[HISTORY: Adopted by the Town Meeting of the Town of Hull 3-4-1968 (Ch. 111 of the 1989 Code).
Amendments noted where applicable.]
In construing this chapter, the following words shall have the
meanings herein given, unless a contrary intention clearly appears:
Includes every description of watercraft, other than a seaplane
on the water, used or capable of being used as a means of transportation
on water.
The Harbor Master and Assistant Harbor Masters duly appointed
by the Select Board Members.
[Amended 5-8-2021 ATM by Art. 6B]
Includes all manner, acts, implements and equipment of berthing,
securing or holding a boat in a stationary manner at a location, whether
in the harbors or open waters or attached to a float, slip, raft,
dock, pier, piling or other such structure not owned by the Town,
including the dockage or berthing of vessels; provided, however, that
the terms shall not be deemed to include boats temporarily stationary
at anchor for brief and temporary periods of time for usage in fishing,
resting, swimming, making repairs, camping and other such recreational
use, nor shall the term be deemed to include boats secured to such
a float, slip, raft, dock, pier, piling or other such structure not
owned by the Town for a brief and temporary period of time while obtaining
supplies, services, taking on and letting off passengers and other
such recreational use. This chapter shall apply to all types of "moorings,"
including but not limited to those which are rented, owner-occupied
or offered for transient rental or for guest use.
[Added 4-14-1986 ATM
by Art. 38]
A.
No master or person acting as master, owner, custodian or other person
shall moor or tie up at a slip in Hull waters any boat within the
limits of Hull waterways without first obtaining a permit to moor
or tie up at a slip in Hull waters said boat from the Harbor Master.
Such permit must be obtained for each calendar year at a mooring/slip
fee set annually by the Select Board Members. The application for
such permit shall be made to the Harbor Master on a form prescribed
by the Select Board Members. The application shall set forth the name
and address of the owner, the size and type of boat to be moored,
the size and type of the mooring and the use thereof, and if the mooring
is already in the water, the location thereof with sufficient details
to enable the Harbor Master to locate it.
[Amended 4-11-1988 ATM
by Art. 25;5-8-2021 ATM by Art. 6B]
B.
The Harbor Master shall prepare regulations governing the size and
specifications for moorings and their use, their hardware and pennants,
and shall submit the same to the Select Board Members for approval.
Upon approval, the regulations shall be published in a newspaper published
in the Town of Hull and shall be available upon request. The regulations
may be amended from time to time in the same manner.
[Amended 5-8-2021 ATM by Art. 6B]
C.
If the Harbor Master shall determine that any mooring will not conform
to the requirements of said regulations, or if he shall for other
valid reasons deem it improper to issue such mooring/slip permit,
he shall refuse to issue the permit. The Harbor Master shall issue
or deny such permit within two weeks from the date of application.
[Amended 4-11-1988 ATM
by Art. 25]
D.
The application for mooring/slip permits and permits for tieup of
small boats shall be issued by the Harbor Master and a duplicate copy
thereof filed at the office of the Select Board Members. No boat shall
be made fast to a Town landing or pier for more than 30 minutes, except
by permission of the Harbor Master, or in case of an emergency involving
the health or safety of the occupants of such boat. Exempt from having
to obtain a mooring/slip permit shall be boat tenders belonging to
or attached to another fee-paying boat.[1]
[Amended 4-11-1988 ATM
by Art. 25;5-8-2021 ATM by Art. 6B]
[1]
Editor's Note: The original unnumbered paragraph which immediately
followed this subsection was repealed 2-13-1984 STM by Art. 12.
E.
The Harbor Master shall keep accurate records and books and shall
issue receipts in duplicate for mooring/slip and tieup permits, the
original of which shall be given to the applicant for the permit and
the duplicate shall be filed at the office of the Select Board Members.
[Amended 4-11-1988 ATM
by Art. 25;5-8-2021 ATM by Art. 6B]
F.
No boat shall be anchored or moored or berthed at a slip in such
a manner as to constitute a hazard to navigation, personal safety
or property. Boats anchored or moored or berthed at a slip in such
a manner as to constitute a hazard to navigation, personal safety
or property may be moved at the expense of the owner. As far as practicable,
the Harbor Master shall require all commercial boats to be moored
in a common area.
[Amended 4-14-1986 ATM
by Art. 38; 4-11-1988 ATM by Art.
25]
G.
Any mooring placed within the waterways of the Town of Hull in violation
of the provisions of this chapter may be removed by the Harbor Master,
at the expense of the owner, if he fails to remove said mooring within
10 days after being notified in writing by the Harbor Master.
[Added 2-13-1984 STM
by Art. 12]
A.
No person shall leave any boating or fishing equipment/implements,
personal property or related items upon Town landing places, floats
or piers for longer than is reasonably necessary in the act of unloading
the same from boats and vehicles, unless authorized by the Select
Board or Harbor Master.
[Amended 5-8-2021 ATM by Art. 6B]
B.
No person shall swim or drive from Town piers or floats unless enrolled
in an organizational instruction program permitted by the Harbor Master.
C.
No major repairs or complete maintenance work to boats and vessels
shall be done at Town piers, docks or floats without the permission
of the Harbor Master.
D.
The Town is not responsible for any loss or damage to boats or other
property at the Town piers, docks or floats. All parties using the
same do so at their sole risk of loss or injury. Parties using the
Town piers, docks or floats will be responsible for damage to structures
and pilings at the same.
E.
No person shall clean, scale or process fish or shellfish on Town
piers, docks or floats.
F.
When determined by the Harbor Master, due to safety considerations,
he may prohibit any and all vessels from remaining at Town piers,
docks and floats.
G.
Any boat tied up for more than 30 minutes or left in such a manner
so as to cause a hazard to the public safety and/or danger to property
may be removed and placed elsewhere. The costs for the same shall
be the responsibility of the owner or person in charge of the boat.
Towing by the Harbor Master and/or the use of any Town owned mooring
shall be based on the fees and charges set by the Select Board. The
owner of the boat shall assume all responsibility for the safety of
the boat and its contents.
[Amended 5-8-2021 ATM by Art. 6B]
H.
No person shall leave any boat, raft, float, material or other obstacles
or the remains or implements of the same in such a manner, whether
at a pier, adrift, mooring, piling, anchor, causeway, beach or shore
or in any manner, such as to constitute a hazard to navigation, personal
safety or property.
[Added 4-14-1986 ATM
by Art. 38]
[Amended 4-11-1983 ATM
by Art. 12]
A.
Mooring/Slip fees shall be established by vote of a Town meeting
and remain in force until the fee is changed by vote of a Town meeting.
The fee so voted shall be based upon consideration of the costs to
the Town of providing marine recreation and waterway safety programs
and services, including but not limited to the Harbor Master's Department
salaries and expenses, the services provided by other municipal employees,
officials and departments and reasonably anticipated future expenses.
[Amended 4-11-1988 ATM
by Art. 25]
B.
The mooring/slip fee, until changed by Town meeting, is hereby established
at $1.50 per foot; the fee shall be uniform for both residents and
nonresidents.
[Amended 4-11-1988 ATM
by Art. 25]
C.
The fee for moorings, including but not limited to anchor style,
floats, slips, rafts, docks, piers, pilings or other such structures,
as those terms are customarily used, to which no specific vessel is
assigned but which are used or intended for use by vessels for mooring
purposes shall be based on the maximum size of the vessel permitted
on or at the mooring/slip as determined by the Harbor Master, under
applicable law; provided, however, that moorings to which no specific
vessel is assigned and which are maintained for guest use at clubs
for no fee shall be exempt from being charged a mooring fee.
[Added 4-14-1986 ATM
by Art. 38; amended 4-11-1988 ATM
by Art. 25]
D.
Commercial interests, party boats, persons, fishing vessels, associations,
companies or corporations using the Town piers or floats for permanent
moorings, businesses, float access or gangways shall first obtain
a license or lease from the Select Board prior to doing the same,
and upon payment of such license or lease fee as may be established
by the Select Board.
[Amended 5-8-2021 ATM by Art. 6B]
E.
The Harbor Master shall not issue mooring permits or slip rentals
to persons who have delinquent boat excise taxes.
A.
No person shall operate a motorboat while under the influence of
intoxicating liquor.
B.
No person shall operate any motorboat in a reckless or negligent
manner so as to endanger the life, safety or property of any person.
C.
No person shall operate any boat towing a water skier, surfboard
or similar device in a negligent manner so that the lives, safety
and property of the public might be endangered.
D.
No person shall operate a motorboat towing a person on water skis,
surfboard or other device unless there is in such motorboat a competent
observer in a position to observe the person or persons being towed.
E.
No person shall operate any motorboat causing a wake that might endanger
the safety and property of the public.
G.
No person shall operate a boat while towing water skiers in the vicinity
of swimmers at any of the beaches, or in the vicinity of mooring areas,
in Hull waterways. Water skiing in Hull waterways shall be permitted
only in the following designated areas:
H.
Lobster pots, crab pots and other obstacles which will cause or create
a hazard to navigation will not be placed in areas usually used for
navigation.
I.
Discharging or depositing or causing to be thrown overboard oil,
fuel, refuse or waste in Hull waterways is prohibited.
[Amended 4-11-1988 ATM
by Art. 25]
Small sailing classes will be allowed to race within the confines
of Hull waterways when under the jurisdiction of an authorized race
committee recognized by the Harbor Master. Such small boats shall
not have courses laid out which use government marks for turning buoys
or use fairways as a leg of the race course. Such small boats shall
respect the maneuvering problems of larger vessels in the area.
A.
The proper usage of the Town launching ramps shall be determined
by the Select Board Members. This shall include the proper parking
of trailers and motor vehicles at the approach of the ramp.
[Amended 5-8-2021 ATM by Art. 6B]
B.
Persons using Town ramps for hauling of larger boats requiring cradles
shall apply to the Harbor Master for a written permit; such cradles
and/or boats shall not remain on the Town ramps for more than one
tide.
Nothing contained herein shall be held or construed to supersede
or conflict or interfere or limit jurisdiction of the United States
Government with respect to the enforcement of the navigation, shipping,
anchorage and associated laws of the United States or any lawful regulation
of the Division of Waterways of the Department of Public Works or
the Division of Motorboats of the Registry of Motor Vehicles or to
conflict with any of the laws of the Commonwealth of Massachusetts.
[Amended 4-14-1986 ATM
by Art. 38]
Whoever violates any of these regulations and/or refuses or
neglects to obey the lawful and reasonable orders of the Harbor Master,
or resists him in the execution of his duties shall be fined not more
than $50. These rules and regulations shall be enforced by the Harbor
Master or any Assistant Harbor Master.
[Added 4-14-1986 ATM
by Art. 38]
B.
Every motorboat in all weathers from sunset to sunrise shall carry
and exhibit the following lights when underway, and during such time
no other lights which may be mistaken for those prescribed shall be
exhibited:
(1)
Every motorboat of Classes A and 1 shall carry the following lights:
(a)
First: a bright white light aft to show all around the horizon.
(b)
Second: a combined lantern in the fore part of the vessel and
lower than the white light aft, showing green to starboard and red
to port, so fixed as to throw the light from right ahead to two points
abaft the beam of their respective sides.
(2)
Every motorboat of Classes 2 and 3 shall carry the following lights:
(a)
First: a bright white light in the forepart of the vessel as
near the stern as practicable, so constructed as to show an unbroken
light over an arc of the horizon of 20 points of the compass, so fixed
as to throw the light 10 points on each side of the vessel, namely,
from right ahead to two points abaft the beam of each side.
(b)
Second: a bright white light aft to show all around the horizon
and higher than the white light forward.
(c)
Third: on the starboard side a green light so constructed as
to show an unbroken light over an arc of the horizon of 10 points
of the compass, so fixed as to throw the light from right ahead to
two points abaft the beam on the starboard side. On the port side
a red light so constructed as to show an unbroken light over an arc
of the horizon of 10 points of the compass, so fixed as to throw light
from right ahead to two points abaft the beam on the port side. Said
lights shall be fitted with inboard screens so set as to prevent these
lights from being seen across the bow.
(3)
Motorboats of Classes A and 1, when propelled by sail alone, shall carry the combined lantern, but not the white light aft, prescribed by Subsection B(1) of this section. Motorboats of Classes 2 and 3, when so propelled, shall carry the colored lights, suitably screened, but not the white lights prescribed by Subsection B(2) of this section. A motorboat of Classes A, 1, 2 or 3 of Subsection A of this section, when propelled by sail alone, if not otherwise required or authorized by this section to carry one or more lights visible from aft, shall carry at her stern a white light, so constructed that it shall show an unbroken light over an arc of the horizon of 12 points of the compass, so fixed as to show the light six points, from right aft on each side of the vessel. Such light shall be carried as nearly as practicable on the same level as the side lights. In a small motorboat propelled by sail alone, if it is not possible on account of bad weather or other sufficient cause for this light to be fixed, an electric torch or lighted lantern shall be kept at hand ready for use and shall, on the approach of an overtaking vessel, be shown in sufficient time to prevent collision.
(4)
Every white light prescribed by this section shall be of such character
as to be visible at a distance of at least two miles. Every colored
light prescribed by this section shall be of such character as to
be visible at a distance of at least one mile. The word "visible"
in this subsection, when applied to lights, shall mean visible on
a dark night with clear atmosphere.
(5)
When propelled by sail and machinery, every motorboat shall carry
the lights required by this section for a motorboat propelled by machinery
alone.
C.
Any vessel may carry and exhibit the lights required by the Federal
Regulations for Preventing Collisions at Sea, 1948 Federal Act of
October 11, 1951, (33 USC. § 143-147D[1]), as amended, in lieu of the lights required by Subsection B of this section.
[1]
Editor's Note: These sections of federal law have been repealed
by 10-11-1951, c. 495, § 5, and by Pub. L. 88-131, § 3,
9-24-1963.
D.
Nothing in this section shall be construed as permitting or requiring,
on waters within the marine boundary of the Hull waterways which have
been designated by the Commandant of the Coast Guard as international
waters, the display of lights other than those required by the laws
of the United States.
E.
Every motorboat of Class 1, 2 or 3 shall be provided with an efficient
whistle or other sound-producing mechanical appliance.
F.
Every motorboat of Class 2 or 3 shall be provided with an efficient
bell.
G.
Personal flotation devices.
(1)
Every motorboat shall carry at least one personal flotation device, as defined in § 224-1, for each person aboard:
(a)
Every Class A motorboat shall carry at least one personal flotation
device of Type I, Type II, Type III or Type IV for each person onboard;
and
(b)
Every motorboat of Class 1, 2 and 3 shall carry at least one
personal flotation device of Type I, II or III for each person aboard,
plus one Type IV as a throwable device.
(2)
Such devices shall be clearly labeled or imprinted as such and placed
so as to be readily accessible in the motorboat and maintained in
good and serviceable condition and appropriate size for whom it is
intended. Devices designed to be thrown, such as a ring buoy or buoyant
cushion, shall be readily available on the motorboat. Devices which
use kapok or fibrous glass for flotation material shall have such
material encased in plastic covers. Every motorboat carrying passengers
for hire shall carry at least one coast guard approved life preserver
or Type I personal flotation device for each person onboard so placed
as to be readily accessible for use.
H.
Every motorboat shall be provided with such number, as specified
in this subsection, size and type of fire extinguisher capable of
promptly and effectually extinguishing gasoline as may be prescribed
by the regulations of the director; which fire extinguishers shall
be at all times kept in condition for immediate and effective use
and shall be so placed as to be readily accessible. Outboard motorboats
less than 26 feet in length of open construction, not carrying passengers
for hire, are not required to carry fire extinguishers. Fire extinguishers
shall be provided as follows:
|
Class of Motorboat
|
Length
(feet)
|
Minimum Number of B-1 Hand Portable Fire Extinguishers Required*
| |
|---|---|---|---|
|
No Fixed Fire-Extinguishing System in Machinery Space
|
Fixed Fire-Extinguishing System in Machinery Space
| ||
|
A
|
Under 16
|
0
|
0
|
|
1
|
16 and over, but under 26
|
1
|
0
|
|
2
|
26 and over, but under 40
|
2
|
1
|
|
3
|
40 and over
|
3
|
2
|
|
*NOTE: One B-2 hand portable fire extinguisher may be substituted
for two B-1 hand portable fire extinguishers.
|
|
Fire Extinguisher Classification
| |||
|---|---|---|---|
|
Classification
(type size)
|
Foam
(gallons)
|
Carbon Dioxide
(pounds)
|
Dry Chemical
(pounds)
|
|
B-1
|
1 1/4
|
4
|
4
|
|
B-2
|
2 1/2
|
15
|
12
|
I.
The provisions of Subsections E, F and H shall not apply to motorboats propelled by outboard motors while competing in any race approved by the Director of the Massachusetts Division of Marine and Recreational Vehicles, or while engaged in such navigation as is incidental to the tuning up of boats and engines for such race.
J.
Every motorboat shall have the carburetor or carburetors of every
engine therein, except outboard motors, using gasoline as fuel, equipped
with such efficient flame arrestor, backfire trap or other similar
device as may be prescribed by the regulations of the Director of
the Massachusetts Division of Marine and Recreational Vehicles.
K.
Every motorboat subject to the provisions of Subsection J, except open boats, using as fuel any liquid of a volatile nature, shall be provided with such means as may be prescribed by the regulations of said Director for properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or flammable gases.
L.
No person shall operate or suffer or permit the operation of any
motorboat which is not equipped as required by this section or modification
thereof.
[Added 4-14-1986 ATM
by Art. 38]
Every vessel not subject to the provisions of § 224-10 shall carry one Coast-Guard-approved life-saving device for each person onboard, in good and serviceable condition in a readily accessible location. This section shall not apply to vessels used in competitive rowing, sculling or supervised intercollegiate sailing programs, rafts, surfboards, sail fish, so called, or any similar type of vessel.
[Added 4-14-1986 ATM
by Art. 38]
The exhaust of every internal combustion engine on any motorboat
shall be effectively muffled by a muffler or underwater exhaust of
a type or types approved by and used in conformity with the rules
and regulations of the Director of the Massachusetts Division of Marine
and Recreational Vehicles. The use of cutouts is prohibited, except
for motorboats competing in a race previously approved by said Director,
and for such motorboats while on trial runs during a period not to
exceed 48 hours immediately preceding such race, and for such motorboat
while competing in official trials for speed records during a period
not to exceed 48 hours immediately following such race.
[Added 4-14-1986 ATM
by Art. 38]
Neither the owner of a boat livery, nor his agent or employee shall permit any motorboat or any vessel permitted by him to be operated as a motorboat to depart from his premises unless it shall have been provided, either by the owner or renter, with the equipment required pursuant to § 224-10 of this chapter or pursuant to any rule or regulation of the Director of the Massachusetts Division of Marine and Recreational Vehicles.
[Added 4-14-1986 ATM
by Art. 38]
A.
No person shall operate any motorboat on the waters of the Hull waterways
while he is under the influence of intoxicating liquor, narcotic drug,
barbiturate or marijuana.
B.
No person shall operate any motorboat or use any water skis, surfboard
or similar device on the waters of the Hull waterways negligently
so as to endanger the lives or safety of the public, or use any water
skis, surfboard or similar device thereon in the nighttime.
C.
No person shall operate any motorboat on the waters of the Hull waterways
towing a person or persons on water skis, a surfboard or other similar
device, unless there is in such motorboat a person who has attained
age 12 in addition to the operator in a position to observe the person
or persons being towed, and unless such motorboat is equipped with
a ladder, steps or similar means by which any person being towed can
be taken from the water.
D.
So much of the provisions of Subsection B as prohibit the use of water skis, surfboards or similar devices in the nighttime, and the provisions of Subsections C and D, shall not apply to a performer engaged in a professional exhibition which has previously been approved by the Director of the Massachusetts Division of Marine and Recreational Vehicles.
E.
Whoever, upon any part of the Hull waterway, operates a motorboat
recklessly or operates such a boat negligently or at a speed so that
the lives or safety of the public might be endangered or upon a bet
or wager or in a race or whoever operates a motorboat for the purpose
of making a record and thereby violates any provision of this chapter
or any regulation promulgated hereunder which the Director of the
Massachusetts Division of Marine and Recreational Vehicles is hereby
authorized to make or whoever without stopping and making known his
name, residence and the registration number of his motorboat goes
away after knowingly colliding with or otherwise causing injury to
any other motorboat or property or person shall, notwithstanding any
other provision of this chapter, be punished by a fine of not less
than $20 nor more than $200. Nothing in this section shall apply to
any regatta or race otherwise authorized under the provisions of MGL
c. 90B, § 11, and the regulations promulgated thereunder.
[Added 4-11-1988 ATM
by Art. 25]
Nothing contained herein shall affect or limit the authority,
rights and remedies available to the Harbor Master, his assistants
or the Town as provided for elsewhere by law.
