[Adopted 5-21-2001 by Order No. 2001-105 (Ch. 12.26 of the
1993 Code)]
A.
All vessels
habitually moored, berthed or docked in the waters within the corporate
boundary of the City of Quincy, with the exception of human-powered
or -propelled vessels of 10 feet in length or less, shall be subject
to this article.
[Amended 6-17-2013 by Order No. 2013-110]
B.
Any vessel
that is located in the waters within the City for 30 or more days
shall be deemed to be habitually moored, berthed or docked in the
waters within the City, and all vessels the owner of which had declared
to be moored, berthed or docked in the waters of the City of Quincy
shall be subject to this article.
There is hereby established the requirement of a mooring permit
for all subject vessels.
[Amended 4-19-2005 by Order No. 2005-047]
The Harbor Master for the City of Quincy or his/her designee
shall be responsible for the administration of this article; however,
nothing in this article shall authorize the Harbor Master for the
City of Quincy or his/her designee to implement a boat mooring fee
in the City of Quincy without the approval of the Quincy City Council
following a public hearing on the matter.
A.
All subject
vessels shall display a current City of Quincy mooring permit by June
1 of each year.
B.
No vessel
shall be moored, docked or berthed in the Quincy waterways without
a mooring permit. A mooring permit shall be affixed and displayed
on the rear port (left) quarter just forward of the transom.
[Amended 6-17-2013 by Order No. 2013-110]
All mooring permits are valid for up to one year and shall expire
on May 31 of each year.
[Amended 6-17-2013 by Order No. 2013-110]
A mooring permit shall not be issued for a subject vessel unless
it has been demonstrated to the satisfaction of the Treasurer/Collector
for the City of Quincy that all lawfully assessed excise taxes assessed
pursuant to MGL c. 60B, § 2, as amended from time to time,
regarding such subject vessel and all other vessels currently or formerly
owned by or registered to the applicant for a mooring permit are paid
in full or have been abated in accordance with the law.
A person seeking to obtain a mooring permit for a subject vessel for which no excise tax is assessed pursuant to MGL c. 60B, § 2, as amended from time to time, or which is exempted from payment thereof by law, may obtain a mooring permit upon application without the showing required in § 120-23 of this article.
[Amended 6-1-2020 by Order
No. 2020-012]
The owner of a subject vessel found to have displayed thereon
a fraudulent, stolen or transferred mooring permit shall be subject
to a fine of $300 per offense.
A.
For a subject vessel found not to be in compliance with the provisions of this article, with the exception of § 120-26, the Harbor Master or his designee shall issue a written warning to the owner thereof and shall, if available to him/her, tender to such owner a Massachusetts Department of Revenue Form 2BE-1, as amended from time to time. Said owner shall have 10 business days to obtain a mooring permit. If said ten-day period shall have expired without the owner of the subject vessel having obtained the required mooring permit for that vessel, the Harbor Master or his designee shall issue a citation for such violation to the owner of the subject vessel.
B.
In the case of violation of this article, after compliance with the provisions of Subsection A, or in the case of a violation of the provisions of § 120-26, the Harbor Master or his designee shall hereby have the authority to deliver to the owner of the subject vessel found to be in violation a letter detailing the allegations of the violation, and such letter shall direct the removal of the subject vessel from the waters of the City of Quincy within 10 days of receipt. Any letter so delivered shall be done in hand upon the owner of such subject vessel or by certified mail to the last known address of such owner thereof as appearing in the records of the Assessors of the City of Quincy or of the Registration Division of the Massachusetts Environmental Police. If the Harbor Master or his designee is unable to deliver to such owner the letter detailed herein, after making an affidavit of such fact and of the efforts made to deliver the same, he may give notice thereof by publication in a newspaper of general circulation in the City of Quincy. Such notice by publication shall detail the description of the subject vessel, the location of the same, the owner thereof and the last known address, if any, of such owner as appearing in the records of the Assessors of the City of Quincy or of the Registration Division of the Massachusetts Environmental Police. Such publication shall direct the removal of the subject vessel from the waters of the City of Quincy within 10 days from the date of such publication.
[Amended 6-17-2013 by Order No. 2013-110]
C.
Upon expiration of the ten-day period provided for in Subsection B of this section, the Harbor Master or his designee shall hereby be authorized to seize the subject vessel and to cause the same to be removed from the waters of the City of Quincy. Expenses relating to such seizure and removal, including the cost of towing, haulage and storage, shall be the responsibility of the owner of the subject vessel. All such charges must be paid to the City of Quincy and the same shall be deposited in the general fund, or such charges, in the event that the Harbor Master or his designee has engaged the services of a private contractor to so remove the seized vessel, shall be paid directly to such private contractor.
D.
In accordance with § 1-1 of the Quincy Municipal Code, as amended from time to time, at the discretion of the Harbor Master or his designee, whoever violates any provision of this article may be penalized by indictment or on a criminal complaint brought in the District Court.
E.
The fine for a violation of any provision of this article shall be
$300 per offense.
[Amended 6-1-2020 by Order
No. 2020-012]
F.
Each day that a violation continues shall be deemed to be a separate
offense.
G.
In accordance with MGL c. 40, § 21D, and § 1-2 of the Quincy Municipal Code, each as amended from time to time, at the discretion of the Harbor Master or his designee, whoever violates any provision of this article may be penalized by a noncriminal disposition as provided in MGL c. 40, § 21D.
H.
The enforcement provisions of this article shall be cumulative and
not exclusive of one another.
