commercial use fee for each permit issued pursuant
to this section shall be $3,000 annually per Barge Company.
[Amended 5-4-2022]
(7)
A bond, letter of credit, bank check or cash in the
amount of $1,500 in favor of the Town of Wolfeboro shall be posted
prior to the issuance of a permit to cover the cost to repair any
damages resulting from the commercial use pursuant to this section.
P.
Carrying passengers for hire. Any vessel engaged in
the carrying of passengers for hire must obtain a commercial vessel
landing permit from the Wolfeboro Board of Selectmen prior to docking
at the Town docks. At Dockside, all vessels engaged in the carrying
of passengers for hire must use the commercial dock slip, except as
otherwise provided.
Q.
No boats,
as defined in RSA 270:2, shall be docked in that area of the Town
docks designed as accessible docking (handicap docking), unless such
boat displays a windshield placard issued under RSA 261:88 or displays
the international symbol of access. Docking spaces designed as accessible
(handicap) shall be marked in accordance with the provisions of RSA
265:73-a by affixing signs to posts, docks or other areas so as to
be clearly visible to anyone approaching the area by boat.
[Added 6-11-2008]
(1)
The
accessible (handicap) docking area shall be utilized only if a person
with a disability is being transported in or is operating a boat to
or from the docking area.
(2)
The same time limit restrictions will apply to accessible (handicap) spaces as stated in Subsection L above.
(3)
Any
person convicted under this subsection shall be fined not less than
$250.
The Board of Selectmen will issue a boat parking
sticker to island residents, one per household, upon application and
proof of island residency. Said sticker shall be affixed to the windshield,
or, in the case of a boat which does not have a windshield, placed
in a readily visible location.
A.
Except as provided in § 36-5O, all vessels using the Town docks for commerce of any kind must obtain a commercial vessel landing permit (CVLP) from the Board of Selectmen.[1]
[1]
Editor's Note: The applications for a commercial vessel landing
permit and sign permit are available on the Town's website at https://www.wolfeboronh.us/sites/g/files/vyhlif8406/f/uploads/cvlp_and_sign_0.pdf.
B.
The CVLP shall be valid under such conditions as determined
by the Board of Selectmen.
C.
Each vessel will require an individual CVLP.
D.
The application for the CVLP submitted to the Board
of Selectmen shall contain the following information and such other
information as the Board of Selectmen shall deem necessary:
(1)
The name of the vessel.
(2)
The home port, address and telephone number of the
vessel operator/owner.
(3)
An estimate of the number of annual landings (one
round trip constitutes two landings).
(4)
A listing of desired landing times and location(s)
to be reserved for that vessel. Landing times will be finalized by
the Board of Selectmen and will be established in such a manner as
to assure public safety and to avoid congestion and/or overlapping
landing times at the Town docks.
(5)
A statement indicating the operator's agreement to
accept responsibility and to reimburse the Town for damages to the
Town docks caused by the operator's vessel, normal wear and tear excepted.
The applicant shall also provide the Board of Selectmen with proof
of insurance and other information required by the Board for the efficient
administration of the CVLP.
E.
The CVLP shall be carried aboard the vessel at all
times when the vessel is using the Town docks.
F.
The fees for the CVLP shall be called "landing fees"
and shall be $0.04 per foot of overall boat length for each landing.
G.
The CVLP shall be based on actual landings and shall
be paid as follows:
(1)
Payment one: 33% of the estimated annual fee at the
time the permit is issued.
(2)
Payment two: 33% of the annual fee estimate to be
paid on or before July 1 of that year.
(3)
Payment three: the balance of the annual fee based
on actual landings to be paid not later than December 15 of that year
H.
Each CVLP shall be permitted one sign. Said sign shall comply with
the following requirements:
[Added 11-6-2013[2]]
(1)
Sign location: Sign placement shall be limited to the mounting between
the white railings in front of the smaller commercial dock.
(2)
Sign size: not to exceed 20 inches by 40 inches.
(3)
Sign content: The information on the sign shall be limited to only
the vessel noted on the permit. All packet/handout item shall be contained
on the sign or mounted directly below the sign.
(4)
Sign placement: The two vessels having the longest history of receiving
a CVLP from the Board of Selectmen shall have rights to signage being
placed between the top and middle rail, all others shall be placed
between the middle and bottom rail.
[Amended 5-4-2022]
I.
No CVLP will be issued until all of the prior year's
fees have been paid in full.
J.
Failure to comply with the requirements of the CVLP
landing fee program will result in a fine to be imposed by the Board
of Selectmen in an amount not to exceed $100 per unauthorized landing.
K.
Allocation of CVLP Revenues. CVLP revenues shall be
set aside in a manner to be determined by the Board of Selectmen.
The set aside CVLP revenues will be available exclusively for the
maintenance and improvement of the Town docks and the Dockside and
Cate Park areas.
Except as otherwise provided in § 36-7, any person violating any of the provisions of this section shall be fined $100 for the first offense and $100 for each subsequent offense. Fines are payable within 48 hours at the Wolfeboro Police Station.
Nothing contained in this chapter shall be construed
as repealing or modifying any other ordinance or regulation of the
Town. Nor shall this chapter shall be construed as repealing or modifying
any private restrictions placed upon property by covenants running
with the land to which the Town is a party, but shall be in addition
thereto.
If a section, subsection or provision of this
chapter is for any reason found to be invalid, such invalidity shall
not affect the validity of the remaining portion of this chapter.
The Board of Selectmen shall have the authority
to amend the chapter. Before acting upon any amendment, the Board
of Selectmen shall hold a public hearing thereon. Notice of the public
hearing and the proposed changes shall be published in a newspaper
of general circulation in the Town of Wolfeboro and posted in two
public places in the Town at least seven days prior to the public
hearing.
