[HISTORY: Adopted by the Board of Selectmen
of the Town of Dennis 3-16-1982; amended 3-22-1983. Subsequent amendments noted where applicable.]
D.
Berthing.
(1)
All vessels entering Town of Dennis waters are subject
to the direction of the Harbormaster, who shall be consulted before
anchoring or tying up to any of the town-owned facilities or moorings.
E.
Negligent operation.
(1)
No person shall operate any motor boat or any other
vessel in a reckless or negligent manner as to endanger the life,
safety or property of any other person.
F.
Conduct.
(1)
All persons shall conduct themselves at all times in any waterways of the Town of Dennis, at Sesuit Harbor Municipal Marina (as defined in § 231-6A) or at any other facility in or related to waterways in the Town of Dennis in a peaceful and orderly manner so as not to create any annoyance, nuisance or hazard to any person.
G.
Violation of rules and regulations.
(1)
Any violation of any of these rules and regulations
shall, in addition to any penalties provided by law, be just cause
for the cancellation of the lease of any lessee of a slip or mooring
and the removal from the marina of any such violator and any boat
owned by said violator at the latter's expense. Nothing in this section
is intended nor should be construed to prevent the Harbormaster from
pursuing any rights or remedies available under law.
A.
Mushroom-type anchor or equivalent approved by the
Harbormaster.
|
Length of Vessel
(feet)
|
Weight
(pounds)
| |
|---|---|---|
|
Under 16
|
50
| |
|
16 to 20
|
75 to 100
| |
|
20 to 26
|
150
| |
|
26 through 32
|
200
|
B.
Chain size.
|
Length of Vessel
(feet)
|
Length
(feet)
|
Diameter
(inches)
| |
|---|---|---|---|
|
Under 16
|
15
|
5/16
| |
|
16 to 26
|
15
|
3/8
| |
|
26 through 32
|
15
|
1/2
|
C.
Pennant diameter.
|
Length of Vessel
(feet)
|
Nylon or Equivalent
(inches)
| |
|---|---|---|
|
Under 16 through 20
|
1/2
| |
|
20 to 26
|
5/8
| |
|
26 through 32
|
5/8 to 3/4
|
D.
Scope.
|
Length of Vessel
(feet)
|
Scope, Including Chain
(feet)
| |
|---|---|---|
|
Under 16 through 32
|
30
|
E.
Special conditions.
(1)
Present moorings may stay at existing overall scope.
If harbor conditions in these areas become congested in the future,
moorings shall be shortened in these tidal waters with chain two (2)
feet above mean high water and the length of the pennant equal to
the length of the vessel.
F.
Mooring buoys shall be painted white with a blue horizontal
band and be marked with the Town of Dennis permit number, which shall
be so marked and maintained as to be visible at all times.
(1)
Where winter spars or buoys are used, they shall be
clearly visible.
(2)
All flotation buoys shall be plainly and clearly visible
above any tide level at all times.
(3)
The Harbormaster Department will inspect all moorings
prior to installation, beginning in the spring through the summer.
(4)
All pennants shall be nylon or equivalent with adequate
mooring devices approved by the Harbormaster and/or his assistants
to eliminate the hazard of chafing. These will be checked annually
by the Harbormaster and/or his assistants.
(5)
The Harbormaster Department shall keep a detailed
record of the description of all moorings, their location, owner's
name, telephone number(s), home and business addresses, date of mooring
installation and the length and rig of the vessel using the mooring.
It shall be the responsibility of the mooring owner to advise the
Harbormaster Department of any change in the above record information.
Regulations governing mooring spaces in all waterways of the town are the same as those governing mooring spaces in Sesuit Harbor as set forth in § 231-5.
A.
The Town of Dennis, for the safety and convenience
of the boating public, will provide a patrol of Bass River at the
convenience and discretion of the town.
B.
This patrol will normally operate from June 20 up
to and including Labor Day of the calendar year.
C.
The harbormaster will annually promulgate an operating
procedure after consultation with the Waterways Commission.
A.
The Executive Secretary will regulate marina operations
and procedures in accordance with this policy through persons authorized
to represent the marina. This office will establish detailed duties,
practices and procedures to effectuate this policy.
B.
The Harbormaster will maintain full and complete records
of marina applications, use and operations, including chronological
waiting lists for both slip and swing mooring space, and perform other
responsibilities included in the harbormaster job description.
C.
The Executive Secretary will recommend to the Selectmen
appointment of a Harbormaster and assistants. Directions in general
shall be in writing and will include a schedule of working or on-duty
dates and hours.
D.
All use of the marina and its waters and shoreside
shall be subject to the rules and regulations included in the Sesuit
Harbor Municipal Marina Lease Agreement for Marina Space, which are
hereby incorporated in this policy, and shall be subject in all other
applicable provisions of the waterways regulations of the Town of
Dennis.
E.
The Harbormaster and assistants shall be charged with
enforcement of such rules and regulations.
F.
Charges for use of marina space during the boating
season (May through October) will be made as adopted by the Board
of Selectmen.
G.
Town slips and moorings.
(1)
Areas specified by the Harbormaster shall be reserved
for swing moorings, and no mooring may be installed or set therein
without prior inspection and approval by the Harbormaster or his designee.
(2)
A mooring space or slip relinquished by an assignee
for any reason shall, except as hereinafter provided, immediately
void all rights of the assignee to that mooring space or slip.
(3)
Moorings shall be removed by the assignee of a mooring
space when ordered to do so by the Harbormaster, for reasons such
as repair, dredging or navigational hazard.
(4)
Applications for assignment of swing mooring spaces
or town slips may be made by any person on forms provided by the Harbormaster
and shall be submitted annually to the Harbormaster on or before April
15 of each year and shall be accompanied by evidence of ownership
of a boat satisfactory to the Harbormaster and payment of the established
fee.
[Amended 6-22-1984]
(a)
All such applications on a waiting list on January
1 of each year, if not previously withdrawn, shall be deemed to be
renewed, and no additional application fee will be charged for said
renewal.
(b)
Application fees paid by applicants to whom
a mooring space or slip is assigned shall be credited with the amount
so paid upon assignment.
(5)
Each year the Harbormaster shall grant applications,
duly made, for mooring spaces and town slips in this order: first
to those applicants to whom a mooring space or slip was assigned on
October 31 of the preceding year and then to other applicants in the
same order by which completed applications were received by him, notwithstanding
the foregoing:
(a)
The surviving spouse of a decedent to whom a
mooring space or slip was assigned at the time of death or on the
preceding October 31 shall have all the rights respecting the use
and assignment of the mooring space or slip that the decedent would
have had if he had lived.
(b)
Only one (1) application or assignment for a
slip or mooring will be accepted per household. A household may have
both a slip and mooring application or assignment
(c)
The Harbormaster may, in his sole discretion,
refuse to grant the application of any person who has been found previously
to have violated any waterways rule or regulation.
(6)
Identification decals issued to assignees of slips
or mooring spaces shall be affixed to the bow or windshield of the
vessel to be moored or berthed, and any vessel moored or berthed without
said decal may be removed by the Harbormaster at the owner's expense.
(7)
No mooring space or slip shall be assigned to any
person who has not then paid any boat excise tax due and payable to
the town.
H.
A fee set by the Board of Selectmen, chargeable upon
assignment of a slip or mooring, shall be due and payable with the
application for renewal due on or before May 1 of each year, except
when said assignment is made after that date, and in such cases the
fee shall be due and payable within five (5) days from and after the
date of the assignment. If, in any case, the fee is not paid when
due, the assignment shall then be canceled, the application fee shall
be forfeited to the town and the slip or mooring in question shall
be reassigned to another applicant forthwith.
[Amended 6-22-1984]
I.
No boat may enter any slip or tie up at any mooring
other than that assigned, except with permission of the Harbormaster.
Neither slips nor moorings are transferable. No boat owner to whom
a slip or mooring is assigned shall sublet such slip or mooring. No
boat owner to whom a slip or mooring is assigned shall allow any other
boat owner to use his slip without expressed written permission of
the Harbormaster. Such use, in any case, shall not exceed seven (7)
days. Any boat owner to whom a slip or mooring is assigned must have
his boat in his slip or on his mooring not later than July 15 of each
calendar year, unless he has notified the Harbormaster, in writing,
as to his intentions and/or reason for delay. If the owner does not
have his boat in his slip or on his mooring by July 15 of the calendar
year, and if no such notification is received by that date, it is
understood that the boat owner has forfeited his slip or mooring,
and such slip or mooring will then be assigned to the next person
on the waiting list.
J.
Notice to file for application for slips or moorings
shall be advertised in local papers by the Executive Secretary or
his designee.
K.
Transients shall contact the Harbormaster for assignments.
L.
Only nylon or dacron line of the proper size shall
be used in the harbors.
M.
No rafting will be allowed, i.e., one (1) boat to
a mooring.
N.
Signs bearing pertinent information shall be erected
at the launching ramp.
O.
In the interest of safety and orderly operation of
the marina, the Harbormaster may, upon written notice to the slip
occupants, reassign slips. The size of vessels involved will be a
determining factor in any slip reassignments.
For the benefit of all who use these facilities,
the following rules and regulations have been established.
A.
The word "marina" shall hereinafter refer to the Sesuit
Harbor Municipal Marina and any person authorized to represent it,
including the Harbormaster and Assistant Harbormasters. The marina
encompasses all town-owned property and facilities, including parking
areas provided for boating at Sesuit Harbor and use of all harbor
waters to Cape Cod Bay, also approaches from the Fairway (one-half-mile)
buoy. The word "town" shall hereinafter refer to the Town of Dennis
and its authorized representatives. The word "owner" shall refer to
the owner of any boat or vessel berthed in or using the marina or
the authorized representative of the owner.
B.
Space rentals.
(1)
Fees charged for space shall be strictly in accordance
with published schedules and shall be paid in advance to cover a full
season. No refunds will be allowed. For any vacancy of short duration,
but exceeding twenty-four (24) hours, the Harbormaster or assistant
should be advised in order to permit temporary use of the space for
transients. Any transient fees, in accordance with published schedules,
will accrue to the town. No refunds to original lessees are contemplated
in such instances.
(2)
If it is considered by the Harbormaster to be in the
best interest of the marina and/or its occupants, this space agreement
may be canceled on ten (10) days' notice, with the owner removing
his boat forthwith, and proportional reimbursement will be made of
the fee.
(3)
Space rentals may not be sublet, are nontransferable
and may not be assigned to others by the lessee. Transfer of boats
between spaces will only be allowed with the prior permission of the
Harbormaster or assistant.
(4)
No boat may enter any slip or tie up to any buoy or
space other than that assigned without permission of the Harbormaster
or assistant.
C.
To be admitted and to continue as an occupant of the
marina, a boat must be registered, identified, marked, equipped, operated
and maintained as required by law and the practice of good seamanship.
D.
When a boat enters the marina area, it immediately
comes under the jurisdiction of the marina and shall be berthed only
where assigned and maneuvered as directed.
E.
All boats will be secured in their assigned space
in a manner acceptable to the Harbormaster or assistant.
F.
All persons shall conduct themselves at all times at the marina (as defined in § 231-6A) in a peaceful and orderly manner and shall not threaten or cause, directly or indirectly, any bodily harm to any person or damage to any property in the marina and shall not commit any nuisance or create any hazard which may affect any person or property at the marina.
G.
Violations of rules and regulations. Any violation
of any of these rules and regulations shall, in addition to any penalties
provided by law, be just cause for the cancellation of the lease of
any lessee of a slip or mooring and the removal from the marina of
any such violator and any boat owned by said violator at the latter's
expense. Nothing in this section is intended nor should it be construed
to prevent the Harbormaster from pursuing any rights or remedies available
under law.
H.
Disposal of wastes; overnight occupancy.
(1)
Federal, state and town statutes prohibit the discharge
of sewage, waste material, oil and fuel, rubbish or refuse of any
kind or description into any river, stream, pond or tidal waters of
the harbor. Heavy fines and imprisonment are the penalties for violation.
(2)
Overnight occupancy of boats is prohibited unless
specific prior approval is obtained from the Harbormaster or assistant.
(3)
Owners, guests, employees and all persons are to use
the marina's shoreside toilets. All garbage and other refuse must
be placed in receptacles provided by the marina.
I.
Noise shall be kept to a minimum at all times. Consideration
for others requires discretion in the operation of engines, generators,
radios and television sets in such a manner at such times as to create
no nuisance or disturbance.
J.
Swimming, diving (skin or scuba) and waterskiing are
prohibited in the marina unless specifically authorized in advance
by the Harbormaster or assistant. Swimming is authorized in the area
adjacent to the Dennis Yacht Club.
K.
Fishing; use of walkways; minors.
(1)
Fishing from floats and berthed boats within the marina
is discouraged.
(2)
The cleaning or dragging of fish on floats, walkways
and ramps is prohibited.
(3)
The use of walkways and floats is restricted to lessees,
their guests or authorized personnel. The boarding of any boat without
permission is trespassing.
(4)
Children shall be accompanied by an adult at all times
within the marina.
L.
Obstruction of walkways; appurtenances.
(1)
Boat owners shall not place supplies, materials, accessories
or debris on any float, walkway or ramp and shall not construct or
place thereon any lockers, chests, cabinets or containers without
the permission of the Harbormaster or assistant.
(2)
Boats having tenders on davits, gangways or boarding
ladders or steps, extreme overhangs, bow or stern sprits, boomkins,
spars, pulpits, etc., shall be secured in such a manner that none
of these appurtenances shall create a hazard or block free passage
along any float, walkway or waterway.
M.
Fueling is prohibited when tied to a slip. Use town
landing float or cast off and refuel in open harbor. Smoking is prohibited
on any landing or area where refueling is permitted,
N.
Dogs and pet animals arc permitted in the marina only
on a leash or when otherwise confined or restrained.
O.
Overnight living in house trailers, campers or other
vehicles in any marina parking area is prohibited. Overnight parking
of vehicles in such areas while boating is permitted only with the
prior permission of the Harbormaster or assistant.
P.
Tenders, skiffs, dinghys and other small boats shall
be aboard boats or placed where the marina directs. All such small
boats shall carry identification numbers, marks or names. They may
not be tied up in rentable space nor stored on any float, walkway
or ramp or in parking areas.
Q.
No part of the marina, ashore or afloat, nor any boat
therein shall be used for the conducting or solicitation of business
of any kind except for normal operation of commercial fishing, charter
fishing, sightseeing or head boats, and no signs or other advertising
material will be permitted without permission of the Harbormaster
or assistant, who will control size, placement, etc. Nothing in this
section shall prohibit an owner from contracting for or using such
services as his boat may require from the businesses or resources
regularly available in the area or to him privately.
R.
Owners using the harbor shall obey all posted speed
signs and may be held liable for damage caused by excessive wake or
wash or negligent operation. Inland rules of the road shall apply.
S.
Sailboats not under auxiliary power are prohibited
from using the inner harbor because of lack of maneuvering space due
to the large number of boats on swing moorings, in slips and in restricted
channels.
T.
Boat owners shall not take aboard nor discharge passengers
(including boaters, waterskiers, divers or fishermen) at any public
bathing area.
U.
Harbor parking areas shall not be used for beach parking.
V.
The town assumes no responsibility on account of fire,
theft or damage of any nature to any boat or property connected therewith
nor for personal injury to any person.
W.
Any owner or operator of a boat or vessel within the
harbor may be liable for any damage or injury to town property or
personnel.
Admission to parking at the town harbor areas
as designated shall be governed by the following:
B.
Any person may secure a vehicle pass for the public
access area and all other lots for a fee set by the Board of Selectmen,
which is valid for a motor vehicle or a motor vehicle and trailer
combined.
C.
A real estate taxpayer or year-round resident in the
Town of Dennis may secure a beach/harbor vehicle pass for each motor
vehicle registered in his name, his spouse's name or his minor dependent,
which is valid in all Sesuit Harbor lots except for the public access
area, for a fee set by the Board of Selectmen for a motor vehicle
or a motor vehicle and trailer combined.
D.
Any vehicle which does not have a vehicle or beach/harbor
pass shall be charged a harbor parking fee for the use of the above-designated
areas as set by the Board of Selectmen.
E.
Within the designated parking areas, there will be
no parking where posted. Loading or unloading is permitted where posted.
F.
All beach/harbor passes or stickers shall be affixed
on the front bumper of the vehicle.
