[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.
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:
A.Â
Minimum of one toilet and one lavatory for each sex up to 20 boat
docking slips and/or permanent mooring buoys.
B.Â
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.
C.Â
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.
D.Â
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.
