[HISTORY: Sections 21-1 to 21-6 of the 1967
Code; amended in its entirety 5-6-1980 ATM by Art. 16. Subsequent
amendments noted where applicable.]
Marblehead Waters are the waters between the
shores of the Town and a line dividing the Town of Marblehead and
the Town of Swampscott, running from Phillips Beach at the end of
Seaview Avenue, as defined by the Harbor and Land Commissioners under
Chapter 196 of the Acts of 1881, across Great Pig Rocks to a point
southwesterly of the bell at Outer Breakers thence along a line northeasterly
to a point southwesterly of Halfway Rock; thence northwesterly to
Satan Rock thence in line to Mid Channel Rock off Eagle Island to
a point in the line dividing the Town of Marblehead and the City of
Salem, as defined by the Harbor and Land Commissioners under Chapter
196 of the Acts of 1881; said point being in the water space between
said Town and city, said point being also in a straight line drawn
from the mainland of said Town of Marblehead near Peaches Point to
Curtis Point in the City of Beverly, the distance between said point
and the mainland near Peaches Point; thence turning and running in
a general westerly, southwesterly, southerly and southwesterly direction
along the said line dividing the Town of Marblehead and the City of
Salem as defined by said Harbor and Land Commissioners to a point
at or near the mouth of the Forest River.
The words, terms and phrases hereinafter in
this section defined shall, whenever used in this By-Law, have the
meaning set forth in this section, unless the context requires a different
meaning.
A.
"Harbormaster" shall include Assistant Harbormasters
duly appointed by the Board of Selectmen.
B.
"Vessel" includes ships of all kinds, barges, sailing
vessels, watercraft and powerboats of any type or kind, by whatsoever
means propelled, every structure designed, adapted or capable of being
navigated, towed or operated on water from place to place for the
transportation of merchandise, people, or for any other purpose.
C.
"Person" means and includes an individual; a receiver;
a trustee; a co-partnership; joint venturers; a firm; an unincorporated
association; a syndicate; a trust; a corporation; or any entity.
D.
"Pier" means any structure built out into the water
for use as a landing place.
E.
"Wharf" means any structure generally parallel to
the shore for use as a landing place.
F.
"Float" means floating dock.
G.
"Mooring" means a semipermanent anchorage installation,
consisting of a heavy anchor or block, chain, a mooring buoy, and
pennant.
H.
"Pennant" means a line or chain by which a vessel
is made fast to a mooring buoy.
I.
"Mooring buoy" means a buoy marking a mooring.
J.
"Winter buoy spars" means a winter mooring marker.
[Amended 10-17-1983 STM by Art. 9]
K.
"Mooring permit" means written authority issued by
Harbormaster.
L.
"Wake" means the disturbed water that a vessel leaves
astern.
M.
"Aground" means stuck on the bottom.
N.
"Adrift" means without being fast to a stationary
object.
O.
"Moor" means to hold a vessel in place by cables or
chains as to a pier or buoy.
P.
"Anchor" means to hold a vessel in place by lowering
a heavy weight into the water by cable.
Q.
"Scuba" means self-contained underwater breathing
apparatus. A diving apparatus with compressed air tanks for breathing
underwater.
R.
"Snorkel" means a breathing tube extending above the
surface of the water, used in swimming just below the surface.
S.
"Surface supply" means the air supplied from surface
to a diver underwater.
T.
"Berth" means a position to tie up to or anchor.
U.
"Anchorage areas" means areas designated for anchoring.
V.
"Awash" means semi-submerged vessel or object.
[Amended 5-7-1984 ATM by Art. 43]
Under the supervision and control of the Harbors
and Waters Board, which is appointed by the Board of Selectmen, the
Harbormaster shall have the authority to enforce all lawful regulations
of this By-Law; to assign moorings to vessels within designated areas;
to assign berths or landing places to vessels coming alongside wharves,
floats or piers; to order any vessel improperly moored or anchored
to change its location, and, in case his orders are not complied with,
to cause such vessel to be so moved and to collect the cost thereof
from owner of said vessel.
A.
No vessel shall exceed the speed of five miles per
hour or cause a disturbing wake in anchorage areas.
B.
No person shall operate a vessel while towing water-skiers,
aquaplanes or other similar devices in anchorage areas except in connection
with water carnivals and exhibitions authorized by the Harbormaster.
C.
A vessel which is: in a deteriorated and unseaworthy
condition, or sunken or likely to sink, or aground, or adrift and
likely to damage piers, wharves, floats or other vessels or to constitute
a menace to navigation, or secured to a mooring without proper authorization,
or awash, is hereby declared to be a public nuisance and shall be
considered a stray vessel.
D.
All stray vessels shall be delivered to the possession
of the Harbormaster until claimed by the proper owner or disposed
of according to law (as under Chapter 91, page 41).[1] If the proper owner claims such property prior to disposition
thereof, he shall pay all expenses incurred in connection therewith
including charges for raising and storing same.
[1]
Editor's Note: See MGL c. 91, Waterways.
E.
Removal of any stray vessel by the Harbormaster shall
be without liability to the Town of Marblehead, its officers, agents
or employees.
F.
Any person scuba, snorkle or surface supply diving
shall:
(1)
Display a divers flag consisting of a red field and
a white diagonal stripe of sufficient size not less than 12 inches
square.
(2)
Display said flag on a float or other similar device
holding said flag upright at a height sufficient to be visible to
passing boaters.
(3)
Tow the aforesaid float and flag with him while he
is submerged underwater and surface thereunder, unless for commercial
purposes permission in writing is granted by the Harbormaster to otherwise
display flags or warning devices.
(4)
Remove said flag and float upon completion of dive.
G.
No person shall place or maintain a lobster pot or
buoy attached thereto within 75 feet of a float located within Marblehead
Waters.
A.
No person shall moor, anchor or set any mooring, vessel
or float within the limits of Marblehead Waters, except those areas
which are not considered by the Harbormaster to be common anchorage
areas, without first obtaining a mooring permit from the Harbormaster.
[Amended 5-2-1988 STM by Art. 11]
B.
No mooring permit shall be issued until the applicant
files an application with the Harbormaster setting forth applicant's
name and address, business and home telephone numbers, length and
type of vessel to be attached thereto, and such further information
as is necessary to enable the Harbormaster to pass upon the adequacy
of the mooring and gear to be used by the applicant. Upon receipt
of the application and any inspection of the mooring and gear as the
Harbormaster may require, a mooring permit shall be issued designating
the mooring location if in the opinion of the Harbormaster said mooring
and gear is sufficient to moor the vessel described in the application
and there is available space within Marblehead Waters to moor said
vessel without endangering other vessels.
C.
The Harbormaster shall collect from the applicant a mooring permit
fee of $10.00 per foot for Marblehead Harbor, Little Harbor, and Dolibers
Cove. All other locations in Marblehead anchorage shall be assessed
$9.00 per foot. Working commercial fishermen shall have their permit
fee abated to a rate of $4.25 per foot upon approval of the Harbormaster.
Such fee shall be assessed on a per-foot basis, measured from the
stem in a straight line aft to the stem of the vessel. Booms, boomkins
or pulpits are exempt from the measurement. The minimum mooring permit
fee shall be $10. The mooring permit fee for a float shall also be
assessed on $6.50 per lineal foot basis of the overall length. Said
fee shall be collected before a mooring permit is issued. All fees
collected by the Harbormaster shall be paid to the Town of Marblehead.
All permits shall expire on the first day of February following the
year of issue.
[Amended 5-2-1983 ATM by Art. 62; 5-5-1987
ATM by Art. 55; 5-7-1990 ATM by Art. 10; 7-30-1990 STM by Arts. 6
and 7; 5-5-1998 ATM by Art. 31; 5-5-2014 ATM by Art. 25; 5-7-2018 ATM by Art. 29; 5-2-2022 ATM by Art. 34]
D.
No mooring permits shall be transferable and no person
shall cause any vessel to be attached to said mooring unless said
vessel is described in the aforesaid application; provided, however,
the Harbormaster may permit the temporary use of a mooring by another
vessel.
E.
The holder of a mooring permit shall cause his mooring
identification number to be painted or attached to the mooring buoy
of said mooring. Any mooring not properly marked may be removed by
the Harbormaster.
F.
Winter buoy spars shall be upright and clearly numbered
at all times. They shall be removed prior to the 15th day of May and
not set until the 15th day of September of each calendar year. The
top part of all winter buoy spars and mooring buoys shall be painted
white or other light color so as to be easily visible at any tide
level. Any winter buoy spars not removed by the 15th day of May may
be considered abandoned and may be removed by the Harbormaster.
[Amended 10-17-1983 STM by Art 9; 5-7-1984
ATM by Art. 42]
G.
The Harbormaster shall periodically inspect mooring
and gear, including pennants and buoys, and if found defective shall
notify the holder in writing. Said holder shall correct said defective
condition within a reasonable time. The Harbormaster shall order holders
to have said mooring lifted at holder's expense once each three years
for visual examination to determine its condition. In lieu of lifting
moorings, replacements may be made, or at holder's expense, the Harbormaster
may permit an underwater visual inspection by an independent diver
who shall report the mooring condition to the Harbormaster.
H.
The Harbormaster shall keep a detailed description
of all moorings, their location, holder's name and address, business
and home telephone numbers, date mooring was set, and the name, length
and type of vessel to be attached thereto.
I.
Improper use of a mooring permit, failure to remedy
any defective condition, setting a mooring without a permit, or any
other violation of any provision of this By-Law shall cause cancellation
of the mooring permit, where applicable, and shall be liable to a
penalty not exceeding $300 for each offense.
[Amended 5-2-1988 STM by Art. 10]
(1)
Any such violation is also punishable by a noncriminal
disposition in the manner provided in Chapter 40, Section 21D of the
General Laws. For the purpose of such noncriminal disposition under
this section, the enforcing persons shall be the Harbormaster and
Assistant Harbormasters, and the specific penalty for each such violation
shall be as follows:
[Added 5-5-1997 ATM by Art. 41]
(2)
Each day that such violation is permitted to exist
shall constitute a separate offense. A mooring set in violation of
this By-Law may be removed by the Harbormaster at the expense of the
person so setting the mooring. Said expense shall not exceed the penalty
herein provided, and may be recovered in contract by the Town in accordance
with the provisions of Chapter 40, Section 31, of the General Laws.
The Harbormaster shall give a fifteen-day notice in writing to the
holder of such cancellation. The mailing of a notice to the holder
at the address designated on his application shall be deemed to be
sufficient notice of cancellation. Upon the cancellation of said mooring
permit, it shall be the duty of the holder of said mooring permit
to immediately remove said mooring and gear. If he should fail to
remove same within 30 days, said mooring and gear shall become the
property of the Town of Marblehead.
If any provision of this By-Law is held invalid
or inoperative, the remainder shall continue in full force and effect
as though such invalid or inoperative provisions had not been made.
[Added 5-1-2000 ATM by Art. 42]
A.
No person shall deposit, place, discard, store, leave
or abandon, or cause or permit to be deposited, placed, discarded,
stored, left or abandoned, any vessel, or part thereof, boat trailer,
cradle, jack stand or other property, on any property of the Town
under the jurisdiction of the Harbors and Waters Board, without the
express written authorization of the Harbormaster.
B.
Within 10 days after notification by the Harbormaster
or his designee of a violation of this By-Law the owner or custodian
of such property or other violator shall remove it from such Town
property, failing which the Harbormaster may so remove such property
at the expense of such owner, custodian or other violator.
C.
Any violation of this By-Law shall be punishable by
a fine of $300 for each offense.
