[Adopted 5-17-1993 as Ch. 12.24 of the 1993 Code; amended in its entirety 6-17-2013 by Order No. 2013-109]
[Added 6-1-2020 by Order No. 2020-012]
Definitions applicable to this article are provided in § 120-1, Definitions, in Article I, Regulation of Waterways, of this chapter.
All shippers or firms utilizing Quincy waterways, upon the arrival of a ship or vessel at their wharf, shall immediately notify the Harbor Master of that fact and forward to him a statement setting forth the following information:
A. 
Date of arrival.
B. 
Rig.
C. 
Name of vessel.
D. 
Nationality.
E. 
Captain.
F. 
Arrived from.
G. 
Amount of cargo.
H. 
Cargo.
I. 
Consignee of cargo.
J. 
Agent of vessel.
K. 
Register tons gross.
L. 
Register tons net.
M. 
Draught of water.
N. 
Unloading berth.
A. 
No person shall allow, permit, moor, anchor, tie, or cause a vessel or other article that floats to be tied up to or in such a way as to interfere with the public landing maintained by the City situated at the foot of Bay View Avenue in the Weymouth Fore River, as shown on Assessors' Plan 1009-1010-1011, for a period of more than 30 minutes without the authority of the Harbor Master or Assistant Harbor Master.
B. 
Whoever violates this section shall be liable to a fine of $25 for each violation. The Harbor Master or Assistant Harbor Master or member of the Quincy Police Department may remove any such vessel or other article that floats which is in violation of this section and moor or anchor the same in a safe place in said Weymouth Fore River in a place which is in view of said public landing.
[Amended 6-1-2020 by Order No. 2020-012]
A. 
Notice to remove; removal authority; owner liability; violations and penalties. If any person shall abandon any vessel or wharf, or any other structure similar in nature, damaged or undamaged, on any beach or seashore in the City, he shall be given no less than seven calendar days' written notice to remove the same, said notice to be given by the Harbor Master or by the Police Department. If said vessel or wharf, or any other structure similar in nature, damaged or undamaged, is not removed within said seven-day period, the Harbor Master is hereby authorized to remove it, either personally or by a person contracted by him, and all charges of removal and storage shall be paid by the person so abandoning or by the sale of the vessel, wharf or any other structure. The Harbor Master is hereby authorized to contract with a person for the removal of the same.
B. 
Owners unknown; removal authority
(1) 
If in the judgment of the Harbor Master there is a vessel or wharf or any other structure similar in nature, damaged or undamaged, on any beach or seashore in the City, and after reasonable effort the Harbor Master is unable to ascertain the owner thereof, the Harbor Master is hereby authorized to remove the subject vessel or wharf or any other structure similar in nature.
(2) 
Prior to undertaking such removal, either personally or by a person contracted by him, the Harbor Master shall cause there to be a publication made in a newspaper in general circulation within the City of Quincy giving notice of his determination that the subject vessel or wharf or any other structure similar in nature, damaged or undamaged, has been deemed to be abandoned and of his intention to remove it under the authority of this section or other law.
(3) 
Such publication shall give no less than seven calendar days' notice of the intention of the Harbor Master and shall contain, at a minimum, the following information: a description of such abandoned vessel or wharf or other structure similar in nature, damaged or undamaged, sufficiently detailed so as to put the owner on notice; the current location of said boat or wharf or other structure similar in nature, damaged or undamaged; the date after which such removal will be made; and contact information of the Harbor Master sufficient for the owner to contact him.
(4) 
If the owner of the subject vessel or wharf or any other structure similar in nature, damaged or undamaged, comes forth, the Harbor Master or Quincy Police Department can order the removal thereof under the provision of Subsection A. If the owner of the subject vessel or wharf or any other structure similar in nature, damaged or undamaged, does not come forth prior to the published date for removal, the Harbor Master is hereby authorized to remove it, either personally or by a person contracted by him, and all charges of removal, disposal or storage may be charged against the Waterways Maintenance Fund of the City. The Harbor Master is hereby authorized to contract with a person for the removal of the subject vessel or wharf or any other structure similar in nature.[1]
[1]
Editor's Note: Original § 12.24.038, Enforcement, which immediately followed this section, was repealed 6-1-2020 by Order No. 2020-012. See § 120-15, Enforcement; violations and penalties.
A. 
Whenever any ship or vessel enters any wharf or oil terminal to load or unload (deposit) oil or petroleum products into tanks and/or other receptacles within the City and its waters, it shall be provided with a plastic boom fore and aft of said ship so as to contain any seepage, overflow and/or excess oil from getting into and otherwise contaminating Quincy waterways.
B. 
It is the responsibility of the terminal owners and/or operators to provide this plastic boom for said purpose.
C. 
Harbor Master to report violations. The City Harbor Master shall be charged with enforcement of this section and shall report all spills or violations to the Mayor, City Council, state and City departments of public health, Fire Chief, U.S. Coast Guard, Army Corps of Engineers, Massachusetts Department of Environmental Protection and all others concerned.
D. 
Approval of booms. The City Harbor Master shall approve any and all booms mentioned in this section.
E. 
Failure to comply with this section will constitute a violation and is punishable by a fine of $50 per each day of violation.
F. 
Disposition of fines. All fines will be paid into the City Waterways Fund under this section.
No private marker, mooring or anchorage buoy, lobster pot buoy, or other temporary or permanent marker may be placed in the fairway or channel of Quincy waterways at any time without the express written permission of the Harbor Master unless such private marker, mooring or anchorage buoy, lobster pot buoy, or other temporary or permanent marker is authorized under MGL c. 91 or the regulations promulgated under said Chapter 91. Any unauthorized private marker, mooring or anchorage buoy, lobster pot buoy, or other temporary or permanent marker so placed in any fairway or channel in Quincy waterways shall be construed as a hazard to navigation and shall be removed by the person causing it to be in place upon the order of the Harbor Master. After failure of the person causing it to be in place, it may be removed by the Harbor Master, with no liability to the Harbor Master or the City of Quincy, or the agents, servants, or employees of either.
No person shall board or move any vessel in mooring or anchorage or disturb any tender except in case of emergency or with the express consent of the owner, master or operator of said vessel or as otherwise permitted by law.
No person shall operate a motor vehicle on any beach, flat or shoreline owned by the City of Quincy without the written permission of the Commissioner of Natural Resources.
[Amended 6-1-2020 by Order No. 2020-012]
This article is to be enforced by the Harbor Master, Assistant Harbor Masters, and any police officer authorized to make arrests in the City. Except where otherwise provided, violations of this article shall, for each offense, be punished by a fine of $50. All such fines shall be paid to the general fund of the City.
This article is enacted by the City of Quincy independently from any state law regarding the operation of vessels upon the waters of the commonwealth. All vessels being operated in Quincy waterways are expected to comply with both the laws of the commonwealth and the ordinances of the City of Quincy. In the event of a conflict between such laws and ordinances, the law of the commonwealth shall prevail.
The Harbor Master is hereby authorized to adopt regulations governing the Quincy waterways and, to the extent authorized under Massachusetts law, vessels on or in the Quincy waterways, including but not limited to the anchorage, mooring, and/or operation of such vessels; activities that take place on or in the Quincy waterways; and to the extent said vessels and activities affect and/or are related to or directed to the Quincy waterways, waters adjacent to the Quincy waterways, to the full extent permitted by law. All such waterways regulations shall be submitted to the Mayor for approval. Upon approval by the Mayor, a notice shall be published in a newspaper in circulation in the City of Quincy and copies thereof shall be made available through the Harbor Master, Chief of Police and the City web page. Said regulations may be amended from time to time in the same manner as set forth herein. All such waterways regulations shall be effective upon such publication. No such regulation shall conflict with the provisions of any City ordinance.