[HISTORY: Adopted by the City Council of the City of Lowell 9-12-2017. Amendments noted where applicable.]
Editor's Note: This ordinance was originally adopted as Ch. 285 but was renumbered to maintain the alphabetical organization of the Code.
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.
As used in this chapter, the following terms shall have the meanings indicated:
- CITY OF LOWELL CANAL SYSTEM
- Any artificial waterway within the City of Lowell's boundaries.
- 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.
- JET SKI, SURF JET, and WETBIKE
- Shall have the same definitions as in MGL c. 90B, § 1.
- MERRIMACK RIVER WATERWAY
- 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.
The City of Lowell incorporates into this chapter by reference all terms so defined in Chapter 90B, Section 1, of the Massachusetts General Laws.
No person shall operate a jet ski, surf jet, wetbike, flyboard, or other such similar personal watercraft within the Merrimack River Waterway.
No person shall operate a jet ski, surf jet, wetbike, flyboard, or other such similar personal watercraft within the Lowell Canal System.
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.