City of Beverly, MA
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Beverly as Art. XXII, §§ 22.22, 22.23, 22.26, 22.27, 22.40 and 22.41, of the Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 201.
Parks, recreation areas and public property — See Ch. 210.
[Amended 12-15-2005 by Ord. No. 244]
A. 
Every motorboat operated upon the waters of the City of Beverly shall at all times be equipped with a muffler or a muffler system in good working order and in constant operation and effectively installed to prevent any excessive or unusual noise, as more particularly described in this section.
B. 
For the purposes of this section, "muffler" means a sound-suppression device or system designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and which prevents excessive or unusual noise.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
EXCESSIVE OR UNUSUAL NOISE
Includes but necessarily limited to the following:
(1) 
For an engine manufactured before January 1, 1993, as demonstrated by documents provided the operator thereof, a noise level of 90 dB(A) when subjected to a stationary sound level test as prescribed by SAE J2005.
(2) 
For any engine not demonstrated to have been manufactured prior to January 1, 1993, a noise level of 88 dB(A) when subjected to a stationary sound level test as prescribed by SAE J2005.
(3) 
Total noise of operation for a motorboat underway exceeding 75 dB(A) when subjected to a stationary sound level test from the shoreline or edge of any area through which passage by motorboat is permitted.
SAE J2005
The publication of the Society of Automotive Engineers so designated.
D. 
No motorboat shall be operated on the waters of the City of Beverly if such vessel is equipped with an altered muffler or a muffler cutout bypass or other device designed or installed in such a manner that it can be used, either intermittently or continually, to bypass or otherwise reduce or eliminate the effectiveness of any muffler or muffler system installed in such vessel; provided, however, that any use of a cutout permitted under MGL c. 90B, § 6, shall also be permitted under this section.
E. 
Any officer empowered to enforce the provisions of Chapter 90B of the General Laws who has been certified in motorboat noise testing by the Department of Fisheries, Wildlife and Environmental Law Enforcement of the Executive Office of Environmental Affairs shall also be authorized to enforce the provisions this section.
F. 
Any authorized officer who has reason to believe that a vessel is being operated or has recently been operated in violation of this section may direct the operator of such vessel to submit the vessel to an immediate on-site test to measure noise levels, with the authorized officer on board if such officer chooses, and the operator shall comply with such request for a test. If the authorized officer determines that the vessel is in violation of this section, the officer may, in addition to or instead of citing the operator for such violation, direct the operator to take immediate and reasonable measures to correct the such violation, including returning the vessel to its mooring place and keeping the vessel at such mooring place until the condition causing the violation is corrected or ceases.
G. 
Any person who violates Subsection A or who refuses to comply with the direction of an authorized officer under Subsection F shall be fined not less than $50 for a first offense, $100 for a second offense, and $300 for any subsequent offense.
No person shall swim or bathe in the waters within or surrounding the City unless properly clothed.
No person shall, without permission from the Board of Health, throw into or deposit in tidewater or in any pond, brook or reservoir, within the limits of the City, any dead animal, garbage, or any refuse matter whatsoever.
No vessel shall, in the harbor of the City, pass within 100 yards of any wharf at a greater speed than at the rate of five miles an hour.
[Amended 7-5-2012 by Ord. No. 121[1]]
The Harbormaster, Deputy Harbormaster and Assistant Harbormaster shall, in their capacity as special officers of the City, subject to the direction and control of the Chief of Police, insofar as they are acting as special officers, enforce the following waterway ordinances, in addition to any laws of the commonwealth and United States federal government pertaining to waterways of the City:
A. 
The speed limit for boats traveling in the area between Foster's Point and the Number 8 NUN shall be five miles per hour, and shall be posted as such with a sign indicating "No Wake Area." The fine for violating this subsection shall be $50 for each offense.
B. 
All boats in Beverly waters shall properly display current registration numbers or have current documentation on board. The fine for violating this subsection shall be $50 for each offense.
C. 
Boats docked at the ferry way public landing in excess of the posted time limits shall be subject to a fine of $50.
D. 
Willful abandonment of any boat in City waterways or placing a boat on an unauthorized mooring shall be prohibited. The fine for violating this subsection shall be $50 per day.
E. 
Each mooring in City waters shall clearly display the mooring number assigned by the Harbormaster and shall comply with the rules and regulations of the Office of the Harbormaster. Copies of such rules and regulations shall be provided annually to individuals receiving or renewing their mooring permits. The fine for violating this subsection shall be $50.
F. 
The number of boats tied to a mooring or the rafting of boats on a mooring shall not exceed the number of boats assigned to each mooring by the Harbormaster. The fine for violating this subsection shall be $25.
G. 
Sailboarding shall not be permitted west of the Number 10 NUN to the Veteran's Memorial Bridge. The fine for violating this subsection shall be $50 per incident.
H. 
Boats shall maintain a distance of 300 feet from public beaches and shall not be operated in a manner that would endanger themselves or others. The fine for violating this subsection is $50.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
[Amended 7-5-2012 by Ord. No. 121; 10-17-2012 by Ord. No. 185]
A. 
The Police Department, as well as the Harbormaster, Deputy Harbormaster and Assistant Harbormasters in their capacity as special officers of the City, subject to the direction and control of the Chief of Police, shall be the enforcement persons of this section.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B. 
The fine for violating any of the Glover Wharf regulations shall be $25 for each offense, except for exceeding the time limit for remaining at the transient dock. Boats docked at the transient dock in excess of the posted time limits shall be subject to a fine of $25 for the first offense, $50 for the second offense, and $100 for each subsequent offense.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
APRON
The concrete platform and the fence along the length of the concrete platform.
J AREA
The area from the recreational boat gate to the end of the transient dock.
PIER
The public pier.
RECREATIONAL BOAT SLIPS
Those floating docks at the Glover Wharf Marina on the water side of the fence along the concrete platform and east of the recreational boat gate.
D. 
The following restrictions shall apply to the J area:
(1) 
No casting at any time.
(2) 
No access from 10:00 p.m. to 6:00 a.m. except persons currently leasing a recreational boat slip and their guests, dinghy rack holders and transient docked boaters.
(3) 
Trash in/trash out policy applies.
(4) 
Fishing will be allowed in those areas designated by the Harbor Management Authority and in a manner not to impede navigation.
(5) 
Boats may tie up temporarily at the transient dock tie-up for a period of time not to exceed the posted time limit.
E. 
The following restrictions shall apply to the apron:
(1) 
No casting at any time.
(2) 
No access from 10:00 p.m. to 6:00 a.m.
(3) 
Trash in/trash out policy applies.
(4) 
Fishing will be allowed in those areas designated by the Harbor Management Authority and in a manner not to impede navigation.
F. 
The following restrictions shall apply to the pier:
(1) 
No casting at any time.
(2) 
No access from 10:00 p.m. to 6:00 a.m.
(3) 
Trash in/trash out policy applies.
(4) 
Fishing will only be allowed in those areas designated by the Harbor Management Authority and in a manner not to impede navigation.
G. 
Only persons currently leasing a recreational boat slip and their guests are allowed access to the recreational boat slips.