As used in this chapter, the following terms
shall have the meanings indicated:
BOAT/VESSEL
Any water craft, used or capable of being used as a means
of transportation.
COMMERCIAL MOORING/RENTAL
Any mooring that does not meet the definition of a private
mooring or a mooring that may be used to generate revenue.
COMMERCIAL MOORING/SERVICE
Issued to vessels which are primarily operated commercially
or for servicing, repairing or holding for delivery those vessels
which have been serviced.
HARBOR MASTER
The Harbor Master appointed by the Town Administrator and
duly empowered by the General Laws of the Commonwealth of Massachusetts.
MOORING
An anchor system consisting of an anchor, chain, buoy and
pennant by which a boat is secured to the bottom in a location assigned
by the Harbor Master under the mooring permit process.
MOORING YEAR
January 1 through December 31. This is the period for which
the mooring is assigned.
OUTHAULS
An anchor set offshore of a beach or seawall and used to
haul and/or moor a small boat seaward of the mean high water line.
PRIVATE MOORING
Any mooring registered by the Town of Falmouth to an individual.
Adequate documentation must be presented to the Harbor Master to ensure
true ownership of the vessel. The only vessel allowed on that mooring
shall be the one registered to that mooring, with the following exceptions:
A. A mooring holder may loan his/her mooring, at any
time, for no more than 48 hours.
B. If a vessel, other than that which has been assigned
to the mooring, is to use that mooring for a period of time not to
exceed seven days, the Harbor Master must be notified by the mooring
permit holder as to what vessel will be using the mooring.
C. If, for any reason, a mooring permit holder does not
wish to use his/her paid-for mooring for a season and is willing,
the Harbor Master can temporarily assign that mooring to the first
appropriately sized vessel on the waiting list. There will be a separate
fee charged to the vessel coming off the waiting list. The temporarily
assigned vessel will return to its original position on the waiting
list after the season, if not otherwise assigned.
QUALIFIED INSPECTOR
Any person approved as an inspector of tackle and moorings
by the Harbor Master.
YACHT CLUB FLEET MOORINGS
(2)
Location: must be in the same harbor as the
Yacht Club.
(3)
Functions: provide mooring for privately owned
sailboats that qualify as a part of the racing class of that year's
yacht club racing program.
(4)
Transfers: A private mooring (See definition
of "private mooring.") may be transferred to the Yacht Club itself,
provided that the boat the Yacht Club assigns to the mooring meets
the requirements outlined in Subsection C above. No yacht club shall
own more than five such transferred mooring permits at any one time.
YACHT CLUB SUPPORT MOORING
(2)
Provide mooring for yacht club owned and maintained
vessels that provide normal yacht club services, such as launch service,
sailing programs, swimming floats and on-the-water maintenance of
club facilities.
(3)
Provide mooring for privately owned sailboats
that qualify as a part of the racing class of that year's yacht club's
racing program.
The Harbor Master shall post two waiting lists
in his office for each harbor in the Town of Falmouth. The first,
known as the "waiting list," is for your original application for
a mooring in that specific harbor, and the second, known as a "relocation
list," is for a current mooring holder who wishes a different location
within the harbor in which he is located. The Harbor Master will fill
all vacancies from the relocation list first, then go to the waiting
list.
A. The waiting list.
(1) This list shall show the name of the applicant, date
the application is received and the size of the boat for which mooring
space is requested.
(2) Each applicant may be on no more that two waiting
lists at one time.
(3) For each list you wish to be on, a one-time, nonrefundable fee, equal to the appropriate mooring fee for the boat listed in Subsection
A(2) (above) will accompany the application.
(4) When the applicant is notified the Town has a mooring
space available and the applicant accepts the space, this fee will
be applied to the first year's fee payment and will not be prorated.
(5) The person at the top of the waiting list shall have
priority to obtain the next available location but may waive the right
to the next available location without loosing his/her place at the
top of the list. In the event of the waiver, the next person on the
list shall be offered the location etc. Notice to the person entitled
to the next available mooring shall be in writing.
(6) Wait list applicants shall be required to annually
renew their wait list request in writing to the Harbor Master in order
to remain on the wait list. An annual renewal fee of $10 shall accompany
the renewal request. The renewal time period shall be January 1 to
March 15 annually. Renewal requests received after March 15 shall
be placed at the bottom of the wait list. No renewal reminders will
be issued by the Town.
[Added 4-22-2002]
B. The relocation list.
(1) This list shall show the name of the applicant, date
the application is received, the size of the boat for which mooring
space is requested and the reason for the request.
(2) Applications are for the same harbor only.
(3) No deposit is required to be on this list.
Any registered owner shall be deemed to have
forfeited his or her registered mooring space by reason of any one
of the following:
A. Removal of the tackle by the registered owner and
notification to the Harbor Master that the space is available.
B. Failure to complete reregistration by May 1 of any
season.
C. Failure to replace, within 14 days, any piece of mooring tackle not in compliance with the mooring tackle standards set forth in §
269-5 of these regulations.
D. Any mooring may be inspected and its owner may be
ordered, by the Harbor Master, to remove or relocate it whenever,
in the judgment of the Harbor Master, the safety of other vessels
or the optimum use of the area requires such action. The expenses
of such removal or relocation shall be the responsibility of the owner.
Except in emergency situations, an owner shall have 14 days to relocate
or remove a mooring when so ordered by the Harbor Master.
E. Failure to pay the annual mooring fee and excise tax
when applicable.
F. Failure to comply with any of the requirements of
this chapter.
G. Unauthorized changing of mooring location. (See placement.)
H. Rental of a private mooring. (See definitions.)
I. Current mooring is considered illegal. (See registrations.)
J. All persons shall be notified by certified mail when
they have forfeited their mooring spaces. After notification of forfeiture,
the owner of the tackle shall remove same. If, after 14 days, the
tackle has not been removed, the Harbor Master shall have said tackle
removed at the owner's expense.
Any registered mooring holder who abandons or
forfeits a mooring space is responsible for removing and disposing
of the tackle. Failure of the registered holder to remove such tackle
shall constitute abandonment thereof, and such tackle may be ordered
removed by the Harbor Master at the expense of the registered mooring
holder.
The moving of any tackle to an assigned space
shall be at the applicant's expense, and tackle may not be moved from
any registered mooring space without the prior written approval of
the Harbor Master. Any registered mooring holder desiring to move
any tackle shall make application to the Harbor Master, who shall
determine whether such application shall be approved or rejected.
Each mooring in all Falmouth harbors will be
assigned a number by the Harbor Master. This number shall be displayed
in black, three-inch high letters on each mooring buoy, pick up buoy
and winter stick.
Any person aggrieved by a decision of the Harbor
Master may file an appeal in accordance with the MGL c. 91, § 10(A).
Each permitted mooring shall have attached,
above the water line and visible at all times, an annual mooring tag
issued by the Harbor Master. Again, it shall be the responsibility
of the mooring owner to ensure compliance with this section.
When the owner of a vessel for which a mooring permit has been issued transfers the ownership of the vessel to another person, the mooring permit is not transferable to such person unless he or she is a member of the immediate family of the transferee. [See §
269-2A(4).]
A mooring holder may assign a new boat to his/her
mooring, provided that the Harbor Master considers the mooring location
and the tackle suitable for the replacement vessel. All change of
vessel requests shall be made in writing to the Harbor Master's office.
Unless otherwise specifically provided herein,
these regulations and rules shall be enforced by the Harbor Master
according to the Massachusetts General Laws.
Certain provisions of these Town-wide mooring
regulations may be waived by the Harbor Master for any harbor which
has a Selectmen-approved harbor management plan in effect.