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Town Government & |
Departments: Harbormaster
ARTICLE 15 - HARBOR BYLAW SECTION 1 - In construing this Article the following words shall have the meanings herein unless a contrary intention clearly appears: "Hingham Harbor" - The waters of the sea lying within the limits of the Town of Hingham. "Harbor Master" - The Harbor Master and assistant harbor masters of Hingham duly appointed by the Board of Selectmen. "Boat" - Watercraft of every description (except a seaplane on the water) used or capable of being used as a means of transportation on water. "Person" - Any individual, corporation, society, association, or partnership. "Skindiving" - Swimming underwater with the aid of fins, mask, snorkel tube, or selfcontained apparatus for the assistance of breathing. "Moor" or "mooring" - The securing or making fast of a boat, raft, or float by means of cables, anchors, lines, chains, or other device or contrivances, to the ocean bottom, the shore, or a dock, slip, pier, or marina; meaning and intending that this phrase applies to boats, rafts or floats which are secured to the ocean bottom, as well as to boats, rafts, or floats secured to a dock or slip in a marina. "Permit owner" - A person to whom a Hingham mooring permit has been issued. SECTION 2 Except in an emergency, no person, including, but not limited to, a person acting as master, owner, or custodian, shall moor or anchor any boat, raft, or float for a period of more than fortyeight (48) hours within the limits of Hingham Harbor, or in any waters under the jurisdiction of the Harbor Master, without first obtaining written permission of the Harbormaster. SECTION 3 Applications for mooring or docking permit shall be made to the Harbor Master and shall contain the following information:
SECTION 4 (a) If the Harbor Master finds that the application conforms to the requirements of the regulations enacted pursuant to section five of the Article, he shall, upon payment by the applicant of a mooring fee therefor, established by the Selectmen prior to the first day of February each year, issue the permit confirming the location for said mooring or anchorage. If for any reason the requested location is not available, a permit for a location shall be assigned by the Harbor Master as near to the desired location as is feasible; provided, however, that the Harbor Master shall not issue a permit to any person or entity who at the time is delinquent in the payment of any boatexcise tax. (i) The present year mooring permit/decal will be properly affixed to the port quarter of the boat. (b) No boat shall be placed on a mooring in Hingham waters until the application for mooring permit has been filed and approved by the Harbor Master, except as provided in Section 2 of Article 15. Upon acceptance of a mooring application by the Harbor Master the mooring or docking permit will be valid only for the calendar year in which the permit is issued. Mooring permits are not transferable and are only applicable to the designated boat identified on the mooring application. The applicant is responsible for mooring anchor, mooring tackle, and pennants whether solely owned or rented. (c) Any person who during the preceding year was the permit owner has priority for a mooring permit, at the same location, providing the boat is the same size, (length, draft, and beam), as the previous year, and has met the requirement of Section 4(a) of this Article. (d) In the event a permit owner of a previous year upgrades in length, or draft, or size which may cause relocation of permit owner's mooring, or in the event that a change in boats causes the Harbor Master to change permit owner's location of mooring, the following will be used to determine who has priority to the open location; (i) The person who was a permit owner the previous season will have priority over the current waiting list for boats that required the same type of location (same length category, draft, size), provided the person requesting the mooring change has been a continuous permit owner for a period of consecutive years which is greater than the number of consecutive years than that of the person who is next on the waiting list for the same category. (ii) All people who wish to be on the waiting list for a mooring must reapply each year in order to maintain their position on the waiting list. (e) All persons must file for a mooring permit by the first day of March in order to maintain their priority. (f) Special Regulations for the Inner Basin. (The Inner Basin is defined as the area of Hingham Harbor that lies South of a line drawn from Broad Cove to the south most tip of Ragged Island, and then continuous due East to land.) (i) At the discretion of the Harbor Master, no mooring permits shall be issued to craft over thirty (30) feet in length. (ii) CommercialTransient mooring, when available, will be limited to a total of six (6) in the inner basin. No one company or individual may control more than 50% of the CommericalTransient moorings. SECTION 5 The Harbor Master shall promulgate regulations governing the size and specifications for moorings and their hardware and pennants, and shall submit the same to the Board of Selectmen for approval. Upon approval, the regulations shall be published in a newspaper published in the Town of Hingham and copies thereof shall be available at the Harbor Master's Office upon request. Said regulations may be amended from time to time in the manner hereinbefore set forth. SECTION 6 Winter moorings buoys shall be removed by their owners from anchorage and replaced by appropriate floating buoys upon receipt by said owners of a written order from the Harbor Master, and in no event shall any such winter mooring buoy remain in Hingham Harbor after June first of each year. If any such winter mooring buoy is not replaced within two (2) weeks after receipt of said written order, the Harbor Master may remove said buoy and replace it with an appropriate floating buoy at the owner's expense. Neither the Harbor Master nor the Town of Hingham, its agents or employees, shall be liable for any damage or liability directly or indirectly arising out to such removal or replacement. SECTION 7 No boat shall exceed the speed of six (6) nautical miles per hour or be operated at speed which shall cause a visible wake within the confines of Hingham Harbor, except while engaged in water skiing or the use of personal watercraft in areas as defined on charts issued for such use by the Board of Selectmen. SECTION 8 Any person skindiving in Hingham Harbor shall: (a) obtain the written approval of the Harbor Master in advance, designating the permitted area; (b) operate from a boat occupied and under the control of at least one other natural person not less than eighteen (18) years of age; (c) display a diver's flag consisting of a red field and a white diagonal stripe not less than twelve (12) inches square, held upright on a float or other similar device at a height sufficient to be visible to passing boats; (d) tow said float and flag with him while he is on surface or submerged in water, unless for commercial purposes permission in writing is granted by the Harbor Master to display floats or flags in some other manner for the protection of divers in Hingham Harbor. SECTION 9 No person shall operate a boat in Hingham Harbor or in the Hingham waters of the Back River Area of Critical Environmental Concern while towing water skiers, aquaplanes, or other similar devices except in areas defined on charts issued by the Board of Selectmen, and in no event shall any such boat be operated within one hundred fifty (150) feet of any beach or swimming float. SECTION 10 (a) No boat shall be moored at a Town of Hingham pier for a period of time in excess of thirty (30) minutes without first obtaining written permission from the Harbormaster. (b) No swimming shall be permitted from Town of Hingham piers or launching ramps. SECTION 11 No person, other than the Harbor Master or a person acting with the Harbor Master's written consent, shall board or move any boat in mooring or anchorage or molest any tender except in case of emergency or with the express consent of the owner or master of said boat. SECTION 12 Nothing contained herein shall be construed to conflict with the jurisdiction of the United States Government with respect to the enforcement of navigation, shipping, anchorage, and associated laws of the United States, or any lawful regulation of the Division of Waterways of the Department of Public Works, or the Division of Motor Boats of the Registry of Motor Vehicles or any of the laws of the Commonwealth of Massachusetts. SECTION 13 The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof. SECTION 14 This Article shall be enforced by the Harbor Master with the Assistance of the Town of Hingham Police Department. SECTION 15 Whoever violates any section or provision of this chapter shall be liable for a penalty not exceeding fifty (50) dollars for each violation. SECTION 16 This Article shall become effective upon approval of the Director of the Division of Motor Boats of the Registry of Motor Vehicles and the expiration of five (5) days after publication in a newspaper or general distribution in the Town of Hingham.
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