[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.
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.
[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.
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.
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.