[Adopted by the Board of Health 8-14-1985]
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]
As used in this regulation, the following terms shall have the
meanings indicated:
BERTH
Any space wherein a vessel is confined by wet slip, dry stack,
float, mooring, or other type of docking facility.
COMMERCIAL FISHING BOAT
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.
COMMERCIAL USE
A vessel engaged in commercial trade or that carries passengers
for hire.
DINGHY
A small self-propelled vessel used for transportation to
and from a dock or wharf, and/or between vessels moored in the harbor.
DINGHY PERMIT
An annual permit issued by the Town of Nantucket for a dinghy.
DIVER
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.
GRAY WATER
In Nantucket waterways as defined herein, a vessel's water/soap
discharge, which is derived from galley, bath, showers, dishwashing
and laundry equipment.
HARBORMASTER
Officer appointed by the Town to perform the duties of Harbormaster.
LIVEABOARD
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.
MOORING
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.
MOORING PERMIT
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.
NANTUCKET WATERWAYS or WATERWAYS
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.
PERSONS
Includes an individual, corporations, societies, associations,
partnerships, trusts or other business or corporate entities recognized
by law as having the standing of a person.
RAFT OR FLOAT
A nonpropelled floating craft, not intended for transportation
purposes.
RENTAL MOORING
Mooring installed and maintained by the mooring licensee
pursuant to a mooring license agreement between the mooring licensee
and the Town.
TOWN
Town of Nantucket, Massachusetts.
TOWN PIER
Municipal pier located at 34 Washington Street, to include
timber pier and floating dock.
TRANSIENT
A vessel visiting Nantucket waterways for a short period
of time not exceeding 48 hours.
VESSEL
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.
WAITING LIST
The official list of names of mooring permit applicants managed
by the Town.
WATER-DEPENDENT USES
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.
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.