The following words, for the purposes of this bylaw, unless
another meaning is clearly apparent from the way the word is used,
shall have the following meanings:
BERTH
(n.) A place for a vessel to dock or anchor; (v.) to bring
a vessel to, or maintain a vessel in, a berth; to dock.
DOCKS/PIERS
(The terms "dock" and "pier" shall be used interchangeably
for the purposes of this bylaw.) The entire structure of any pier,
wharf walkway, bulkhead, or float, and any part thereof, including
pilings, ramps, walkways, float, tie-off pilings, dolphins and/or
outhaul posts, that is located on a Town-owned bank, or Town-owned
land under a Town-owned water body or waterway.
MOORING
The act or an instance of securing or making fast a vessel
to the shore, the bottom or a structure, as by a cable or anchor;
a place or structure to which a vessel can be moored; equipment, such
as anchors or chains, for holding fast a vessel.
PERSON
Any individual, partnership, association, trust, firm, corporation,
limited-liability company or other legal entity, excluding the Town
of Charlton or any board, commission, department or agent of same
authorized by the Charlton Board of Selectmen, and any other public
or quasi-public agency or authority, if any, having the legal right
to do anything otherwise proscribed by this bylaw.
VESSEL
Every type of watercraft, other than a seaplane on the water,
used or capable of being used as a means of transportation on the
water.
The Charlton Police may inspect any dock/mooring/berth; and
may require removal of any dock/mooring/berth that fails to meet the
provisions of this bylaw.
Any expense of such removal, and any expense incurred by the
Town, including reasonable attorney fees, shall be the responsibility
of the owner of said dock/mooring/berth.
Nothing in this bylaw is intended to, nor shall, contravene
or alter in any way any provision of Massachusetts or federal law
or regulation. If any provision of this bylaw is held to be unconstitutional
or otherwise invalid by any court of competent jurisdiction, the remaining
provisions of the bylaw shall not be invalidated.