[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.]
[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]
C.
EXCESSIVE OR UNUSUAL NOISE
(1)
(2)
(3)
SAE J2005
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Includes but necessarily limited to the following:
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.
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.
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.
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.
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.
[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]
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.
APRON
J AREA
PIER
RECREATIONAL BOAT SLIPS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The concrete platform and the fence along the length of the
concrete platform.
The area from the recreational boat gate to the end of the
transient dock.
The public pier.
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.
G.
Only persons currently leasing a recreational boat slip and their
guests are allowed access to the recreational boat slips.
