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Town of Marion, MA
Plymouth County
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[HISTORY: Adopted by the Town Meeting of the Town of Marion as Art. XII of the Bylaws; amended 4-28-2003 ATM by Art. 20. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Noncriminal disposition of marine violations — See Ch. 1, Art. II, § 1-6.
A. 
This bylaw applies to all persons, vessels, objects or structures on or using the water of the Town of Marion, including all saltwater harbors.
B. 
The Harbormaster is authorized to prescribe regulations to carry out this bylaw.
C. 
Before prescribing any regulations under this bylaw, the Harbormaster shall present said regulations to the Marion Resource Commission, which shall hold a public hearing on the proposed regulations.
D. 
Failure of the Harbormaster to prescribe regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this bylaw.
The following words, for the purposes of this bylaw, shall, unless another meaning is clearly apparent for the way in which the word is used, have the following meanings:
HEADWAY SPEED
The slowest speed at which a personal watercraft may be operated and maintain steerageway. To be considered operating at headway speed under this bylaw, the operator shall be either kneeling or sitting.
PERSONAL WATERCRAFT
A vessel propelled by a water jet pump or other machinery as its primary source of propulsion that is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than being operated in the conventional manner by a person sitting or standing inside the vessel.
SAFETY ZONE
An area established by the Harbormaster during a marine event, emergency, or other situation, restricting access.
VESSEL
Every description of a watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on the water.
WATER SKIING
The towing or manipulating of a surfboard or other similar device behind any vessel.
A. 
Speed limit and "no wake" areas.
(1) 
In areas posted "No wake," vessels shall not exceed five miles per hour and shall make no wake.
(2) 
Vessels shall make no wake within 150 feet of bathers, divers, piers, docks, floats, small boats propelled by means other than machinery, vessels not underway, or the shore.
(3) 
The number and location of five-mile-per-hour and/or "no wake" areas may be changed at the discretion of the Harbormaster, provided that such action is approved by the Board of Selectmen and that a two-week period for public comment is allowed prior to any change(s).
B. 
The following areas are posted "no wake" from April 15 to October 15:
(1) 
Marion Inner Harbor (Sippican Harbor), which includes all water north of a line drawn from the United States Coast Guard Green Buoy #7 to the southern tip of Ram Island.
(2) 
Blankenship and Planting Island Coves and adjoining waters, including all waters north and east of a line drawn from the northern tip of Planting Island to the southernmost point of Ram Island.
(3) 
Wing's Cove, from the outer end of Piney Point dock to the southern tip of Clapps Island to the southern tip of Great Hill.
(4) 
Weweantic River, from Bass Point Road due east to the Town boundary.
C. 
Safety zone. There shall be no swimming, anchoring, water skiing, use of sailboards or scuba diving or unauthorized marine traffic in a designated safety zone.
A. 
Without the express permission of the Harbormaster and Assistant Harbormaster, or a wharfinger, no vessel may remain tied up to a Town-owned float for longer than 20 minutes.
B. 
Mobile gasoline fueling is not permitted on Town-owned floats or piers.
C. 
Mobile commercial diesel fueling may be permitted with the express permission of the Harbormaster, provided the vendor/vendors hold a current Coast Guard-approved Operations Manual and Response Plan under 33 CFR 154, Subchapter F, and meet all federal, state, and local requirements as they pertain to fueling of marine vessels. The Harbormaster may require the vendor/vendors to provide a copy of the USCG-approved Operations Manual and Response Plan. In the event of any alterations or revisions to either the Operations Manual or Response Plan, the Harbormaster shall be notified prior to any fueling operations.
D. 
Mobile commercial diesel fueling is restricted to the North Wharf of Old Landing, Monday through Friday, 8:00 a.m. to 4:00 p.m.
E. 
The vendor/vendors must notify the Harbormaster at least 24 hours prior to any fueling operation.
Water skiing is prohibited in the areas posted "no wake," in marked channels, and within 150 feet of bathers, divers, piers, floats, docks, other boats or the shore.
Any person aboard a canoe or kayak shall wear a Coast-Guard-approved personal flotation device of Type I, II, or III from January 1 to May 15 and September 14 to December 31, except persons aboard vessels excluded by MGL c. 90B, § 5A.
A. 
The purpose and scope of this section is to promote safety by establishing rules of conduct governing the operation of personal watercraft. The Town of Marion intends to improve, through this bylaw, the safe and appropriate use of personal watercraft.
B. 
No person shall operate a personal watercraft except in a safe and prudent manner, having due regard for other waterborne traffic, the posted speed and wake restrictions, and all other attendant circumstances, so as not to endanger the life, limb, or property of any person.
C. 
No person shall operate a personal watercraft if such person is:
(1) 
Under the age of 16; or
(2) 
Sixteen years or 17 years of age without first having received a safety certificate evidencing satisfactory completion of a training course in the safe operation conducted by the United States Power Squadron, the Division of Law Enforcement, or other such entity approved in writing by the Director of the Division of Law Enforcement.
D. 
No person shall operate a personal watercraft in a negligent manner. The following, without limitation, constitute negligent operation:
(1) 
Unreasonable jumping or attempting to jump the wake of another vessel;
(2) 
Following within 150 feet of a water skier;
(3) 
Speeding in restricted areas;
(4) 
Weaving through congested vessel traffic;
(5) 
Crossing unreasonably close to another vessel; or
(6) 
Operating a personal watercraft in such a manner that it endangers the life, limb, or property of any person.
E. 
Except as otherwise provided in this bylaw, no person shall operate a personal watercraft:
(1) 
Within 150 feet of shore except at headway speed.
(2) 
Within 150 feet of a public bathing area.
(3) 
Between 150 feet and 300 feet of a public bathing area except at headway speed.
(4) 
Within 150 feet of a swimmer in the water.
F. 
Every person operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cut-off switch shall attach said lanyard to his person, clothing or personal flotation device, as is appropriate for the specific craft.
G. 
Any person riding on a personal watercraft shall wear a Coast-Guard-approved personal flotation device of Type I, II, or III.
A. 
The use of sailboards is prohibited in all marked channels and in restricted swimming areas.
B. 
If a sailboarder is required to pass a marked channel in order to gain access to another area, he shall do so as nearly as practicable at right angles to the traffic flow in the marked channel.
The discharge or disposal of petroleum products, dead fish or shellfish, fish frames, garbage, wastewater, rubbish or debris on the water, shores, or beaches is prohibited.
A. 
No vessel, mooring, or other object shall be abandoned, sunk, or placed where it may constitute a hazard to navigation.
B. 
Any vessel, mooring, or object constituting a hazard to navigation, any vessel or object improperly secured, swamped, sunk, washed ashore, or found in a restricted area may be removed or relocated at the direction of the Harbormaster or Assistant Harbormaster if corrective action is not taken after 72 hours' notice to the owner or, if the owner is unknown, after notice has been posted for the same period at the Town office or on or near such vessel, mooring, or object.
C. 
The expense of such removal or relocation and liability incurred therefor shall be the responsibility of the owner.
D. 
Nothing in the above subsections shall restrict earlier action by the Harbormaster or an Assistant Harbormaster, with or without notifying the owner, if, in their judgment, such action is necessary to protect life, limb, or property.
A. 
Unless, for special purposes, permission is granted in writing by the Harbormaster to otherwise protect divers, any person or persons skin diving or scuba diving shall adhere to the following requirements:
(1) 
Display a diver's flag consisting of red field with white diagonal stripe, of a size not less than 12 inches by 15 inches.
(2) 
Display a flag on a vessel or surface float or similar device, which holds the flag upright at a minimum distance of three feet above the surface of the water.
(3) 
Stay within 100 feet of the aforesaid float or vessel, or tow the float and flag with him while he is submerged and surface thereunder.
(4) 
Vessels restricted in their ability to maneuver because divers are attached to the vessel shall, in addition to the above requirements, display the day shape required by the Navigation Rules.
B. 
A vessel operating within sight of a diver's flag or the day shape required in the above subsection shall proceed with caution, and within a radius of 100 feet of such flag or day shape shall proceed at a speed not to exceed three miles per hour.
Unattended vessels shall not anchor in Marion Harbor other than the anchorage designated on the Harbor Anchorage Map, unless otherwise directed by the Harbormaster. Failure to comply with this section will result in the removal of the vessel at the owner's expense.
A. 
Vessel operators are responsible for their wake at all times, and shall not operate a vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person.
B. 
No person shall operate any vessel in a manner that violates MGL c. 90B, or any regulations adopted thereunder, or any other state or federal law that may apply.
C. 
Nothing in these regulations shall exonerate any vessel, or the owner, master, crew thereof, from the consequences of any neglect to comply with this bylaw or the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.
Nothing contained in this bylaw shall be held or constructed to supersede or conflict with or interfere with or limit the jurisdiction of the United States government with respect to the enforcement of the navigation, shipping, anchorage, or other associated federal laws, or with the regulations, or any laws, or regulations of the Commonwealth of Massachusetts.
A. 
Any person or entity who or which violates any section of this Chapter 118 shall be liable to the Town in the amount of $300, unless a lesser amount is provided for such violation under MGL c. 90B or any regulation adopted thereunder.
B. 
Fines shall be recovered by indictment or on complaint before the District Court or by noncriminal disposition in accordance with Chapter 1, Article II, § 1-6, of the Town Code and MGL c. 40, § 21D. The Harbormaster or his/her designee shall be the enforcing agent under this bylaw.
C. 
Each day of noncompliance following the issuance of a warning or citation pursuant to this section shall constitute a separate violation.