[HISTORY: Adopted by the Town Meeting of the Town of Plymouth 6-3-1985 STM by Art. 12 (Ch. 81 of the 1999 Code). Amendments noted where applicable.]
[Amended 9-19-1988 STM by Art. 11; 4-5-2003 STM by Art. 13; 4-7-2018 ATM by Art. 27; 10-18-2025 ATM by Art. 10]
As used in this chapter, the following terms shall have the meanings indicated:
ANCHOR
To secure a vessel to the bed of a body of water by dropping an anchor therefrom which is designed or intended to be hauled back aboard when said vessel is not at anchor.
CHANNEL
A navigable route for the passage of vessels, established by customary use or under the authority of federal, state or municipal law.
HARBOR MASTER
The Harbor Master and Assistant Harbor Masters duly appointed by the Select Board. In addition to duties and responsibilities under the General Laws, the Harbor Master shall patrol the harbor, provide services and render assistance to boaters, conduct investigations of boating crimes and assist in the prosecution of those crimes and enforce the law in the harbor and perform related duties.
HEADWAY SPEED
"Headway speed" shall mean the slowest speed at which a vessel may be operated at and still maintain steering. Headway speed is also known as "steerageway speed."
MOORINGS
A. 
The place where buoyant vessels are secured, other than a pier.
B. 
The equipment and/or process used to secure a vessel, other than by anchoring, consisting of a cement block, steel weight, or mooring auger or anchor placed on, or affixed to, the bed of a body of water, to which is affixed mooring tackle consisting of chain or mooring rope attached to a buoy or float, to which is affixed a mooring line pennant.
MOTORBOAT
Any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but not a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any federal agency successor thereto.
PERSONAL WATERCRAFT
A vessel propelled by a water jet pump or other machinery as its primary source of motor propulsion which is designed to be operated by a person sitting, standing or kneeling on the vessel rather than being operated in the conventional manner by a person sitting or standing inside the vessel.
PLYMOUTH HARBOR
All areas of the harbor and municipal waterways contiguous thereto over which the Town of Plymouth may exercise its powers; excepting, however, those areas under specific lease to private persons or owned privately.
VESSEL
Watercraft of every description, except a sea plane on the water, used or capable of being used as a means of transportation.
[Amended 4-5-2003 STM by Art. 13; 10-18-2025 ATM by Art. 10]
A. 
All vessel operators are responsible for their wake at all times when operating within Plymouth Harbor and for all damage to public or private property which may be caused by the vessel operator's excessive wake.
B. 
Maximum speed is headway speed within any and all mooring areas within Plymouth Harbor.
[Amended 4-7-2018 ATM by Art. 27]
Water-skiing, use of a tow-behind device and swimming will not be permitted in posted areas, anchorages, mooring fields or channels. For this section, a "tow-behind device" is defined as any object used in the towing of a person or persons by a motorboat, whether the persons ride on the device or hold on to the device.
[Amended 4-6-2013 STM by Art. 10]
A. 
Oil shall not be dumped or pumped overboard in any harbor area.
B. 
Treated or untreated sewage from a Type I and Type II marine sanitation device, rubbish, debris, garbage or dead fish shall not be discharged into Plymouth Harbor.
C. 
Boats or vessels shall not run their engines with propellers engaged while tied to the docks. Boats requiring dock trials may do so with permission of the Harbor Master in each instance.
D. 
Derelict boats, motors, etc., shall not be allowed in the Harbor or on the shores.
[Amended 4-5-2003 STM by Art. 13]
A. 
Tie-up periods at Town floats will be limited to 15 minutes. A tie-up time limit at the Town floats or piers for visitors at night, or boats with breakdowns, will be limited by discretion of the Harbor Master.
B. 
All visiting craft entering Plymouth Harbor are subject to the direction of the Harbor Master, who shall be consulted before anchoring or tying to any of the facilities or moorings.
C. 
All draggers, gill-netters, or other fishing vessels moored at the docks must have their trawl board, hauling gear, or other fishing gear secured inside the rails at all times.
D. 
Boat moorings cannot be rented out by owners and are assignable, when not in use, by the Harbor Master.
E. 
Boats shall not be tied to docks in dead storage without special permission from the Select Board. Any boat so illegally tied up for over four weeks' time will, upon notice from the Harbor Master, be removed at the owner's expense.
[Amended 4-6-2013 STM by Art. 10]
A. 
Fishing gear, equipment or any other matter shall not be allowed to remain on the docks or floats for over 24 hours without permission of the Harbor Master.
B. 
Swimming will not be allowed from the state pier, Town pier or floats attached to public docks or the launching ramp area in Plymouth Harbor.
C. 
There will be no soliciting from Town-owned piers, floats, launching ramp and parking areas unless authorized by the Select Board.
D. 
Rules for Town-owned or -managed boat ramps or boating access areas.
(1) 
No person shall build or maintain a fire for any purpose.
(2) 
No person shall remove, destroy, or deface any vegetation, sign, poster, building or other property.
(3) 
Parking areas are for the sole use of motor vehicle parking in conjunction with the intended use of the facility.
(4) 
Camping, swimming, sleeping, and picnicking activity shall not be permitted within the boundary of the boat ramp/access area.
(5) 
Water-skiing shall not be conducted from or within 300 feet of any boat ramp/access area. The operation of personal watercraft shall not be conducted from any boat ramp/access area, except for initial embarkation and final disembarkation.
(6) 
No fishing activity shall be conducted from within a 50-foot radius of any boat launching ramp.
(7) 
At no time shall a person deposit or leave any refuse on land or adjacent waters under the control of the Town of Plymouth. The deposit of sanitary waste is also strictly prohibited.
(8) 
The washing of motor vehicles, flushing motors or other equipment is prohibited.
(9) 
No person shall carry on any business or commercial calling or trade, sell or otherwise deal in wares of any sort, advertise any such business or commercial calling, hold any public meeting, or conduct any tournament, contest or organized event, unless he shall have received a written permit from the Town of Plymouth.
(10) 
Posting of any sign or notice (commercial or otherwise) without the prior approval of the Town of Plymouth is prohibited.
(11) 
Disorderly conduct, gambling, drinking of alcoholic beverages, use of illegal drugs, obscene or indecent language or behavior is prohibited.
A. 
Unmuffled noise from engines, outboards, amplifying systems, radios and the like shall be kept at a minimum when in the proximity of piers, floats, anchorages or ramp areas.
B. 
No person shall operate any motorboat or any vessel in a reckless or negligent manner so as to endanger the life, safety or property of any person.
[Amended 10-18-2025 ATM by Art. 10]
A. 
Commercial interests, party boats, fishing boats, associations or companies using the Town pier for permanent moorings, float access or gangways will pay an annual fee set by the Select Board.
B. 
All persons tying tenders at the Town pier shall be charged an annual fee set by the Select Board.
[Added 4-13-1988 ATM by Art. 25]
The Harbor Master, with the approval of the Select Board, may from time to time promulgate rules and regulations relating to the matters within his or her powers and jurisdiction under MGL c. 102, §§ 19 through 26.
[Amended 9-19-1988 STM by Art. 12; 4-5-2003 STM by Art. 13; 4-6-2013 STM by Art. 10; 4-7-2018 ATM by Art. 27]
A. 
No person shall place, maintain or use a mooring within Plymouth Harbor without a permit for said mooring having been issued by the Harbor Master. The fee for such permit shall be set by the Select Board.
B. 
Applications for moorings in Plymouth Harbor shall be submitted to the Harbor Master, on forms approved by the Harbor Master, which shall include whatever information may be required in the discretion of the Harbor Master for the purpose of properly administering this chapter.
C. 
The Harbormaster shall provide a written procedure for the fair and equitable assignment of vacant or new moorings. Methods for mooring assignment which are appropriate include, but are not limited to, one or more of the following:
(1) 
Date of mooring application;
(2) 
Physical characteristics of vessels, e.g., size and type;
(3) 
Purpose of vessel use, e.g., commercial vs. recreational or public vs. private;
(4) 
Public or private tidelands.
D. 
Moorings shall be assigned by the Harbor Master according to the specific requirements of the particular boat, including its length, draft, type, rig or other pertinent requirements.
E. 
Any applicant or mooring holder aggrieved by a decision of the Harbor Master with respect to any decision regarding any application or forfeiture may receive a hearing before the Select Board by filing a written request therefor within 30 days following said decision, unless the time for filing such request shall be extended by the Board for good cause shown.
F. 
All moorings shall be placed at the location designated by the Harbor Master.
[Amended 4-5-2003 STM by Art. 13; 4-7-2018 ATM by Art. 27; 10-18-2025 ATM by Art. 10]
A. 
Mooring specifications shall remain in compliance with current waterway regulations and inspection standards.
B. 
Owners with defective moorings shall be allowed seven days after receiving notice from the Harbormaster to correct defective conditions. If the defect is not corrected after this time, the owner will be subject to a penalty as set forth in § 170-12 of this chapter.
C. 
The Harbor Master shall keep a detailed description of all active mooring permits, their locus, the owner's name, home address, contact information and vessel of record information.
D. 
Mooring permit holders shall be in compliance with mooring permit conditions at all times. Failure to comply may result in revocation of the permit, nonrenewal of permit, penalties and/or removal of the mooring at the owner's expense.
[Amended 4-7-2018 ATM by Art. 27; 10-18-2025 ATM by Art. 10]
A. 
A fine not to exceed $50 may be imposed for infractions of or disobedience to this chapter when state or federal penalties do not apply. Each day that any violation continues shall constitute and be a separate offense. This chapter may be enforced by any available means in law or equity, including but not limited to enforcement by noncriminal disposition pursuant to MGL c. 40, § 21D, and §§ 1-4 and 1-5 of the Town Code.
B. 
Offenders will be prosecuted by the Harbor Master and all other enforcement agents.
C. 
Violations of this chapter may be sufficient cause for the Harbor Master to refuse an individual or his or her vessel the use of Town-owned or Town-controlled facilities for such period of time as may be determined by the Harbor Master or the Select Board, in addition to necessary court action in cases of violation of the Motorboat Law.[1]
[1]
Editor's Note: See MGL c. 90B.