[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; amended in its entirety 6-24-2024 by Ord. No. 175.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: Prior amendments included: 12-15-2005 by Ord. No. 244; 7-5-2012 by Ord. No. 121; 10-17-2012 by Ord. No. 185; 2-16-2016 by Ord. No. 013; 5-20-2024 by Ord. No. 046
A. 
It is the intent of this article to establish regulations for marine activities within the harbors, waterways, and tidal waters of the City of Beverly in order to ensure safety of persons and property, to promote availability and use of a valuable public resource and to provide for safe navigation, pursuant to the authority granted by MGL c. 90B, § 15.
B. 
These regulations apply in all parts of Beverly waters which are under the jurisdiction of the Beverly Harbormaster as defined in MGL c. 90B, MGL c. 91, MGL c. 102, and § 58-23 above.
C. 
The regulations promulgated herein are in addition to the requirements of state and federal law.
D. 
Terms used herein shall have the meaning provided in MGL c. 90B, 323 CMR, or other applicable state law or regulation.
The Harbormaster shall establish fees and may amend them, from time to time, for all the facilities governed by this article. The fee schedule shall be published and available to the public upon request.
This section is to be enforced by the Harbormaster, Deputy Harbormaster, Assistant Harbormasters, and any City police officer. Violations of this section shall be punished by a fine pursuant to MGL c. 40, § 21, in the amount of $50. Each day or portion thereof during which a violation continues shall constitute a separate violation; if more than one, each violation shall constitute a separate offense.
A. 
It shall be unlawful to operate or permit the operation of any vessel at a speed exceeding six miles per hour and/or causing a disturbing wake in any designated mooring areas when traveling in the area between Foster's Point and the Number 4 NUN.
B. 
Windsurfers are not to operate in the navigable channel of the river west of the Number 10 NUN to the Veteran's Memorial Bridge.
C. 
If a vessel is obligated to cross the marked channel, it shall do so at right angles and with due care to the traffic flow in the marked channel so as not to create a hazard to river traffic.
No mooring, slip, float, raft, dock, buoy, marker, or other structure or apparatus held or secured by appurtenant anchors, ground tackle, cables, lines, chains, or other mechanisms to the ocean bottom may be placed in Beverly waters at any time without the express written permission of the Harbormaster, unless such device is authorized under MGL c. 91 or the regulations promulgated under said Chapter 91. Any unauthorized mooring, slip, float, raft, dock, buoy, marker, or other structure or apparatus held or secured by appurtenant, anchors, ground tackle, cables lines, chains, or other mechanisms to the ocean bottom so placed in Beverly waters shall be declared a public nuisance and considered an obstruction. The Harbormaster shall by written notice order the owner to remove the unauthorized structure. If the owner fails to comply with such order within seven days, the structure will be removed at the expense of the owner by the Harbormaster, said expenses shall include all costs and labor including storage, with no liability to the Harbormaster or the City of Beverly, or the employees, officers, officials, agents, or servants of either.
A. 
The operator of a vessel involved in a collision, accident, or other casualty shall, so far as they are able without serious danger to their own or other vessel or to any persons, render to other persons affected by the accident such assistant as may be practicable and as may be necessary in order to save them from any danger caused by the boating accident. Such operator shall also give their name, address and identification of their vessel to any person injured and to the owner of any property damaged in the accident.
B. 
The Harbormaster shall be notified within 24 hours of all accidents which are required to be reported by MGL c. 90B, § 9, and shall also be notified of any accident which results in environmental damage or navigational obstructions. In addition to filing the required report with the Massachusetts Environmental Police pursuant to MGL 90B, § 9 and 323 CMR 2.05, a written report shall be submitted to the Harbormaster within 48 hours of the accident if the accident results in loss of life, personal injury, or property damage in excess of $500; for every other boating accident, a written report shall be submitted to the Harbormaster within five days of the accident. The operator and owner of the vessel(s) are responsible for this report. The filing of a copy of the Massachusetts Environmental Police Boat Accident Report Form required by MGL c. 90B, § 9, with the Harbormaster will satisfy the written report requirement.
A. 
Harbormaster permits.
(1) 
Harbormaster permits are required for all vessels greater than 12 feet OAL or equipped with a 15 or more horsepower motor that are habitually moored, berthed, or docked, at any public or private mooring, slips, floats, rafts, piers, wharves, docks or other structures similar in nature within Beverly waters. All boat tenders or dinghies belonging to or attached to a permitted vessel shall be exempt.
(2) 
Any vessel that is located within Beverly waters for 14 or more days shall be deemed to be habitually moored, berthed, or docked within Beverly waters, and all vessels the owner of which had declared to be moored, berthed, or docked in Beverly waters shall be subject to this section.
(3) 
Fees for waterways permits issued by the Harbormaster shall be those authorized under § 124-2 above.
(4) 
The waterways permit shall be affixed to the upper right-hand corner, on the outside, of the vessel's transom, not covering the vessel HIN number.
(5) 
Failure to display a current waterway permit is a violation of this subsection.
(6) 
Boat tenders or dinghies tied to the City floats shall not exceed 12 feet in overall length, except by special permit issued by the Harbormaster.
B. 
Individual mooring permits.
(1) 
Annual permit required; applications.
(a) 
No person shall establish or maintain a mooring within Beverly waters without first obtaining an annual mooring permit from the Harbormaster. Applications may be obtained from the Harbormaster.
(b) 
Moorings installed without permission from the Harbormaster shall be considered an obstruction and may be removed pursuant to § 124-5 above.
(c) 
No permit shall be issued without prior payment of all appropriate fees by the applicant, including, but not limited to, prior years' harbormaster permit fees, mooring permit fees, and/or boat excise tax if applicable.
(2) 
Issuance; waiting list.
(a) 
Permits will be denied if the Harbormaster determines that the mooring will constitute a hazard to navigation, will not conform to the requirements of these regulations, or will otherwise not conform to the requirements of law or rights of the public.
(b) 
Individual mooring permits are not transferable. Only the Harbormaster may authorize in writing the temporary use of a mooring by another vessel upon application by the permit holder.
(c) 
The sale of a vessel does not include the sale of the mooring. The mooring permit holder must notify the Harbormaster immediately upon sale of their vessel.
(d) 
No mooring shall be moved or relocated without the authorization of the Harbormaster.
(e) 
The number of vessels tied to a mooring or the rafting of vessels to a mooring shall not exceed the number of boats assigned to such mooring by the Harbormaster.
(f) 
Upon issuance of a permit, the Harbormaster will assess a mooring location and specify the marking and number.
(g) 
Applications for mooring permits must be renewed by May 1 each year and expire on April 30 of the following year.
(h) 
Mooring not renewed by July 1 each year will be considered illegal and removed at the mooring owner's expense.
(i) 
The Harbormaster will keep a chart available for public inspection at the Harbormaster's Office which clearly indicates the mooring areas permitted.
(j) 
The Harbormaster shall keep a waiting list of boaters requesting available space. Continuation on a waiting list requires annual payment of a wait list fee to be qualified for selection. Priority for the issue of permits to persons on the waiting list will be to qualified boaters in this order: date of application and assignment to the waiting list, and subject to the size and type of boat related to the space available. Copies of the up-to-date waiting list must be made available to the public by the Harbormaster upon request.
(3) 
A mooring permit holder may relinquish their permit at any time upon notification to the Harbormaster. Any mooring tackle not removed within 30 days after receipt of such notification shall be considered an obstruction and may be removed pursuant to § 124-5 above.
C. 
Marinas, yacht clubs, and commercial usage. Marina, yacht club, and commercial operation owners shall provide to the Harbormaster a list of the renters of moorings, slips, and/or dry launches to include name, address, and telephone number of the owner, name of the vessel, registration or documentation numbers, length overall, year of manufacture, private and business address and phone numbers of renters by July 1 of each year. The Harbormaster shall send a copy of this list to the City Assessors to ensure imposition of the boat excise tax.
D. 
No harbormaster or mooring permit shall be assigned to any person or organization who is in arrears on any boat excise tax, harbormaster permit fees, and/or mooring permit fees due and payable to the City, for any year present or previous. Proof of the payment shall be submitted with application for a harbormaster or mooring permit.
E. 
Forfeiture of mooring permit.
(1) 
A permittee may be deemed to have forfeited their permit by reason of any of the following not corrected within 10 days of receipt of written notice by the Harbormaster:
(a) 
Locating the mooring at a place other than that specified on the permit.
(b) 
Failure to pay annual mooring fee or excise tax when due.
(c) 
Failure to otherwise comply with the terms, conditions or restrictions placed on the permit by the Harbormaster.
(d) 
Failure to repair or replace a mooring after being advised, by the Harbormaster, that the mooring is defective and/or damaged.
(e) 
Failure to comply with any regulations as promulgated by the Harbormaster pursuant to § 124-1D above.
(f) 
It is the policy of the Harbormaster's office that all moorings in Beverly waters be utilized as fully as possible. Mooring permit holders must habitually use their mooring during the summer season each year with the permit holder's listed boat. Habitual use for the purpose of these regulations is defined as a minimum of 45 days during the boating season (June 15 through September 15). Moorings not habitually used will result in permit forfeiture.
(2) 
Upon written notification of forfeiture of a mooring permit by the Harbormaster, the permittee shall remove or otherwise dispose of the mooring. Any mooring not removed within 10 days after receipt of such notification shall be considered an obstruction and may be removed pursuant to § 124-5 above.
F. 
The Harbormaster is authorized to adopt rules governing City waters, and to the extent permitted by law, vessels on or in City waters, including but not limited to the specifications for minimum standards for mooring equipment and float systems, the location of mooring areas, and the inspection of moorings, to the extent authorized by Massachusetts law. Said rules may be amended and revised by the Harbormaster from time to time.
A. 
Harbormaster, Deputy Harbormaster, and Assistant Harbormasters shall be the enforcement persons of this section.
B. 
The fine for violating any of the Glover Wharf regulations shall be $50 for each offense.
C. 
The following restrictions shall apply to Glover Wharf:
(1) 
Fishing will be allowed in those areas designated by the Harbor Management Authority and in a manner not to impede navigation.
(2) 
Only current recreational boat slip licensees and their guests are allowed access to the recreational boat slips.
(3) 
Access to the recreational boat slips from 10:00 p.m. to 6:00 a.m. is only permitted for current recreational boat slip licensees and their guests, dinghy rack holders, and transient docked boaters.
(4) 
Trash in/trash out policy applies.
(5) 
Boats may tie up temporarily at the transient dock slip for a period of time not to exceed the posted time limit.