These rules and regulations are made by the Town Manager of the Town of Barnstable, under the authority of Chapter
32, Article
II, §
32-7, of the Town of Barnstable Code. These regulations shall supersede any former marina regulations and shall continue in force until rescinded or replaced by the Town Manager, or until the authority to make and enforce marina regulations has been repealed. The Town Manager, using his or her discretion, may deviate from the regulations noted below if deemed to be in the best interest of the Town of Barnstable.
The following subsections are hereby made part
of these regulations and shall appear in every application for berth
executed by a boat owner:
A. The intent of these regulations is to operate the
marinas of the Town in a manner which is fair and uniform to all slipholders,
including potential slipholders whose names appear on the wait list
for a slip. Any interpretation of these regulations by the Town, or
agents of the Town, shall be made with the basic premise that a slip
is to be used for the personal and sole use of the slipholder and
that the rental value of the slips themselves is an asset of the Town
that must not be diverted by private parties. Therefore, the slipholder
hereby agrees that any deviation from this premise by the slipholder
shall result in the termination of any slip rental agreement and further,
the Town may recover any amounts received by the slipholder from other
parties which are essentially in the nature of payment for the use
of the slip.
B. The slipholder also understands and agrees that if
it is the opinion of the Town of Barnstable, or its agents, that there
may be a violation of any of the marina rules and regulations, or
their intent, it shall be at the option of the Town to require the
slipholder to provide any and all testimony or documentation which
may be necessary to prove to the satisfaction of the Town that they
are not in violation of the rules and regulations. Any slipholder
who does not respond and show evidence on his behalf within two weeks
of receipt of such request, or any slipholder who fails to meet to
the Town's satisfaction all marina regulations or their intent, shall
relinquish the rights to the slip and all fees shall be forfeited
to the Town.
C. Furthermore, the slipholder hereby agrees that any
violations of these regulations shall constitute reason for the removal
of the vessel to a place away from the slip, such as a mooring, other
anchorage, or dry storage. The slipholder agrees to indemnify and
hold the Town, and its agents, harmless for any damage to his vessel
or for the cost of towage or storage in connection herewith.
All directives of the Harbormaster or his deputies must be complied with immediately and in full. Failure to comply with the directives and the above rules and regulations can be cause for the loss of the slip, its fees, and the removal of the vessel from the marina at the owner's expense. Furthermore, any violation of these rules and regulations shall be considered a violation of the provisions of Chapter
32, Article
II, §
32-7, of the Code of the Town of Barnstable, and is punishable by a fine not to exceed $200 for each offense. Each day such offense continues constitutes a separate offense. Any boat owner shall have the right of appeal to which he/she feels aggrieved and said appeals process may continue through the office of the Town Manager and/or any other avenue available through due process of law.