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TOWN OF WINTHROP
WATERWAYS RULES AND REGULATIONS
SECTION 1: PURPOSE
THE PURPOSE OF THESE RULES AND
REGULATIONS IS TO STANDARDIZE MOORING PRACTICES SO AS TO FULLY UTILIZE THE
LIMITED AREA IN WINTHROP WATERS, WHILE IMPLEMENTING UNIFORM SAFETY PRACTICES.
ALSO, TO PROVIDE ADEQUATE SPACE FOR ALL TYPES OF RECREATIONAL USAGE.
SECI'ION 2: DEFINITIONS
A. "HARBORMASTER "
SHALL MEAN THE HARBORMASTER APPOINTED BY THE WINTHROP BOARD OF SELECTMEN.
B. "WINI'HROP
WATERS" SHALL MEAN ALL WATERS WITHIN THE BOUNDARIES OF THE TOWN OF
WINTHROP.
C. "MOORING AREAS" SHALL
MEAN THOSE PORTIONS OF WINTHROP WATERS WHICH SHALL BE DESIGNATED AS SUCH BY
THE WINTHROP BOARD OF SELECTMEN AND/OR HARBORMASTER.
D. "VESSEL " SHALL
INCLUDE EVERY DESCRIPTION OF WATERCRAFT , INCLUDING NON-DISPLACEMENT CRAFT
AND SEAPLANES, USED OR CAPABLE OF BEING USED AS A MEANS OF TRANSPORTATION ON
WATER.
E. "OWNER" SHALL
MEAN THE PERSON LISTED AS OWNER ON THE CERTIFICATE OF REGISTRATION OR THE
DOCUMENTATION CERTIFICATE.
F. "MOORING" SHALL
MEAN A SEMI-PERMANENT ANCHORAGE INSTALLATION, CONSISTING OF AN APPROVED
MOORING SYSTEM.
G. "REGISTERED
OWNER" SHALL MEAN THE HOLDER OF A MOORING SPACE ASSIGNED BY THE
HARBORMASTER.
H. "MOORING PERMIT" SHALL
MEAN A WRITTEN AUTHORIZATION BY THE HARBORMASTER TO PLACE A MOORING.
I. "MOORING YEAR" SHALL
DATE ANNUALLY FROM APRIL IST THROUGH MARCH 31ST AND IS THE PERIOD FOR WHICH A
MOORING SPACE IS ASSIGNED.
SECTION 3: MOORING AND DOCKING
REGULATIONS
A. NO MOORING SHALL BE PLACED IN
THE WATERS OF WINTHROP UNLESS IT IS IN COMPLIANCE WITH THESE REGULATIONS.
B. NO PERSON SHALL PLACE OR
MAINTAIN A MOORING WITHIN THE WATERS OF WINTHROP WITHOUT FIRST OBTAINING A
MOORING PERMIT FROM THE HARBORMASTER.
C. NO PERMIT WILL BE ISSUED
WITHOUT PRIOR PAYMENT OF ALL APPROPRIATE FEES OR FINES BY THE APPLICANT
INCLUDING, BUT NOT LIMITED TO, ANNUAL BOAT EXCISE TAX, IF APPLICABLE.
D. ALL MOORINGS SHALL BE
REGISTERED WITH THE HARBORMASTER EACH YEAR. THE REGISTRATION PERIOD FOR ANY
YEAR SHALL END AT 12:00, NOON, MAY 31ST. ANY MOORINGS THAT ARE
NOT REGISTERED BEFORE THIS TIME MAY BE CANCELED AND THE MOORING SPACE
ALLOCATED TO THE WAITING LIST.
E. THE HARBORMASTER SHALL POST A
WAITING LIST IN THE OFFICE AND IN THE WINTHROP TOWN HALL SHOWING THE NAMES
OF PERSONS DESIRING MOORING SPACE, DATE OF APPLICATION, THE AREA IN WHICH
SUCH SPACE IS DESIRED AND THE LENGTH, BEAM, DRAFT AND DISPLACEMENT OF BOAT
FOR WHICH THE MOORING SPACE HAS BEEN REQUESTED. ALL NEW APPLICATIONS AND
REQUESTS FOR RELOCATION SHALL BE ADDED TO THIS LIST IN ORDER. UPON
AVAILABILITY , THE HARBORMASTER WILL ASSIGN MOORINGS BASED ON THE ORDER OF
THIS LIST.
F. AN IDENTIFICATION STICKER
WILL BE ISSUED TO EACH REGISTERED MOORED OR BERTHED VESSEL UPON RECEIPT OF
THE ANNUAL REGISTRATION FEE. THE STICKER MUST BE ATTACHED TO THE PORT BOW OF
EACH VESSEL 3 INCHES AFT OF REGISTRATION NUMBERS ON FORWARD HALF OF HULL SO
AS TO BE CLEARL Y VISIBLE FOR INSPECTION BY THE HARBORMASTER
G. THE MOORING OR BERTHING FEE
SHALL BE TWENTY-FIVE ($25.00) DOLLARS, WITH BOATS UNDER TWELYE (12) FEET
EXEMPT.
H. ANY REGISTERED OWNER SHALL BE
DEEMED TO HAVE FORFEITED HIS REGISTERED MOORING SPACE BY ANY ONE OF THE
FOLLOWING:
1. REMOVAL OF TACKLE BY
REGISTERED OWNER AND NOTIFICATION TO THE HARBORMASTER THAT THE SPACE IS
AVAILABLE.
2. FAILURE TO RE-REGISTER FOR
SUCH SPACE BY MAY 31ST OF ANY SEASON.
3. FAILURE TO REPLACE ANY
SUBSTANDARD MOORING TACKLE AFTER NOTIFICATION BY THE HARBORMASTER (SEE
SEC. 3-0 ).
4. FAILURE TO BUOY OR
RESTORE MOORING WITHIN THIRTY (30) DAYS AFTER BEING NOTIFIED BY THE
HARBORMASTER THAT THE MOORING IS SUBMERGED. IN THE EVENT THAT A MOORING
IS LOST, THE OWNER MUST REPORT THE LOSS TO THE HARBORMASTER AS SOON AS
POSSIBLE.
5. FAILURE TO COMPLY WITH THE
TOWN OF WINTHROP'S MOORING FEE POLICY.
I. ABANDONED OR FORFEI1ED
MOORINGS. OR ANY MOORING INSTALLED IN THE WATERS OF WINTHROP WITHOUT
PERMISSION FROM THE HARBORMASTER, SHALL BE CONSIDERED PUBLIC NUISANCES. SUCH
MOORINGS AND VESSELS MAYBE REMOVED BY THE HARBORMASTER AT THE RISK AND
EXPENSE OF THE OWNER, IF THE OWNER FAILS TO REMOVE SAME WITHIN FORTY -EIGHT
(48) HOURS AFTER WRITTEN NOTICE FROM THE HARBORMASTER. SAID NOTICE SHALL BE
SECURED TO THE MOORING AND A COPY MAILED TO THE OWNER'S ADDRESS AS RECORDED
ON THE MOORING PERMIT.
J. MUSHROOMS, OR APPROVED MOORING
SYSTEMS, MUST BE USED.
K. SCOPE SHALL BE DETERMINED BY THE
HARBORMASTER.
L. BUOYS SHALL BE SPHERICAL AND
WHITE WITH A ONE (1) INCH BLUE BAND VISIBLE ABOVE THE TIDE LEVEL AT ALL
TIMES. METAL BUOYS SHALL NOT BE USED .ALL CHAIN FLOATATION BUOYS SHALL BE
PLAINLY AND CLEARLY VISIBLE ABOVE THE TIDE LEVEL AT ALL TIMES. THE PERMIT
NUMBER. ISSUED BY THE HARBORMASTER SHALL BE APPLIED TO THE MOORING BUOY WITH
TWO (2) INCH HIGH LETTERS FOR IDENTIFICATION AND MUST BE VISIBLE AT ALL
TIMES.
M. WINTER MOORING SPARS/STICKS
SHALL BE UPRIGHT AT ALL TIMES ( NOT LESS THAN FORTY (40) DEGREES) AT ANY
PERIOD OF TIDE AND MUST BE CLEARLY VISIBLE WHEN NO BOAT IS SECURED TO THE
MOORING. THE PERMIT NUMBER ISSUED BY THE HARBORMASTER SHALL BE APPLIED TO
THE MOORING FLOAT IN ONE (I) INCH HIGH LETTERS FOR IDENTIFICATION AND
MUST BE VISIBLE AT ALL TIMES. WINTER STICKS SHALL BE REMOVED ON OR BEFORE
THE FIFTEENTH OF MAY AND SHALL NOT BE SET UNTIL ON OR AFTER THE FIFTEENTH
OF SEPTEMBER OF EACH CALENDAR YEAR. ANY WINTER STICKS WHICH ARE NOT
REMOVED BY MAY 15TH MAY BE CONSIDERED ABANDONED AND MAY BE REMOVED BY THE
HAREORMASTER. NO SPACE MAY BE RESERVED UNLESS A WINTER STICK/SPAR OR MOORING
BUOY IS PRESENT AT ALL TIMES MARKING A MOORING. UNMARKED MOORING CHAINS
DROPPED TO THE BOTTOM ARE CONSIDERED ABANDONED BY THE HARBORMASTER.
N. ALL WINTHROP MOORINGS SHALL
BE INSPECTED AT LEAST ONCE EVERY FIVE YEARS BY THE HARBORMASTER OR AN
APPROVED INSPECTOR, APPOINTED BY THE BOARD OF SELECTMEN, AT THE MOORING
OWNER'S EXPENSE. INSPECTIONS CONDUCTED BY THE MOORING OWNER ARE NOT
ACCEPTABLE. MOORINGS SHALL BE HAULED FOR VISUAL INSPECI1ON. IF AN INSPECTION
REVEALS THAT ANY TACKLE HAS BECOME DAMAGED OR WORN BY ONE THIRD OF ITS
NORMAL DIAMETER, THE TACKLE SHALL BE REPLACED ACCORDINGLY. FAILURE TO
CORRECT DEFICIENCIES SHALL BE GROUNDS FOR REVOCATION OF THE MOORING PERMIT
BY THE HARBORMASTER.
0. NO MOORING PERMIT SHALL BE
TRANSFERABLE EXCEPT WITHIN THE IMMEDIATE FAMIL Y. THE IMMEDIATE FAMILY SHALL
INCLUDE MOTHER, FATHER, SISTER, BROTHER, CHILDREN, SPOUSE, DOMESTIC PARTNER
OR LINEAL DESCENDANTS. THE HARBORMASTER MAY PERMIT TEMPORARY USE OF A
MOORING BY ANOTHER BOAT UPON APPLICATION BY THE MOORING PERMIT HOLDER.
P. RAFTING IS LIMITED TO TWO
VESSELS ON A SINGLE MOORING AND WlLL ONL Y BE ALLOWED PROVIDING IT DOES NOT
INTERFERE WITH ADJACENT SINGLE MOORINGS OR ANCHORAGES. BOATS IN RAFT SHALL
BE MANNED AT ALL TIMES.
Q. THE PLACEMENT OF TEMPORARY
FLOATS AND/OR RAFTS HELD BY ANCHORS OR BOTTOM MOORINGS IS SUBJECT TO WRITTEN
APPROVAL OF THE HARBORMASTER ALL FLOATS OR RAFTS MUST BE IDENTIFIED WITH
ASSIGNED REGISTRATION NUMBERS TO THE LANDWARD AND SEAWARD SIDES OF THE FLOAT
OR RAFT IN CONTRASTING COLORS AND A MINIMUM OF TWO (2) INCHES IN HEIGHT.
SECTION 4: WATERWAYS RULES AND
REGULATIONS
A. NO MOTOR BOAT SHALL OPERATE
AT A SPEED WHICH SHALL CAUSE A WASH OR WAKE THAT MAY ENDANGER PROPERTY OR
LIFE AND IN NO EVENT SHALL ANY BOAT EXCEED A SPEED LIMIT OF (6) KNOTS IN ANY
MOORING AREA.
B. WATER SKIIG IS ALLOWED ONL Y
OFF OF FRONT BEACH (WINTHROP SHORE DRIVE) AND YIRRELL BEACH (SHIRLEY
STREET). WATER SKIING SHALL BE PROHIBITED WITHIN ONE HUNDRED-FIFTY (150)
FEET BATHERS, DIVERS, PIERS, WHARVES, FLOATS, MOORED OR OTHER BOATS OR OF
ANY SHORE. NO PERSON SHALL OPERATE A BOAT TOWING A WATER SKIER IN NAVIGABLE
CHANNELS.
C. NO PERSON SHALL OPERATE A
MOTORBOAT (A BOAT WITH MACHINERY) WITHIN ONE HUNDRED-FIFTY (150) FEET OF ANY
BEACH OR DESIGNATED SWIMMING AREA EXCEPT AT HEADWAY SPEED.
D. PERSONAL W ATERCRAFT SHALL
NOT BE OPERATED AT OTHER THAN HEADWAY SPEED WITHIN ONE HUNDRED-FIFTY (150)
FEET OF ANY MOORED OR ANCHORED BOAT OR VESSEL, SWIMMING AREA, DOCK OR FLOAT.
E. THE DISCHARGE OF OIL, SEWAGE,
GARBAGE, RUBBISH OR OTHER DEBRIS FROM BOATS ON THE WINTHROP WATER WAYS IS
PROHIBITED.
F. NO PERSON SHALL OPERATE ANY
VESSEL ON THE WINTHROP WATER-WAYS WHEN UNDER THE INFLUENCE OF INTOXICATING
LIQUOR, NARCOTIC DRUG, BARBITUATE OR MARIJUANA.
G. THE OPERATOR OF ANY VESSEL ON
THE WINTHROP WATEPWAYS SHALL PROVIDE A COAST GUARD APPROVED PERSONAL
FLOATATION DEVICE, TYPES I, n OR Ill, FOR EACH PERSON ABOARD SUCH VESSEL. (C.M.R
207: p 15)
H. ALL BOATING ACCIDENTS
OCCURRING IN WINTHROP WATERS, WHERE DAMAGE EXCEEDS $500.00 OR RESULTS IN
DEATH, MISSING PERSON OR REQUIRES MEDICAL TREATMENT MORE THAN FIRST-AID,
SHALL BE REPORTED TO THE HARBORMASTER AND TO:
DIVISION OF MARINE AND
RECREATIONAL VEHICLES
100 CAMBRIDGE STREET
BOSTON, MA. 02202
AND ALSO REPORTED TO THE NEAREST
U.S.C.G. FACILITY IF THE DAMAGE IS OVER $1000.00.
SECTION 5: COMPATIBILITY WITH
OTHER GOVERNMENTAL REGULATIONS
NOTHING CONTAINED HEREIN SHALL
BE HELD OR CONSTRUED TO SUPER- CEDE OR CONFLICT WITH OR INTERFERE WITH OR
LIMIT JURISDICTION OF THE UNITED STATES GOVERNMENT OR LIMIT OR CONFLICT WITH
THE LAWS OR REGULATIONS. IN ANY CASE, THE STRICTER MORE RULE OR REGULATION
SHALL APPLY.
SECTION 6: ENFORCEMENT AND FINES
A. VIOLATION OF THESE BOATING
RULES AND REGULATIONS SHALL BE SUBJECT TO A FINE OF FIFTY DOLLARS
($50.00) FOR EACH VIOLATION AND FOR EACH SIMILAR SUBSEQUENT VIOLATION
WITHIN A CALENDAR YEAR. EACH DAY OF A CONTINUING VIOLATION SHALL BE A
SEPARATE OFFENSE.
B. THESE RULES AND REGULATIONS
MAY BE ENFORCED BY THE HARBOR MASTER ANY ASSISTANT OR DEPUTY HARBOR, ANY
POLICE OFFICER OR ANY OTHER AGENT OR PERSON APPOINTED BY THE WINTHROP BOARD
OF SELECTMEN.
C. ANY PERSON AGGRIEVED BY ANY
DECISION OF THE HARBORMASTER MAY FILE AN APPEAL WITH THE WINTHROP BOARD OF
SELECTMEN BY DELIVERING SUCH APPEAL, IN WRITING, TO THE WINTHROP TOWN HALL
WITHIN FIFTEEN (15) DAYS OF THE RULING OF THE HARBORMASTER. SUCH APPEAL
SHALL STATE SPECIFICALLY THE NATURE OF THE RULING AND THE REASON WHY SUCH
PERSON IS AGGRIEVED.
SECTION 7: SEVERABILITY
IN THE EVENT ANY PROVISION,
SECTION OR CLAUSE OF THESE RULES AND REGULATIONS IS HEREAFTER FOUND TO BE
INVALID, SUCH INVALIDITY SHALL NOT AFFECT THE VALIDITY OF THE REMAINING
PORTIONS OF THESE RULES AND REGULATIONS. CHANGES MAY BE MADE FROM TIME TO
TIME BY THE WINTHROP BOARD OF SELECTMEN AS THEY DEEM NECESSARY.
SECTION 8: ABANDONMENT
NOTHING CONTAINED HEREIN SHALL
BE CONSTRUED AS GIVING THE VESSEL OWNER THE RIGHT OF ABANDONMENT OF ANY
PROPERTY OR VESSEL TO THE TOWN OF WINTHROP.
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