Vessels shall operate at only headway speed so as to make no
wake in all areas listed below:
A. Vessels shall make no wake within 150 feet of bathers, swimmers,
divers, piers, docks, floats, moored vessels, small boats propelled
by means other than machinery, vessels not underway, shorelines used
as swimming areas, or the shoreline. Wake is considered a part of
the vessel, and vessel owners and operators are responsible for any
damage or injury caused by their vessel's wake regardless of
whether they are in a designated no-wake zone.
B. The number and location of "no wake" zones may be modified at the
discretion of the Harbormaster, provided that such action is approved
by the Select Board and that a two-week period for public comment
is allowed prior to any change(s).
The following areas are classified as "no wake" zones:
A. The entrance to Rock Harbor, including the entire inner basin.
B. Hemenway Landing:
(1) In the waterway 900 feet northerly of the Hemenway Town Landing.
(2) In the waterway in front of Fort Hill 4,000 feet southerly of Hemenway
Town Landing.
C. The entirety of Cable Creek out to and including the Nauset Inlet
mooring field, as designated by the Harbormaster.
D. Herring River (Bee's River so-called), Hatches Creek, Boat Meadow
Creek.
If any section, paragraph, sentence, clause, or phrase of this
bylaw is held invalid or unconstitutional, such portion shall be deemed
a separate and distinct provision and such decision shall not affect
the validity of the remaining portions of this bylaw, which shall
remain in force and effect; and to this end, the provisions of this
bylaw are hereby declared severable.
In addition to any other legal remedies that may be available, the Harbormaster or other designated enforcing person, may enforce this bylaw by noncriminal disposition. If a noncriminal disposition process, as provided in MGL c. 40, § 21D and §
1-2 of the Town's General Bylaws is elected, then any person who violates the provisions of this bylaw shall be subject to the following enforcement fines and penalties.
A. The enforcing officer may give a written warning for the first offense
or shall impose the following fines:
(3) Third offense and subsequent offenses: $300.
B. Each day or portion thereof shall constitute a separate offense.
If more than one, each provision violated shall constitute a separate
offense.
C. The Town may enforce this bylaw or enjoin violations thereof through
any lawful process, and the election of one remedy by the Town shall
not preclude enforcement through any other lawful means.
D. In addition to a fine, violation of any provision of this bylaw may,
after a public hearing held by the Select Board, result in loss of
any or all of the following Town permits for one year from the date
of the violation: Shellfish Permit, Freshwater Launch Permit, Mooring
Permit, Vessel Storage Permit.