(C0016-19; C0035-20; amended as part of October 2021 update. Formerly 12-380)
The city council may grant, by petition, commercial passenger vessel permits, as the public good requires and subject to terms and conditions as it sees fit, to such parties deemed appropriate, subject to the provisions of these Revised Ordinances and applicable state statutes.
(C0016-19; amended as part of October 2021 update. Formerly 12-381)
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(a) 
Commercial passenger vessel.
Any boat that carries passengers for a fee or as a free service associated with another business including, but not limited to, charter, cruise, dinner, excursion, ferry, harbor tender, taxi and tour boats.
(C0016-19; amended as part of October 2021 update. Formerly 12-382)
(a) 
No owner of a commercial passenger vessel shall operate or have such vessel operated on their behalf as a commercial passenger vessel, in whole or in part, within the limits of the city unless such owner has first obtained the required permit for said purpose from the city council.
(b) 
No owner of any property located, in whole or in part, within the limits of the city shall allow any party to dock a commercial passenger vessel at said property unless such party has first obtained the required permit for said purpose from the city council.
(c) 
Any violations of this section shall be reported to the city clerk. After conferring with the city solicitor and/or the president of the city council, if necessary, the city clerk may:
(1) 
Issue fines in accordance with Section 1-8 of these Revised Ordinances to the owner of an unpermitted commercial passenger vessel; and/or
(2) 
Issue fines in accordance with Section 1-8 of these Revised Ordinances to the operator of an unpermitted commercial passenger vessel; and/or
(3) 
Issue fines in accordance with Section 1-8 of these Revised Ordinances to the owner of the property at which any unpermitted commercial passenger vessel is docked; and/or
(4) 
Issue a cease and desist order to the owner and/or operator of an unpermitted commercial vessel.
(C0016-19; C0035-20; amended as part of October 2021 update. Formerly 12-384)
(a) 
All applications for commercial passenger vessel permits pursuant to this division shall be completed, reviewed and processed in accordance with the provisions of Section 12-303 of this Chapter and the following additional provisions:
(1) 
In addition to the standard materials that need to be included with a commercial passenger vessel permit application, the following materials also need to be submitted with each such application:
a. 
For each boat proposed to be utilized as a commercial passenger vessel, the following information shall be required:
1. 
A copy of the vessel’s current Massachusetts boat registration;
2. 
A copy of the vessel’s current United States Coast Guard certificate of inspection;
3. 
A copy of the vessel’s certificate of insurance; and
4. 
The location where each vessel will be docked when not in use.
b. 
For each person proposed to operate the applicant’s commercial passenger vessel(s):
1. 
A copy of their United States Coast Guard captain’s permit for the class of vessel they will operate.
(b) 
In determining whether to grant a new or modified commercial passenger vessel permit, the city council shall consider the effect the granting of such permit will have on the neighborhood in relation to fire hazards, aesthetics, traffic and air, noise and water pollution.
(c) 
Permit conditions and restrictions.
(1) 
All commercial passenger vessel permits shall be subject to the standard permit and permit conditions and restrictions for permits and permits issued under the authority of the city council as specified in Section 12-308(a) of this Chapter.
(2) 
All commercial passenger vessel owners shall maintain a legal location to dock their boat(s).
(3) 
All commercial passenger vessel owners shall maintain a business liability insurance policy showing:
a. 
The city as an additional insured;
b. 
A limit of not less than two million dollars ($2,000,000.00) in liability insurance for injuries per occurrence;
c. 
A limit of not less than two million dollars ($2,000,000.00) in general liability insurance; and
d. 
A limit of not less than two million dollars ($2,000,000.00) in marine protection and indemnity insurance.
(4) 
The city council may impose other reasonable restrictions and conditions on individual commercial passenger vessel permits as they deem necessary to protect the public safety and welfare. Such restrictions and conditions may include limitations on the days and hours of operation.
(d) 
Petitions for approved commercial passenger vessel permits shall be handled in accordance with the provisions of Section 12-310 of this Chapter.
(e) 
Petitions for denied commercial passenger vessel permits shall be handled in accordance with the provisions of Section 12-311 of this Chapter.
(f) 
Renewals of existing commercial passenger permits shall be handled in accordance with the provisions of Section 12-312 of this Chapter.
(g) 
The process used to monitor and ensure compliance with the conditions and restrictions placed on commercial passenger vessel permits, as well as the possible penalties for such noncompliance, is prescribed in Section 12-313 of this Chapter.
(h) 
The method used to file and process complaints regarding a commercial vessel license is prescribed in Section 12-318.
(i) 
Suspensions of commercial passenger vessel permits shall be handled in accordance with the provisions of Section 12-315 of this Chapter.
(j) 
Revocations of commercial passenger vessel permits shall be handled in accordance with the provisions of Section 12-316 of this Chapter.