[Added 2-26-2013 by Ord. No. 2013-5]
The following words, terms and phrases, when used in this article, shall have the meaning described to them, except where the context clearly indicates a different meaning.
ABANDONED VESSEL
A vessel in which the owner is unable to be determined or fails to respond to attempts to be identified.
ADRIFT
Not being underway and not being made fast to a stationary object.
AGROUND
Stuck on the bottom of a body of water, not being underway or adrift.
ANCHORAGE AREA
Areas specifically designed and/or authorized for anchoring of vessels.
ANCHORING
To secure a vessel temporarily to the bottom of a water body by dropping an anchor or other ground tackle from a vessel.
ASSISTANT HARBORMASTER
A duly appointed person recommended by the Harbormaster and appointed by the Mayor who works under the direction of the Harbormaster.
BATTLESHIP COVE ZONE A, B, C, D
Mooring plan as set by order.
BERTH
Any space wherein a vessel is confined by wet slip, float, mooring, or other type of docking facility.
BOAT LAUNCHING RAMP
Any man-made or natural facility used for the launching or retrieval of boats.
BOATYARD
A facility whose function is the construction, repair, or maintenance of vessels, which may include provisions for vessel storage and docking while awaiting service.
CHANNEL
Any water area reserved for the unobstructed movement of vessels; or a navigable route for passage of vessels established by customary use or under the authority of federal, state or municipal law.
COMMERCIAL MOORING
Any mooring the owner of which does not keep his own personal boat attached thereto.
CONDEMN
The act of officially notifying an owner of a mooring that the mooring tackle is either unsafe, improperly placed at its location or fails to meet Fall River mooring rules and regulations and cannot be used until corrected.
ENVIRONMENTALLY SENSITIVE RESOURCE AREA
Any area specifically defined by the Department of Coastal Resources in conjunction with the Shellfish Department or Shellfish Warden of a city or town. The locations of all such areas shall be designated using acceptable scientific criteria. The areas shall be described in writing and defined by using GPS and/or other acceptable method and receive final approval and be filed with the Harbormaster.
FLOAT
A floating dock held in place by mooring tackle.
HARBORMASTER
A person duly appointed by the Mayor as Harbormaster.
HAZARD
Any object located within navigation channels, obstructing launch ramps or swimming areas, striking adjacent vessels or adjacent mooring tackle, or damaging a resource area such as salt marsh or eelgrass beds.
IMPOUND
The act of seizing a vessel and bringing it to a secure location or facility for violations, unpaid fines or for immediate safety concerns to prevent possible damage to other property.
LENGTH
The straight-line measurement of the overall length from foremost part of a vessel to the aftmost part of the vessel, measured parallel to the center line, exclusive of bow sprints, bumpkins, rudders, outboard motor brackets and similar fittings and attachments.
MARINA
A berthing area with docking facilities under common ownership or control and with berths for 10 or more vessels, including commercial marinas and boat basins. A marina may be an independent facility or may be associated with a boatyard.
MEAN HIGH WATER (MHW)
The average height of the high water over a nineteen-year period.
MOOR
To permanently secure a vessel to a fixed object such as a bollard, pier, dock or mooring.
MOORING
A permanently secured anchor system to moor a vessel within a water body duly permitted by the City and registered to the applicant.
MOORING AREA
An area designated in these regulations where a mooring can be placed and for which no restrictions have been issued.
MOORING BUOY
A white float with a two-inch horizontal blue line and designation number marking the ownership and location of a mooring system as well as keeping the top chain of the mooring tackle at the water surface for vessel attachment.
MOORING PLAN
A diagram of each particular waterfront area set up by the City to show where the Harbormaster may allow seasonal moorings to be placed. The actual mooring location of each mooring shall be determined by the Harbormaster.
MOORING TACKLE
The anchor(s), bottom chain, top chain, shackles, swivels and pendants used to secure a vessel.
NO-DISCHARGE COMPLIANCE STICKER
A numbered and dated sticker placed on a vessel docked, anchored or moored in Fall River waters indicating that the vessel has been inspected and is in compliance with the no-discharge zone (area) rules and regulations.
NO-DISCHARGE ZONE (AREA)
Bodies of water designated by the Commonwealth of Massachusetts Office of Coastal Zone Management (CZM) to which an application has been submitted and approved by the United States Environmental Protection Agency (EPA) where the discharge of all boat sewage, whether treated or not, is prohibited.
NO-WAKE ZONE
An area where a vessel may not operate in a manner so as to cause a wake or in excess of idle speed of six miles per hour, whether marked or unmarked at bridges, mooring areas, boat ramps and swimming areas.
OTHER OBJECTS
Any floating object, including but not limited to a mooring ball, buoy, raft, pontoon, float, floating dock or storage cars for marine products secured by anchors or moorings.
OWNERSHIP OF MOORING SITE
The land beneath the tidal waters of the City is owned by the Commonwealth of Massachusetts and is held for public trust as part of the public domain; therefore, all mooring permits are of a temporary nature, and no person has a property right in any mooring location without an express grant by the commonwealth or an express act by the Legislature.
PENNANT
A line or chain by which a vessel is made fast to a mooring.
PERSON
An individual, partnership, copartnership, joint venture, trust, trustee, firm, corporation, association, or entity.
PIER
Any structure built out from land into the water for use as a landing place.
PRIVATE MOORING
A mooring for the owner's personal boat. The owner must own 50% or greater of the boat which would be placed on the mooring. The owner must provide documentation to the Harbormaster to ensure true ownership and residential address.
PRIVATE RECREATIONAL BOATING FACILITY
A facility for berthing recreational vessels at which all berths and accessory uses thereto are not available for patronage by the general public or where use of any such berth is available on a long-term basis. Such berths shall not include a berth reserved for the operator of said facility.
QUALIFIED DIVER
A person who has received written approval to inspect moorings from the Harbormaster. The Harbormaster's office shall maintain a list of qualified divers. Any person who desires to be on the qualified diver list must submit the request in writing, stating qualifications and proof of liability insurance, to the Harbormaster for approval.
REASSIGNMENT OF A MOORING
The act of changing the vessel of record that is to be moored on a specific mooring.
RELOCATION OF A MOORING
The physical moving of the ground tackle to another location designated by the Harbormaster.
RIGHT-OF-WAY
An unobstructed path or corridor from a public thoroughfare or facility leading to or along the waters of the City and shoreline areas below the mean high water (MHW) mark.
SECURE LOCATION OR FACILITY
A secure mooring, trailer or dock, or a marina where the Harbormaster may store an impounded, stray or abandoned vessel until legally claimed by the owner.
SPECIAL MOORING PERMIT
A permit issued to an organized marina, sailing club or organization or yacht club in which special conditions apply, such as owning all of the moorings in a zone.
STRAY VESSEL
A vessel which has traveled along a route that was not originally intended, or to move outside or away from a limited area.
TEMPORARY MOORING PERMIT
One-day (24 hours) rental of a paid rental mooring by the Harbormaster.
TRANSFER OF MOORING PERMIT
The transferring of a mooring permit from one person to another.
VESSEL
Every description of watercraft and power boats, other than seaplanes, used or capable of being used as a means of transportation on the water, whether or not powered with propulsion machinery.
WAKE
The disturbed wave of water that a vessel leaves astern as it passes by a particular point.
A. 
These rules and regulations apply to all moorings, floats, mooring tackle as well as vessels anchored, moored or docked in the City's waters.
B. 
These rules and regulations apply to any person, marina or private or public recreational boating facility or yacht club who or which intends to moor any vessel and other objects in the City's waters.
C. 
Nothing contained within these rules and regulations shall replace or circumvent any state law, rule or regulation.
A. 
No vessel shall exceed headway speed of greater than six miles per hour within 150 feet of an anchorage area, mooring field, boat ramp, marina, and "no-wake" buoys.
B. 
No vessel shall exceed headway speed of greater than six miles per hour within 300 feet of a swimmer.
C. 
No person shall operate a vessel while towing water-skiers, aquaplanes, tubes or other similar devices in an anchorage, mooring or boat ramp area, except in connection with an authorized and permitted water carnival approved by the Harbormaster or Coast Guard.
D. 
No vessel shall operate in the City's waters without an active registration and registration markings. No vessel shall raft with another moored or anchored vessel unless the rafting vessel is the same size or smaller than the moored or anchored vessel, and some person capable of handling the vessels remains on board at all times.
E. 
Every vessel which operates in the waters and harbors of the City shall be equipped as required by MGL c. 90B, 323 CMR 2.06 and the Code of the City of Fall River.
F. 
Any vessel which is in a deteriorated and unseaworthy condition, sunken, likely to sink or aground, adrift, abandoned and likely to do damage to piers, docks, wharves, floats or other vessels, or to constitute a menace to navigation, or secured to a mooring of another without proper authorization, or awash, is considered a stray and derelict vessel and a public nuisance.
G. 
All stray and derelict vessels shall be impounded by the Harbormaster, who may seek the aid of a salvage contractor to assist him, if necessary, until claimed by the proper owner or disposed of according to law.
H. 
The owner of an impounded vessel shall incur, at his or her own expense, all fees and costs associated with raising, towing and storing of the vessel.
I. 
No person shall place or maintain any type of shellfish, eel or any other type of pot or trap within 150 feet of any mooring, float or boat ramp located in Fall River waters. This does not include state-approved aquaculture programs.
J. 
No person shall anchor in a mooring area, navigation channel or restricted area. No person shall anchor in Fall River waters for more than 14 days without the express approval of the Harbormaster. An anchored vessel shall have at least one capable person onboard unless the person has a wearable anchor drag alarm to warn of anchor drift. An anchored vessel shall display a white all-around anchor light at night.
K. 
The Harbormaster shall develop a detailed mooring identification numbering system to be placed on all mooring balls and winter sticks by all mooring holders so that mooring owners can be easily identified.
L. 
The Harbormaster shall keep a detailed list of moorings, their location, holder's name, length and type of vessel, and a record of fees paid.
M. 
The Harbormaster shall keep a detailed mooring waiting list of all individuals who desire a mooring permit, including the date of request. All mooring permits shall be issued to the most senior person on the waiting list as long as the vessel is appropriate for the location requested. A person on the waiting list may decline the mooring assignment, in which case he shall remain on the mooring list in his original position.
N. 
The Harbormaster may inspect any mooring and mooring tackle that he suspects as being in disrepair, defective or inadequate for the vessel attached to it. Upon finding any such condition, the Harbormaster shall notify the mooring holder in writing. The mooring holder shall correct said disrepair, defective or inadequate condition within a reasonable time but, in any event, not later than 15 days of the date of notification unless the Harbormaster extends the time in writing. If the mooring is in such condition that it constitutes an immediate hazard and may fail at any time, the Harbormaster may condemn the mooring and move the vessel immediately and bring the vessel to a safe location. If a mooring is found to be in disrepair, defective or inadequate and not up to minimum standards for moorings, any cost to repair the defect or inadequacy shall be the responsibility of the mooring holder.
O. 
Improper use of a mooring permit, failure to remedy defective or inadequate condition, or failure to pay the mooring fee may be cause for cancellation of the mooring permit.
P. 
Any mooring set without a mooring permit being first obtained shall be removed by the Harbormaster immediately. If a vessel is attached to the mooring it shall be moved to a safe location. All costs associated with said removal shall be the responsibility of the owner of the mooring gear.
A. 
Boat only. Boats secured to a temporary seasonal mooring shall be "boat only" permits allowing only the boat described on the permit to be so attached. The Harbormaster or Assistant Harbormaster in his absence shall be the only person to authorize a particular boat to be placed on a particular mooring.
B. 
Other objects. Other objects, including but not limited to floats and rafts, shall obtain an independent permit for the mooring of each object, and no other object shall be placed on that mooring without written permission by the Harbormaster.
C. 
Permits and forms. The Harbormaster may develop a mooring permit and any additional forms for purposes of implementing the provisions of this article.
D. 
New permit.
(1) 
A person granted a mooring shall, within 30 days, complete a Fall River mooring permit application provided by the Harbormaster:
(a) 
Provide completed and signed mooring permit applications containing proof of ownership and residential address and vessel information.
(b) 
Provide copy of license and registration or documentation of the vessel.
(c) 
Submit required mooring permit fee.
(2) 
The applicant must present the permit to the Harbormaster, who will approve, deny or place the applicant back on the waiting list if no suitable location is available.
(3) 
No mooring may be placed in the water until such time as the applicant has received an approved mooring permit and designated mooring coordinates from the Harbormaster.
(4) 
Mooring permits are seasonal and must be renewed by January 31 of each year.
(a) 
If a mooring fee is not paid by March 31, a late fee as set forth in Chapter A110, Fee Schedule, of the City Code will be assessed.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions).
(b) 
If a mooring fee is not paid by June 30, the mooring permit shall be revoked. The individual may request to be placed on the mooring waiting list for the next available mooring.
E. 
Special permits. A special permit may be issued to an organized marina, sailing club, or organization or yacht club which owns all the moorings in a mooring field, such as Battleship Cove Community Boating, in which one person is in charge of or responsible for the repair and maintenance of all the moorings, removal of vessels in case of impending storm, etc., payment for all moorings, and which submits all mooring inspection reports at one time.
F. 
Renewal of an existing permit. A mooring permit holder who desires to renew the permit shall:
(1) 
Ensure that all the information on the form is accurate and that all the requested information is complete. New vessels require notification of and approval by the Harbormaster.
(2) 
Return the renewal form and mooring permit fee to the Harbormaster by January 31. If the mooring fee is not paid by March 31, a late fee as set forth in Chapter A110, Fee Schedule, of the City Code will be assessed. If a mooring fee is not paid by June 30, the mooring permit shall be revoked.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions).
G. 
Revocation or nonrenewal of an existing permit.
(1) 
A permit holder who does not desire to renew the mooring permit should so indicate on the renewal form and sign and return the form to the Harbormaster.
(2) 
A permit holder shall remove his vessel from the mooring within 30 days of nonrenewal or notice of revocation.
(3) 
A permit holder shall remove all mooring tackle from the mooring location within 30 days of revocation or nonrenewal, unless the mooring tackle is to be sold to the new permit holder.
(4) 
A new permit holder shall not be required to purchase any existing mooring tackle left by the previous owner at a particular mooring location.
(5) 
If the existing mooring tackle is not sold to the new mooring holder, and the previous permit holder has not removed the mooring gear within the 30 days as required, the Harbormaster shall make a written demand to the previous permit holder by certified mail. If not removed within 15 days of the date of such notice, the Harbormaster shall remove the mooring gear at the full expense of the owner. If the owner fails to claim the mooring gear within 30 days, it becomes the property of the Harbormaster for disposal. The Harbormaster shall immediately remove any noncomplying, improperly placed, or off-station mooring that interferes with or causes a hazard to navigation or other moored vessels.
H. 
Denial of permit. Pursuant to MGL c. 40, § 57 and Chapter 14, Article I, § 14-4, of the Code of the City of Fall River, a permit issued pursuant to this article may be denied, revoked or suspended if the applicant or permit holder has neglected or refused to pay any local taxes, fees, assessments, betterments, charges or other municipal charges for not less than a twelve-month period and that party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the appellate tax board.
I. 
Mooring permit waiting list. A current, up-to-date mooring waiting list shall be maintained and published by the Harbormaster for each mooring area in order that persons may know where they stand on the list. A fee shall be charged each year to maintain one's name on the waiting list. Standing on the waiting list shall not be determined by residency. If a person on the waiting list is called to accept a mooring assignment, he may refuse and remain in his current position on the list. If for some reason the person is unable to place the approved mooring within the thirty-day limit, he shall be placed back on the waiting list in the previous position and the next person on the waiting list shall be offered the mooring location.
J. 
Changing the vessel of record. Any person desiring to place a vessel other than the vessel of record on his assigned mooring shall complete a new mooring permit form along with the required fee and submit it to the Harbormaster for approval. The change will be allowed as long as the vessel will fit on the mooring without causing any interference with any other vessel.
K. 
Change of mooring location. Any mooring holder wanting to change the location of his mooring must file a mooring change form with the Harbormaster for approval.
(1) 
The Harbormaster shall determine if the mooring holder's vessel will fit in the requested location. So long as the change does not pose any danger or restriction to other vessels the Harbormaster may allow the change. If the change poses a danger or may interfere with another previously moored vessel, the Harbormaster shall deny such move.
(2) 
In the event two or more mooring holders wish to swap moorings, the same criteria as set forth above shall be the determining factor.
A. 
The tackle specifications listed below are minimum standards and are not designed to meet severe conditions. If severe weather is predicted, the prudent mariner should take additional measures such as checking and/or adding lines, additional anchor and may include actual removal of the vessel.
B. 
If severe weather is predicted ,the Harbormaster may order the removal of certain vessels.
C. 
Minimum mooring tackle specifications for all shall be as follows:[1]
Vessel Length
(feet)
Mushroom Anchor
(pounds)
Concrete Block
(pounds)
Bottom Chain
(inches)
Top Chain
(inches)
Hardware Size
(inches)
Mooring Ball
(inches)
Nylon Pendant Size
(inches)
Under 20
200
400
5/8
1/2
1/2
18
5/8
21 to 25
300
600
3/4
1/2
1/2
18
5/8
26 to 30
500
1,000
3/4
5/8
5/8
24
5/8
31 to 35
800
1,500
3/4
5/8
5/8
24
1
36 to 40
1,000
2,000
1
5/8
5/8
24
1
41 to 45
1,200
2,400
1
5/8
5/8
24
1
46 to 50
1,800
3,600
1
5/8
5/8
24
1 1/4
51+
2,000
4,000
1
5/8
5/8
24
1 1/4
Floats and docks
As specified by the Harbormaster
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions).
D. 
Construction of mooring blocks shall be approved by the Harbormaster. Concrete blocks over 1,000 pounds shall have steel rebar reinforcement as approved by the Harbormaster. Concrete weighs approximately 3,300 pounds per cubic yard (27 cf) or approximately 122 pounds per cubic foot. Mooring eyes shall be 25% heavier than required chain.
E. 
Mooring anchors shall not be lifted from the bottom without the express approval of the Harbormaster. Mooring anchors imbed themselves into the waterway bottom over time and raising them will reduce their holding power.
F. 
The total length of mooring chain shall be determined by the location of the mooring.
(1) 
Battleship Cove Zone A, B, C and D. The mooring top chain shall be one times the mean high water depth at the location of the mooring plus 10 feet of heavy bottom chain.
(2) 
Regatta North. The mooring chain shall be 1 1/2 times the mean high water depth at the location of the mooring plus 10 feet bottom chain.
(3) 
All other areas will be as specified by the Harbormaster.
G. 
Approximate weight for concrete blocks on land:
500 pounds = 20" x 20" x 20"
600 pounds = 24" x 24" x 18"
800 pounds = 24" x 24" x 22"
1,000 pounds = 24" x 24" x 26"
1,200 pounds = 24" x 24" x 30"
1,500 pounds = 30" x 30" x 24"
2,000 pounds = 30" x 30" x 36"
3,600 pounds = 36" x 36" x 40"
4,000 pounds = 48" x 48" x 26"
6,000 pounds = 48" x 48" x 38"
H. 
Mooring pendants (hawsers) shall:
(1) 
Be three strands or double-braided nylon or equivalent;
(2) 
Not float;
(3) 
Be fitted with thimbles of appropriate size where they are attached to chain or metal fittings;
(4) 
Be shackled directly to chain; and
(5) 
Be equipped with adequate chaffing gear where they pass through chocks or hawse holes.
I. 
Length of mooring pendants (hawsers) shall be a maximum of 2 1/2 times the distance from the water line to the top of the stem, plus the distance to the deck cleat.
J. 
Mooring chain shall be hot galvanized grade 43 or equivalent. United-States-made chain and hardware is highly recommended.
K. 
Shackles shall be the same size as the chain to which they are connected or one size larger. In regards to moorings with one-inch bottom chain, the shackle shall be equal to the larger chain.
L. 
Swivels shall be one size larger than the chain to which they are connected. Swivel-shackle combinations are recommended to reduce the total amount of hardware used. The swivel shall be placed either under or on top of the mooring ball.
M. 
Shackles and swivels must not be overtightened and shall be safety-wired with stainless steel wire to prevent loosening.
N. 
Screw anchors shall be installed by a licensed installer certified by the anchor manufacturer and approved by the Harbormaster.
O. 
The exact GPS latitude/longitude location of all permanent mooring anchors, including blocks, shall be assigned by the Harbormaster. It is the responsibility of the permit holder to maintain this position.
P. 
No new concrete blocks are permitted in protected areas. Any existing blocks will be replaced with alternative systems through attrition.
Q. 
All mushroom anchors shall be equipped with an appropriately sized shank weight to assist in the proper "setting" of the mooring.
R. 
Mooring buoys shall:
(1) 
Be a white mooring ball with a two-inch blue horizontal stripe;
(2) 
Be identified by a mooring number determined by the Harbormaster;
(3) 
Float a minimum of 50% above the water line; and
(4) 
Be installed from April 1 to November 30.
S. 
Winter spar (stick):
(1) 
Shall be white in color with a blue band;
(2) 
Shall be upright at an angle of not less than 45° at any period of the tide and have a minimum of 18 inches exposed above the water line;
(3) 
Shall not be constructed of wood;
(4) 
Shall be installed between November 30 and April 1;
(5) 
Shall be identified with the assigned mooring number;
(6) 
May include a sailing club or yacht club designation acronym; and
(7) 
Shall be attached to the mooring tackle by light chain or rope.
T. 
Identification of moorings. The Harbormaster shall assign a mooring number that shall be permanently attached and legibly displayed on the mooring buoy and winter stick in block letters and numbers at least three inches in height and must contrast in color with the background. Mooring numbers are permanent for the mooring location.
U. 
Mooring inspection/installer. All moorings shall be installed or inspected and approved by a qualified diver familiar with moorings before being placed in service in the waters of Fall River and every three years thereafter.
(1) 
The mooring inspector/company shall submit to the Harbormaster either proof of insurance or a surety bond in the amount of $100,000.
(2) 
The mooring inspector/installer shall complete an approved Harbormaster mooring inspection form indicating:
(a) 
The date of inspection;
(b) 
The "pass" or "fail" condition of each element of the mooring at the time of inspection or installation;
(c) 
Any components that were replaced; and
(d) 
Any indication whether any components should be replaced prior to the next scheduled three-year inspection period.
V. 
Mooring inspection guidelines.
(1) 
Any chain showing more than 33% wear from its original size when installed must be replaced. If a mooring chain meets the 33% guideline but shows excessive or uneven wear in the opinion of the inspector, he may require another inspection within a year.
(2) 
Any mooring chain which has deformed (stretched or bent) links must be replaced.
(3) 
Only double-ring or double-shackle-type swivels are permitted and must be replaced when the ring or shackle pin is 33% worn.
(4) 
Shackles shall be used between heavy bottom chain and top chain and a shackle shall be used at the mooring ball.
(5) 
Shackles must be replaced when worn 33%. All shackles must be seized with stainless steel wire.
(6) 
Mushroom anchor eyes and shafts: wear must not exceed 33% of their diameter when new.
(7) 
Mooring pendants with obvious chaffing, stretching or unlaying must be replaced. Approved pendant materials are nylon (single- or double-braid) and pro-d (nylon and Dacron®).
(8) 
Chain and tackle shall be supported by a floating mooring ball (hard plastic ball or inflated ball) in good condition and float a minimum of 50% above the water line.
(9) 
Concrete or stone mooring blocks shall not be cracked or worn, and mooring eye shall not be worn more than 33% of its original size. If the concrete block is worn more than 33% of its original size, the concrete block or an approved alternative shall be removed and replaced.
(10) 
Mooring balls must be white with a two-inch blue band and have a permit number legibly painted in three-inch characters.
(11) 
The Harbormaster may inspect any mooring at any time, and if he finds that it fails to meet the provisions of these rules and regulations may order it replaced in a certain time limit or immediately condemn the mooring and remove any vessel that may be moored and take that vessel to a safe location.
(a) 
The Harbormaster must then notify the owner of such vessel that the mooring has been condemned and the vessel moved.
(b) 
The owner of such mooring must then take immediate steps to bring the mooring up to compliance prior to placing the vessel back on the mooring.
(c) 
The mooring holder shall be responsible for any cost incurred by the Harbormaster in the removal of said vessel.
(d) 
If the mooring is not brought up to standards within 30 days, the mooring permit may be revoked by the Harbormaster.
(e) 
In the event a mooring permit is revoked, the owner's name may be placed on the waiting list. The owner shall reapply for a mooring permit.
A. 
Moorings shall not be moved from the approved location without prior written approval from the Harbormaster.
B. 
If for any reason the Harbormaster determines that the approved location of a mooring is not adequate for the vessel attached to it, the vessel shall be moved to another location until the mooring is brought up to standards.
C. 
In the event that a mooring is moved from its approved location by storm, ice or other cause, it shall be the responsibility of the permit holder/owner of the mooring, at the earliest possible opportunity but in no case later than 14 days from the date of the dislocation of the mooring, to relocate the mooring to its original location or another location approved by the Harbormaster.
D. 
The Harbormaster may relocate, move or cause to be relocated any mooring or vessel whenever in his judgment the safety of other vessels or maximum use of the area requires such action.
E. 
Any expense of inspection, removal or relocation and any liability incurred as the result of an improper or unsafe mooring shall be the responsibility of the permit holder/owner of said mooring.
F. 
The Harbormaster may install moorings and floats needed to perform his duties, such as but not limited to providing a mooring or dock for Harbormaster vessels or providing a safe mooring for impounded vessels.
G. 
No mooring may be "picked up," tied to or used by a vessel which is not assigned to that mooring except in an emergency situation. If an emergency exists, the owner/operator of the vessel shall notify the Harbormaster immediately through VHF Channel 9, 16 or by contacting the Fall River Police Department.
H. 
Rental of moorings.
(1) 
No person shall rent or lease a mooring unless a commercial mooring permit has been issued by the Harbormaster or is owned by the City of Fall River for rental by the Harbormaster.
(2) 
Rental fees for the Harbormaster moorings shall be deposited into the Harbormaster Revolving Fund.
(3) 
Violations of this regulation may result in the revocation of the mooring permit, removal of the mooring and a noncriminal citation.
I. 
One-year rule.
(1) 
When a permit holder/owner of a mooring fails to place a vessel on the mooring for a period not to exceed one year, the Harbormaster will notify the permit holder by certified mail that the mooring permit will be revoked within 30 days of the date of notification if the permit holder fails to place a vessel on the mooring.
(2) 
At the end of the thirty-day period, the mooring location will be reassigned to a new permit holder/owner unless the original permit is extended by written approval of the Harbormaster on a case-by-case basis.
(3) 
When a mooring location is reassigned, the Harbormaster will drop the mooring chain and store the mooring ball for a period of 90 days, at which time the mooring tackle becomes the property of the Harbormaster if not claimed by the permit holder/owner.
J. 
Float regulations.
(1) 
A mooring permit is required to moor a float at a mooring location in order to accommodate a second boat or for storage of vessels.
(2) 
Permits for floats will be issued by the Harbormaster based upon the weight that the mooring may hold.
(3) 
The size of the float allowed is to be determined by the Harbormaster.
(4) 
Floats will not be allowed in congested areas such as Battleship Cove Zones A, B and C except for winter storage. A float is allowed in Zone D for small sailboat storage for Battleship Cove Community Boating.
(5) 
Construction of the float shall be approved by the Harbormaster, with particular emphasis on cleats which should be through bolted with backing plates and a safety boarding ladder.
K. 
Vacant moorings. When a mooring assigned to an individual is not to be used by the mooring permit holder for a period of time greater than 30 days, the owner/permit holder shall notify the Harbormaster by regular mail or e-mail that the mooring will be vacant. If a mooring is vacant for a period of more than 30 days, the Harbormaster may allow a vessel of the proper size to temporarily use the mooring under the conditions outlined below.
(1) 
The Harbormaster shall have the boat using the mooring fill out a temporary use permit with the name of the vessel, the registration number, captain's name, address and phone number.
(2) 
A vessel of a larger size than the mooring is designed for shall not be placed on the mooring.
(3) 
The owner of the vessel using the mooring is responsible for leaving the mooring in the same condition as when assigned.
(4) 
If, during the use by another vessel, the mooring is lost, dislocated or damaged, the owner/operator of the vessel using the mooring shall be liable to the permit holder/owner of the mooring for a sum of money sufficient to recover, restore, renew or relocate the mooring to the original approved location and to the condition it was in when first used by him/her.
(5) 
The person using the mooring must submit to the Harbormaster all pertinent information on the boat involved and contact information.
(6) 
A person is prohibited from pickup (tie up to) any unused mooring that is not specifically permitted to him or her without first contacting the Harbormaster, who may assign a suitable available mooring if available, issue a temporary mooring permit and collect the necessary fee.
(7) 
In an emergency situation, the Harbormaster may place a suitable-size vessel on any open mooring for a short period of time without notification to the owner.
L. 
Lost mooring.
(1) 
In the event that a mooring has sunk or is lost, it shall be the responsibility of the permit holder/owner to, at the earliest possible opportunity, locate, mark and properly identify said mooring and return it to its proper location as indicated on the permit.
(2) 
If after 90 days the permit holder/owner fails to locate, mark and properly identify a lost mooring and return it to the proper location, the mooring permit shall be revoked and the location reassigned.
(3) 
In the event a lost mooring is found by the Harbormaster and the owner cannot be identified or located, the Harbormaster shall take possession of the mooring and store it for six months, after which time the Harbormaster may dispose of the mooring.
Generally, a vessel may anchor on its own in the coastal waters and harbor area of the City, except in federal navigation channels, navigation fairways, mooring fields, swimming areas, rights-of-way and egress areas and launching ramps, for a period not to exceed 24 hours, or at the discretion of the Harbormaster. No vessel anchored under such conditions shall be left unattended. Owners and operators of such vessel may go ashore but must be available to tend to the vessel in the event of heavy weather. It shall be the owner's and operator's responsibility to remain clear of all moored vessels and other structures.
All fees shall be paid as provided in the fee schedule in Chapter A110, Fee Schedule, of the City Code, with the exception of the Battleship Cove Sailing Program, which shall be exempted from all mooring permit fees.
A. 
The harbor rules and regulations contained in this article may be enforced by the Harbormaster, Assistant Harbormasters and Fall River police officers assigned to the water by the Chief of Police.
B. 
The Harbormaster or his designee may move to a safe place and impound any vessel in violation of the rules and regulations contained herein for the following violations and reasons and shall not release such vessel until such time that the condition that preceded the removal has been corrected and the fine for any violation has been paid:
(1) 
Tying up to (picking up) a mooring that is the property of someone else without the permission of the mooring holder and the Harbormaster and refusal to remove such vessel upon demand.
(2) 
Any vessel tied up to a public or private dock or float without permission and refusal to remove such vessel upon demand.
(3) 
Nonpayment of mooring fees.
(4) 
A vessel on fire or otherwise in danger of sinking, breaking loose from mooring, or in a situation that may cause damage to another vessel or property.
(5) 
Mooring gear not inspected as required or is in such disrepair that it is in immediate danger of failing.
(6) 
In case of an approaching storm in which the vessel would be in imminent danger of breaking loose or sinking, and the owner could not be reached or refused to remove such vessel upon demand from the Harbormaster.
A. 
The owner of any vessel, mooring or other object not properly moored, not properly permitted, or in violation of any harbor rules and regulations contained herein may be subject to a noncriminal citation, removal of the mooring, removal and impounding of the vessel or a combination of the same, and/or a fine of $50.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The Chief of Police may issue Massachusetts Environmental Law Citation Books and authorize such use to the Harbormaster, Assistant Harbormasters, and any police officer assigned to the water to write written warnings and criminal and noncriminal citations for boating law violations.
C. 
The Chief of Police may issue Fall River City Ordinance Citation Books and authorize such use to the Harbormaster, Assistant Harbormasters, and any police officer assigned to the water to write the following violations pursuant to this article:
Section
Description
10.1
Improper placement of mooring
10.2
Improperly moving mooring
10.3
Failure to have mooring inspected by qualified diver
10.4
Failure to relocate lost mooring
10.5
Failure to meet mooring standards
10.6
Improperly marked mooring
10.7
Failure to provide accurate mooring permit information
10.8
Improper rafting of vessel on mooring
10.9
Illegal use (picking up or tying up to) of a public or private mooring, dock or float without Harbormaster permission
10.10
Failure to remove vessel upon demand
10.11
Failure to properly secure vessel
10.12
Improper anchoring
10.13
Speed greater than headway speed
10.14
No wake violation
10.15
Abandoned vessel
10.16
Unregistered vessel, failure to display certificate number
10.17
Refusing to stop for or on oral command of Harbormaster
10.18
Failure to carry or use proper equipment
10.19
Failure to carry vessel registration
10.20
No-discharge violation
D. 
Each and every day a violation continues is considered a new and separate violation.
A. 
Any person who receives a fine pursuant to this article may appeal in a noncriminal proceeding by making a written request to the Chief of Police or his designee within 21 calendar days of the date of issuance of the fine. Failure to timely appeal the administrative citation is deemed a waiver of the right to appeal.
B. 
Any person aggrieved by the Harbormaster's refusal to permit a temporary mooring may appeal to the Division of Waterways of the Commonwealth's Department of Environmental Protection within 30 days after notice of refusal.
[Added 4-19-2016 by Ord. No. 2016-12[1]]
All boats using the waters of Fall River for more than 14 days per calendar year (cumulative) are required to display a Fall River waterway permit. The Harbormaster will, upon request from the owner and verification that no excise taxes are due on the vessel, provide a decal at no charge. Such decal shall be affixed approximately 18 inches from the stem and four inches from the gunnel, on the starboard side. These decals shall be displayed so as to be clearly visible for inspection by the Harbormaster. Failure to display a current Fall River waterway permit decal shall be a violation of this article and subject to a fine of $50 per day.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions).