[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.
TOWN REGULATIONS REFERENCES
Harbors and waterways — See Ch. 278.
[Adopted by the Board of Selectmen (now Select Board) 7-27-1994[1]]
[1]
Editor's Note: The Select Board approved the codification
of its regulations, as revised, 4-13-2022.
In accordance with Chapter 137, Town Wharves and Waterways, § 137-18, of the Code of the Town of Nantucket, no person shall engage in the business of renting to the public, for public operation, any personal watercraft, jet ski, surf jet or wet bike or any motorboat that uses an inboard motor powering a water jet pump or a propeller as its primary source of motive power and that is designed to be operated by a person sitting, standing or kneeling on the vessel rather than the conventional manner of sitting or standing inside a vessel within Nantucket waterways without first having obtained a license to do so from the Town of Nantucket Select Board in compliance with § 137-18 of the Code of the Town of Nantucket, in compliance with MGL c. 90B, § 9A and § 9B and 323 CMR 4.00, in compliance with all federal, state or local laws pertaining to their use, and in compliance with these rules and regulations.
On land owned by the Town of Nantucket, the use, rental of and
operation of personal watercraft shall be prohibited.
Annually, the Select Board, acting by and through the Marine
Department, shall issue public notification of the availability of
one such license and shall accept sealed competitive bids for such
license. The license may be awarded annually to the most responsible
bidder providing the best service to the public.
The annual license fee shall be set from time to time by the
Select Board.
A.
In order to provide adequate insurance for the protection of employees
and the public, the licensee shall at all times during the license
period maintain in effect a workers' compensation insurance policy
for employees in an amount sufficient to meet the obligations as set
forth in the General Laws and a liability insurance policy in the
amount of $1,000,000 per person, and shall show proof of such insurance
prior to the issuance of the personal watercraft rental license.
B.
An appropriately staffed and equipped chase boat shall be stationed
at or near the designated use area. The chase boat shall be equipped
with the following:
C.
The licensee shall provide at the time of rental to each user of
rented equipment a complete explanation of safe operation of the watercraft
and shall further provide personal safety equipment required by 323
CMR 4.00 and shall provide a copy of 323 CMR 4.00.
D.
The location of the licensee's business premises shall be consistent
with other water and harbor uses and with the Town's Harbor Plan.
E.
No loading, unloading and storage of petroleum products intended
for use in personal watercraft, jet skis, surf jets or wet bikes shall
be undertaken by the licensee except in accordance with the Massachusetts
Comprehensive Fire Safety Code (527 CMR 1.00) and with guidelines
issued by the Chief of the Fire Department of the Town.
F.
The following areas are designated for use of the licensee's rented
personal watercraft:
(1)
Watercraft recreational operation will be confined to an area of
at least 1/2 mile north of the beach of Coatue, in the area of the
fourth bend. Renters and guests shall be transported to the designated
area by a launch licensed for such use by the U.S. Coast Guard, and
shall be supervised at all times by the licensee at the designated
area.
(2)
The area designated will be a 1/2-mile-by-1/2-mile square area. The
coordinates shall be established by the Marine Department and shall
be marked appropriately by the licensee with suitable buoys. These
buoys are to be installed and maintained by the licensee and shall
be registered by the licensee as privately maintained aids to navigation
with the U.S. Coast Guard for seasonal use. No mooring equipment shall
be installed until inspected and approved by the Marine Department.
(3)
No more than six such personal watercraft shall operate simultaneously
within the designated area.
(4)
Any transportation of watercraft to and from the designated area,
including watercraft travel to and from the licensee's regular place
of business and to licensed fuel distributor outlets for refueling,
shall be accomplished as follows: the licensee shall be responsible
for towing or transporting all such personal watercraft, during which
towing or transportation no watercraft passengers will be transported.
In addition to any other remedy allowed by law for violations, any violation of any of the provisions of these rules or regulations or of § 137-18 of Chapter 137, Town Wharves and Waterways, of the Code of the Town of Nantucket shall be grounds for the Select Board, after a hearing, to suspend or revoke such license. If a violation occurs continuously over more than one calendar day, each day of violation shall constitute a separate violation. Any person may report observed violations or unsafe operating practices to the Marine Department, which shall investigate such reports and determine whether to issue warnings or to institute proceedings before the Select Board for suspension or revocation of the license.
In the event of any conflict between these rules and regulations
and any rule or regulation issued by any agency of the Commonwealth,
the Commonwealth regulation shall prevail. If any of these rules and
regulations are declared unlawful for any reason or in conflict with
any Commonwealth regulation, the remaining rules and regulations shall
continue in full force and effect.
