[HISTORY: Adopted by the Town of Amesbury
as Art. 36 of the 1990 Bylaws; amended 5-14-2002 by Bill No.
2002-025. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Wetlands protection — See Ch. 460.
The use of gas-powered augers, chain saws or
similar cutting devices on Lake Attitash, Lake Gardner, the Powow
River, the Back River and pond ice is prohibited except between the
hours of 9:00 a.m. and 4:00 p.m.
A.
The use of trucks, campers, trailers, automobiles,
ski mobiles, or other motorized vehicles on Lake Attitash, Lake Gardner,
the Powow River, the Back River and pond ice is prohibited.
A.
Number. All motorboats shall be identified as required
by CMR 323.2.03 as follows: the first part of the number shall be
an abbreviation in capital letters of the Commonwealth of Massachusetts
"MS." The remainder of the boat number shall consist of not more than
four Arabic numerals and not more than two capital letters, in sequence,
separated by a hyphen or equivalent. Since the letters "I," "O" and
"Q" may be mistaken for Arabic numerals, all letter sequences using
"I," "O" and "Q" shall be omitted. The bow number shall be spaced:
MS 9999 ZZ. Objectionable words formed by the use of two or three
letters may not be used.
B.
Motorboats owned by a dealer or manufacturer and which
are being used for purposes other than testing or demonstrating shall
have permanent numbers.
C.
Decal. In addition to displaying the identification
number of a vessel as required by MGL c. 90B, § 3, the owner
of a vessel shall display at the end of such number the then current
registration decal of the Division of Law Enforcement on port (left)
of the vessel within six inches of the final identification number
or letter, as the case may be. For example, MS 9999 ZZ [], with the
[] being the decal.
Motorboat operators shall always carry the certificate
on the motorboat when in use.
A.
Motorboats shall be provided with the following: anchor,
line, bailer, and paddle.
B.
Motorboats shall be provided with lighting, signaling
and fire-extinguishing and -control devices as defined below.
(1)
Motorboats subject to the provisions of this Subsection B shall be divided into four classes as follows:
(2)
Every motorboat in all weathers from sunset to sunrise
shall carry and exhibit the following lights when underway, and during
such time no other lights which may be mistaken for those prescribed
shall be exhibited.
(a)
Every motorboat of Classes A and 1 shall carry
the following lights:
[1]
First. A bright white light aft to show all
around the horizon.
[2]
Second. A combined lantern in the fore part
of the vessel and lower than the white light aft, showing green to
starboard and red to port, so fixed as to throw the light from right
ahead to two points abaft the beam on their respective sides.
(b)
Every motorboat of Classes 2 and 3 shall carry
the following lights:
[1]
First. A bright light in the fore part of the
vessel as near the stern as practicable, so constructed as to show
an unbroken light over an arc of the horizon of 20 points of the compass,
so fixed as to throw the light 10 points on each side of the vessel,
namely, from right ahead to two points abaft the beam on each side.
[2]
Second. A bright white light aft to show all
around the horizon and higher than the white light forward.
[3]
Third. On the starboard side a green light so
constructed as to show an unbroken light over an arc of the horizon
of 10 points of the compass, so fixed as to throw the light from right
ahead to two points abaft the beam on the starboard side. On the port
side a red light so constructed as to show an unbroken light over
an arc of the horizon of 10 points of the compass, so fixed as to
throw light from right ahead to two points abaft the beam on the port
side. Said lights shall be fitted with inboard screens so set as to
prevent these lights from being seen across the bow.
(c)
Motorboats of Classes A and 1 when propelled by sail alone shall carry the combined lantern, but not the white light aft, prescribed by Subsection B(2)(a) of this section. Motorboats of Classes 2 and 3, when so propelled, shall carry the colored lights, suitably screened, but not the white lights prescribed by Subsection B(2)(b) of this section. A motorboat of Class A, 1, 2 or 3 of Subsection B(1) of this section when propelled by sail alone, if not otherwise required or authorized by this section to carry one or more lights visible from aft, shall carry at her stern a white light so constructed that it shall show an unbroken light over an arc of the horizon of 12 points of the compass, so fixed as to show the light six points from right aft on each side of the vessel. Such light shall be carried as nearly as practicable on the same level as the side lights. In a small motorboat propelled by sail alone, if it is not possible on account of bad weather or other sufficient cause for this light to be fixed, an electric torch or lighted lantern shall be kept at hand ready for use and shall, on the approach of an overtaking vessel, be shown in sufficient time to prevent collision.
(d)
Every white light prescribed by this section
shall be of such character as to be visible at a distance of at least
two miles. Every colored light prescribed by this section shall be
of such character as to be visible at a distance of at least one mile.
The word "visible" in this subsection, when applied to lights, shall
mean visible on a dark night with clear atmosphere.
(e)
When propelled by sail and machinery, every
motorboat shall carry the lights required by this section for a motorboat
propelled by machinery alone.
(3)
Every motorboat of Class 1, 2 or 3 shall be provided
with an efficient whistle or other sound-producing mechanical appliance.
(4)
Every motorboat of Class 2 or 3 shall be provided
with an efficient bell.
(5)
Lifesaving devices.
(a)
Every vessel shall carry one Coast Guard approved
personal flotation device (PFD) for each person on board, in good
and serviceable condition in a readily accessible location.
(b)
Every motorboat shall carry at least one personal
flotation device (PFD) for each person aboard as additionally defined
below:
[1]
Every Class A motorboat shall carry at least
one personal flotation device of Type I, Type II, or Type III for
each person on board.
[2]
Every motorboat of Class 1, 2, and 3 shall carry
at least one personal flotation device of Type I, II or III for each
person aboard, plus one Type IV as a throwable device.
(c)
Such devices shall be clearly labeled or imprinted as such and placed
so as to be readily accessible in the motorboat and maintained in
good and serviceable condition and appropriate size for whom it is
intended. Devices designed to be thrown, such as a ring buoy or buoyant
cushion, shall be readily available on the motorboat. Devices which
use kapok or fibrous glass for flotation material shall have such
material encased in plastic covers. Every motorboat carrying passengers
for hire shall carry at least one Coast Guard approved life preserver
or Type I personal flotation device for each person on board so placed
as to be readily accessible for use.
(6)
Every motorboat shall be provided with such number
(as specified in this subsection), size and type of fire extinguisher
capable of promptly and effectually extinguishing gasoline, as may
be prescribed by the regulations of the Director of the Division of
Law Enforcement, which fire extinguishers shall be at all times kept
in condition for immediate and effective use and shall be so placed
as to be readily accessible. Fire extinguishers shall be provided
as follows:[1]
|
Minimum Number of B-1 Hand Portable Fire
Extinguishers Required*
| ||||
|---|---|---|---|---|
|
Class of Motorboat
|
Length
(feet)
|
No Fixed Fire Extinguishing System in
Machinery Space
|
Fixed Fire Extinguishing System in Machinery
Space
| |
|
A
|
Under 16
|
0
|
0
| |
|
1
|
16 and over, but under 26
|
1
|
0
| |
|
2
|
26 and over, but under 40
|
2
|
1
| |
|
3
|
40 and over
|
3
|
2
| |
|
Fire Extinguisher Classification
| ||||
|---|---|---|---|---|
|
Classification Type-Size
|
Foam
(gallons)
|
Carbon Dioxide
(pounds)
|
Dry Chemicals
(pounds)
| |
|
B-1
|
1 1/4
|
4
|
4
| |
|
B-2
|
2 1/2
|
15
|
12
| |
|
Note:
| ||
|
*
|
One B-2 hand portable fire extinguisher may
be substituted for two B-1 hand portable fire extinguishers.
| |
A.
All motorboats must be operated in such a manner and
at such a distance to prevent their wash from being thrown into or
causing excessive rocking to other vessels, rafts, or floats.
B.
Water-skiers shall ski at a safe distance to prevent
their wash from being thrown into or causing excessive rocking to
other vessels, rafts, or floats.
D.
No person
shall operate a motorboat, or any other vessel as defined by MGL c.
90B, § 1, as amended, in the waters of the Town of Amesbury
in such a manner so that the life and/or safety of any person may
be endangered, nor shall any motorboat or vessel be so operated in
waters of the Town of Amesbury in such a manner which would endanger
any person or any property by the wake or wash of said motorboat or
vessel.[1]
E.
This section shall apply to motorboats, barges, water-skiers,
or other devices being towed by power, and the operator of the towing
vessel shall be responsible for compliance therewith.
A person operating a motorboat underway shall
not permit anyone to ride or sit on the gunwales or on the decking
of a bow, unless the motorboat is equipped with adequate guardrails
to prevent persons from falling overboard. This provision shall not
apply so as to prevent persons aboard a motorboat from standing on
the decking over the bow in order to secure the motorboat to a mooring
buoy or cast off from a buoy or for another necessary purpose.
A.
A motorboat shall not be operated at more than headway
speed:
(1)
When the operator's vision is obscured under a bridge
or by bends or curves or in any other manner.
(2)
When the motorboat is operated within 150 feet of
a marina, boat launching facility, raft or float.
(3)
When the motorboat is operated within 300 feet of
a public bathing beach unless operating in an area designated for
waterskiing.
(4)
When the motorboat is in a channel, unless a duly
authorized local, state or federal marine enforcement agency has permitted
otherwise and placed markers in the channel indicating the permitted
speed.
(5)
When the motorboat is operated within 150 feet of
a swimmer.
B.
Headway speed is the slowest speed at which a motorboat
may be operated and maintain steerage way, but not to exceed six miles
per hour except in the case of jet ski watercraft, surf jet watercraft,
wet bike watercraft and so-called personal watercraft which may need
to operate at a speed in excess of six miles per hour to maintain
steerage way.
Vessels shall not be moored to aids to navigation.
No person shall willfully destroy, move, injure, deface, or remove
any aid to navigation established or placed by any governmental entity.
The discharge of raw sewage, garbage, rubbish
or debris on or into the waters of the Town of Amesbury is prohibited.
No vessel may be operated in an overloaded condition.
"Overloaded condition" means that the number of persons on board and/or
the cargo being carried exceeds the manufacturer's recommended limit
for such vessel or is excessive given wind, water and weather conditions.
A.
Any person aboard a jet ski watercraft, surf jet watercraft,
wet bike watercraft or other so-called personal watercraft shall wear
at all times a Coast Guard approved personal flotation device of Type
I, II, or III.
B.
No person shall tow a water-skier or a person in any
other manner from a jet ski watercraft, surf jet watercraft, wet bike
watercraft or any so-called personal watercraft.
C.
No person shall operate a jet ski watercraft, surf
jet watercraft, wet bike watercraft or any so-called personal watercraft
during the nighttime.
A.
Any person waterskiing or being towed in any manner
shall wear a Coast Guard approved personal flotation device of Type
I, II or III, except persons engaged in slalom skiing on a marked
course or persons engaged in barefoot, jump or trick skiing who may
elect to wear, in lieu of a Coast Guard approved personal flotation
device and at their own risk, a wet suit designed specifically for
such activity, provided that:
(1)
The device must be marketed by the manufacturer as
a water ski wet suit.
(2)
The device must be constructed of nylon-covered Neoprene
or similar material and have either long or short arms and legs.
(3)
The device must be equipped with additional flotation/padding
material of a closed cell nonabsorptive type such as a PVC foam or
Ensolite. This flotation/padding must be sewn into the device according
to the following:
(a)
On the front extending from the clavicle to
the top of the pelvis vertically and covering the front rib cage and
covering as much of the side area as feasible. The maximum gap between
padded areas on the side of the suit under the arm is four inches;
(b)
On the rear of the device padding/flotation
material must cover the area from the top of the shoulder blade to
the top of the pelvis and span the entire width of the back; and
(c)
Padding/flotation shall be at least 1/2 inch
thick. This thickness excludes any covering material thickness.
(4)
A Coast Guard approved personal flotation device Type
I, II, or III must be carried in the tow boat for each skier electing
to wear a water ski wet suit.
B.
No person shall use any water skis, surfboard or similar
device on the waters of the City negligently so as to endanger the
lives or safety of the public or use any water skis, surfboard or
similar device thereon in the nighttime.
C.
No person shall operate any motorboat on the waters
of the commonwealth towing a person or persons on water skis, a surfboard
or other similar device, unless there is in such motorboat a person
who has attained age 12 in addition to the operator in a position
to observe the person or persons being towed and unless such motorboat
is equipped with a ladder, steps or similar means by which any person
being towed can be taken from the water.
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.
No motorboat shall be operated at any time on
the waters of Lake Attitash, Lake Gardner, the Powow River, the Back
River, the Merrimack River and ponds over which the Town of Amesbury
has jurisdiction at a speed greater than is reasonable and proper,
having regard for the lives and safety of the public; the state of
visibility; the traffic density; the maneuverability of the vessel;
the state of wind, water and current; and the proximity of navigational
hazards. Speed by a motorboat in excess of 45 miles per hour shall
be presumed to be in excess of a reasonable and proper speed.
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.
A.
Operation. On every motorboat being operated by a
person under the age of 16 years old there shall be a safety certificate
issued in the name of such operator. A safety certificate shall be
issued to any person under 16 years of age who satisfactorily completes
a training course in safe motorboat operation conducted by the United
States Coast Guard Auxiliary, the United States Power Squadron (Squadron),
the Division of Law Enforcement, a boating safety agency of any state
of the United States of America, or such other entity approved in
writing by the Director.
B.
Minimum age. No person shall operate a personal watercraft
if such person is:
(1)
Under the age of 16.
(2)
Sixteen or 17 years of age without first having received
a safety certificate evidencing satisfactory completion of a training
course in safe operation conducted by the United States Coast Guard
Auxiliary, the United States Power Squadron, the Division of Law Enforcement,
or such other entity approved in writing by the Director of the Division
of Law Enforcement.
A.
Evening operation. No person shall operate a personal
watercraft between the hours of sunset and sunrise or when vision
is unduly restricted by the weather.
B.
Safe operation. No person shall operate a personal
watercraft except in a safe and prudent manner, having due regard
for other waterborne traffic, posted speed and wake restrictions,
and all other attendant circumstances, so as not to endanger the life,
limb or property of any person.
C.
Negligent operation. No person shall operate a personal
watercraft in a negligent manner. The following are prohibited as
examples of negligent operation:
(1)
Unreasonably jumping, or attempting to jump, the wake
of another vessel;
(2)
Following within 150 feet of a water-skier;
(3)
Weaving through congested vessel traffic;
(4)
Speeding in restricted areas;
(5)
Crossing unreasonably close to another vessel;
(6)
Operating a personal watercraft in such a manner that
it endangers the life, limb or property of any person;
(7)
Towing a water-skier, any person, or any device in
any manner from a personal watercraft; and
D.
Proximity. No person shall operate a personal watercraft:
E.
Automatic cutoff. Every person operating a personal
watercraft equipped by the manufacturer with a lanyard-type engine
cutoff switch shall attach said lanyard to his person, clothing, or
personal flotation device as is appropriate for the specific craft.
A.
The enforcement of this chapter shall be under the
jurisdiction of the Harbormaster and his assistants and members of
the Amesbury Police Department.
