[HISTORY: Adopted by the Harbormaster of
the Town of Barnstable 3-18-2019; approved by the Town Manager 3-18-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: These regulations also superseded former Ch.
406, Mooring, adopted 9-16-2016.
The Town of Barnstable mooring regulations have been established
in order to provide efficient utilization of harbor areas, to improve
the safety of moored vessels, and to provide adequate space for the
enjoyment of all the users of the harbors. This shall be done by controlling
the placement of moorings, establishing standards for mooring tackle,
and by establishing regular, systematic mooring inspections.
As used in this chapter, the following terms shall have the
meanings indicated:
Every description of watercraft, used or capable of being
used as a means of transportation on the water, including seaplanes,
amphibious vehicles, and any other variable use craft when navigating
or moored on the water.
A rigging fitting on the bow of a vessel, normally mounted
on deck or in the toe rail, to control a rigging or mooring line.
Semipermanent ground tackle placed by a vessel owner or mooring
servicer on or beneath (helix mooring) the bottom on behalf of a vessel
owner; a place where vessels are kept at anchor.
A buoy marking a mooring.
Written authorization issued by the Harbormaster's Office
to moor a vessel.
INDIVIDUALMoorings placed for the private use of the vessel owner.
COMMERCIALCommercial moorings that are not for sale or rent but used by a commercial establishment for the holding of boats for sale, repair, or the like.
Person(s) licensed by the Harbormaster's Office to perform
mooring service, installation, inspection and maintenance services.
January 1 to December 31. New mooring applications and permits
will be available during the posted hours at the Harbormaster's
Office, from the time mooring permit renewals are mailed until November
1 of each year.
Includes individuals; prior to April 25, 2013, an owner could
include corporations, societies, partnerships, associations, etc.
A line, cable, or chain by which a vessel is made fast to
a mooring buoy.
All moorings shall meet the minimum standards as set forth below
prior to placement. These standards are set for normal weather conditions.
In the event of gale winds or stronger and/or extreme tides, it is
the mooring owner's responsibility to ensure certain precautions
are taken. The Town of Barnstable realizes that mooring loads are
variable, that it is impossible to say that all boats of equal length
require the same size mooring, and such standards cannot be applied
to all boats. The Harbormaster's Office reserves the right to
require a boat owner to increase the minimum mooring standard for
any vessel should they feel the minimum standard would be inadequate
for the vessel because of unusual design, such as, but not limited
to, excessive weight, windage, or draft. Furthermore, the Town of
Barnstable shall not be held liable for any damage inflicted if a
minimum standard mooring fails.
A.
Mushroom anchor.
(1)
Saltwater.
|
Boat Size
(feet)
|
Mooring Weight
(pounds)
|
Bottom Chain
(inches)
|
Top Chain
(inches)
|
Pennant
(inches)
|
|---|---|---|---|---|
|
00-13
|
50
|
1/2
|
3/8
|
1/2
|
|
14-17
|
75
|
1/2
|
3/8
|
5/8
|
|
18-21
|
150
|
1/2
|
3/8
|
5/8
|
|
22-25
|
200
|
5/8
|
1/2
|
5/8
|
|
26-31
|
250
|
5/8
|
1/2
|
3/4
|
|
32-35
|
300 plus sw
|
5/8
|
1/2
|
3/4
|
|
36-40
|
500 plus sw
|
3/4
|
1/2
|
3/4
|
|
Over 40
|
Harbormaster approval
|
(2)
Freshwater.
|
Boat Size
(feet)
|
Mooring Weight
(pounds)
|
Bottom Chain
(inches)
|
Top Chain
(inches)
|
Pennant
(inches)
|
|---|---|---|---|---|
|
00-17
|
50
|
1/2
|
3/8
|
1/2
|
|
18-21
|
100
|
1/2
|
3/8
|
5/8
|
|
22-25
|
150
|
5/8
|
1/2
|
5/8
|
|
26 and over
|
Harbormaster approval
|
B.
Helix anchor. The following specifications shall be considered the
minimum allowable specifications of a helix mooring system.
(1)
The shaft must be a minimum of 1 1/2 inches thick and at least
six feet in length.
(2)
The shaft and helix must be of galvanized or other noncorrosive metal,
such as stainless steel.
(3)
The shaft must be designed to allow the bottom chain to swivel around
the shaft and to be replaced when necessary.
(4)
There shall be a minimum of two helixes attached to each shaft, with
the lower helix being a minimum of eight inches in diameter and the
top helix being a minimum of 10 inches in diameter.
(5)
All chain and pennant specifications will remain consistent with
the mushroom anchor chart.
(6)
Helix moorings shall be placed/installed at the discretion and direction
of the Harbormaster. No helix mooring is to be placed without written
approval of the Harbormaster. Installation of helix moorings must
be done by a mooring servicer.
(7)
It shall be the responsibility of the mooring servicer to assure
that the proper size and length helix is used according to subsoils
within a given mooring area and for the vessel to be moored.
(8)
The mooring servicer shall record the position of the helix mooring
by a global positioning system (GPS) fix and record all the mooring
specifications, including the length of shaft, depth of mean high
water, torque reading at set, all sizes and length of ground tackle.
All information shall be filed with the Harbormaster's Office
within 10 days of work.
(9)
All helix moorings shall be installed as close to flush with the
bottom surface as possible with no more than six inches protruding
above the bottom surface.
C.
All moorings.
(1)
No vessel shall be moored, and no mooring shall be placed, by a vessel
owner or mooring servicer except in compliance with these regulations.
(2)
Any mooring other than a mushroom anchor or helix mooring shall be
at the discretion of the Harbormaster's Office.
(3)
Pennants shall be made of nylon or Harbormaster-approved type line.
(4)
All mushroom moorings of 300 pounds or greater shall also be required
to have a Harbormaster's-office-approved shaft weight (sw) collar
bolted or cast into the mushroom anchor as noted above.
(5)
Chain length shall be three times the water depth at high tide. Maximum
length of chain in "closed areas" shall be no more than four times
the water depth at high tide.
(6)
Bottom chain shall be 1/3 of the total length of chain.
(7)
Pennant lengths shall be two times the distance from the water to
the bow plus the distance from the bow to the mooring cleats.
(8)
All pennants shall have proper chafe gear attached so as to cover
an area of one foot on either side of the bow chocks.
(9)
Moorings found to be inadequate with regard to the Town specifications
as detailed above shall be corrected by the owner within seven days'
notice by those empowered to enforce these regulations. Written notice
to the Harbormaster's Office detailing the corrective action
taken by the owner and date corrective action was taken shall be required.
(10)
Mooring buoys shall be round and a minimum of 11 inches in diameter;
inflated, formed, molded or fabricated from rubber, plastic or fiberglass.
Each buoy shall be white with a blue horizontal stripe. Mooring buoys
shall carry the permanently assigned mooring permit number in no less
than three-inch block letters to be read from above the waterline
along with the permit holder's last name in at least two-inch
block letters. Additionally mooring buoys shall be at least 50% above
the water surface at all times. Any additional pickup buoys shall
carry the permit holder's last name.
A Town of Barnstable mooring permit is required for all moorings
placed in the waters of the Town of Barnstable. Falsifying information
on a mooring permit application or failure to submit a fully completed
mooring permit application shall be cause for nonconsideration of
such application. All mooring permits are issued for the use of the
vessel indicated on the permit. The use of the mooring by any other
vessel without the written consent of the Harbormaster's Office
will be grounds for revocation of the mooring permit, and/or citation(s)
may be issued to the vessel owner. All mooring permits shall be annually
renewed by February 28. There shall be a late renewal period subject
to an additional fee from March 1 to March 31. All renewals must be
received by the Harbormaster's Office no later than 4:15 p.m.
of the deadline day. If the deadline day falls on a day when the Harbormaster's
Office is closed, then the deadline will be the next business day.
If a permit is not renewed before the late period ends, the vessel
owner will be required to reapply as required for a new permit.
A.
Individual mooring permit.
(1)
Vessel owners wishing to moor their vessel in the waters of the Town
of Barnstable must obtain an annual mooring permit and are solely
responsible for obtaining an individual mooring permit. Vessel owners
may elect to install and maintain their mooring, provided they fully
comply with these regulations. Vessel owners who elect not to install
and maintain their mooring must annually identify their mooring servicer
on their permit application.
(2)
No mooring servicer shall inspect, place or service a mooring for
a vessel owner without proof of a current mooring permit issued by
the Harbormaster from their customer or the Harbormaster's Office.
(3)
For all new mooring applications and changes of vessels: Vessels
must be owned by the mooring permit holder. Further, all vessels must
be registered or documented with and in the same name of the mooring
permit holder as listed on the mooring permit. The spouse of a legally
married couple may appear on registration, documentation, title and/or
bill of sale. However, the mooring permit is issued solely to the
individual name on the mooring permit.
(4)
Individual mooring permits are issued on the basis of one boat, one mooring (primary mooring). For vessel owners requesting more than one mooring per boat (secondary mooring), consideration of mooring application will only be given if such moorings are not in an area for which a waiting list has been established pursuant to § 406-16.
(5)
The ownership of waterfront property in no way guarantees nor implies
any right of the property owner to obtain a mooring permit.
(6)
Vessel owners are required to submit the following documents with
new applications and renewals:
(a)
Proof of current registration or documentation of the vessel.
(b)
Proof of payment of latest Town of Barnstable boat excise tax
or acknowledgment of responsibility for the same to the Town Assessor's
office.
(c)
Completed mooring application.
(d)
For all new mooring applications, a completed mooring inspection
form. All mooring renewals shall submit by September 1 a completed
mooring inspection report for every full inspection required. It shall
be the ultimate responsibility of the mooring permit holder to ensure
said inspection report is submitted. Failure to submit a full inspection
report may be grounds for termination of the mooring permit.
(8)
Permitted individual moorings are transferable within the immediate
family. The immediate family shall include brother, sister, son, daughter,
father, mother, or spouse. Transfer fee, documentation to support
the relationship, and a notarized letter stating the intent to transfer
the mooring are required. No more than one transfer may occur per
year (365 days).
(9)
A second vessel of the same or lesser length, draft, and size may
be permitted as a secondary vessel at the discretion of the Harbormaster's
Office. Such vessel must be solely owned by the mooring permit holder.
This in no way would allow for an additional mooring, only the use
of the mooring by an alternate vessel permitted by the Harbormaster's
Office. Only one vessel may be attached to the mooring at one time,
and rafting shall be forbidden.
B.
Rental moorings. Applicants for any type of rental mooring permit
for the current season must, in addition to the requirements of these
regulations, submit proof of a permit from the Army Corps of Engineers,
or proof that the rental mooring applicant has submitted all the correct
information as required by the Army Corps of Engineers to show they
are in substantial compliance with the federal application process.
Failure to comply with the above will result in denial of the application.
(2)
Seasonal rental moorings.
(a)
Seasonal rental mooring owners must obtain an annual seasonal
rental mooring permit for each seasonal rental mooring.
(b)
A one-year grace period shall be allowed for unused seasonal
rental moorings. If the rental mooring is not rented for the mooring
year, the owner must remove such mooring, and the mooring permit shall
be revoked.
(c)
Seasonal rental moorings may not be sold, transferred, or assigned
to any person, corporation, partnership, organization or entity other
than the lessee of such mooring in the previous season. Should the
mooring owner transfer ownership of such mooring in the manner noted
above, the rental mooring permit shall be revoked, and the number
of seasonal rental mooring permits originally allowed shall be reduced
accordingly.
(d)
Seasonal rental mooring permit holders shall be required to
keep complete and accurate records of each rental, and submit to the
Harbormaster's Office by May 14 of each year:
(e)
If the original user of a seasonal rental mooring relinquishes
use, the owner of the rental mooring must notify the Harbormaster's
Office by April 1. A vacated rental mooring shall be offered to all
individuals on the rental mooring waiting list, beginning at the top.
(3)
Transient rental mooring permits. Transient rental mooring owners
must obtain an annual transient rental mooring permit for each transient
rental mooring. In addition to the required blue horizontal stripe
on the mooring buoy, a four-inch orange horizontal stripe shall be
on the top of the buoy. Transient rental mooring permit holders shall
submit upon the request of the Harbormaster the days/dates of use
of each transient mooring. The Harbormaster's Office shall collect
a fee for any Town of Barnstable transient rental moorings.
C.
Commercial yard mooring permits.
(1)
Commercial yard mooring owners must obtain an annual commercial yard
mooring permit for each commercial yard mooring.
(2)
The maximum length of stay for a vessel on a commercial yard mooring
(if permitted) shall be 14 days except with the expressed written
consent of the Harbormaster's Office.
(3)
All mooring balls shall be marked with a minimum eight-inch letters
with the yard initials followed by a space and "C."
(4)
The number of commercial yard mooring permits allowed shall be strictly
controlled and issued on a proven-needs basis only.
D.
Special event permit.
(1)
A private mooring permit holder may loan his/her mooring for a "special
event," subject to the terms, conditions, and prior approval of the
Harbormaster's Office by permit to the organizer of the event,
and for periods of no longer than four days. The organizer of the
special event shall be solely responsible for ensuring the terms and
conditions of the special event permit, for getting approval of the
private mooring permit holder, and for any liability incurred associated
with the special event as it relates to this section/regulation.
(2)
"Special event" may include but is not limited to Yacht Club regattas,
special races, organized boat shows/events, or events that require
a marine event permit issued by the USCG.
(3)
No one shall assign or allow the use of any mooring for any event
without a special event permit issued by the Harbormaster's Office.
Each vessel for which a mooring permit has been issued, and
each vessel occupying a permitted seasonal rental mooring, shall have
attached on the hull in a visible location an annual sticker issued
by the Harbormaster's Office. Stickers shall not be attached
to any vessel other than that which is permitted. It shall be the
responsibility of the mooring owner to ensure compliance with this
section.
The use of mooring tags is at the discretion of the Harbormaster.
A.
Moorings shall not be placed, altered, shifted or interfered with,
except under the direction of the Harbormaster's Office.
B.
The Harbormaster's Office may require the relocation of permitted
moorings that are in the water, and any expense thereof shall be the
mooring owner's responsibility.
C.
The Harbormaster's Office may limit the size and lengths of
vessels moored in the waters of the Town of Barnstable if in the Harbormaster's
opinion this is warranted due to congestion, to ease navigation, or
as a measure of public safety.
D.
The mooring permit may be suspended or revoked by the Harbormaster
whenever in the Harbormaster's opinion the boat and/or mooring
unduly threatens the safety of the mooring area or the reasonable
use of that area by other boats.
E.
Moorings that are placed in a location other than that as permitted
by the Harbormaster's Office shall be grounds for revocation
of the mooring permit.
F.
A permit holder's mooring and mooring buoy must be placed and
maintained in the water in its permitted location on or before July
1 of each year and remain in the water until September 1 of each year.
Failure to comply with the placement requirements set above shall
be grounds for revocation or nonrenewal of the mooring permit.
A.
Barges and/or other vessels permanently moored within the so-called
"Aquaculture Zone" of the Town of Barnstable and whose use shall be
specifically for the purpose of shellfish propagation within the Aquaculture
Zone of Barnstable Harbor may be granted permission to moor said vessel
after obtaining an annual mooring permit from the Harbormaster's
Office and after the review of the Town of Barnstable's Waterways
Committee.
B.
The Town of Barnstable will allow no more than one barge/vessel for
every 10 shellfish grants, and the applicant must show proof the barge
is being shared on a co-operative basis with at least five additional
grant holders.
C.
All permits shall be granted on an annual basis and are renewable
upon favorable recommendation of the Town of Barnstable's Waterways
Committee and by permission of the Harbormaster.
D.
No barge/vessel shall be larger than 30 feet, waterline length, and
20 feet in width.
E.
All barges/vessels shall be removed from the area during the winter
months.
F.
All barges/vessels shall have the owner's name affixed to at
least one side of the barge with at least four-inch letters.
G.
All barges/vessels shall be lit at night with a 360° anchor light.
H.
All barges/vessels shall be moored according to specifications of
the Town of Barnstable Mooring Regulations and according to any special
specifications as may be required from the Harbormaster.
I.
It shall be encouraged that barge/vessel owners make every effort
to minimize the height and size of any superstructure and to paint
the vessel in natural colors that will blend into the surroundings.
A change of ownership of a vessel moored within the Town of
Barnstable must be reported to the Harbormaster's Office. The
new owner must obtain an individual mooring permit from the Harbormaster's
Office and, as such, the mooring will be considered a new mooring
and all rules and regulations pertaining to new moorings shall be
applicable.
Written permission must be obtained from the Harbormaster's
Office before a permit holder changes vessels and desires to retain
his/her mooring permit. The Harbormaster's Office, using its
discretion, may or may not approve such a change. Violation of this
section may be subject to revocation of mooring permit. An administration
fee will be charged for any change of vessel form submitted.
A.
Mushroom anchors.
(1)
Before a new mooring permit will be issued, the mooring owner must
submit his/her mooring for an out-of-the-water inspection by the Harbormaster's
Office or mooring servicer.
(2)
Each year the mooring buoy, pennant, chafing gear, and top chain
with connecting hardware on each mooring must be inspected visually
by the Harbormaster's Office or mooring servicer. For freshwater
mooring permits, the permit holders may complete this inspection themselves.
(3)
Each mooring must be inspected every three years, out of the water,
by the Harbormaster's Office or mooring servicer, starting with
the year in which it was first permitted or last inspected, whichever
is later. The expense of such inspection shall be at the mooring owner's
expense.
B.
Helix moorings.
(1)
Before a new mooring permit will be issued, the helix owner must
submit his/her helix for an out-of-the-water inspection by the Harbormaster's
Office or mooring servicer.
(2)
All inspections must be approved by the mooring officer or a mooring
servicer.
(3)
The swivel, top chain, pennant, chafe gear, and buoy shall be inspected
annually.
(4)
The bottom chain and associated tackle shall be replaced every third
year by diver or by a complete haul out. In the event that a diver
is used to replace the tackle, they must certify the condition of
the top section of the helix at that time is in good and proper condition.
(5)
A full out-of-the-water inspection of the mooring and tackle shall
take place every 12 years.
C.
All moorings. If as a result of such inspection the Harbormaster's
Office or mooring servicer determines that any link of chain, shackle,
swivel or other piece of mooring gear has become damaged or worn by
1/3 of its normal diameter, all such chains, shackles, swivels or
other pieces of mooring tackle shall be replaced accordingly. Failure
to replace worn or damaged gear shall be grounds for revocation of
mooring permit by the Harbormaster's Office.
A.
Upon the termination of use, the mooring owner must remove the mooring
from the waters at his/her expense.
B.
The owner of any mooring may not transfer the use or ownership of
said mooring to another while in place. If the owner of a mooring
sells his/her mooring tackle to another, the location of said mooring
may not be assumed by the buyer. It shall remain at the discretion
of the Harbormaster's Office to assign the location of any mooring.
Should a mooring owner abandon the mooring, the mooring may be hauled
by the Town, and all costs of the removal shall be the responsibility
of the owner of record. Any abandoned or unclaimed mooring, removed
by the Town, may be auctioned off in accordance with Town ordinances.
A.
All fees are established by the Town Manager and will be maintained
and available for the public at the Harbormaster's Office. Fees
are based upon one boat, one mooring. Per MGL c. 91, § 10A:
"A reasonable fee for such mooring permit, proportionate to the city
or town's cost of overseeing mooring permits, may be imposed
by the city or town or whoever is so authorized by the city or town,
but no mooring fee shall discriminate on the basis of residence."
All moorings not being used for the holding of a vessel shall
be required to have a winter stake correctly attached prior to January
1. Moorings 500 pounds or greater located in Tim's Cove, North
Bay or the Oyster Company shall be exempt. All winter stakes shall
be painted white with a blue horizontal stripe and the mooring owner's
name. The winter stake shall be upright at all times and not less
than 40° with relationship to the surface of the water at any
period of the tide, and no less than 18 inches exposed at all times.
Winter stakes shall not be set before September 15 of each year and
must be removed by June 1. Any winter stake not removed by June 1
shall be considered abandoned and may be removed by the Harbormaster
at the owner's expense.
No vessel may be anchored in the waters of the Town of Barnstable
more than eight days total, per year, without the consent of the Harbormaster's
Office. Anchoring shall be prohibited within all designated mooring
areas. Anchorage may be at the discretion of the Harbormaster's
Office.
In areas that have, in the opinion of the Harbormaster in consultation
with the Town Manager, reached maximum mooring capacity, the Department
may establish waiting lists. The following shall serve as guidelines
for the waiting list procedures:
A.
For areas where no additional space is available, individual applicants
for mooring space shall be placed on a waiting list at the office
of the Harbormaster. Additionally there shall be a separate seasonal
rental mooring waiting list covering all rental moorings. Once established,
the rental mooring waiting list shall be published once per year on
March 1. All those wishing to rent for the year must be on the rental
mooring waiting list on February 28.
B.
Entries shall be kept in chronological order according to the date
the application is received.
C.
The waiting list shall be renewable at the beginning of each calendar
year. It shall be the responsibility of the applicant to notify the
Harbormaster's Office, in writing, between January 1 and February
15 of each year of his/her desire to remain on the waiting list. The
Harbormaster's Office must receive said notice on forms approved
by the Harbormaster by 4:15 p.m. on the deadline date along with the
fee. If the deadline day falls on a day when the Harbormaster's
Office is closed, then the deadline will be the next business day.
D.
When a mooring space becomes available, the Harbormaster's Office
shall assign the mooring space to the first individual on the waiting
list with a vessel appropriate for that particular location.
E.
The person at the top of the waiting list shall have priority to
obtain the next available location but may waive the right to the
next available location if it is not in a place convenient to him/her
without losing his/her place at the top of the list. In the event
of a waiver, the next person on the list shall be offered the location;
and if that person waives the right to the location, the next successive
person shall be offered the location, etc., until someone in succession
on the list takes it and registers a mooring there. Notice to the
person entitled to the next available mooring shall be in writing
or any other reasonable method established by the Harbormaster.
F.
Only individual and commercial yard mooring permits may be applied
for in full areas; no new rental permit applications will be accepted.
G.
Owners of seasonal rental moorings shall make notice to the Harbormaster's
Office of any vacancies by April 1. Vacancies shall be filled by the
rental permit holder from the rental waiting list maintained by the
Harbormaster's Office as provided in these sections except that
rental moorings shall be subject to payment as required by owner.
If such mooring is not taken by June 15, the mooring shall be removed
by the owner with the seasonal rental mooring permit being forfeited.
The Harbormaster has the right to review all aspects of rental waiting
list placements at all times.
H.
The following waiting lists shall be in effect and considered closed
until the respective waiting list has been diminished and all applicants
have either been awarded a mooring or have been removed for failure
to perform: Cotuit Town Docks/Ropes, Cotuit Bay Shores, North Bay,
North Bay Channel, Prince Cove, West Bay, Tim's Cove, Centerville
River, East Bay and Fish Hills, Cotuit Ropes/Cordwood, and West Bay
Flats. From that time forth, the wait list shall be filled through
a lottery system, open to all, and placement upon the list shall be
in the order by which the name of the applicant is drawn. The Town
of Barnstable, at its discretion, shall determine the number of applicants
to be placed upon the list. All applicants upon their selection through
the lottery system shall be subject to all rules and regulations as
they pertain to this document.
I.
An annual, nonrefundable administration fee will be charged for each
request to remain on a waiting list for a mooring. As approved on
November 12, 2013, a nonrefundable administration fee will be charged
for any initial (new) applications for a waiting list for a mooring.
J.
No new waiting list applications will be accepted between December
1 and December 31.
K.
Establishment of a rental mooring waiting list: The Harbormaster's
Office shall conduct a lottery to include all those who are on a current
Town mooring waiting list as of April 1, 2013, that desire to be on
the rental waiting list. All above rules and fees shall apply. Once
the lottery has been conducted and the results posted, the rental
waiting list shall be considered open as all other open areas.
L.
Individuals offered a potential mooring from the waitlist will have
five business days to respond when the Harbormaster's Office
provides notice. Failure to respond will result in a pass to the next
individual on the list. If the contact information on file (e-mail/phone
number) is incorrect this will also result in a pass. The Harbormaster
may use discretion if an individual contacts the Harbormaster's
Office after the five business days.
At the discretion of the Harbormaster's Office, a grace
period not to exceed one mooring year may be allowed to maintain a
mooring location for a permitted mooring, unless otherwise noted.
This does not excuse the mooring owner from the responsibility of
obtaining a mooring permit.
A.
No one shall place, maintain, service, repair, or replace any mooring
without a valid mooring servicer's license issued by the Harbormaster's
Office. This license shall not apply to individual mooring permit
holders who maintain their own moorings and have annual inspections
by the Harbormaster's Office.
B.
Mooring servicers shall abide by all federal, state, and local laws,
rules, regulations, conditions, and lawful orders of the Harbormaster
and/or his assistants.
C.
No mooring servicer shall place, maintain, service, repair, or replace
any mooring that is not permitted by the Town of Barnstable.
D.
All mooring and mooring buoys (tackle) must be placed and in the
water in their permitted location on or before July 1 of each year
and remain in the water until September 1 of each year.
E.
All mooring inspections must be fully completed by July 1 of each
year; however, the Harbormaster may grant an extension to September
1 for moorings 500 pounds or greater upon request. Inspection reports
shall be on forms approved by the Harbormaster's Office and submitted
by July 15 unless extension has been granted.
F.
Any changes to mooring tackle after the inspection report has been
submitted to the Harbormaster's Office shall require a new inspection
report to be submitted within 10 days of said changes.
G.
The Town of Barnstable and its employees accept no responsibility
or liability.
H.
Mooring inspection and service work shall not be subcontracted unless
written permission is granted by the Harbormaster's Office. Upon
permission, the mooring servicer of record shall be responsible for
all mooring inspection reports.
I.
Each mooring servicer shall submit to the Harbormaster's Office
a complete, alphabetical list of all their customers serviced within
the Town of Barnstable by September 1 of each year.
J.
It shall be the responsibility of the mooring servicer to place all
identification markings on the moorings they service by the appropriate
deadline.
K.
Minimum applicant requirements:
L.
Application procedure:
(1)
Existing mooring servicers shall reapply for authorization yearly
on forms provided by the Harbormaster's Office by January 31.
The Harbormaster's Office will issue a decision within 30 days.
(2)
New applicants shall apply on forms supplied by the Harbormaster's
Office. The Harbormaster's Office will issue a decision within
60 days.
(3)
Applications that are incomplete and do not contain all required
information will not be processed. The Town of Barnstable assumes
no liability for lost, late, or incomplete applications or documents.
(4)
There shall be an annual application fee of $100 for each mooring
servicer's license application.
M.
Penalties.
(1)
Failure of a licensed mooring servicer to abide by these regulations
or the direction of the Harbormaster's Office may result in the
revocation or nonrenewal of said license. However, no such revocation
shall take place without written notification of the violation to
the servicer.
(3)
Anyone aggrieved by a license revocation may appeal to the Town of
Barnstable's Waterways Committee.
Unless otherwise specified, these rules and regulations shall
be enforced by the Harbormaster's Office, Assistant Harbormasters,
Natural Resource Officers, and by police officers empowered to patrol
the waters of the Town of Barnstable.
These regulations establish the procedures in which moorings may be approved in the Town of Barnstable under § 40-14 of the Code of the Town of Barnstable. Therefore, whoever violates any provisions of these regulations or neglects to obey the lawful and reasonable orders of those empowered to enforce the same, or resists them in the discharge of their duties, shall be considered in violation of Chapter 40 of the Town Ordinances and fined pursuant to § 1-3 (Schedule of Fines) of the Code of the Town of Barnstable.
In the event that any provisions, section or clause of these
regulations is hereafter found to be invalid, such invalidity shall
not affect the validity of the remaining portions of these regulations.
Nothing contained herein shall be held or construed to supersede
or conflict with or interfere with or limit jurisdiction of the United
States government or the Commonwealth of Massachusetts.
Any person aggrieved by a refusal to permit a mooring, or any
condition or restriction imposed relative thereto, may appeal without
prejudice, waiver or stay of any other appeals in writing to the Town
of Barnstable's Waterways Committee within 15 days after receiving
notice of such refusal or imposition. The Town of Barnstable's
Waterways Committee shall consider such appeal and render a written
determination as soon as practical. In the event the appeal of a refusal
to permit is granted, the petitioner must pay any and all mooring
fees that may be in arrears in addition to an appeal fee.
These regulations are promulgated under the authority of Massachusetts
General Laws Chapter 91 by the Harbormaster and approved by the Town
Manager. The Harbormaster, using his/her discretion and after consultation
with the Town Manager and the Waterways Committee, may deviate from
the regulations noted above if deemed to be in the best interest of
the Town of Barnstable.
