[Added ATM 4-12-2004, Art. 34]
Mooring buoys, lobster pots, crab pots, eel pots and other obstacles
that will cause or create a hazard to navigation shall not be placed in areas
usually used as channels for navigation. In case of doubt, the Harbor Master
shall be consulted in advance before setting them in place.
A.
Except in a maritime emergency currently affecting those
aboard or others in the immediate vicinity, no vessel, mooring or other object
shall be deliberately abandoned, sunk or otherwise placed in the waters within
the Town of Falmouth where it may constitute a hazard. Any abandoned, sunk
or improperly placed vessel, mooring or object so found and any vessel otherwise
improperly secured, swamped, sunk, washed ashore or found in a restricted
area may be ordered by the Harbor Master to be removed or relocated. If corrective
action is not taken after seventy-two (72) hours' notice to the owner,
or if the owner is not known after notice has been posted for the same period
at the Town Hall and the Harbor Master's office, the Harbor Master shall
have authority to remove or relocate it; and the expense of such removal or
relocation shall be charged to the vessel and its owner.
B.
Nothing in the above shall be deemed to prevent emergency
action by the Harbor Master with or without notice to the owner if, in his
judgment, such action is necessary.
C.
The Harbor Master shall have the authority to sell at
public auction all abandoned vessels, moorings or other objects, where the
owner is unknown, that falls within his purview. All recovered abandoned property
shall be held in custody of the Harbor Master for a period of no less than
six (6) months, at which time it may be auctioned to the highest bidder if
in the best interest of the town. The Harbor Master shall have the right to
establish the minimum acceptable bid. Public notice of the time, place and
type of items involved shall be made in the local newspaper, one (1) time
each week for three (3) consecutive weeks prior to the auction. All moneys
received from the auction shall be turned into the town's treasury.
[Added ATM 4-7-1982, Art. 44]
A.
In the interest of safety, no swimming will be permitted
in the following harbors: Inner Wild Harbor (Silver Beach), Quissett Inner
Harbor, Eel Pond (Woods Hole), Great Harbor (Woods Hole), Little Harbor, Falmouth
Inner Harbor, Green Pond and Megansett Inner Harbor, except in areas specifically
designated and marked by the Harbor Master.
B.
There shall be no diving from any public wharves, piers,
bridges or from any bulkhead abutting any waterways of town.
A.
Divers using fins and/or masks and/or snorkel tubes,
or self-contained underwater breathing devices, except within designated areas,
shall:
(1)
While diving display a rigid replica of the international
code flag "A" not less than one (1) meter in height. Measures shall be taken
to ensure its all-around visibility.
[Amended ATM 4-4-1984, Art. 45]
(2)
Display such flag prominently on a float or other similar
device which shall hold such flag upright and shall extend vertically a minimum
distance of three (3) feet from the surface of the water so as to be visible
to passing boats.
(3)
Stay within one hundred (100) feet of the aforementioned
flag or move the flag on said float or device with him while he is submerged
and return to the surface within one hundred (100) feet of said flag.
B.
No diver shall operate in properly marked or customary
boat channels unless, for special purposes, permission is granted in advance
by the Harbor Master. The diver shall have the responsibility to inquire of
the Harbor Master about the location of customary boat channels if he is in
doubt about the situation.
C.
Divers operating at night shall be equipped with and
use appropriate underwater lights, in addition to displaying the aforementioned
diver's flag.
D.
On approaching a diver's flag, all boats must proceed
with caution and shall remain outside a one-hundred-foot radius from said
diver's flag.
E.
Diving in Falmouth Inner Harbor will be permitted only
for the purpose of maintenance of boats, moorings, floats, piers, ground tackle,
channel markers, rescue and research operations.
A.
The usage of town launching ramps shall be controlled
from time to time by rules established by the Waterways Committee and posted.
These rules may include control of temporary parking of boat trailers and
motor vehicles at or near the approach to each ramp.
B.
Persons using town ramps for hauling of larger boats
requiring cradles shall do so only with permission in advance in writing from
the Harbor Master. Cradles and/or boats shall not remain on the town ramps
for more than twelve (12) hours.
The dumping or discharge of oil, raw sewage, dead fish, garbage, waste,
rubbish or debris of any kind anywhere so as to pollute the waters, shores
or beaches of the town is prohibited.
A.
Waterskiing is prohibited on all waterways of the town
except outside of navigation channels and swimming and mooring areas on the
western side of Waquoit Bay and outside of swimming and mooring areas on Vineyard
and Nantucket Sounds or Buzzards Bay. Waterskiers and boats towing them shall
not operate in or across navigation channels at any time.
B.
Waterskiing as hereinbefore permitted is subject to the
provisions of the General Laws of the Commonwealth of Massachusetts and the
further restriction that there shall be no waterskiing within one hundred
fifty (150) feet of bathers, divers, piers, wharves, floats, other boats or
of any shore. "Waterskiing" shall include motor-propelled surfboards and waterbikes
and the towing or manipulation of a surfboard or similar device behind a motorboat.
Waterskiing in approved areas shall only be done during the daylight hours.
C.
Sail-propelled surfboards may navigate along regular
channels of navigation to reach and return from open waters where they are
permitted to operate but shall not interfere with the operation of other vessels.
D.
The use of jet ski watercraft, surf jet watercraft, wet
bike watercraft and other so-called personal watercraft which are motor boats
is prohibited on Ashumet Pond.
[Added ATM 4-5-1989, Art. 22]
The placement of outhauls, temporary floats and/or rafts held by anchors
or bottom moorings shall be subject to written approval of the Harbor Master.
All such outhauls, floats or rafts will be identified with registration numbers
assigned by the Harbor Master. Numbers assigned shall be permanently affixed
to the land and seaward side of the float or raft in contrasting color and
shall be a minimum of three (3) inches in size.
No vessel, while said vessel is used as a residence, unless equipped
with legally approved waste and sewage treatment equipment or holding tanks,
may remain overnight or be used as a residence in any Falmouth harbor. This
shall not prevent any vessel from seeking a haven from a storm in such harbors
during the period immediately before, during and after such storm, but such
vessels shall not make any discharge of waste, garbage or other pollution
into said harbors during said stay and shall move on as soon as weather permits.
All fish cars in navigable waters of the town shall be subject to the
approval of the Harbor Master and shall be plainly marked according to law
so that they shall be visible at all times. Stakes shall not be driven to
be used for mooring any vessel or boat, or for tying up any fish car, unless
in the judgment of the Harbor Master their use will not be an obstruction.
The Harbor Master may terminate any permission previously granted where, in
his judgment, such termination is appropriate.
Within the outermost end of entrance jetties and throughout the entire
inner harbors, rivers, bays and ponds of the waterways of the town, with the
exception of designated areas for waterskiing, vessels shall be operated at
the speed at which they can maintain steerage way and create minimum wake,
and in no case shall they be operated at more than posted speed limits. This
rule shall not apply to vessels engaged in emergency operations.
A.
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 limit or conflict with the laws and regulations
of the Commonwealth of Massachusetts, expect that in case of concurrent laws
or regulations in any case, it shall be intended that the stricter, more restrictive
rules or regulations shall apply.
B.
The Harbormaster and Assistant Harbormaster shall, at
all times, and under all circumstances in the exercise of their authority,
recognize and observe MGL C. 91, § 10A, and 33 U.S.C. § 403
(Rivers and Harbors Act 1899).
[Added ASTM 4-7-1992, Art. 64]
A.
Whoever violates any of the provisions of this chapter or refuses 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 fined not less than fifty dollars ($50.) for the first violation and not more than two hundred dollars ($200.) for each violation thereafter within the same calendar year. For penalty, see Chapter 1, General Provisions, Article I, Penalties.
B.
Where a vessel is or has been operated in violation of
any provision of this chapter and the owner, operator or other responsible
person cannot be found within a twenty-four-hour period, or where it appears
that the vessel and the person in violation will depart from the town in order
to avoid the enforcement of the penalties of this chapter, the Harbor Master
may seize and hold said vessel as security and may move it to a safe place
of storage (including dry land storage) until the violation has been disposed
of administratively or judicially, and, if a violation has been found, the
cost of seizing and holding said vessel shall be assessed against the vessel,
and the vessel shall be sold at auction to pay such penalties and costs if
not otherwise paid. If said auction produces surplus proceeds after payment
of penalties and costs, said surplus shall be held in a separate account and
be paid over to the owner of the vessel upon proof of such ownership. If no
one appears to claim such funds within one (1) year, they shall be forfeited
and be paid into the treasury of the town.
All complaints concerning the use of moorings and movements of vessels
on the waterways of the town shall be submitted in writing to the Chief Harbor
Master for his action. All complaints concerning waterways facilities, wharves,
docks, ramps, dredging and related matters shall be submitted in writing to
the Waterways Committee. Neither the Harbor Master nor the Waterways Committee
shall be required to hold a hearing or take action on any matter not first
submitted in writing.
These rules and regulations shall be enforced by the Harbor Master.
