[HISTORY: Adopted 5-12-1992 Annual Town Meeting, Art. 31, as amended through 5-13-2008 Annual Town
Meeting, Art. 31. Subsequent amendments noted where applicable.]
The Orleans Waterways Bylaw is written under the authority of
Massachusetts General Laws Chapter 90B, Section 15. The bylaw is intended
to promote the protection of public safety and welfare by encouraging
voluntary compliance, and by deterring noncompliance through penalties
and fines. The bylaw is a compilation of Massachusetts General Laws,
CMRs, Harbormaster Regulations, the former Orleans Waterways Regulations,
and various existing Orleans General Bylaws. This bylaw shall apply
to all persons, vessels or objects on or using the waterways of the
Town of Orleans.
An occurrence in which a waterborne vessel subject to this
bylaw is involved, whether or not there has been any actual collision,
and which results in damage by or to such vessel or its equipment,
or by or to an object or person being towed, pushed or propelled by
such vessel, or in which there is an injury to any person, loss of
life, or disappearance of any person under circumstances which indicate
the possibility of death or injury or disappearance of a vessel other
than by theft.
A document issued by the director of the Massachusetts Environmental
Police, upon application therefor, stating the name and address of
the owner of, and the registration number awarded to, and properly
displayed upon, a vessel.
[Amended 5-8-2017 ATM,
Art. 36]
A natural pond the area of which is ten acres or more. Great
Ponds are owned by the Commonwealth of Massachusetts.
[Amended 5-8-2017 ATM,
Art. 36]
The slowest speed at which a powered vessel may be operated
and still maintain steerage way.
[Amended 5-8-2017 ATM,
Art. 36]
A vessel propelled by a water-jet pump or other machinery
as its primary source of propulsion that is designed to be operated
by a person sitting, standing or kneeling on the vessel rather than
being operated in the conventional manner by a person sitting or standing
inside the vessel.
Is a paddleboard commonly known as a SUP.
[Added 5-8-2017 ATM,
Art. 36]
Includes all types of watercraft including nondisplacement
craft and seaplanes used or capable of being used as a means of transportation
on water.
[Added 5-8-2017 ATM,
Art. 36]
For the purpose of this bylaw, shall include towing or manipulating
a surfboard, inner tube or other similar watersport device towed or
riding the wake behind a motor vessel.
[Amended 5-8-2017 ATM,
Art. 36]
[Amended 5-8-2017 ATM,
Art. 36]
No vessel powered by machinery as primary or secondary shall
be operated within the waters of the Town of Orleans unless said vessel
displays registration numbers in accordance with Chapter 90B, Section
2, of the Massachusetts General Laws and said valid certificate number
shall be carried onboard the vessel at all times. Any vessel not required
to be registered must display somewhere on the vessel the owner's
name, address and active phone number.
Any vessel, mooring or object constituting a hazard to navigation
and any vessel or object improperly secured, swamped, sunk, washed
ashore or found in an abandoned condition may be removed or relocated
by the Harbormaster or his agent. Any expense or liability incurred
therefor shall be the responsibility of the boat owner. The last owner
of record of a vessel at the time it was abandoned shall be presumed
to be the person who abandoned the boat.
[Amended 5-8-2017 ATM,
Art. 36]
The operator of any boat involved in a collision, accident or
other casualty shall, so far as he is able without serious danger
to his own or other vessels or to any persons, render to other persons
affected by the boating accident such assistance as may be practicable
and as may be necessary in order to save them from any danger caused
by the boating accident.
The operator of any boat involved in a boating accident where
there is any personal injury or property damage greater than $500
shall notify the Harbormaster within twenty-four hours of said accident,
in addition to notifying all other appropriate state and federal officials.
In addition to any other state or federal requirements, the
following equipment shall be carried on all boats at all times, when
within the waters of the Town of Orleans:
A.
U.S.C.G. approved personal flotation devices as prescribed by M.G.L.
Chapter 90B, Section 5.
B.
A valid certificate of number, if required by M.G.L. Chapter 90B,
Section 2.
C.
From sunset to sunrise, lights that comply with M.G.L. Chapter 90B,
Section 5.
D.
Anchor and line adequate to hold the vessel.
E.
Bailer.
F.
Paddle.
G.
Sound producing device (e.g., whistle, horn) (powered vessels sixteen
feet or over).
[Amended 5-8-2017 ATM,
Art. 36]
H.
Fire extinguishers as required by M.G.L. Chapter 90B, Section 5.
[Amended 5-8-2017 ATM,
Art. 36]
I.
Ladder, steps or similar device for reentering the vessel when conducting
towed water sports.
[Amended 5-8-2017 ATM,
Art. 36]
A.
No wake areas:
[Amended 5-8-2017 ATM,
Art. 36]
(1)
Vessels shall operate at only headway speed so as to make no wake
in all areas listed below:
a.
The entrance to Rock Harbor, including the entire inner basin.
b.
Meetinghouse Pond and Meetinghouse River to a point marked by a no
wake buoy.
c.
Lonnie's River, including the entire pond.
d.
Arey's Pond and Arey's River to a point marked by a no-wake buoy
at the mouth of the river.
e.
Pah Wah River, including the entire pond.
f.
The buoyed entrance into Quanset Pond, including the entire pond.
g.
The Snow Shore/Tonset mooring area as marked by no-wake buoys.
h.
The entrance into Pochet Inlet to a point marked by a no-wake buoy
inside the Payson mooring area.
i.
The mooring area at the head of the cove known as the "Yacht Club
area."
j.
The mooring area at Goose Hummock Shop.
k.
The entire area of Mill Pond.
l.
The mooring area at Route 28 in South Orleans.
m.
The Narrows, from a point marked by a no-wake buoy at the north end
to a point marked by a no wake buoy at the south end.
(2)
In other areas, vessels shall make no wake within one hundred fifty
(150) feet of: bathers, divers, piers, docks, floats, small vessels
propelled by means other than machinery, vessels not underway or the
shore.
(3)
No one shall operate or permit to be operated any internal combustion
engine on Pilgrim Lake, Crystal Lake or Baker's Pond in the Town of
Orleans, except for the express purposes of aiding and rescue or other
emergency situations, or for scientific purposes.
B.
Waterskiing and all towed water sports.
[Amended 5-8-2017 ATM,
Art. 36]
(1)
All towed water sports are prohibited in all areas listed in § 159-7A(1) of this bylaw as well as in all marked vessel channels. Vessels towing should cross marked channels when necessary as close to right angles as safely possible.
(2)
All towed water sports are prohibited between sunset and sunrise
or during periods of low visibility such as fog.
(3)
No person shall operate any motorboat on the waters of the Town towing
a person or persons on water skis, a surfboard, a tube or other similar
device, unless there is in such motorboat a person who has attained
age twelve in addition to the operator in a position to observe the
person or persons being towed, and unless such vessel is equipped
with a ladder, steps or similar means by which any person being towed
can be taken from the water.
C.
Town landings, ramps, floats and bulkheads. Launching and retrieving
facilities are for the use of all. Users are expected to be courteous
at all times and wait their turn. Some ramps have designated resident-only
parking during seasonal times and are well marked. Main ramp areas
are primarily for trailered vessels. Paddle craft are requested to
launch/retrieve outside of the main ramp areas. Staging of any kind
including loading and unloading of vessels on an active ramp is prohibited
during peak seasonal times. Power loading of vessels onto trailers
is prohibited at all times. Courtesy docks and bulkheads are for convenient
loading and unloading and waiting one's turn to retrieve and not for
long-term dockage. They have designated tie-up time limits which are
posted.
[Amended 5-8-2017 ATM,
Art. 36]
D.
Aids to navigation: No authorized aid to navigation in the harbors
and waterways of the Town shall be used as a starting, finishing or
turning mark for any formal or informal race, regatta or other competition.
E.
Divers; operating near divers:
(1)
Display of diver's flag required. Every scuba diver or group of scuba
divers while swimming on or under the waters of the Town shall display
for each diver or group of divers as a warning device to boat operators,
a diver's flag, so called, constructed of rigidly supported material
at least twelve inches by fifteen inches in area of red background
with a white diagonal stripe. Such diver's flag shall be displayed
on a boat or surface float and shall extend a minimum distance of
three feet from the surface of the water. Divers shall remain in an
area within one hundred feet of such displayed diver's flag while
at or near the surface of the water.
(2)
Vessels operating near diver(s). A boat operator within sight of
a diver's flag shall proceed with caution and within a radius of one
hundred feet of such flag shall proceed at headway speed.
[Amended 5-8-2017 ATM,
Art. 36]
F.
Pollution: The discharge or disposal of petroleum products, holding tank contents, garbage, waste, rubbish or debris on the waters, shores, beaches is prohibited. The discharge of dead fish, shellfish or fish frames is prohibited in all areas listed in § 159-7A(1).
G.
Overloading: No vessel may be operated in an overloaded condition.
"Overloaded condition" means that the number of persons on board and/or
the cargo being carried exceeds the manufacturer's recommended limit
for such vessel or is excessive given wind, water and weather conditions.
H.
Canoes/kayaks/standup paddleboards/sailboards/kiteboards/wakeboards.
(1)
Operators of these type vessels are encouraged to operate outside
of main vessel channels and, when required to cross such channels,
to do so to as close to right angles as possible.
(2)
Any person aboard one of these vessel types between September 15
and May 15 shall wear at all times a Coast Guard approved personal
flotation device, types 1, 2, or 3.
(3)
All such vessels must be clearly marked with owner's name, address
and phone number.
I.
Negligent operation: Vessel operators are responsible for their wake
at all times and shall not operate in a reckless or negligent manner
so as to endanger the life, safety or property of any person. Further,
no person shall operate any vessel in a manner that violates Chapter
90B of the Massachusetts General Laws or any regulations thereunder.
[Amended 5-8-2017 ATM,
Art. 36]
An operator's certificate issued by the Massachusetts Environmental
Police to the specific youth operator shall be aboard every motorboat
being operated by a person between the age of thirteen (13) and the
age of sixteen (16) years old, when that operator is not being supervised
by a person who is eighteen (18) years old or older.
No person shall operate a personal watercraft on the waters
of the Town:
A.
Unless wearing a Coast Guard approved personal flotation device.
[Amended 5-8-2017 ATM,
Art. 36]
B.
Between the hours of sunset and sunrise.
[Amended 5-8-2017 ATM,
Art. 36]
C.
Unless the operator is sixteen (16) years of age or older.
[Amended 5-8-2017 ATM,
Art. 36]
D.
Towing a waterskier or a person in any other manner.
E.
In any manner other than a safe and prudent manner, having due regard
for other waterborne traffic, posted wake and speed restrictions and
all other attendant circumstances, so as not to endanger the life,
limb or property of any person.
F.
Within one hundred fifty (150) feet of shore except at headway speed.
G.
Within one hundred fifty feet of a swimmer in the water.
H.
On waters of the Town less than seventy-five acres.
I.
Within waters contiguous to the boundaries of the Cape Cod National
Seashore as set forth in Public Law 87-126, 7 August 1961, and as
most recently surveyed by the U.S. Department of the Interior.
[Amended 5-8-2017 ATM,
Art. 36]
J.
On the tidal waters of Pleasant Bay, including but not limited to
Little Pleasant Bay, Namequoit River, Arey's Pond, Lonnie's/Kescayogansett
Pond, Frostfish Cove, the River, Meetinghouse Pond, Pochet, and any
adjoining river, inlet, cove, embayment, pond, or harbor.
K.
On the tidal waters of the Nauset estuary, including but not limited
to Town Cove, Rachel's Cove, Little Cove, Mill Pond, Robert's Cove,
Nauset Harbor, and any adjoining river, inlet, cove, embayment, pond
or harbor.
L.
A personal watercraft may be operated in these areas for the purpose
of enforcement, search and rescue, training, or other emergency, provided
it is under the direction of a duly authorized federal, state, county
or local law enforcement or emergency response agency.
[Amended 5-8-2017 ATM,
Art. 36]
A.
Mooring permits.
(1)
Mooring permit required. No person shall keep or moor any vessel,
float, or raft greater than nine (9) feet in overall length in or
on the waters, flats, or shores of the Town of Orleans, except when
tied to a private pier, without first obtaining a mooring permit and
mooring permit sticker from the Harbormaster.
[Amended 5-11-2009 ATM, Art. 33]
(2)
Mooring permit types.
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Type 1: Individual permit. A Type 1 permit may be issued to
an individual vessel owner for a specific vessel and shall entitle
the permit holder to moor their vessel at a location designated by
the Harbormaster. The permit holder must attest to having read in
their entirety these bylaws at time of permit issuance and/or renewal.
[Amended 5-8-2017 ATM,
Art. 36] | |
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Type 2: Blanket permit. A Type 2 permit may be issued to a commercial
marina, sailing school, or other similar private recreational boating
facility or association and shall entitle the permit holder to maintain
a mooring field at a location designated by the Harbormaster.
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(3)
Mooring permit sticker and fee.
a.
Mooring permit stickers, issued annually by the Harbormaster, shall
be affixed to the port bow of the permitted vessel.
b.
No more than one mooring permit sticker shall be issued for a vessel.
c.
Mooring permit stickers shall be valid for a period of one year terminating
on December 31 of each year unless sooner suspended or revoked by
the Harbormaster.
d.
The annual fee for a mooring permit
sticker shall be as follows:
1)
Type 1 Commercial: In order to be eligible for a Resident Commercial
mooring permit, an applicant must meet all of the following conditions:
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Be a resident of Orleans or Eastham.
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Hold a current commercial license to sell shellfish, finfish,
or lobster issued by the Massachusetts Division of Marine Fisheries.
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●
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If a resident of Eastham, hold a current Orleans commercial
shellfish permit.
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The annual fee for a Resident Commercial permit shall be thirty
dollars ($30).
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2)
Type 1 Resident or Nonresident: Beginning September 1, 2019,
the annual fee shall be one hundred dollars ($100).
[Amended 5-8-2017 ATM,
Art. 36]
3)
Type 2: Blanket: Beginning July 1, 2009, the annual fee shall
be two hundred dollars ($200).
[Amended 5-8-2017 ATM,
Art. 36]
(4)
Mooring buoys/tenders and identification. Mooring buoys shall be
of white styrofoam, rubber, or plastic material and shall have the
assigned mooring permit number permanently and legibly displayed on
the buoy in numbers no less than one (1) inch in height and in a color
that contrasts with that of the buoy. Tenders (a.k.a. dinghies, prams,
etc.) shall have the assigned mooring permit number permanently and
legibly displayed on the tender in numbers no less than one (1) inch
in height and in a color that contrasts with that of the tender. Tenders
shall only be allowed to be stored at Town landings for mooring permit
holders specific to that landing.
[Amended 5-8-2017 ATM,
Art. 36]
(5)
Mooring permit use. Failure to set and use a mooring and mooring
permit annually shall, unless otherwise authorized in writing by the
Harbormaster, result in the revocation of said permit.
(6)
Mooring permit transfer prohibited. Mooring permits shall be issued
by the Harbormaster for a specific vessel owner. No mooring permit
shall be transferable to another person, except to a person within
the immediate family of the permit holder with the approval of the
Harbormaster.
(7)
Relocation of moorings prohibited. Mooring permits shall be issued
by the Harbormaster for a specific location to be designated by the
Harbormaster. No mooring permit holder shall relocate his or her mooring
to another location without the prior written approval of the Harbormaster.
(8)
Vessel and owner information. Mooring permits shall be issued for
a specific vessel and its owner. All information provided to the Harbormaster
pertaining to the vessel and its owner (owner's name, address, and
phone number, vessel make, length, year, color, state registration
number if applicable, vessel name, and engine make and horsepower)
shall be kept current and accurate. It shall be the responsibility
of the mooring permit holder to notify the Office of the Harbormaster
of any change in the permit holder's address or phone number. No change
of vessel information shall be allowed without the prior approval
of the Harbormaster.
(9)
Mooring and tender removal - annual. Moorings and tenders (a.k.a.
dinghies, prams, etc.) shall be removed from the waters, flats, or
shores of the Town of Orleans by no later than November 15th annually,
unless otherwise authorized by the Harbormaster.
B.
Mooring permit issuance and renewal.
(1)
Mooring permit issuance.
a.
The determination as to whether a Type 1 individual mooring permit
will be issued shall be made at the sole discretion of the Harbormaster.
In making that decision, the Harbormaster may consider, but shall
not be limited to, one or more of the following factors:
1.
A chronological waiting list of mooring permit requests
2.
The number of vessels currently moored in the area
3.
Physical characteristics of the vessel (e.g. size and type)
4.
Availability of, and proximity to, parking or lawful access
5.
Potential for impact on navigation
6.
Potential for impact on any natural resource
7.
Purpose of vessel use (e.g. commercial or recreational)
b.
The determination as to whether a Type 2 blanket-mooring permit will
be issued shall be made by the Harbormaster who may seek a recommendation
from the Board of Selectmen. In making that decision, the Harbormaster
may consider, but shall not be limited to, one or more of the following
factors:
1.
Purpose of Type 2 permit (e.g. marina, sailing school, etc.)
2.
Proximity of the area to other mooring fields or public access
points
3.
A chronological waiting list of mooring permit requests and
the potential effect that the issuance of a Type 2 permit would have
on said waiting list
4.
The number of vessels currently moored in the area in question
5.
Physical characteristics of the vessels (e.g. size and type)
6.
Availability of, and proximity to, parking or lawful access
7.
Potential for impact on navigation
8.
Potential for impact on any natural resource
9.
The interest, needs, or welfare of the public
c.
A vessel owner requesting a mooring permit shall complete and submit
a Town of Orleans Mooring Permit Application and provide the necessary
fee to the Office of the Harbormaster. Mooring permit applications
shall be processed as follows:
1.
For Type 1 applications, the Harbormaster shall act upon the
application within a period of fifteen (15) days from receipt. The
Harbormaster shall not discriminate against any applicant on the basis
of residency, race, religion, sex, age, disability, or other illegal
distinction.
2.
For Type 2 applications, the Harbormaster may request a meeting
with the Board of Selectmen to review the application. If at such
meeting, the Board of Selectmen recommends that a public hearing be
conducted, the Harbormaster shall not act upon the application until
such a hearing has been concluded. The Harbormaster may, on his own
initiative, conduct a public hearing on any such application. The
Harbormaster shall act upon the application within thirty (30) days
from receipt unless a public hearing is conducted, in which case the
Harbormaster shall act upon the application within ten (10) days of
the close of the public hearing. In no event shall the public hearing
process exceed a period of ninety (90) days from the date of the completed
application without the written consent of the applicant.
3.
If the application is approved, the mooring permit and mooring
permit sticker for the appropriate year shall be issued by the Harbormaster.
(2)
Mooring permit renewal - annual.
a.
The Harbormaster shall allow, subject to all applicable local and
state regulations, bylaws, and statutes, a previous mooring permit
holder to renew, on an annual basis, his or her mooring permit for
a period of one (1) year or appropriate fraction thereof, terminating
on December 31 of each year.
b.
The Harbormaster shall provide a mooring permit holder with an annual
mooring permit renewal form.
c.
A mooring permit holder who wishes to renew the permit shall:
[Amended 5-8-2017 ATM,
Art. 36]
d.
A mooring permit holder who does not wish to renew his or her mooring
permit should so indicate on the renewal form and return said form
to the Office of the Harbormaster.
e.
Mooring permits must be renewed annually between January 1 and March
31 inclusive. Failure to renew during this period shall result in
the revocation of the mooring permit.
C.
Mooring waiting lists.
(1)
Establishment of a mooring waiting list. The determination as to
whether a mooring waiting list will be established for a specific
location shall be made at the sole discretion of the Harbormaster.
In making that decision, the Harbormaster may consider, but shall
not be limited to, the following factors:
(2)
Placement on a mooring waiting list and fee.
a.
The determination as to whether a mooring waiting list applicant's
name will be placed on a waiting list for a mooring shall be made
at the sole discretion of the Harbormaster. In making that decision,
the Harbormaster may consider, but shall not be limited to, the following
factors:
b.
The applicant for a mooring waiting list shall complete and submit
a Town of Orleans Mooring Waiting List Application and provide the
necessary fee to the Office of the Harbormaster. The fee shall be
five dollars ($5) per mooring waiting list annually.
c.
The applicant for a mooring waiting list shall provide current and
accurate vessel information on their mooring waiting list application.
Any subsequent changes to the vessel information contained within
the original application must be approved by the Harbormaster. Failure
to provide current and accurate vessel information may result in removal
from the mooring waiting list.
d.
Upon receipt by the Harbormaster of a mooring waiting list application,
the Harbormaster shall enter the date of receipt on the application
and add the name of the applicant and a description of the applicant's
vessel to the chronological mooring waiting list for the area requested.
e.
All mooring waiting lists shall be posted at the Office of the Harbormaster
and online at the Town of Orleans website and shall be updated regularly.
[Amended 5-8-2017 ATM,
Art. 36]
(3)
(4)
Removal from a mooring waiting list.
a.
An individual on the mooring waiting list who does not wish to renew
their place on a mooring waiting list should so indicate on the renewal
form and return said form to the Office of the Harbormaster.
b.
An individual on the mooring waiting list must renew their place
on the mooring waiting list annually between January 1 and March 31
inclusive. Failure to renew during this period shall result in removal
of the individual's name from the mooring waiting list.
(5)
Assignment of a mooring to an individual from a mooring waiting list.
When a mooring location becomes available, the Harbormaster may offer
the site to the first individual on the mooring waiting list with
a vessel appropriate in size or type as determined by the Harbormaster
for the mooring location. If the individual chooses not to accept
the location, the Harbormaster shall contact the next individual(s)
on the mooring waiting list with a vessel appropriate in size or type
as determined by the Harbormaster for the mooring location until the
space has been assigned.
D.
Mooring tackle specifications.
[Amended 5-8-2017 ATM,
Art. 36]
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All moorings are required to be of the mushroom anchor design
unless otherwise authorized by the Harbormaster.
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"Double anchoring" (anchoring bow and stern) of vessels is prohibited
except with the express permission of the Harbormaster.
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Please note that the tackle specifications outlined below are
minimum standards and are not adequate for storm or hurricane protection:
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LENGTH OF VESSEL
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PROTECTED AREA
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NON-PROTECTED
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Under 16'
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50 lbs.
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75 lbs.
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16'-19'
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75 lbs.
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100 lbs.
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19'-26'
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100 lbs.
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150 lbs.
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26'-30'
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150 lbs.
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200 lbs.
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30'-40'
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200 lbs.
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250 lbs.
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Over 40'
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As specified by Harbormaster
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MUSHROOM SIZE
(lbs.)
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CHAIN/SHACKLE
(inches)
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LINE DIAMETER
(inches)
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|---|---|---|
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50
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3/8
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1/2
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100
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3/8
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1/2
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150
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1/2
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5/8
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200
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5/8
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5/8
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Over 200
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As specified by Harbormaster
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MOORING BUOYS shall be of white styrofoam, rubber, or plastic
material and shall have the assigned mooring permit number permanently
and legibly displayed on the buoy in numbers no less than one inch
in height and in a color that contrasts with that of the buoy.
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TOTAL LENGTH OF MOORING, CHAIN, AND PENNANT shall be equal to
at least three (3) times but, without the permission of the Harbormaster,
shall not be more than four (4) times the depth of the water at Mean
High Water plus the vessel's freeboard at the bow, where the mooring
is located.
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MOORING PENNANTS (HAWSERS) shall be three-strand nylon or equivalent,
shall not float, shall be fitted with thimbles of appropriate size
where they are attached to chain or metal fittings and shall be equipped
with adequate chaffing gear where they pass through chocks or hawseholes.
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SHACKLES AND SWIVELS shall be safety wired or welded to prevent
loosening.
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E.
Mooring inspection, relocation, or removal.
(1)
Mooring inspection or removal. The Harbormaster, Assistant Harbormasters,
or their agent may, at any time, inspect any mooring located in the
waters of Orleans and may remove or cause to be removed any mooring
that fails to meet all of the provisions of the regulations contained
herein. Any expense for inspection or removal and any liability incurred
therefore shall be the responsibility of the permit holder / owner
of said mooring.
(2)
Mooring relocation or removal. The Harbormaster, Assistant Harbormasters,
or their agent may, at any time, relocate, remove, or cause to be
relocated or removed, any mooring or vessel whenever, in their judgment,
the safety of others vessels is in jeopardy or maximum use of the
area requires such action. Any expense for relocation or removal of
a mooring or vessel and any liability incurred therefore shall be
the responsibility of the mooring permit holder.
F.
Use of Town landings, bulkheads, piers, and docks.
(1)
Town landings. Mooring permit holders shall be allowed to access their moorings from Town landings. To the extent that sufficient space is available as determined by the Harbormaster, mooring permit holders may keep their tenders at Town landings subject to the conditions contained within Subsection B, subsection 9, herein. This regulation does not authorize the keeping of tenders on private property or trespassing on private property.
(2)
Town bulkheads, piers, and docks. Mooring permit holders shall be
allowed to access their moorings from Town bulkheads, piers, and docks.
No vessel may remain tied to a Town bulkhead, pier, or dock for a
period in excess of one-half (1/2) hour without the express permission
of the Harbormaster or Assistant Harbormasters. In addition to any
fine for violation of this ordinance, the Harbormaster, Assistant
Harbormasters, or their agent may remove or cause to be removed the
vessel in violation. Any expense for removal of said vessel and any
liability incurred therefor shall be the responsibility of the owner
of the vessel.
G.
Appeal of Harbormaster decision. Any mooring permit holder or applicant
for a mooring permit or mooring waiting list aggrieved by a decision
of the Harbormaster or any condition or restriction imposed relative
to such mooring or application, pursuant to Massachusetts General
Law Chapter 91, Section 10A and 310 Code of Massachusetts Regulations
9.07, may appeal in writing to the Massachusetts Department of Environmental
Protection Waterways Division in accordance with the appeal procedures
of that Department.
A.
This bylaw shall be enforced by the Harbormaster, Assistant Harbormasters,
Massachusetts Environmental Police, and any other law enforcement
agency so empowered.
B.
In addition to any other penalties specified within this bylaw, violations of the following sections contained herein shall be punished by a fine of fifty ($50.00) dollars: §§ 159-3, 159-5A., 159-5B., 159-6A. through I., 159-7A(1) through (4), 159-7B(1) and (2), 159-7C, 159-7D, 159-7E(1) and (2), 159-7H., 159-8, 159-9A and B, 159-10A and F.
C.
In addition to any other penalties specified within this bylaw, violations
of the following sections shall be punished by a fine of one hundred
($100.00) dollars: §§ 159-7B.(3) and (4), 159-7F, 159-7G,
159-7I, 159-9C through K.
D.
Whoever violates any provision of § 159-10A, Subsections 4, 5, 6, 7, or 8 or § 159-10E, Subsection 1, may be subject to revocation of their mooring permit by the Harbormaster. Furthermore, whoever violates any provision of § 159-10A, Subsection 9, may be subject to a one (1) year suspension of their mooring permit by the Harbormaster.
[Amended 5-8-2017 ATM,
Art. 36]
International Rules of the U.S. Coast Guard Navigation Rules
apply to all saltwater bodies of water within the Town. Nothing contained
herein shall be construed to supersede or conflict with or interfere
or limit jurisdiction of the United States government with respect
to the enforcement of the navigation, shipping, anchorage or other
associated federal laws or regulations or any laws or regulations
of the Commonwealth of Massachusetts.
In the event that any provision, section or clause of this bylaw
is hereafter judicially found to be invalid, such decision, invalidity
or voidance shall not affect the validity of the remaining portion
of these regulations.
