As used in this chapter, the following terms shall have the
meanings indicated:
BOAT
Includes every type of watercraft used or capable of being
used as a means of transportation on water, other than a seaplane.
BOAT OWNER
An individual or entity having legal ownership of a boat.
[Amended 4-6-1991]
COHASSET HARBOR
Consists of the body of water lying inside a straight line
projected across the channel from White Head Dolphin at Long's Point
to White Rock and shall not include the channel extending seaward
beyond that point, but shall specifically include all waters within
the Town of Cohasset lying west and south of the Border Street Bridge
known as "the Gulf."
[Amended 7-17-2000]
HARBOR MASTER
Includes the Harbor Master, Assistant Harbor Master, and
Deputy Harbor Masters, all duly appointed by the Board of Selectmen.
LENGTH OF BOAT
The length overall from the fixed most forward point of the
boat or its extremities to the point furthest aft, including, without
limitation, parts affixed to the boat such as bow pulpits, bowsprits,
boomkins, mizzen booms, rudders, swim platforms, and outboard motors
in raised position.
MOORING HOLDER
An individual or entity holding a valid mooring permit.
PRUDENT SEAMANSHIP
Having regard for the lives and safety of the public, state
of visibility, traffic density, maneuverability of vessels, state
of the wind, current, and water and the current Rules of the Road.
SKIN DIVER
A swimmer using fins, masks, snorkel tubes, or self-contained
underwater breathing apparatus.
TENDER
Shall refer to a skiff or dinghy used to transport individuals
or property from shore to a boat moored within Cohasset Harbor.
The boat owner or operator thereof shall not permit a boat to
be operated at a speed in excess of four nautical miles per hour or
cause a disturbing wake and shall use prudent seamanship within the
confines of Cohasset Harbor.
Any person skin diving in Cohasset Harbor shall on each occasion
obtain the prior permission of the Harbor Master and shall:
A. Display a diver's flag not less than 12 inches square consisting
of a red field and a white diagonal stripe;
B. Display such flag on a float or other similar device upright at a
height sufficient to be visible to passing boats;
C. Tow such float and flag with him while he is submerged in the water,
except that for commercial purposes, permission in writing may be
granted by the Harbor Master to display flags in another manner;
D. Be required to operate only from a boat attended by another person.
No person shall operate a boat in Cohasset Harbor while towing
a water skier, aquaplane, or other similar device except in connection
with a water carnival and exhibition authorized by the Selectmen or
in an area designated by the Selectmen. No person shall swim or dive
from Town or private piers or floats within Cohasset Harbor unless
enrolled in an organized instructional program permitted by the Harbor
Master. No swimming is permitted near or in a navigational channel,
fairway or an area where vessels normally navigate. No person shall
operate a boat in Little Harbor while towing a water skier, aquaplane
or other similar device except on even-numbered days.
No person shall discharge, deposit, or throw overboard into
the harbor oil, refuse, bait or any similar type of waste.
Small sailing classes will be allowed to race within Cohasset
Harbor when under the jurisdiction of an authorized committee recognized
by the Harbor Master. Such small boats shall respect the maneuvering
problem of larger vessels in the harbor and shall be equipped with
gunwale guards and shall make every reasonable effort to prevent damage
to other boats moored in the Harbor.
The Harbor Master shall be responsible for Town landings, floats
and piers and may promulgate regulations with respect to the use thereof.
Nothing contained herein shall be held or construed to supersede,
conflict, or interfere with, or limit the jurisdiction of the United
States Government with respect to the enforcement of the navigation,
shipping, anchorage, and associated laws of the United States, or
any lawful regulation of any department of the Commonwealth of Massachusetts
having jurisdiction over boats, harbors or navigable waters.
Any violation of the provisions of this chapter of the General Bylaws of the Town of Cohasset shall be subject to the penalty set forth in Chapter
1, §
1-6, and nothing contained herein shall preclude the Harbor Master from seeking other appropriate relief, including, without limitation, injunctive relief in the appropriate court having jurisdiction.