[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.
A vessel in which the owner is unable to be determined or
fails to respond to attempts to be identified.
Not being underway and not being made fast to a stationary
object.
Stuck on the bottom of a body of water, not being underway
or adrift.
Areas specifically designed and/or authorized for anchoring
of vessels.
To secure a vessel temporarily to the bottom of a water body
by dropping an anchor or other ground tackle from a vessel.
A duly appointed person recommended by the Harbormaster and
appointed by the Mayor who works under the direction of the Harbormaster.
Mooring plan as set by order.
Any space wherein a vessel is confined by wet slip, float,
mooring, or other type of docking facility.
Any man-made or natural facility used for the launching or
retrieval of boats.
A facility whose function is the construction, repair, or
maintenance of vessels, which may include provisions for vessel storage
and docking while awaiting service.
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.
Any mooring the owner of which does not keep his own personal
boat attached thereto.
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.
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.
A floating dock held in place by mooring tackle.
A person duly appointed by the Mayor as Harbormaster.
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.
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.
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.
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.
The average height of the high water over a nineteen-year
period.
To permanently secure a vessel to a fixed object such as
a bollard, pier, dock or mooring.
A permanently secured anchor system to moor a vessel within
a water body duly permitted by the City and registered to the applicant.
An area designated in these regulations where a mooring can
be placed and for which no restrictions have been issued.
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.
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.
The anchor(s), bottom chain, top chain, shackles, swivels
and pendants used to secure a vessel.
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.
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.
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.
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.
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.
A line or chain by which a vessel is made fast to a mooring.
An individual, partnership, copartnership, joint venture,
trust, trustee, firm, corporation, association, or entity.
Any structure built out from land into the water for use
as a landing place.
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.
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.
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.
The act of changing the vessel of record that is to be moored
on a specific mooring.
The physical moving of the ground tackle to another location
designated by the Harbormaster.
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.
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.
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.
A vessel which has traveled along a route that was not originally
intended, or to move outside or away from a limited area.
One-day (24 hours) rental of a paid rental mooring by the
Harbormaster.
The transferring of a mooring permit from one person to another.
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.
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:
(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.
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)
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
| ||||||
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.
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.
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]
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.
Nothing in the above regulations shall be construed as conflicting
with any state statute or the Code of Massachusetts Regulations.
[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.
