Town of Harvard, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Annual Town Meeting of the Town of Harvard 4-6-2002 by Art. 35. Amendments noted where applicable.]
No person shall operate any motor craft on Bare Hill Pond at a speed that is greater than reasonable and proper under the circumstances and conditions existing, or operate the same or manipulate water skis, a tube, surfboard, or similar device in a negligent manner so that the lives or safety of the public and property might be endangered. The Bare Hill Pond Committee shall post a navigation plan to aid in marking hazards and facilitate traffic control on Bare Hill Pond.
[Added 4-6-2013 ATM by Art. 33[1]]
Access to the beach area of Bare Hill Pond is restricted to residents or current taxpayers of the Town of Harvard and their guests and other groups authorized by the Harvard Park & Recreation Commission. Access to the parking area of Bare Hill Pond is restricted to residents or current taxpayers of the Town of Harvard with a valid beach permit and other groups authorized by the Harvard Park & Recreation Commission. Access to and the use of Bare Hill Pond for boating and fishing is open to all inhabitants of the Commonwealth of Massachusetts at locations designated and posted by the Bare Hill Pond Committee.
[1]
Editor's Note: This article also redesignated former §§ 13-2 through 13-4 as §§ 13-3 through 13-5, respectively.
A. 
All motor or power boats on the pond are to be registered under appropriate state law and shall display proper lighting, safety equipment, flotation devices, and be equipped with a proper muffler or underwater exhaust as is or may be required by Massachusetts General Laws Chapter 90B and 323 Code of Massachusetts Regulations 1 through 6.
B. 
All boats traveling in excess of 20 mph shall follow the same counterclockwise traffic flow pattern described in § 13-4D applicable to boats with objects in tow.
C. 
The maximum speed on Bare Hill Pond is 35 mph if traffic conditions so permit.
D. 
No person operating a craft propelled by other than muscle power shall pass another craft within 150 feet, or circle around any craft, in a manner as to annoy or endanger the occupants of the other crafts, nor pass (other than at headway speed) within 150 feet of another craft or between moored crafts or floats and the shore. No craft shall operate at a speed that endangers the life, limb or property of any person.
E. 
Between the hours of 8:00 p.m. (or sunset, if earlier) and 10:00 a.m. speeds will be limited to headway speed with no wake. Appropriate running lights in accordance with Inland Rules for Navigation of the U.S. Coast Guard must be shown.
F. 
Motorboat speeds in the area adjacent to the swimming and the anchorage areas at the Town Beach will be limited to five miles per hour with no wake.
G. 
Overnight occupancy of any craft is not permitted.
H. 
Trailers at the Town launching area may not be loaded using the boat's engine power to drive the boat onto the trailer. Use of hand or powered winches mounted on the trailer only are permitted.
I. 
Boats towing boats in distress may do so during daylight hours at headway speed.
J. 
All out-of-town boats launched by nonresidents and nontaxpayers must pay a daily launch fee prior to launching. The use of the beach is prohibited to out-of-town boaters.
A. 
Boats with persons or objects in tow may operate only between 10:00 a.m. and 8:00 p.m. (or sunset, if earlier).
B. 
No person operating a boat with a water skier, tube, skip board, or similar device in tow shall bring such a device or the boat within 150 feet of any boat dock, pier, raft, wharf, float, or a person or persons swimming unless to embark or disembark. Craft proceeding to dock or leaving from said dock shall enter and leave without delay from the area and shall be operated so as not to endanger any swimmer. No towline shall exceed 75 feet from the point of contact on the towboat to the object being towed.
C. 
No person operating a boat towing a water skier, tube, skip board, aquaplane or similar device in tow shall bring such device in the Harvard Town Beach boating channel with persons in tow.
D. 
All boating with objects or persons in tow, e.g., water skis, tubes, aquaplanes, etc., shall be done in a counterclockwise manner direction at least 150 feet from shore. This path pattern, shown on the chart,[1] follows the shoreline inside Sheep Island, staying outside Four-Acre Island and the other six islands and between Ministers and Spectacle Islands.
[1]
Editor's Note: See the Bare Hill Pond Map included at the end of this chapter.
E. 
Each boat must have at least one observer and a maximum of two water skier(s) and/or other objects in tow.
Swimmers who swim more than 100 feet off shore of the mainland or any island must be accompanied by a boat in close proximity.
[Added 4-6-2013 ATM by Art. 33]
The beach shall be closed from 10:00 p.m. to sunrise unless authorized by Park & Recreation.
[Added 4-6-2013 ATM by Art. 33[1]]
No animals, including, but not limited to, dogs and horses, shall be permitted at the beach or in the parking area, except for service animals as defined in and in the circumstances allowed under the Americans with Disabilities Act[2] and the regulations promulgated thereunder.
[1]
Editor's Note: This article also redesignated former §§ 13-5 and 13-6 as §§ 13-8 and 13-9, respectively.
[2]
Editor's Note: See 42 U.S.C. § 12101 et seq.
[Amended 10-22-2018 STM by Art. 1]
The Select Board is authorized to adopt penalties for violations of these rules and regulations from time to time that are consistent with the laws and regulations of the Commonwealth of Massachusetts.
[Added 3-28-2015 ATM by Art. 39;[1] amended 10-22-2018 STM by Art. 1]
The violation of any permit conditions established by the Town's appointed Harbormaster shall be punishable by fines established by the Select Board in accordance with this bylaw. Any such fines so levied shall not preclude revocation of any permit issued by the Harbormaster for such violations.
[1]
Editor's Note: This article also redesignated former § 13-9 as § 13-10.
A determination by an appropriate authority or a court of competent jurisdiction that any section of provision of these rules and regulations is invalid or inconsistent with law shall not invalidate or affect the enforceability of any other section of provision hereof.