[HISTORY: Adopted by the Town Meeting of the Town of Norwell as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-9-2006 ATM, Art. 37 (formerly designated Art. XIX)]
Town landings for the purpose of this bylaw are defined as the landings to the east of the Union Street Bridge and at the end of Chittenden Lane.
The proper usage of the Town launching ramps shall be determined by the Selectmen. This shall include the proper parking of trailers and motor vehicles at the approach to the ramp.
Persons using Town ramps for hauling of larger boats requiring cradles shall apply to the Selectmen for permission. Such cradles and/or boats shall not remain on the Town ramps for more than one tide.
No major boat repairs or complete maintenance work shall be done at Town ramps or docks. Ramps and walkways shall be kept clear at all times. After 24 hours, equipment stored in violation of this section will be considered abandoned and removed at the owner's expense.
The Town is not responsible for any loss or damage to boats at Town ramps and docks. Owners will be held responsible for damage to structures and pilings owned by the Town.
Open alcoholic beverages are prohibited from the landings and the adjacent parking areas.
No person shall swim or dive from Town-owned ramps or docks.
Minor children shall not be allowed the use of Town launch ramps without adult supervision unless age 16 or 17 and in possession of a boating safety certificate.
Parking at the Union Street Bridge and Chittenden Landing is restricted to Norwell residents and property owners. All vehicles parked on these properties must purchase and visibly display a current Norwell Town Landing Permit (available from the Board of Selectmen) or a Norwell Recycling Permit (available from the Board of Health). Unauthorized parking in all roadways and fire lanes approaching the parking lot is prohibited at all times. Fines for such unauthorized parking will be determined by the Board of Selectmen. All parking is on a first come, first serve basis. When parking capacities are reached, vehicle access restrictions will be imposed.
The landings shall be closed to all use daily from sunset to sunrise.
Whoever violates any provision of this bylaw or any rule or regulation adopted under this bylaw will be fined and/or may have their use privileges revoked. Fines will be determined by the Board of Selectmen. This bylaw shall be enforced by the Selectmen or their designees. In addition to the foregoing, and as an alternative to such methods of enforcement, the Board of Selectmen or their designees may, at their discretion, enforce the provisions of this bylaw using the noncriminal disposition manner provided for under MGL c. 40, § 21D.
In the event that any provision, section or clause of the bylaw is hereinafter judicially found to be invalid, such invalidity shall not affect the validity of the remaining portions of the bylaw.
[Adopted 5-15-2007 ATM, Art. 47 (formerly designated Art. XX)]
This bylaw is adopted by the Town under its police powers to protect public health and welfare and its powers under MGL c. 90B, § 15; c. 91, § 10A; c. 102, §§ 19 to 28; c. 43B, § 13; c. 40, §§ 21D and 57; and c. 60B, § 4, and 310 CMR 9.07 and all other applicable laws and regulations.
The purpose of this bylaw is to protect the public peace, good order and general welfare; to preserve and protect the waters of the North River within the jurisdiction of the Town of Norwell; to promote, preserve and protect the exercise and enjoyment of the public rights of fishing, fowling and navigation; and to so regulate the use of the waters of the North River within the jurisdiction of the Town of Norwell as to protect and promote the public health, safety, convenience and enjoyment thereof.
In construing this bylaw, the following words shall have the meaning herein given, unless a contrary intent clearly appears:
- Any space wherein a boat is confined by a mooring, wet slip, pier, dock, float, or any other type of docking facility.
- BOAT or VESSEL
- Includes every description of watercraft, used or capable of being used as a means of transportation on the water, including seaplanes, amphibious vehicles, and any other variable use craft when navigating, moored, or berthed on the water, excluding canoes, kayaks, and boats 12 feet in length and under.
- A facility whose function is the construction, repair, or maintenance of boats, which may include provisions for boat storage and docking while awaiting service.
- Any Harbormaster and any Assistant Harbormasters duly appointed by the Norwell Board of Selectmen from time to time, and in the absence of any such appointment, the powers and authority of the Harbormaster shall be vested in the Norwell Board of Selectmen.
- A berthing area with docking facilities under common ownership or control and with berths for 10 or more vessels, including commercial marinas, boat basins, and yacht clubs. A marina may be an independent facility or may be associated with a boatyard.
- A place where buoyant vessels, lobster-cars, floats, or rafts are secured to the bottom of a water body and the mooring tackle, including the block, chain, buoy, pennant, and any other equipment, used to secure the vessel by permit from the Harbormaster.
- MOORING PERMIT
- Written authorization issued by the Town of Norwell to place a mooring within the North River or to berth a boat upon a wet slip, pier, dock, or float within the North River.
- NORTH RIVER
- The waters within the North River lying within the Town of Norwell, as defined in NOAA map dated February 1979.
- Includes individuals, corporations, societies, associations, and partnerships.
No person shall place any block, chain, pennant or other mooring device within the North River, or moor or berth any boat or vessel upon any wet slip, pier, dock or float within the North River, without first obtaining a mooring permit from the Harbormaster.
A mooring permit must be obtained for each mooring placed and for each boat moored or berthed within the North River for each calendar year, and a fee set by the Selectmen shall be paid for said permit to the Harbormaster on a form prescribed by the Selectmen. The application shall set forth the name and address of the owner, the size and type of the boat to be moored or berthed, the size and type of the mooring, and, if the mooring is already in the water, the location thereof with sufficient details to enable the Harbormaster to locate it. No mooring shall be rented, except by an operator of a private, public, or commercial marina upon such terms, conditions, and regulations established by the Harbormaster. The Harbormaster shall not issue mooring permits to persons who have delinquent excise taxes.
The Harbormaster shall prepare regulations governing the use of moorings, applications for mooring permits, and the size and specifications for moorings, their hardware and pennants. All such regulations shall be submitted approval. Upon approval, the regulations shall be published once in a newspaper of general circulation in the Town and shall be posted for seven consecutive days at the Harbormaster's office and at the Town Clerk's office and shall become effective upon expiration of said seven days. Copies of such regulations shall be available upon request at the Town Clerk's office and at the Harbormaster's office. Such regulations may be amended from time to time in the same manner.
Any hazard to navigation or property, or any mooring placed or boat berthed within the limits of the North River in violation of the foregoing provisions, may be removed by the Harbormaster at the expense of the owner.
Whoever violates any provision of this article or any rule or regulation adopted under § 64-10 hereof, and whoever fails to obey the lawful and reasonable orders of the Harbormaster, or resists him/her in the execution of his/her duties, shall be fined up to $50 for each such violation and/or may have their mooring privileges revoked. This article shall be enforced by the Harbormaster or by the Board of Selectmen.
As an alternative to initiating criminal proceedings as described above, the Harbormaster or the Board of Selectmen may dispose of a violation of this bylaw and any rule or regulation promulgated hereunder as a noncriminal disposition and subject to a penalty of $50 for each such violation pursuant to the provisions of MGL c. 40, § 21D.
A violation of each specific bylaw, rule or regulation shall be deemed a separate offense, and each day on which a violation occurs shall be deemed a separate offense and subject to the penalties stated herein.