[HISTORY: Adopted by the Special Town Meeting of the Town of Wayland 11-13-1991 by Art. 1 (Art. 32 of the 1973 Bylaws). Amendments noted where applicable.]
GENERAL REFERENCES
Boats and boating — See Ch. 101.
[Amended 5-6-1992 ATM by Art. 22]
These rules are adopted in order to promote the public health, safety and welfare in the area of Dudley Pond. However, persons using Dudley Pond and adjacent town property do so at their own risk. These rules make no affirmation, whether expressed or implied, that the Town of Wayland protects and guarantees the safety, health and welfare of the public using the pond and adjacent town property.
These rules are intended to supplement all present or future boating and safety regulations of the Commonwealth of Massachusetts. Pamphlets explaining the state regulations, which must also be observed, should be obtained from the Massachusetts Environmental Police, Department of Fisheries, Wildlife and Environmental Law Enforcement.
The following are prohibited on the pond and on town property adjacent to the pond:
A. 
Depositing brush, litter, trash or waste, except into receptacles placed for that purpose.
B. 
Igniting or using a fire, including but not limited to cooking devices.
C. 
Possessing or consuming alcoholic beverages.
If the Police Chief or his designee determines that an emergency condition exists, he/she may temporarily limit or suspend recreational use of the pond and adjacent town property, pending further action by the Select Board.
A nightly curfew prohibiting any use or occupancy of all town property adjacent to the pond shall be observed between the hours of 10:00 p.m. and 4:00 a.m.
A. 
Upon written application, the Selectmen may issue a permit to an individual or identifiable organization for use or occupancy of town property between the hours of 10:00 p.m. and 4:00 a.m.
B. 
If, on the written report of two households neighboring town property or of the Police Department, the Selectmen determine that an extended curfew is necessary for the public safety or welfare, the Selectmen may extend the curfew to the hours from sunset to sunrise or otherwise by causing notice of such extension to be posted on the premises.
C. 
With reference to both Subsections A and B above, the Selectmen:
(1) 
May limit their action to specified areas or include all town property adjoining the pond;
(2) 
Shall provide the Police Department with copies of any special permits or posted notices; and
(3) 
Shall state the duration of any permit or curfew extension, neither of which may exceed one year.
As used in this chapter, the following terms shall have the meanings indicated:
HEADWAY SPEED
The slowest speed at which a vessel or recreational vehicle may be operated and maintain steerageway, in no case to exceed six miles per hour.
RECREATIONAL VEHICLE
Automobiles, trucks, ice boats and other conveyances.
VESSEL
All types of boats, skis and other conveyances which can be used on or in the pond, including but not limited to canoes, kayaks, sailboats, catamarans and sailboards.
A. 
All vessels and recreational vehicles using Dudley Pond and town-owned portions of its shoreline must be certified and registered in accordance with the laws of the Commonwealth of Massachusetts, if applicable.
B. 
No vessel or recreational vehicle shall be powered by motor or engine on or beneath the surface of the pond for commercial or recreational purposes unless:
(1) 
The vessel is a boat and the motor is an outboard having 10 horsepower or less;
(2) 
The motor is electric; or
(3) 
The vessel or recreational vehicle is being used for purposes of protecting the safety, health and environment of the public or written permission has first been obtained from the Select Board.
C. 
Motorized vessels or recreational vehicles shall not exceed a speed of 10 miles per hour, except for purposes of law enforcement or rescue being performed by police or fire agencies.
D. 
All vessels and recreational vehicles shall have the required lighting and shall conform respectively to MGL c. 90B, §§ 5 and 24.
E. 
Personal flotation devices shall be carried aboard all vessels in accordance with the requirements for recreational boats as established by the United States Coast Guard and Massachusetts Environmental Police.
F. 
Any person aboard a canoe or kayak between January 1 and May 15 and between September 15 and December 31 shall wear at all times a Coast Guard approved personal flotation device of Type I, II or III, except persons aboard vessels excluded by MGL c. 90B, § 5A.
G. 
Any person under 12 years of age aboard any vessel on the waters of the commonwealth shall wear at all times a Coast Guard approved personal flotation device of Type I, II or III.
H. 
No person shall operate any vessel or recreational vehicle while he/she or she is under the influence of intoxicating liquor, barbiturates, narcotics or other controlled substances, including marijuana.
I. 
No person shall operate any vessel or recreational vehicle in a negligent manner so that the lives or safety of the public might be endangered.
J. 
All vessels or recreational vehicles must always be operated safely, courteously and at a safe distance to prevent their wash from being thrown into or causing excessive rocking to swimmers, floats, rafts and other vessels.
K. 
In any event, no vessel or recreational vehicle shall travel faster than a speed that is safe, reasonable and proper under existing conditions.
L. 
After March 15 and before November 15 each year, no craft shall be launched into or removed from Dudley Pond by trailer. Nothing herein shall be construed to preclude hand carrying of any craft into and out of Dudley Pond.
[Added 5-1-1995 ATM by Art. 10; amended 5-8-1996 ATM by Art. 30]
M. 
No motor-powered boat shall tow anything, except in an emergency, as defined in Chapter 109, except that licensed fishermen may tow fishing lines and lures while under power.
[Added 5-13-1999 ATM by Art. 31]
Beyond 150 feet of shore is primarily for use by vessels and recreational vehicles. Within 150 feet of shore is primarily for use by swimmers and waders. Those in areas not designated primarily for their use should exercise special caution.
A. 
Swimmers should proceed with extreme caution beyond 150 feet from shore.
B. 
Motorboats shall not be operated:
(1) 
Within 150 feet of shoreline which is being used as a swimming area, whether public or private; or
(2) 
Within 75 feet of the seaward boundary of a public bathing beach if designated by markers, floats or otherwise.
C. 
Swimming buoys and flagged buoy markers 150 feet from shore may be placed per authorization of the Selectmen.
D. 
A motorboat shall not be operated at more than headway speed when the motorboat is operated within 300 feet of a public bathing beach.