[HISTORY: Adopted by the City Council of the City of Beverly
as Art. XXXV of the Code of Ordinances. Amendments noted where applicable.]
A.
The Director of Public Health is hereby authorized and empowered
to declare a closed season on any and all flats in the City for such
period as he may deem advisable.
B.
No order, however, closing any part of the clam flats shall become
effective until after three days' notice has been given by advertising,
such advertisement giving the location closed. When any flats which
have been closed are about to be opened for public digging, no such
digging in such flats shall be permitted until notice of such opening
has been advertised for at least three days.
No person shall take or have in his possession clams less than
two inches in longest diameter to the amount of more than 5% of any
one batch, provided that it shall not be unlawful to take such clams
or have the same in possession under the authority of a permit therefor
which the Mayor and City Council may grant for replanting for seed
purposes in waters of flats within the commonwealth.
All permits giving authority to dig clams shall be on the condition
that no clams shall be dug from any flats in the City from one hour
after sunset to one hour before sunrise of any day.
The Police Department shall prosecute any person who violates
the law or the provisions of this chapter governing the taking of
clams from the flats controlled by or under the authority of the City.
A.
Authorized. The Mayor and City Council are hereby authorized to grant
clam permits. All applications for clam permits shall be submitted
to the Legal Affairs Committee for its investigation before the same
are acted upon by the Mayor and City Council.[1]
B.
To whom granted. No clam permit shall be granted except to a native-born
or naturalized citizen of the United States. No such permit shall
be granted to any person who was not an actual resident of the City
on January 1 of the year in which the application is made. If, however,
a person who has a legal settlement in the City may become a public
charge unless such permit is granted, this rule may be suspended if
in the judgment of the Mayor and City Council it is for the best interest
of the City to do so.
C.
Term. All permits issued under the provisions of this chapter shall
terminate on the first day of June in each year.
D.
Revocation. The Mayor and City Council are authorized and empowered
to revoke any permit for the digging of shellfish for any violation
of this chapter.
