These rules and regulations are made by the Town Manager of the Town of Barnstable, under the authority of Chapter 32, Article II, § 32-7, of the Town of Barnstable Code. These regulations shall supersede any former marina regulations and shall continue in force until rescinded or replaced by the Town Manager, or until the authority to make and enforce marina regulations has been repealed. The Town Manager, using his or her discretion, may deviate from the regulations noted below if deemed to be in the best interest of the Town of Barnstable.
The following subsections are hereby made part
of these regulations and shall appear in every application for berth
executed by a boat owner:
A.
The intent of these regulations is to operate the
marinas of the Town in a manner which is fair and uniform to all slipholders,
including potential slipholders whose names appear on the wait list
for a slip. Any interpretation of these regulations by the Town, or
agents of the Town, shall be made with the basic premise that a slip
is to be used for the personal and sole use of the slipholder and
that the rental value of the slips themselves is an asset of the Town
that must not be diverted by private parties. Therefore, the slipholder
hereby agrees that any deviation from this premise by the slipholder
shall result in the termination of any slip rental agreement and further,
the Town may recover any amounts received by the slipholder from other
parties which are essentially in the nature of payment for the use
of the slip.
B.
The slipholder also understands and agrees that if
it is the opinion of the Town of Barnstable, or its agents, that there
may be a violation of any of the marina rules and regulations, or
their intent, it shall be at the option of the Town to require the
slipholder to provide any and all testimony or documentation which
may be necessary to prove to the satisfaction of the Town that they
are not in violation of the rules and regulations. Any slipholder
who does not respond and show evidence on his behalf within two weeks
of receipt of such request, or any slipholder who fails to meet to
the Town's satisfaction all marina regulations or their intent, shall
relinquish the rights to the slip and all fees shall be forfeited
to the Town.
C.
Furthermore, the slipholder hereby agrees that any
violations of these regulations shall constitute reason for the removal
of the vessel to a place away from the slip, such as a mooring, other
anchorage, or dry storage. The slipholder agrees to indemnify and
hold the Town, and its agents, harmless for any damage to his vessel
or for the cost of towage or storage in connection herewith.
All directives of the Harbormaster or his deputies must be complied with immediately and in full. Failure to comply with the directives and the above rules and regulations can be cause for the loss of the slip, its fees, and the removal of the vessel from the marina at the owner's expense. Furthermore, any violation of these rules and regulations shall be considered a violation of the provisions of Chapter 32, Article II, § 32-7, of the Code of the Town of Barnstable, and is punishable by a fine not to exceed $200 for each offense. Each day such offense continues constitutes a separate offense. Any boat owner shall have the right of appeal to which he/she feels aggrieved and said appeals process may continue through the office of the Town Manager and/or any other avenue available through due process of law.
A.
Individuals desiring to lease dock space at any Town-owned
marina must make application in writing to the Harbormaster's Department.
All vacancies occurring in dock space shall be filled from the established
waiting list. A waiting list for dock space has been established and
is maintained indefinitely. Applicants for dock space have been recorded
in chronological order, and the awarding of dock space shall follow
this order. In order for an applicant to maintain his/her status on
the list, he/she must notify the Harbormaster's office in writing
between January 1 and March 15 of each year of his/her desire to remain
on the list. A nonrefundable initiation fee of $15 for Town of Barnstable
residents and a fee of $25 for nonresidents must accompany the applicant's
request to be placed on the waiting list. An annual, nonrefundable
maintenance fee of $5 for residents, and a fee of $10 for nonresidents
must accompany the applicant's request to remain on the waiting list.
For the purpose of these regulations, a taxpaying real estate owner
shall be considered a resident as well. All fees collected on behalf
of the applicant shall be applied to the first year's dockage. Failure
to comply with the above will result in the removal of the applicant's
name from the list and all fees will be forfeited.
B.
Effective May 15, 1994, no additional applications
will be accepted for the waiting list. A moratorium shall be in effect
until the present waiting list has been diminished and all applicants
have either been awarded a dock or have been removed from the list
for failure to perform. From that time forth, the waiting list shall
be filled through a lottery system, open to all, and placement upon
the list shall be in the order by which the name of the applicant
was drawn. The Town, at its discretion, shall determine the number
of applicants to be placed upon the waiting list. All applicants,
upon their selection through the lottery system, shall be subject
to the fee system as above, and all other rules and regulations as
they pertain to this document. When an appropriate slip becomes available,
the Harbormaster will notify the applicant of the vacancy, and the
applicant shall have first right of refusal on leasing the slip. Should
the applicant not accept the offer of the slip, the applicant may
waive that slip but elect to remain on the top of the wait list for
the next available slip. The vacant slip shall then be offered to
the next eligible applicant until the vacancy is filled. It shall
be the responsibility of the applicant to notify the Harbormaster's
Office of any change in the address or phone number or any other significant
changes to the application.
