[HISTORY: Adopted by the Annual Town Meeting of the Town of Fairhaven 4-3-1971 by Art. 78 (Ch. XIX of the 1934 Bylaws). Amendments noted where applicable.]
As used in this chapter, the following words shall have the following meanings:
- Any vessel or watercraft moved by oars, paddles, sails or other power mechanism, inboard or outboard, or any other vessel or structure floating upon the water, whether or not capable of self-locomotion.
- All areas where four or more boats are berthed, anchored, tied, stored, docked or otherwise kept, whether private or public, and includes a boat or boats for hire.
- Any person who alone or jointly or severally with others, or any partnership, corporation or other entity who or which holds legal or equitable title to a marina.
- Sewage, garbage, trash and debris, chemicals, petroleum products or any other materials which might contaminate or degrade the water quality.
- WATERS OF THE TOWN OF FAIRHAVEN
- All streams, lakes, marshes, ponds, watercourses, waterways and all other bodies or accumulations of water, natural or artificial, public or private, laying within the corporate boundaries of subject town.
All owners of marinas or areas where boats are berthed shall provide adequate toilet facilities, portable water supply and garbage containers which meet the requirements of the Board of Health. The Board of Health may designate the location of such facilities.
Toilet facilities will be required at a marina in accordance with the following standards:
Minimum of one toilet and one lavatory for each sex up to 20 boat docking slips and/or permanent mooring buoys.
Additional facilities above the minimum shall be provided at the rate of one toilet and one lavatory for each sex for every additional 30 boat docking slips and/or permanent mooring buoys, or fraction thereof.
At the discretion of the local Health Officer, when boats are being utilized as residences for twenty-four-hour periods, a minimum of two showers for up to 40 boat docking slips and/or permanent mooring buoys and additional facilities shall be provided at the rate of two showers for each additional 40 boat docking slips and/or permanent mooring buoys, or fraction thereof.
All of these facilities must be connected in an approved manner to water supply and sewage disposal systems as approved by the local Board of Health.
Houseboats used as residences shall not dock in waters covered by this chapter unless approved by the local Board of Health.
It shall be the responsibility of every owner to see that toilet facilities on boats shall not be used when berthed. Adequate toilet facilities on shore shall be provided for all boat owners and guests. All marine toilet facilities (marine heads) shall be kept locked or sealed when berthed.
[Added 5-5-1990 ATM by Art. 22]
In all marinas where 10 or more slips are available for boat docking, boat pump-out facilities shall be provided by the marina for use by the patrons. Boat pump-out facilities are those mechanisms which effectively pump wastes from the marine toilet facilities (marine heads) to an approved disposal area, such as a sewer or approved tight tank. Said facilities are to be under the jurisdiction of the Board of Health and other local and state approving authorities. All existing marinas must have these facilities approved and available for their patrons use within six weeks of the effective date of this chapter.
No sewage, garbage, refuse or other contaminants shall be discharged from marine craft into any waters covered by this chapter at any time.
Local Board of Health personnel and/or authorized representatives shall have the right of entry to board any marine vessel or boat to determine whether or not a pollution violation exists.
All owners of marinas or other berthing areas will be sent a copy of this chapter, and it shall be maintained as a record for the public to review.
An application for an annual permit will be sent to the owners of berthing areas prior to January 1 of each year. This form shall be completed and returned to the local Board of Health. This permit may be revoked at any time by the local Board of Health if any of the provisions of this chapter are violated.
All marinas shall obtain an annual permit from the local Board of Health. Such permits shall be posted in a conspicuous place at all times.
Anyone who willfully violates this chapter will be subject to a fine not to exceed $100 for each violation.
All existing marinas shall have a period of two years from the effective date of this chapter to be brought up to the minimum standards for this chapter, in so far as the requirements for the provisions of sanitary accommodations are concerned.
Where it is adequately shown to the local Board of Health that extreme financial hardship would be caused to a marina owner in meeting the minimum standards of this chapter, the local Board of Health may extend the time for meeting compliance, but such an extension shall not exceed two years from the date of enactment, provided that said owners agree in writing to a schedule which will indicate all work to be done and the times for its completion within the extension period.
This chapter may be revised and/or added to within the provisions of laws of the town. This chapter shall take effect upon approval by Town Meeting vote as provided for in the bylaws of the town and after approval of the Attorney General in accordance with MGL c. 40, § 32.
The local Board of Health may designate all authority granted by this chapter to a designated agent who will have full power and effect of said Board in investigation and enforcement of this chapter.