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16-46.5   Severability.
   If any provision of these Sections shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(CBC 1985 16-46.5; Ord. 2003 c. 17 § 1)
16-47   PROHIBITING THE SALE AND/OR INSTALLATION OF A MUFFLER CUT-OUT OR BY-PASS AND PROHIBITING CERTAIN MODIFICATIONS TO EXHAUST SYSTEMS.
   (A)   (1)   No person shall sell, offer for sale or install on or in any motor vehicle or trailer:
         (a)   A muffler from which the baffle plates, screens or other original internal parts have been removed and not replaced;
         (b)   An exhaust system which has been modified in a manner which will result in an amplification or an increase in the noise emitted by the exhaust system; or
         (c)   A muffler cut-out or by-pass.
      (2)   A first violation of this Section shall be punishable by a fine of not less than $100 and not more than $250. A second violation of this Section shall be punishable by a fine of not less than $250 and not more than $500. A third and all subsequent violations shall be punishable by a fine of not less than $500 and not more than $1,000.
   (B)   (1)   No person shall park, use or operate a motorcycle, within the city, manufactured subsequent to December 31, 1982 that does not bear the required applicable Federal EPA exhaust system label pursuant to the 40 C.F.R. Volume 24, Part 205, Subparts D and Subpart E.
      (2)   All violations of division (B)(1) above shall be punishable by a fine of $300.
      (3)   Commissioner of the Boston Police Department, or his or her designee, shall have the authority to enforce this division (B).
(CBC 1985 16-47; Ord. 2003 c. 18 § 1; Ord. 2009 c. 4)
16-48   BOAT SLIPS AND MOORINGS.
16-48.1   Purpose.
   (A)   In recent years, there has been a dramatic increase in the use of recreational boats in Boston Harbor. Simultaneously, the city has undertaken increased security measures, and the effectiveness of these security measures requires attentiveness from the Harbormaster and cooperation from the boating community. The boating community plays a unique and valuable role in self-policing itself and insisting on high community standards throughout the waterways, but the security of the Boston Harbor depends on the vigilance of the uniformed and civilian personnel of the Harbormaster.
   (B)   The city expends considerable funds annually to provide an Office of the Harbormaster and Harbor Patrol craft to enhance and protect public safety, public health and the public welfare. Appropriately, other cities and towns along the commonwealth’s coastline have collected user fees that at least partially defray the expense in providing a Harbormaster and a mooring program, and security, however critical it may be, is only a portion of the Harbormaster’s duties.
   (C)   The city, in deference to the history of the recreational boating community and in order to encourage the recreational use of the Boston Harbor, has delayed its demand and collection of such user fees. In fact, Boston Harbor is among the last of the commonwealth’s harbors to implement some form of municipal-level harbor-centered user fee. Increased boater population, augmented security requirements and other amplified programmatic demands have combined to make it impossible for the Harbormaster to maintain a responsible and adequate level of service and attention to the boating community without administering a small annual fee to the recipients of the service and attention: boaters that moor or dock their boats in Boston Harbor.
   (D)   Finally, the city will establish a Waterways Board comprised of persons and organizations with the knowledge and expertise to provide a public forum to ensure the most effective, safe, fair and equitable use of the waterways.
(CBC 1985 16-48.1; Ord. 2004 c. 1 § 1)
16-48.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The terms BOAT and VESSEL are not defined terms and are used interchangeably.
   BOSTON CITY COUNCIL. The City Council of the City of Boston.
   CITY. The City of Boston.
   CITY CLERK. The City Clerk of the City of Boston.
   CITY WATERWAYS. All waterways within the boundaries of the city, including, but not limited to, harbors, bays and coves, whether publicly or privately owned or controlled, over which the Harbormaster has public safety and/or public health jurisdiction.
   COMMERCIAL GROUP MOORING COMPANY. An entity in the business of providing berthing or mooring of boats on a seasonal or transient basis to the general public and that qualifies as a public recreational boating facility.
   COMMODORE. The Commodore of a private yacht club in the city that qualifies as a public recreational boating facility.
   HARBORMASTER. The Harbormaster of the city.
   MAYOR. The Mayor of the city.
   PERMIT HOLDER. A person that has applied for and received a permit from the Harbormaster under Subsection 16-48.4 or that has paid the fees and received the decal from the Harbormaster under Subsection 16-48.7.
   PERMITTED BOAT. The boat owned by a Permit Holder for which the permit holder received a permit from the Harbormaster under Subsection 16-48.4 or for which the permit holder received a decal from the Harbormaster under Subsection 16-48.7.
   PERMITTED MOORING. The mooring for which a permit holder received a permit from the Harbormaster.
   PUBLIC RECREATIONAL BOATING FACILITY. A facility for berthing of recreational vessels at which all berths and accessory uses thereto are available for patronage by the general public on a seasonal or transient basis; such facility may be either publicly or privately owned, and may include town piers, commercial rental marinas or community sailing centers or yacht clubs offering open membership to the public; nothing in this definition shall be construed as prohibiting the adoption of minimum eligibility criteria of broad, objective applicability, such as basic knowledge of boating safety or a willingness to make regular work commitments; nor as prohibiting the reservation of a berth for the operator of said facility. This definition is promulgated by the commonwealth’s Department of Environmental Protection in its waterways regulations found at 310 CMR 9.00 et seq.
   TRANSIENT BOAT. A boat that is in city waterways, including, but not limited to, being moored at a permitted mooring, for no more than 14 successive calendar days nor more than 28 total calendar days in a calendar year.
   TRANSIENT MOORING. A permitted mooring that is not dedicated to a permitted boat.
   WATERWAYS BOARD. The Boston Waterways Board established pursuant to Subsection 16-48.15.
(CBC 1985 16-48.2; Ord. 2004 c. 1 § 1)
16-48.3   Harbormaster Authorization.
   No boat in any city waterway, other than a transient boat, may be moored, docked or anchored at any private dock, marina, boat club, boatyard, yacht club, commercial group mooring company and/or any other public recreational boating facility, without obtaining authorization from the Harbormaster.
(CBC 1985 16-48.3; Ord. 2004 c. 1 § 1)
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