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:
COMMERCIAL MOORING
Shall mean any mooring place in the Salisbury waters for
which a rental or service fee may be charged.
DESIGNATED MOORING
As permitted by the Army Corps of Engineers and/or Salisbury
Harbormaster.
[Amended 5-18-2009 ATM by Art. 23]
DETACHED FUEL TANKS
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]
DINGHY
A vessel not exceeding 12 feet in overall length, used primarily
for access to a moored vessel.
FAIRWAY
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]
GROUP MOORING
Shall be any group of moorings for which a single permit
is issued, except designated moorings.
HARBORMASTER
Shall be considered to be the Harbormaster, Assistant Harbormaster
or any authorized agent.
HEADWAY SPEED
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]
INDIVIDUAL MOORING
Shall mean any mooring placed in Salisbury waters for the
owner's private use.
LENGTH OVERALL (LOA)
Shall be the length of a vessel inclusive of bowsprits, booms
and boomkins, pulpits, swim platforms, engines or extensions.
MOORING
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]
NAVIGABLE CHANNEL
Shall mean that area of water in the Merrimack River buoyed
by the U.S. Coast Guard.
OPERATOR
Shall mean any person engaged in the operation or navigation
of a vessel.
PERSON
Shall include individuals, corporations, clubs, associations,
and partnerships, including their agents.
SALISBURY HARBOR
Shall be all tidal waters under the jurisdiction of the Salisbury
Harbormaster and lying within the boundaries of the Town.
SMALL BOAT FACILITY
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]
TOWN DOCK
Shall include the Town Pier, parking area, bulkhead and floats
and all appurtenances.
VESSEL
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.
[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.