[HISTORY: Adopted by the Town of Nantucket as indicated in
article histories. Amendments noted where applicable.]
TOWN CODE REFERENCES
Town wharves and waterways — See Ch. 137.
[Adopted by the Board of Health 8-14-1985[1]]
[1]
Editor's Note: The Board of Health approved the codification
of its regulations, as revised, 6-16-2022.
No person shall dispose of, or if in control of any vehicle,
boat or other conveyance, allow to be disposed of, in or on any way
to which the public has access, or in or on any stream, pond, creek,
waterway, estuary, harbor, beach or foreshore in the Town of Nantucket,
any garbage, refuse, bottles, cans, containers, gray water, treated
or untreated sewage or other refuse material of any kind or nature.
Any person violating this regulation shall be punished by a
fine of not more than $300 for each offense.
[Adopted by the Board of Selectmen (now Select Board) 4-23-2014[1]]
[1]
Editor's Note: The Select Board approved the codification
of its regulations, as revised, 4-13-2022.
As used in this regulation, the following terms shall have the
meanings indicated:
Any space wherein a vessel is confined by wet slip, dry stack,
float, mooring, or other type of docking facility.
A vessel which is used to engage in the industry or occupation
devoted to the catching, processing, or selling of fish, shellfish,
or other aquatic animals.
A vessel engaged in commercial trade or that carries passengers
for hire.
A small self-propelled vessel used for transportation to
and from a dock or wharf, and/or between vessels moored in the harbor.
An annual permit issued by the Town of Nantucket for a dinghy.
Includes swimmers using fins and/or masks and/or snorkel
tubes or self-contained underwater breathing devices and may include
those diving without aids, where the circumstances are appropriate.
In Nantucket waterways as defined herein, a vessel's water/soap
discharge, which is derived from galley, bath, showers, dishwashing
and laundry equipment.
Officer appointed by the Town to perform the duties of Harbormaster.
Parents, grandparents, children, sister, brother, and spouse.
A liveaboard is a person who sleeps aboard a vessel and the
vessel is considered as a residence for any period of time as determined
by the Harbormaster.
A means of temporarily berthing a vessel utilizing a dead
weight, mushroom or pyramid-type bottom anchor affixed to a chain
or other method approved by the Harbormaster, which is affixed to
a buoy.
Annual permit issued by the Town of Nantucket for the placement
and use of a mooring in Nantucket waterways pursuant to MGL c. 91,
§ 10A. "Mooring permit" does not include the mooring license
agreement permitting the installation of rental moorings.
Includes all of the navigable waters within the boundaries
of Nantucket County, which shall include all harbors, rivers, bays
or ponds, including waterways which, from time to time, may be temporarily
nonnavigable by reason of low tides, drought or seasonal weather and
water conditions.
Includes an individual, corporations, societies, associations,
partnerships, trusts or other business or corporate entities recognized
by law as having the standing of a person.
A nonpropelled floating craft, not intended for transportation
purposes.
A vessel manufactured or operated primarily for pleasure.
Mooring installed and maintained by the mooring licensee
pursuant to a mooring license agreement between the mooring licensee
and the Town.
Town of Nantucket, Massachusetts.
Municipal pier located at 34 Washington Street, to include
timber pier and floating dock.
A vessel visiting Nantucket waterways for a short period
of time not exceeding 48 hours.
Ships and boats of all kinds, including barges, sailing vessels,
watercraft and powerboats of any type or kind by whatever means propelled;
every structure designed, adapted, or capable of being navigated,
towed or operated on water from place to place for the transportation
of merchandise, people or for any other purpose.
The official list of names of mooring permit applicants managed
by the Town.
Those uses and facilities which require direct access to,
or location in, marine or tidal waters and which therefore cannot
be located inland, including, but not limited to: marinas, recreational
uses, navigational and commercial fishing and boating facilities,
water-based recreational uses, navigation aids, basins, and channels,
industrial uses dependent upon waterborne transportation or requiring
large volumes of cooling or process water which cannot reasonably
be located or operated at an inland site.
A.
Except in an emergency, no vessels shall be made fast to any of the
Town's wharves, floats or piers without the permission of the Harbormaster.
B.
No person shall leave any vessel, fishing equipment, fish or any
other personal property upon Town landing places, floats, wharves
or pier for longer than is necessary in the act of loading or unloading
the same to and from vessels or vehicles.
C.
The Town shall not be responsible for any loss or damage to vessels
at the Town wharves, floats, pier or moorings. Owners will be held
responsible for damage caused by them or their vessels to structures
and pilings and related facilities owned by the Town.
D.
No warp or line shall be passed across the channels or any dock so
as to obstruct or interfere with vessels navigating in the area.
E.
Except in an emergency, no vessel shall fuel at any of the Town's
wharves, floats or piers without the permission of the Harbormaster.
F.
Vessels shall not be permitted to tie up or otherwise be made fast
at the Nantucket Town pier or wharves in Madaket, except as authorized
by the Harbormaster.
G.
All vessels using the Town wharves and waterways shall observe all
police, fire, health and sanitary regulations of the Town, and the
owners or operators of such vessels shall not permit acts contrary
to good order, public safety or public health, including public profanity
or obscene language or indecent exposure. Unnecessary noise, loud
talking or playing of musical instruments between the hours of 10:00
p.m. and 7:00 a.m. (10:00 p.m. and 7:30 a.m. between June 15 and September
15 each year) is not permitted. No person upon such vessel shall throw
garbage, paper, refuse or debris of any kind into the harbor.
H.
Commercial or business use of any vessel or watercraft docked at
any Town-owned dock, pier or wharf is prohibited, except that charter
or commercial fishing boats or other uses defined as "water-dependent"
as herein defined and provided that such uses and the vessels employed
in such uses are first allocated dock space in accordance with these
regulations.
I.
No vessel or watercraft of any kind whatsoever which is painted with
paints containing butyltin compounds shall be permitted to moor in
Town waters or tie up at the Town wharves, whether private or public.
J.
Between October 15 and April 15, all dinghies not servicing vessels
presently moored in the harbor shall be removed from any property
where dinghy storage has been permitted.
K.
After October 30, the Town may remove any dinghy left on any property
where storage has been permitted. Following such removal, the Harbormaster
shall give notice of the removal as follows:
(1)
If the owner is known, then by mail, email or hand-delivery;.
(2)
If the owner is unknown, then by publication in a newspaper of general
circulation within the Town.
(3)
If, after 30 days following the publication or written notice, the
owner has failed to claim the dinghy and reimburse the Town for removal
costs, the dinghy may then, at the discretion of the Harbormaster,
be sold at public auction to cover the costs of removal. If said auction
produces surplus proceeds after payment of the costs of removal, said
surplus shall be held in a separate account and be paid over to the
owner upon proof of ownership.
L.
There shall be no liveaboards at any Town pier or wharf. Liveaboards
shall only be allowed within the Nantucket boat basin, or in Nantucket
waterways if the vessel is tied to a mooring that is authorized by
the Town pursuant to these regulations. Vessels used as liveaboards
that are anchored are prohibited.
M.
Vessels using Nantucket waterways for more than 48 hours, which are
not berthed or trailered, must utilize a mooring which has been permitted
under these regulations or a rental mooring. The Harbormaster may,
in the event of no suitable berthing space being available, allow
transient vessels to anchor in an approved area until such time as
a berthing space becomes available.
A.
Mooring equipment.
(1)
All moorings must be registered and a permit for the mooring must
be approved prior to the placement of the mooring. No mooring shall
be placed by any person or mooring handler unless a mooring permit
has been issued. The Harbormaster may authorize a temporary mooring
placement on a case-by-case basis pending issuance of a mooring permit.
(2)
The location of all moorings shall be determined from time to time
by the Harbormaster. No mooring shall be located in the main stream,
channel or turning basin of any of the harbors of the Town unless,
in the opinion of the Harbormaster, the particular circumstances require
it. Moorings shall be located so that vessels lying on them shall
not block any channel or approach to wharves or other moorings in
the vicinity or create any other hazard to navigation.
(3)
No vessel shall use a mooring in Nantucket waterways unless the mooring
is in good condition and meets the following minimum standards unless
otherwise determined by the Harbormaster:
|
Length of Boat
(feet)
|
Mushroom Mooring
(pounds)
|
Concrete Block Mooring
|
|---|---|---|
|
Under 14
|
75
|
Subject to individual approval by the Harbormaster
|
|
15 to 18
|
150
| |
|
19 to 22
|
200
| |
|
23 to 26
|
300
| |
|
27 to 32
|
500
| |
|
Over 32
|
Subject to individual approval by the Harbormaster
| |
(4)
No vessel shall use a mooring unless the chain is in good condition
and the length is at least the vertical height above the sea bottom
to four feet above mean high water. The maximum length of chain shall
be no more than 2.5 times the maximum depth of the water, except where
the Harbormaster determines otherwise. All mooring chains shall be
of a grade suitable for moorings and meet the following minimum size
standards:
|
Length of Boat
(feet)
|
Chain Minimum Size
(inches)
|
|---|---|
|
10 to 23
|
1/2
|
|
24 to 32
|
5/8
|
|
Over 33
|
3/4 - 1 as determined by the Harbormaster
|
(5)
No vessel shall use a mooring pennant unless it is in good condition
and of a type suitable for moorings. The length shall be no longer
than half the length of the vessel. Pennant line size shall be:
|
Length of Boat
(feet)
|
Line Minimum Size
(inches)
|
|---|---|
|
Up to 10
|
7/16
|
|
11 to 23
|
1/2
|
|
24 to 32
|
5/8
|
|
Over 33
|
3/4
|
|
NOTE: The use of synthetic lightweight high-strength pennant
lines such as Dyneema and Spectra may be used in lesser dimensional
sizes, provided that such use provides equal or greater tensile strength
than the standard line sizes listed above.
|
(6)
Moorings shall be inspected by the Harbormaster, or by a designated
representative, at least once every two years to determine their compliance
with the regulations herein. Proof that the mooring has been inspected
is a requirement for a mooring permit to be issued. If a permit is
not issued pending an inspection, and a period of 30 days elapses
from the date that the permit is requested to be issued, the Harbormaster
shall notify the permit holder by certified mail at the address appearing
on the permit application that if the permit holder fails to provide
proof of inspection within 30 days, the mooring permit will be forfeited.
(7)
The Harbormaster may remove, relocate or order the removal of any
mooring not in compliance with these regulations. The expense of such
removal or relocation shall be the responsibility of the owner.
(8)
The Harbormaster may order the removal or relocation of any mooring
whenever, in the judgment of the Harbormaster, the safety of other
vessels or the optimum use of the area requires such action. The expense
of such removal or relocation shall be the responsibility of the owner.
Except when immediate removal is deemed necessary by the Harbormaster,
an owner shall have at least 14 days to relocate or remove a mooring
when so ordered by the Harbormaster.
(9)
All moorings shall be removed from areas designated by the Harbormaster
as shell fishing areas prior to October 15.
(10)
All mooring buoys shall be white and have a minimum one-inch
blue band visible above the water. Buoys shall be marked with the
permit number assigned by the Harbormaster. The numbers shall be a
minimum of three inches in height and be clearly visible. Mooring
buoys shall be of customary shape and materials as determined by the
Harbormaster.
(11)
Spar buoys shall be upright at all times and not less than 40°
at any period of tide and not less than 18 inches exposed.
(12)
The Harbormaster may order the removal of any buoy deemed to
be inappropriate in form, appearance or construction.
(13)
Helix type or any other permanent mooring that has not been
permitted pursuant to Chapter 91 of the General Laws or received a
permit from the U.S. Army Corps of Engineers is prohibited.
B.
Mooring permits.
(1)
To be eligible for a mooring permit, any vessel habitually moored
in Nantucket waterways shall have paid any excise tax due pursuant
to Chapter 60B of the General Laws. Furthermore, only Massachusetts
registered vessels, nonmotorized vessels or vessels with a valid federal
documentation certificate showing the vessel's hailing port of Nantucket
shall be eligible for a mooring permit.
(2)
All applications for a mooring space in any Nantucket harbor or waterway
shall be submitted to the Town on the mooring permit application form.
All information requested on the form must be supplied or the application
may be rejected.
(3)
The mooring permit decal issued by the Town shall be firmly affixed
to the boat on the port side of the bow, or in the case of classic-design
wooden sailboats, the port side of the mast.
(4)
Only the registered boat, displaying a current and valid mooring
permit decal, which is owned by the person to whom the mooring permit
was issued, shall fasten to the mooring.
(5)
At the time of the mooring permit issuance, if the mooring permit
holder does not currently own a vessel or is not a person lawfully
entitled to possession and use of a vessel for the season for which
a mooring permit is granted, no mooring permit will be issued. The
mooring permit holder will have 12 months to acquire a vessel of the
same type and size as stated on his/her mooring permit application.
If, at the end of 12 months, the vessel has not been obtained, the
mooring permit shall be forfeited and the person will be placed at
the bottom of the wait list.
(6)
If an individual holds a valid mooring permit and sells his/her rights
to the boat with the intention of replacing it with a vessel of the
same type and length, he/she will have 12 months to replace the vessel.
If, at the end of 12 months, the vessel has not been replaced with
a vessel of the same type and length, the mooring permit shall be
forfeited and the individual will go to the top of the waiting list
for an appropriate mooring location.
(7)
No mooring permit shall be transferable to another person, except
to a person within the immediate family of the permit holder upon
approval of the Harbormaster.
(8)
The sale, rental or subletting of a mooring permit issued pursuant
to these regulations is prohibited. However, the Harbormaster may
permit the time sharing of moorings in order to maximize the usage
of the mooring fields, provided that the permit fee has been paid
by the mooring permit holder and the time share vessel is of the same
type and approximate length of the vessel shown on the mooring permit.
Time sharing of a mooring shall be limited only to registered mooring
handlers for vessels less than 26 feet in length. Vessels engaged
in a time share situation shall comply with marking and reporting
requirements as determined by the Harbormaster.
(9)
Mooring permits shall be for a period of one year, or any fraction
thereof, terminating on December 31 of each year, unless earlier revoked
by the Harbormaster, and shall be renewable annually for one year.
All mooring permit holders shall ensure annually that their vessel
information, contact information, mooring handler and other information
as required by the Town is current and up-to-date. Failure to update
and/or review the information annually may result in the nonrenewal
of the mooring permit until such information is verified.
(10)
Payment for the annual mooring permit shall be paid in full
by January 1.
(a)
If payment is not received by this date, the Town shall:
[1]
Assess a late fee;
[2]
Send notice of nonpayment by first class mail to the address
that the permit holder currently has on file, advising the permit
holder that the permit will be forfeited if payment is not received
by February 15.
[3]
If payment is not received by March 15, send notice by certified
mail advising the permit holder that his/her mooring permit has been
revoked.
[4]
If the permit holder responds to the certified mail notice by
April 15, reinstate the permit for a fee set from time to time by
the Select Board and also upon payment of the applicable mooring permit
fee.
(b)
If no response is received, or full payment of late fees and
all permit fees is not made by April 15, the permit is forfeited and
the mooring location will be offered to the next person on the waiting
list.
(11)
In areas where no additional mooring spaces are available, applicants
shall be placed on a waiting list maintained by the Town.
(a)
The waiting list shall include the names of applicants waiting
for moorings in chronological order of application, regardless of
the applicant's preference for a particular mooring location. The
person at the top of the official waiting list shall have priority
to obtain the next available location, but may waive the right to
the next available location if it is not in a place convenient for
him/her without losing his/her place at the top of the waiting list.
In the event of a waiver, the next person on the list shall be offered
the location, and if that person waives the right to the location,
the next successive person shall be offered the location until someone
in succession on the list elects to take the mooring location. Notice
to the person entitled to the next available mooring shall be in writing
or by any reasonable method.
(b)
It shall be the responsibility of wait list applicants to notify
the Town of any address or information change. Notification of mooring
availability to wait list applicants shall be only to the information
supplied to the Town on the mooring permit application. The Town is
under no obligation to seek out wait list applicants who fail to respond
to notice of mooring space availability.
(12)
Dinghies of less than 10 feet attached to permitted moorings
shall be required to have a dinghy permit. Dinghies less than 10 feet
are otherwise exempt from the mooring permit requirements herein,
provided that the mooring is properly permitted and there is a primary
vessel regularly attached to the mooring which bears a valid mooring
permit decal. Vessels that are greater than 10 feet in length are
subject to all mooring permit requirements and shall not be fastened
to a mooring unless it is properly permitted.
C.
Dinghy permits.
(1)
In waterfront areas where the Harbormaster has constructed racks
or designated an area for the storage of dinghies, any dinghy in these
areas shall have a dinghy permit issued by the Town.
(2)
Dinghy permits shall be issued by the Town only to those persons
who have a valid mooring permit upon payment of a fee. Only one dinghy
permit shall be issued to each mooring.
(3)
Dinghy permits shall be affixed the left (port) side of the dinghy
where it is clearly visible.
(4)
Only permitted dinghys shall be stored in dinghy storage racks. If
rack space is not available, then dinghies shall be stored neatly
in an area designated by the Harbormaster.
(5)
Dinghy storage is prohibited if there is insufficient storage space
in the racks or insufficient space in areas so designated as dinghy
storage areas. Dinghys shall be removed from the area by the owner
immediately after use. The determination of dinghy storage spaces
shall be in the sole determination of the Harbormaster.
D.
Liveaboards.
(1)
There shall be no liveaboards at any Town pier or wharf. Liveaboards
shall only be allowed within the Nantucket Boat Basin, or in Nantucket
waterways if the vessel is tied to a mooring that is authorized by
the Town pursuant to these regulations. Vessels used as liveaboards
that are anchored are prohibited.
(2)
No vessel shall be moored in Nantucket waterways and used as a liveaboard
for a period exceeding 48 hours unless the owner of the vessel is
present during that period of time or there is a person who is licensed
as a U.S. Coast Guard Captain with a minimum rating as an Operator
of Uninspected Passenger Vessels on board.
(3)
Vessels used as a liveaboard shall be required to complete a registration
form listing information as required by the Harbormaster, to include,
at a minimum, the vessel owner's name, address, vessel type and
identifying information of persons using the vessel as a liveaboard.
(4)
Vessels used as a liveaboard shall have a current boaters insurance
policy.
(5)
Vessels used as a liveaboard shall be capable of traveling under
their own motorized propulsion to a sewer pumpout station located
at the Town Pier or Nantucket Boat Basin.
A.
Capacity and slip assignments. The standing or fixed pier has 55
slips which can accommodate recreational vessels up to and including
30 feet in length. Three slips are designated for the Town for the
pump-out and patrol boats. The Harbormaster may designate additional
spaces for Town purposes as needed.
B.
Slip assignments revocable license.
(1)
Slips assignments to vessels will be subject to a revocable license
agreement between the Town and the vessel owner. The revocable license
agreement shall contain the terms of the agreement for the slip assignment.
Failure to comply with the terms of the license agreement shall result
in the termination of the license and forfeiture of the slip without
refund.
(2)
Only persons who are at least 18 years of age are eligible to enter
the slip lottery and execute a slip license.
(3)
Only vessels with mechanical power, 35 feet in length or smaller,
and either having a current and valid Massachusetts vessel registration
or valid federal documentation certificate showing the vessel's
hailing port of Nantucket, are eligible for entry into the slip lottery
and subsequent awarding of a slip assignment.
(4)
The term of any revocable slip assignment license will be from May
1 through September 30, whether or not the revocable license is automatically
renewable from year to year.
(5)
No vessel may be placed in a slip prior to May 1, and no vessel may
remain in a slip after September 30 without permission of the Harbormaster.
The permission of the Harbormaster notwithstanding, no additional
rights or term of occupancy is to be implied as a result of the Harbormaster
allowing early arrival or late departure from a licensed slip.
C.
Recreational vessels.
(1)
Recreational vessel slips are divided into two categories, "A" and
"B." Thirty-five slips will be designated as category "A," and 35
slips will be designated as category "B."
(2)
Category "A" recreational slip assignments shall be awarded by lottery and be allowed a two-year slip license. The category "A" revocable slip license will be renewable for the second year without participation in the lottery as long as the slip holder remains current with payments and is in compliance with all applicable rules, regulations and bylaws of the Town or unless otherwise cancelled by the Town of Nantucket or the license holder. When a category "A" slip becomes available, its initial assignment shall be by lottery pursuant to § 278-6H.
(3)
Category "B" recreational slip assignments shall annually be awarded
by lottery. The category "B" revocable slip license will expire each
year. It will not be renewable and any previous category "B" holder
must participate in the annual slip lottery.
(4)
Persons who are awarded a recreational "A" or "B" slip assignment
shall have 30 days after the lottery to make payment and execute a
revocable slip assignment license. If no payment is made and/or the
revocable slip license is not returned within the 30 days, then the
slip assignment shall be forfeited and offered to the next eligible
vessel on the lottery waiting list.
(5)
Notwithstanding any other provision herein, the Harbormaster may
remove any vessel from eligibility for a revocable slip license if
the available slip spaces are insufficient to safely accommodate the
size of the vessel.
D.
Commercial use/commercial fishing vessels.
(1)
Commercial use/fishing vessels slips are divided into two categories,
"A" and "B." Six slips on the floating dock will be designated for
each category for vessels less than 40 feet. Commercial fishing vessels
40 feet and greater and transient fishing vessels will tie-up at the
end of the fixed pier and will not participate in the lottery. There
is no guarantee of space on the fixed pier for commercial fishing
vessels 40 feet and greater or transient fishing vessels. Accommodation
of space for these vessels will be made upon the determination of
availability by the Harbormaster.
(2)
Category "A."
(a)
Six available spaces; initial commercial use/fishing vessels slip space is drawn at lottery. Once awarded, the revocable slip license will be renewable each year without participation in the lottery as long as the slip holder remains current with payments and is in compliance with all applicable rules, regulations and bylaws or unless otherwise cancelled by the Town of Nantucket or the license holder. When a Category "A" slip becomes available, its initial assignment shall be by lottery pursuant to § 278-6H.
(b)
Eligibility. Any person wishing to apply for a Category "A"
commercial use/fishing vessel slip and entry into the commercial use/fishing
vessel slip lottery must provide sufficient information which proves
beyond a reasonable doubt that the applicant spends a major portion
of his/her annual work time in water-based commercial industry and
that greater than 60% of his/her annual income is derived from the
commercial business. Proof of eligibility may include, but not necessarily
be limited to:
(3)
Category "B."
(a)
Six available spaces. Category "B" vessel is drawn in the lottery annually pursuant to the procedures in § 278-6H. The revocable license is for one year.
(b)
Eligibility. Any person wishing to apply for a category "B"
commercial use slip must provide sufficient information which proves
beyond a reasonable doubt that the applicant's vessel spends a portion
of its annual work time in the water-based commercial industry and
that a portion of its annual income is derived from the commercial
business. The applicant must provide a fishing license or equivalent
and the vessel must be registered or documented as commercial. Proof
of eligibility may include, but not necessarily be limited to:
(4)
The Town may assess a commercial use user fee for vessels utilizing
the Town pier, children's beach ramp and Barrett Pier in Madaket as
a primary loading and off-loading point for customers and/or wares.
The Town will require that any commercial users subject to this fee
be required to obtain an insurance liability policy naming the Town
as an additional insured.
E.
Handicap-accessible slips.
(1)
Two slips on the floating pier shall be made available for handicapped persons. Initial handicap slip space is drawn at lottery. Once awarded, the revocable slip license will be renewable each year without participation in the lottery as long as the slip holder remains current with payments and is in compliance with all applicable rules, regulations and bylaws or unless otherwise cancelled by the Town of Nantucket or the license holder. When a handicap slip becomes available, its initial assignment shall be by lottery pursuant to § 278-6H.
(2)
Eligibility for a handicap-accessible slip requires the applicant
to be eligible for a state-issued handicap parking sticker.
F.
Slip assignment wait list. For recreational vessels, a wait list
of 20 will be drawn at the annual lottery. For Category "B" commercial
use/fishing vessels, a wait list of three will be drawn at the annual
slip lottery. For handicap slips, a wait list of one will be drawn
at the annual slip lottery.
G.
Floats and rafts.
(1)
No raft or float shall be moored in Nantucket waterways unless the
location of said float or raft has been approved by the Harbormaster
and a mooring permit issued by the Town.
(2)
Any vessel which is tied to a raft or float as a moored vessel shall
have a mooring permit for each individual vessel so tied.
(3)
The Harbormaster shall make the determination of the maximum allowable
vessels which may be tied to a raft or float. The Harbormaster may
fine either the vessels so tied and/or the raft or float owner in
violation if the number of vessels so approved is exceeded.
H.
Slip lottery.
(1)
The annual lottery will be held in October of each year. The date
of the lottery shall be advertised for at least two weeks prior to
the lottery date.
(2)
Only a single entry into the lottery for a vessel shall be allowed.
Requirements for entry into the slip lottery are:
(3)
Vessel registration number shall be entered into the lottery based
upon information provided to the Town on the slip lottery assignment
application form. Slip applications shall contain such information
that the Town may require and be accepted up to 48 hours prior to
the lottery, provided that the new slip lottery application fee has
been paid.
(4)
The lottery shall be conducted by placing the vessel number (or other
corresponding unique number) into a bin, where they will be randomly
drawn by the Harbormaster or their designee. The number drawn shall
be publicly announced with the corresponding vessel and owner's
name. Such information shall be recorded by the Harbormaster at the
time of the lottery. Separate lottery draws shall be done for assignment
of each class of slip license (A&B recreational, commercial and
handicap).
A.
Fees for mooring permit applications, mooring permits, mooring permit
wait list, rafts or floats shall be set from time to time by the Select
Board.
B.
Fees for Town pier slips and slip applications shall be set from
time to time by the Select Board.
(1)
The minimum slip per-foot charge per season is 22 feet.
C.
Payment for all mooring fees, commercial and Category "A" recreational
slips shall be received by January 1. If payment is not received by
this date, the Town shall:
(1)
Assess a late fee;
(2)
Send notice of nonpayment by first class mail to the address that
the permit holder currently has on file or by email advising them
that their slip will be forfeited if payment is not received by February
1.
(3)
If payment is not received by February 15, the Town shall send notice
by certified mail and email advising the slip holder that their mooring
permit or revocable Town Pier slip license has been revoked.
(4)
If the mooring permit or slip license holder responds to the certified
mail or email notice by March 15, the mooring permit or revocable
slip license shall be reissued for a reissuance fee and also upon
payment of the annual applicable fees.
(5)
If no response is received, or full payment of late fees and all
permit fees is not made by April 1, the permit is forfeited and the
mooring or slip location will be offered to the next person on the
waiting list.
(6)
Refunds will not be provided.
[1]
Editor's Note: See also the Schedule of Fees included as an attachment to this chapter.
A.
Enforcement. The Harbormaster, Assistant Harbormasters, Mooring Enforcement
Officers and any police officer are authorized to enforce these regulations.
C.
Penalties. Whoever violates any of the provisions of these regulations
shall be punished by a fine amount of $100 each day of continued violation
constituting a separate offense.
The provisions of these regulations are hereby declared to be
severable; and if any provision of these regulations is invalid, such
invalidity shall not affect or impair any other provision hereof.
