A.
It is the intent of this article to establish regulations
for marine activities within the harbors, waterways and tidal waters
of the Town in order to ensure safety of persons and property, to
promote availability and use of a valuable public resource and to
provide for safe navigation.
B.
Regulations governing the safe operation of vessels
in the harbor and regulations protecting the environment are also
contained herein.
C.
These regulations apply in all parts of Salisbury waters which are under the jurisdiction of the Salisbury Harbormaster as defined in MGL c. 90B and in § 102-5 above.
[Amended 5-18-2009 ATM by Art. 23]
D.
The regulations promulgated herein are in addition
to the requirements of state and federal law.
The following words, terms and phrases, when
used in this article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
See "navigable channel."
Shall mean any mooring place in the Salisbury waters for
which a rental or service fee may be charged.
As permitted by the Army Corps of Engineers and/or Salisbury
Harbormaster.
[Amended 5-18-2009 ATM by Art. 23]
A fuel tank not connected by hose or line to an outboard
motor. An example of a detached tank would be a separate, portable
tank (for refilling).
[Amended 5-18-2009 ATM by Art. 23]
A vessel not exceeding 12 feet in overall length, used primarily
for access to a moored vessel.
Shall mean locally designated channels to improve passage
through the mooring field and is shown on the Official Salisbury Harbor
Map approved by the Harbormaster.
[Amended 5-18-2009 ATM by Art. 23]
Shall be any group of moorings for which a single permit
is issued, except designated moorings.
Shall be considered to be the Harbormaster, Assistant Harbormaster
or any authorized agent.
The minimum speed at which a vessel may be operated and maintain
steerage way, with minimal wake, not to exceed six miles per hour.
[Amended 5-18-2009 ATM by Art. 23]
Shall mean any mooring placed in Salisbury waters for the
owner's private use.
Shall be the length of a vessel inclusive of bowsprits, booms
and boomkins, pulpits, swim platforms, engines or extensions.
Any structure or apparatus including buoys, vessels, floats
and rafts held by appropriate anchors (including helical) or bottom
moorings.
[Amended 5-18-2009 ATM by Art. 23; 5-15-2017 ATM by Art. 16]
Shall mean that area of water in the Merrimack River buoyed
by the U.S. Coast Guard.
Shall mean any person engaged in the operation or navigation
of a vessel.
Shall include individuals, corporations, clubs, associations,
and partnerships, including their agents.
Shall be all tidal waters under the jurisdiction of the Salisbury
Harbormaster and lying within the boundaries of the Town.
Shall include all properties as leased to the Town of Salisbury
by the MBTA for a boating facility.
[Added 5-18-2009 ATM by Art. 23]
Shall include the Town Pier, parking area, bulkhead and floats
and all appurtenances.
Shall include any ship, boat or any other type of watercraft
including personal watercraft being used as a means of transportation
on the water and other floating structures such as barges and rafts.
A.
Establishment. The Harbor Commission shall establish
fees and may amend them, from time to time, for all the facilities
governed by this article. The Commission shall establish fees, subject
to approval of the Board of Selectmen. The fee schedule shall be published
and available to the public upon request.
B.
Accounts and appropriations. All of the fees collected under Subsection A above and any money generated through this article shall be deposited into a revolving fund as designated by the Town Meeting for the sole purpose of returning the fees to the management and operation of the harbor. Revenues shall not be appropriated from these accounts for any expense except harbor operation, maintenance to the harbor, educational activities related to boating and boating safety, capital improvements to the harbor and its assets, and for matching state and local grants for harbor-related projects. Approval of the Harbor Commission shall be necessary to appropriate these funds for harbor-related operations.
[Amended 5-18-2009 ATM by Art. 23]
A.
Violations of the foregoing sections of these regulations shall be
punished by a fine of not less than $50 and not more than $300 per
violation. Each day of violation may constitute a separate offense.
[Amended 5-18-2009 ATM by Art. 23; 10-24-2016 ATM by Art. 10; 5-15-2017 ATM
by Art. 16]
B.
Prosecution shall be under MGL c. 102, MGL c. 90B, CMR 323, this
chapter, and all applicable laws.
[Amended 5-18-2009 ATM by Art. 23; 5-15-2017 ATM by Art. 16]
C.
Any fees, which are not paid, may be converted to
a civil assessment payable to the Town.
D.
Nonpayment of waterways or mooring fees and/or removal
of vessels for nonpayment of same shall result in loss of permanently
assigned berthing for a minimum of one twelve-month period.
[Amended 5-18-2009 ATM by Art. 23]
A.
Speed.
(1)
It shall be unlawful to operate or permit the operation of any motorboat
or other vessel propelled by machinery at a speed exceeding six miles
per hour and/or causing a disturbing wake in any designated mooring
areas of the Salisbury waters within Town limits.
[Amended 10-27-2014 ATM
by Art. 26]
(2)
Wake and speed. Notwithstanding the speed limit established in Subsection A(1) above, no vessel shall create a wake or operate at a speed which endangers life, safety or property of any person in Salisbury waters. In narrow channels, designated mooring areas, or where posted, the speed of all vessels shall be reduced to the minimum speed required for safe steerage of the vessel.
(3)
All stand-up paddleboard users in Salisbury waters, when not in a
bathing, swimming, or surf zone, are required to have a Type I, II,
or III personal flotation device (PFD) on board, or be wearing a Type
V inflatable device.
[Added 10-27-2014 ATM
by Art. 26]
B.
Unlawful pollution and discharges. No oil, petroleum products, chemicals,
untreated sewage, rubbish, debris or garbage shall be disposed of
within Salisbury waters. No cleaning of fish is permitted on Town
facilities except where designated by the Harbormaster.
C.
Windsurfing; waterskiing: personal water craft (PWC) operation kayaking
and canoeing.
(1)
Windsurfers and water skiers are not to operate in the navigable
channel of the river or in mooring areas from the Ice Breaker to west
of Carr Island.
(2)
Personal water craft may operate in the channel at a no-wake speed
not to exceed six miles per hour. Operators of personal water craft
must be in a seated or kneeling position and must proceed in a direct
route without switching back and forth in the channel. Jumping of
wake is prohibited.
(3)
If a windsurfer or water skier is obligated to cross the marked channel
he shall do so at right angles and with due care to the traffic flow
in the marked channel so as not to create a hazard to river traffic.
D.
Safety regulations.
(1)
No person shall operate a vessel in Salisbury waters so as to endanger
the lives, safety or property of others.
(2)
No person shall operate a vessel in Salisbury waters while under
the influence of intoxicating liquors or drugs.
(3)
No person shall operate a motorized vessel within 150 feet of any
beach or swimming area, or within 300 feet of any oceanfront beach.
This restriction extends to 300 feet from any oceanfront beach or
swimming area while towing water skiers, aquaplanes or similar devices.
[Amended 10-27-2014 ATM
by Art. 26]
E.
Obstructions. Obstructions to safe navigation of the Salisbury waters,
including but not limited to derelict and/or abandoned vessels, shall
be subject to removal by the Harbormaster without notice. Obstructions
removed and stored by the Harbormaster shall be at the expense of
the owner, said expenses shall include all costs and labor.
F.
Races, marine events, and regattas.
(1)
No boat race, marine event, or regatta shall be held in Salisbury
waters without first obtaining a U.S. Coast Guard permit and notifying
the Harbormaster and providing the Harbormaster with a copy of the
Coast Guard permit for the race or regatta.
(2)
All races, marine events, and regattas in Salisbury waters must be
operated under the supervision of a race or regatta committee. All
such committees shall, prior to their activity, file a written statement
with the Harbormaster, two months prior to the event, containing the
following information:
(a)
The identity, address and telephone number of the group or organization
sponsoring the activity.
(b)
A brief description of the activity, time of commencement, an
estimate of hours and/or days, location specifying the course to be
run, date of the activity and any alternative dates in the event of
a weather postponement, and a listing of the fees to be charged.
(c)
A roster of the names and addresses and phone numbers of the
members of the committee responsible for the organization and conduct
of the activity.
(d)
A brief statement of the efforts by the committee to publicize
the activity sufficiently such as will give reasonable notice to the
boating public of the time, date, place and nature of the activity
and thereby warn the public of courses to be run by participants and
areas to be closed to the public during the activity. Warning the
public can be accomplished through notice to marinas. All races and
regattas shall be accompanied by at least one motor-powered committee
vessel. Committee boats must keep a constant monitor on VHF Channel
12 and have the ability to monitor on VHF Channel 16 for the duration
of the race.
G.
Fueling.
(1)
Fueling is permitted only at licensed fuel docks in accordance with
the State Fire Marshal Code 527 CMR 1 through 50; fueling from portable
containers will not be allowed at the Town Dock. Refueling at other
than licensed fuel docks is a violation.
(2)
No detached fuel tanks or containers shall be stored on board vessels
tied at the Town Dock.
H.
Any person who shall refuse or neglect to stop when signaled or requested
to do so by a person empowered to enforce this by law, or who refuses
to produce his identification or vessel registration or documentation
shall be punished by a fine of $100.
[Added 5-15-2017 ATM
by Art. 16]
The Town assumes no responsibility on account
of fire, theft or damage of any nature to any vessel or property connected
therewith, nor for personal injury to any person arising out of the
use of waterways under the jurisdiction of the Town or any facility
in or related to the waterways. Any person using any Town facility
for the conduct of a permitted activity shall file a statement with
the Harbor Commission indemnifying and holding the Town harmless from
any lawsuit arising out of the conduct of the permitted activity by
anyone.
[Amended 5-18-2009 ATM by Art. 23; 10-27-2014 ATM by Art. 26]
No mooring or waterways permit shall be assigned
to any person who is in arrears on any boat excise tax, mooring, waterways
permit fees, or pump-out fee, due and payable to the Town, for any
year present or previous. Proof of the payment shall be submitted
with application for a mooring or waterways permit.
A.
The operator of a vessel involved in an accident shall
render all practical and necessary assistance to persons affected
by the accident to the extent possible without serious danger to life,
crew, passengers or the vessel.
B.
The Harbormaster shall be notified within 24 hours
of all accidents which are required to be reported by MGL c. 90B,
§ 9, and shall also be notified of any accident which results
in environmental damage or navigational obstructions. The Harbormaster
should be notified as soon as possible of the accident. A written
report shall be submitted within five days of the accident if the
accident results in loss of life, injury requiring medical attention,
loss of consciousness, property damage in excess of $200 or disappearance
of any person on board under circumstances which suggest the possibility
of injury or death. The operator and owner of the vessel(s) are responsible
for this report. A copy of the report required by MGL c. 90B, § 9
filed with the Harbormaster will satisfy the written report requirement.
[Amended 10-23-2006 ATM by Art. 2; 5-18-2009 ATM by Art. 23]
C.
No vessel, mooring or other object shall be abandoned,
sunk or placed where it may constitute a hazard to navigation.
D.
Any vessel, mooring or object constituting a hazard
to navigation, and any vessel or object improperly secured, swamped,
sunk, washed ashore or found in a restricted area, may be removed
or relocated at the direction of the Harbormaster if corrective action
is not taken by the owner immediately upon being notified by the Harbormaster.
E.
The expense of such removal or relocation and liability
therefor shall be the responsibility of the owner.
F.
Nothing in these sections shall restrict earlier action
by the Harbormaster or an Assistant Harbormaster, with or without
notifying the owner, if, in his judgment, such action is necessary
to protect life or property.
G.
In the event a vessel is towed under the provisions of this bylaw,
or is otherwise lawfully towed, any person authorized to enforce MGL
c. 90B or this bylaw shall not be liable and shall remain harmless
for any act or omission in providing or arranging such towage or other
assistance unless such person acts recklessly or with gross negligence.
[Added 5-15-2017 ATM
by Art. 16]
A.
Waterways, mooring and dinghy permits generally.
[Amended 10-27-2014 ATM
by Art. 26; 5-15-2017 ATM by Art.
16]
(1)
Terms and requirements. Waterways, mooring and dinghy permits for slips, floats, moorings or other docking mechanisms shall be issued by the Harbormaster according to the terms and requirements of the applications and available space in accordance with Subsection F.
(2)
Fees. Fees for waterways, mooring and dinghy permits issued by the Harbormaster shall be those authorized under § 102-12.
(3)
Waterways permit fees shall apply to all vessels, greater than 12
feet OAL or equipped with a 15 or more horsepower motor, moored or
berthed in Salisbury waters for a period of two weeks or more during
a calendar year.
(4)
The waterways permit shall be affixed to the upper right hand corner,
on the outside, of the vessel's transom, not covering the vessel
HIN number.
(5)
Failure to display a current waterway permit is a violation of this
bylaw.
(6)
Nonpayment of waterways or mooring fees shall be a violation of this
bylaw and may result in fines and/or the removal of vessels. All costs
incurred shall be the responsibility of the vessel owner.
(7)
Dinghies tied to the Town floats shall not exceed 12 feet in overall
length, except by special permit issued by the Harbormaster.
B.
Individual mooring permits.
(1)
Annual permit required; applications.
(a)
No person shall establish or maintain a mooring
or float (including temporary floats) within the waters of Salisbury
harbor without first obtaining an annual mooring permit from the Harbormaster.
Applications for mooring permits may be submitted to the Harbormaster
after January 1 of any calendar year and shall contain such information
as prescribed by the Harbormaster. Applications may be obtained from
the Harbormaster.
(b)
Floats, rafts, and mooring of boats held by
anchors or bottom mooring installed without permission from the Harbormaster
shall be considered a public nuisance and may be removed by the Harbormaster
at the expense of the owner in the event he/she fails to remove same
after notice from the Harbormaster. For the purpose of this section,
"temporary" shall mean not longer than to the end of any given calendar
year.
(c)
No permit shall be issued without prior payment
of all appropriate fees by the applicant, including, but not limited
to, prior years' waterways fees, mooring fees, and boat excise tax
if applicable.[1]
[1]
Editor’s Note: Former Subsection B(1)(d), regarding dinghies tied to the Town floats, which immediately followed this subsection, was repealed 5-15-2017 ATM by Art. 16. See now § 102-18G(1).
(2)
Issuance; waiting list.
(a)
Permits will be denied if the Harbormaster determines
that the mooring will constitute a hazard to navigation, will not
conform to the requirements of these regulations, or will otherwise
not conform to the requirements of law or rights of the public. Permits
will be issued for one calendar year only.
(b)
Individual mooring permits are not transferable.
(c)
Upon issuance of a permit, the Harbormaster
will assess a mooring location and specify the marking and number.
(d)
The Harbormaster will keep a chart available
for public inspection at the Town Hall which clearly indicates the
mooring areas permitted.
(e)
The Harbormaster shall keep a waiting list of boaters requesting
available space and shall not discriminate against any person based
upon race, religion, sex or other legal distinction. Continuation
on a waiting list requires annual payment of a wait list fee to be
qualified for selection. Priority for the issue of permits to persons
on the waiting list will be to qualified boaters in this order: date
of application and assignment to the waiting list, and subject to
the size and type of boat related to the space available. Copies of
the up-to-date waiting list must be made available to the public by
the Harbormaster upon request.
[Amended 5-18-2009 ATM by Art. 23; 5-15-2017 ATM by Art. 16]
C.
Group mooring permits.
(1)
In lieu of obtaining individual permits, boating clubs
or other organizations, such as yacht clubs and marinas, may apply
annually to the Harbormaster for a group mooring permit for a specified
mooring area.
(2)
Commercial and group permits may be transferred with
the approval of the Harbormaster and such approval shall not be unreasonably
withheld, provided that the Harbormaster shall find the transfer in
the public interest.
(3)
The facilities of any marina located within the Town
shall be available for use by the general boating public, providing
they abide by the marina's fee structure and all lawful regulations
of the marina.
(4)
The maximum term of any contract or agreement relating
to slip facilities shall not continue beyond December 31 of any year
of issue.
(5)
Group permit/marinas or slip owners shall provide to the Harbormaster
a list of the renters of moorings and/or slips to include name, address,
and telephone number of the owner, name of the vessel, registration
or documentation numbers, length overall, year of manufacture, private
and business address and phone numbers of renters by May 1 and August
1 of each year. The Harbormaster shall send a copy of this list to
the Town Assessors to ensure imposition of the boat excise tax.
[Amended 5-15-2017 ATM by Art.
16[2]]
[2]
Editor's Note: This article also repealed former Subsection
C(6), regarding vessel owners at slips or moorings who have not paid
their boat taxes, which immediately followed this subsection.
D.
Guest moorings. The Harbormaster will designate mooring sites to be used by transient guests. The length of stay shall be limited to 72 hours. Extensions shall be at the discretion of the Harbormaster. The fee shall be as outlined in § 102-12.
E.
Forfeiture of permit; abandoned mooring tackle.
(1)
A permittee may relinquish his permit at any time upon notification to the Harbormaster. Any mooring tackle not removed within 30 days after receipt of such notification shall be considered abandoned and may be removed pursuant to Subsection E(3) below.
(2)
A permittee may be deemed to have forfeited his/her
permit by reason of any of the following not corrected within 48 hours:
(a)
Locating the mooring at a place other than that
specified on the permit.
(b)
Failure to pay annual mooring fee or excise
tax when due.
(c)
Failure to repair or replace a mooring within
30 days after being advised, by the Harbormaster, that the mooring
is defective or within such lesser time as specified by the Harbormaster
if circumstances should require.
(d)
Failure to otherwise comply with the terms,
conditions or restrictions placed on the permit by the Harbormaster.
Upon written notification of forfeiture by the Harbormaster, the permittee
shall remove or otherwise dispose of the mooring.
(3)
Any abandoned or forfeited mooring, or any mooring
installed in the waters of Salisbury harbor without the permission
from the Harbormaster, shall be considered a public nuisance and may
be removed by the Harbormaster at the expense of the owner in the
event he fails to remove same within 48 hours after notice in writing
from the Harbormaster. The notice shall be secured to the mooring
and mailed to the owner's address as given in the owner's mooring
permit application, if available.
F.
Installation and inspections.
(1)
General regulations for placement of moorings, floats
and other structures.
(a)
Setbacks. All structures shall be set back a minimum of 25 feet
from the projected property line to provide a swing area unless a
lesser setback is mutually agreed upon by the adjacent property owner
and submitted, in writing, to the Harbor Commission for approval.
All structures shall be set back a minimum of 30 feet from a federal
channel, navigable channel or fairways.
[Amended 5-15-2017 ATM
by Art. 16]
(b)
Structures requiring an Army Corps of Engineers
general permit. All structures requiring a general permit from the
Army Corps of Engineers (including boats) shall project not more than
200 feet into the Merrimack River from the shore (to be measured perpendicular
from the mean high-water mark of the outermost portion of the property).
In certain geographic locations, constraints posed by narrowness or
shallowness of the channel and/or severity of the current may not
allow the project to extend the full 200 feet into the river. The
Harbor Commission shall review for approval all general permits on
a case-by-case basis. Holders of Army Corps of Engineers/MGL c. 91
permits shall provide a copy of said permit to the Harbormaster within
10 working days of written notification.
(c)
Structures requiring individual permit from the Army Corps of Engineers. All structures requiring an individual permit from the Army Corps of Engineers will be reviewed for approval on a case-by-case basis by the Harbor Commission to determine maximum projections into the river. The setback between structures shall be as required in Subsection F(1)(a) above.
(2)
Moorings/dockage specifications and inspections.
(a)
Mooring specifications. The suitability of mooring
tackle for a particular installation will be judged on a case-by-case
basis with reference to the standard set forth in the most recent
edition of Chapman's "Piloting and Seamanship."
(b)
Owner inspections. Each permittee shall inspect
or shall cause his/her mooring to be inspected each season. Winter
logs or metal kegs shall not be used in the harbor.
(c)
Harbormaster inspections. All moorings are subject
to Harbormaster inspections at any time. No notice is required for
underwater inspections. Notice of at least five working days will
be given if a mooring is to be hauled for inspections. Mooring installations
found to be defective will be subject to loss of mooring permit if
not corrected within the time specified by the Harbormaster. The maximum
time allowed shall be 48 hours. All costs incurred shall be the responsibility
of the mooring permit holder.
(d)
All mooring buoys shall be white with a blue
stripe, as designated by the Harbormaster, and marked with the mooring
number assigned.
(3)
Mooring float systems.
(a)
Mooring float systems shall be stand-alone floats
not connected to the shore.
(b)
Floats shall be six to eight feet wide and no
more than 20 feet long unless otherwise approved by the Harbormaster.
[Amended 5-18-2009 ATM by Art. 23]
(c)
Commercial mooring float systems controlled by marinas and commercial
operators shall be approved by the Harbormaster prior to installation
and shall not exceed 40 feet in length.
[Amended 5-15-2017 ATM
by Art. 16]
(d)
All new float flotation shall be polyethylene
tanks filled with contained flotation material to prevent contamination
of the estuary environment.
(f)
Floats shall, at all times, be kept free of appurtenances.
(g)
Mooring tackle shall be a minimum of one-half-inch galvanized chain,
bottom anchored at two points, fore and aft.
(h)
Mooring chain length shall be 15 feet plus the length of the depth
of the water at mean high tide.
(i)
Floats shall be used for dockage only. Storage of fishing gear, materials,
or any other objects shall not be allowed.
[Amended 5-18-2009 ATM by Art. 23]
(j)
No more than two boats shall be moored to a single mooring float
system without Harbormaster permission.
[Amended 5-18-2009 ATM by Art. 23]
(k)
No deep draft boats shall be allowed to moor at mooring floats without
written permission from the Harbormaster.
[Amended 5-18-2009 ATM by Art. 23; 5-15-2017 ATM by Art. 16]
(l)
All mooring float systems shall be approved by the Harbormaster prior
to installation.
G.
Town Dock.
[Added 5-15-2017 ATM by Art. 16[4]]
(1)
Dinghies tied to the Town floats shall not exceed 12 feet in overall
length, except by special permit issued by the Harbormaster.
(2)
Transient tie-up at/to Town floats is limited to 15 minutes.
(3)
Fishing is not allowed from floats at Town Dock.
(4)
No person shall place or store traps, fishing gear or other equipment
or anything of whatsoever nature on any part of the Town Dock or parking
lot without a special permit issued by the Harbormaster and then only
for such time as set forth and described in said permit. However,
traps, fishing gear and other equipment may be placed on a common
landing area for the purpose of and while actually engaged in loading
and unloading from boat to vehicle or vehicle to boat, provided foot
and vehicle traffic are not obstructed.
[4]
Editor's Note: This article also repealed former Subsection
G, regarding nonpayment of waterways or mooring fees, added 10-27-2014
ATM by Art. 26.