[HISTORY: Adopted by the Board of Selectmen of the Town of Marblehead
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Waterways — See Ch. 190.
[Adopted 8-6-1947]
[Added 7-12-1967; amended 5-23-1973]
A.
No person shall park a motor vehicle as defined in MGL
c. 90, as amended, on Philip T. Clark Public Landing for a period of time
longer than two hours between the hours of 6:00 a.m. and 10:00 p.m. of any
day without a permit issued by the Harbormaster or an Assistant Harbormaster.
B.
No person shall park a motor vehicle in any place on
Philip T. Clark Public Landing other than those parking spaces marked or signed
for angle parking, and such motor vehicle shall be parked with one wheel within
12 inches of the concrete bumper and at the angle to the concrete bumper indicated
by such marks or signs. Said motor vehicle shall be parked so that all wheels
of said motor vehicle shall be placed wholly within the painted lines provided.
[Added 7-12-1967; amended 5-23-1973]
Parking of motor vehicles on the pavement at Theodore P. O'Brien Landing
is prohibited.
[Added 7-28-1948]
[Adopted 6-24-1964; amended 7-12-1967; 5-23-1973]
In accordance with the provisions of MGL c. 88, § 19, as amended,
the following rules and regulations are hereby adopted for the common landing
places in the Town of Marblehead known as "Philip T. Clark Public Landing"
(State Street), "Theodore P. O'Brien Landing" (Commercial Street), "Richard
H. Rockett Landing" (Village Street) and "Graves Beach Landing" (Beacon Street).
A.
No person shall fasten or tie any boat to any part of
a common landing place without a permit issued by the Harbormaster or an Assistant
Harbormaster unless actually engaged in loading or unloading of passengers
and guests.
B.
No person shall fasten or tie any boat to any part of
a common landing place for a period of time longer than 30 minutes without
a permit issued by the Harbormaster or an Assistant Harbormaster.
C.
No person shall fasten or tie any boat to any part of
any common landing place for the purpose of loading or unloading passengers
for hire without a permit issued by the Harbormaster or an Assistant Harbormaster.
No person shall fasten or tie any boat to a numbered ring on any float
unless said ring has been assigned and a permit issued to said person.
A.
The Harbormaster or an Assistant Harbormaster shall assign
and issue permits for numbered rings situated on floats to resident owners
of boats not exceeding 12 feet in length.
B.
The Harbormaster or an Assistant Harbormaster shall provide
one guest ring at each landing for tenders of visitors and shall issue permits
for the use of said guest ring for a period of time not longer than three
days.
C.
Permits shall be issued for available rings to the persons
selected upon the payment of a seasonal fee of $150. Working commercial fishermen
shall have their ring fee abated to a rate of $40 upon approval of the Harbormaster,
payable to the Town of Marblehead.
[Amended 5-5-1998 ATM by Art. 32]
D.
All permits may be revoked for violation of any rule
or regulation governing the use of a common landing place and shall expire
on the first day of May next after the date of issuance and shall be nontransferable.
E.
Each permit shall be valid only for the boat described
in said permit, and permits may be amended for the purpose of changing the
description of a boat at the request of the permittee in accordance with these
rules and regulations.
F.
The Board of Selectmen reserves the right to determine
the manner and method by which owners may be assigned rings and issued permits.
No person shall place or allow to stand any bait container owned or
used by him on any landing without a permit issued by the Harbormaster or
an Assistant Harbormaster and only in such area as described in said permit.
A.
Each bait container for which a permit has been issued
shall bear the identification of the owner or user thereof.
B.
The permittee of each bait container shall remove all
bait from said bait container by 9:00 a.m. of the morning following the day
said bait is placed in a bait container.
C.
All bait containers shall be of watertight construction.
Leaky bait containers shall be removed forthwith.
No person shall place or store traps, fishing gear or other equipment
or any other thing of whatsoever nature on any part of any common landing
place without a permit issued by the Harbormaster or an Assistant Harbormaster
and only in such area and for such time as described and set forth in said
permit, except that such traps, fishing gear and other equipment may be placed
on a common landing place for the purpose of and while actually engaged in
being loaded and unloaded from boat to vehicle or vehicle to boat, provided
foot and vehicle traffic are not obstructed.
[Amended 2-25-1987]
No person shall deposit, discard, place or throw any bait, trash, garbage,
refuse, oil or hazardous material from or on any part of any common landing
place.
[Amended 5-5-1997 ATM by Art. 41]
Any person convicted of a violation of any of the aforementioned rules and regulations and of § 225-5 shall be punished by a fine of not more than $20. Violation of any provision of this Chapter 225 is also punishable by noncriminal disposition in the manner provided in MGL c. 40, § 21D. For the purpose of this section, the specific penalty shall be $20 for each offense, the enforcing person shall be the Harbormaster and Assistant Harbormasters, and each day on which the violation exists may be deemed to be a separate offense.[1]
