These rules and regulations shall be applicable to and enforced at all Town-owned and/or -operated marine facilities, including but not limited to marinas, wharfs, bulkheads, slips and mooring areas except as may be noted hereinafter.
Applications for slips and berths shall be made to the Waterways Committee, or its designees, at the Town Office Building, Route 28 bypass, South Yarmouth, Massachusetts 02664. Applications for mooring areas shall be made to the Harbormaster, or his designees, at the Town Office Building or at such other places as the Harbormaster may designate.
A. 
Whenever space has been allotted to a vessel by the Waterways Committee, or its designees, and the fees are paid as required, no other vessel shall be permitted to occupy this space except while such vessel is away on a cruise. The owner or operator shall advise the Wharfinger, or an Assistant Wharfinger, when leaving for a cruise of one day or more. The Wharfinger may rerent the space for a temporary period during the absence of the craft regularly occupying the space. No credit for such temporary use of space will be granted the craft regularly occupying the space.
B. 
Whenever space has been allotted to a vessel by the Waterways Committee, or its designees, the owner of such vessel, or lessee of such space, shall not sublease, rent or permit the use of such space by any other vessel without the written approval of the Waterways Committee. If approval should be granted for the use of the allotted space by more than one vessel, a daily transient fee or seasonal surcharge shall be made for each additional vessel using the space. The surcharge shall be a percentage of the seasonal rent of such space as determined by the Waterways Committee.
C. 
Should a vessel owner make application in writing for dockage space and there should be no space available, it shall be the duty of the Waterways Committee to so advise the applicant, take the name of applicant and the vessel and hold the same on a waiting list.
Houseboats, meaning a boat designed primarily for human habitation or which may be used as a home and which is not self-propelled, will not be permitted to moor or tie up at any Town-owned wharf, berthing area or mooring.
All boats and vessels using Town marine facilities shall observe all health and sanitary regulations of the Town, and the owners or operators of such boats or vessels shall not permit acts contrary to public health nor permit profanity, obscene language or indecent exposure, unnecessary noise, loud talking or playing of musical instruments between the hours of 11:00 p.m. and 8:00 a.m. No person upon such boats or vessels shall be permitted to throw or dump garbage, paper, refuse or debris into the water.
No vessel or watercraft of any kind whatsoever which is of unsightly appearance or in badly deteriorated condition or which is likely to damage private or public property or which might become a menace to navigation shall be permitted to moor or tie up at any of the Town's marine facilities. The Wharfinger and the Waterways Committee with the Harbormaster jointly shall determine whether any such watercraft is of unsightly appearance or in a badly deteriorated condition and, if found so to be, shall take proper steps for removal of the same.
Advertising signs will be permitted at any Town-owned and/or -operated marina facility only by tour, charter boats and so-called "head boats." Such signs shall not be over 18 inches by 36 inches in size and shall be displayed only on the boat itself.
No owner or operator of any person having control of any boat or vessel tied or moored in a Town-owned and/or -operated marine facility will permit the operation of any motor on such boat or vessel for the purpose of charging batteries between the hours of 8:00 p.m. and 8:30 a.m. of the next day. No operator shall cause excessive noise in the operation of his boat or in operating blowers or noisy machinery.
Repairing (other than emergency repairs of a minor nature), overhauling or remodeling of any watercraft docked or moored at a Town-owned and/or -operated marine facility will not be permitted.
No vessel or watercraft of any kind whatsoever, without permission of the Wharfinger, shall tie up or remain at a designated loading and unloading area while not actually in the act of loading or unloading passengers or cargo unless a person capable of operating the vessel or watercraft is aboard. Maximum use of the loading and unloading facilities is limited to one hour, except that the Wharfinger may grant an extension of this time upon request. Vessels or watercraft of any kind violating this rule shall be removed without notice to the owner or operator and at the owner's expense and risk.
All persons injuring or damaging Town-owned and/or -operated marine facilities and properties, or all persons liable therefor, shall immediately reimburse the Town in an amount equal to the cost of repairing such damage as determined by the Waterways Committee.
No vessel or watercraft of any kind whatsoever, moored or docked at any Town-owned and/or -operated marine facility, shall be used as a place from which business or professional services are conducted. This shall not apply to tour, charter or so-called "head boats." Tour, charter or head boat shall be defined for the purpose of these regulations as a watercraft holding itself out to the public for rent or charter for a specified fee per person or a charter price, regardless of the number of persons, with a captain on board at all times during such charter. Such boat shall be available to the public in general upon payment of the specified fee, must so equip itself to be suitable for the purpose for which chartered and must be primarily used for charter or rent. The number of tour, charter or head boats permitted at any one Town-owned and/or -operated marine facility shall be determined by the Waterways Committee.
No laundry shall be hung on the outside of any boat docked or moored at a Town-owned and/or -operated marine facility.
At certain times, rafting will be permitted between other boats and to other boats. All precautions to prevent damage will be the responsibility of the occupants involved. It will be within the powers of the Wharfinger to determine when and where rafting will take place at a marine facility owned and/or operated by the Town. A transient fee may be charged.
All private water connections to dock facilities shall have automatic shutoffs at each connection.
Violations of the foregoing rules and regulations, disorder, depredations or indecorous conduct by any person using or upon the premises of Town-owned and/or -operated marine facilities shall be cause for immediate removal from the Town-owned and/or -operated marine facility of the boat, vessel or person in violation, and the boat or vessel owner or person shall be subject to the penalties in Chapter 102 of the General Laws of Massachusetts.
These rules and regulations shall be strictly enforced by the Waterways Committee, the Harbormaster or their designees. Such changes and/or amendments as may be required in these rules and regulations may be made from time to time by the Waterways Committee with the approval of the Board of Selectmen.