The purpose and scope of this chapter is to protect the health,
safety and welfare of the City by establishing local regulations and
restrictions on the operation of personal watercraft within the City's
waterways.
Any jetpack or board which supplies propulsion to fly or
drive through the water through the use of water pumped through a
hose which is then air-propelled through jet nozzles within the boots
or backpack of the apparatus.
That stretch of the Merrimack River within the City of Lowell's
boundaries encompassing all water and coastal areas starting at those
waters at the Rourke Bridge and ending at the Pawtucket Falls.
Nothing in this section shall prohibit the use of jet skis, wetbikes
or other such similar personal watercraft by the Massachusetts Environmental
Police, Lowell Police Department, Lowell Fire Department, or any other
federal, state, or local agency within the City's waters for
purposes of public safety, law enforcement, or search and rescue.
The Lowell Police Department, Lowell Fire Department, and any other
City department, agency, or employee so designated by the City Manager,
shall be the enforcing authorities for this chapter.
Any person or entity found in violation of this chapter shall be
fined $300 for the first and each subsequent offense. Each act and/or
each day in violation of this section shall constitute a separate
offense.
Any person, firm, store or entity that is licensed by the City and
is found in violation of this section may, after a hearing, have any
such local license revoked.
A penalty provided for under this section may be imposed in conjunction
with any other charges or penalties that can be imposed for violation
of any other local, state, or federal criminal or civil offenses committed.
If any section, subsection, sentence, clause, phrase, word, or other
portion of this chapter is, for any reason, held to be unconstitutional
or invalid, in whole, or in part, by any court of competent jurisdiction,
such portion shall be deemed severable, and such unconstitutionality
or invalidity shall not affect the validity of the remaining portions
of this chapter, which remaining portions shall continue in full force
and effect.
This chapter shall take effect upon its approval by the Director
of the Division of Law Enforcement of the Department of Fisheries,
Wildlife, and Environmental Law Enforcement in accordance with MGL
c. 90B, § 15.