A.
The designated loading, off-loading zone is the only
area where transient vessels may off-load fish. All vessels must be
attended to while berthed at the loading zone and shall be made to
move if another vessel wishes to unload. All vessels are responsible
for the cleanliness of the designated zone and shall clean, sweep
and wash down before departure. No vessel may remain tied up to the
bulkhead in such a zone. Failure to abide by the above rules and regulations
shall result in the revocation of this privilege.
B.
Slipholders who are engaged in casual, recreational,
or limited commercial fishing may, at the discretion of the Harbormaster,
unload fish at their respective dock. All other commercial boats shall
be required to land their catch at the designated loading/unloading
zones.
Federal, state and Town statutes prohibit the
discharge of sewage, waste material, oil, fuel or refuse of any kind
or description into any river, pond, stream or tidal waters. Heavy
fines and/or imprisonment are the penalties for violation. Trash and/or
garbage shall be placed in a container provided by the Town. Oil,
oil filters or any other flammable substance may not be placed in
such containers and must be disposed of according to federal, state
and Town statutes.
Boat owners shall not place supplies, materials,
accessories or debris on any pier or walkway and shall not construct
or place thereon any lockers, chests, cabinets or containers without
written permission of the Harbormaster/Dockmaster. Boats having tenders
on davits, boarding ladders, bow and/or stem sprits, etc., shall be
secured in such a manner that none of these will be a hazard or block
free passage along any pier or walkway. Stairways, boarding ladders,
or gangways that provide access to boats and take up more than 1/2
the width of the pier cannot be left on the pier when the vessel is
not in the process of loading or unloading passengers or provisions.
All vessels shall be maintained in a safe and
seaworthy condition. Vessels' owners/captains are responsible for
proper lines, fenders, etc. Any vessel which is unsightly in appearance,
badly deteriorated, a menace to navigation On the opinion of the Harbormaster/Dockmaster)
or likely to damage property shall be removed by the owner at the
owner's expense upon request of the Harbormaster's Division. In the
event that the owner is unavailable, or available but refuses to act
upon such a request, the Town shall have the right to cause removal
at the owner's expense.
No vessel may have on board any dangerous devices,
equipment, or materials.
Noise shall be kept to a minimum at all times,
and any noise, loud talk or radio, musical instruments, prolonged
running of engines, auxiliary generators, and any other disturbing
noise after 8:00 p.m. is prohibited.
No part of the marina shall be used for the
conducting or solicitation of business of any kind except for the
necessary business of the boat, and its soliciting must be confined
to the immediate area of the berth assigned, by the written lease
agreement, to the boat. No business shall be conducted at a transient,
vacant, or unassigned slip. No booths, signs, or other advertising
material will be permitted without the written permission of the Harbormaster/Dockmaster,
who can control size, placement, etc., of such material. In any event,
there shall be no more than one sign permitted per slip (to be attached
to either the assigned berth or assigned vessel, but not both); such
sign shall not measure greater than two feet by two feet, and such
sign shall be professionally crafted and maintained. Slipholders should
understand that Bismore Park is within the Hyannis Waterfront Historic
District, and therefore, all signs are also subject to the regulations
of the District. Also, in accordance with Town ordinance,[1] any sign which is set in motion by movement including
pennants, banners or flags (except official flags of nations or administrative
or political subdivisions thereof) shall be expressly prohibited.
The following acts are prohibited by all persons
using dockage space, the facilities, or the premises at Bismore Park,
Barnstable Marina, Gateway Marina or The Marina at Prince Cove.
A.
Pumping out bilges containing oil or the pumping out
of toilets.
B.
Overhauling or remodeling of any watercraft unless
written permission is granted by the Harbormaster or an Assistant
Harbormaster.
C.
Hanging washing or clothing when tied up to berth.
D.
Fueling of gasoline.
E.
Running of engines in gear while tied up.
F.
Allowing dogs or pets on marina property unless restrained
by leash.
G.
Swimming in the bulkhead area.
H.
Hibachis, grills, or any open fire in the marina area.
The fueling of diesel-powered vessels shall
be permitted at designated areas only and shall be restricted to commercial
vessels. Owners declaring their vessel to be commercial in nature
shall, upon request, produce satisfactory evidence of the commercial
status.
The owner/captain/master shall hold harmless
the Town of Barnstable, its agents, or employees from any liability
or damage which may occur to the assigned vessels by virtue of the
interruption of services provided at Bismore Park Bulkhead, Gateway
Marina, Barnstable Marina or The Marina at Prince Cove areas.
Parking shall be in the designated boat-owners
parking area only.
Slips shall be occupied by the assigned vessel
by July 1. If slips are not occupied by said date, the owner shall
forfeit the assigned slip, and the slip will be awarded to the first
person on the waiting list. If for some reason this is impossible,
the owner shall notify the Harbormaster, in writing, explaining the
circumstances surrounding the situation. The Harbormaster may, using
his discretion, permit an extension of this date, but in no case shall
this extension be greater than one season.
The owner of a vessel agrees to have his/her
vessel covered by a full marine insurance package, including, but
not necessarily limited to, personal injury, fire, and property damage
indemnity and liability coverage naming the Town of Barnstable as
additional insured, and shall provide proof of same to the Town and
as noted on the application for berth form.
The owner of any vessel found causing or having
caused damage to any portion of a Town marina shall be responsible
for providing prompt payment to the Town of Barnstable for such repairs.
Failure to comply with the provisions of this section may result in
the termination of the slip agreement or use of the facility until
such time as the party responsible for the damage has arranged for
payment.
Transient use (defined as any vessel secured
at a Town marina for which no slip agreement or written contract exists)
by recreational vessels and/or noncommercial fishing vessels shall
be limited in duration to no more than one week. At the end of one
week, the transient vessel must depart the marina and may not return
to the marina until after one week of the departure date.
