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(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)
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)
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)
(A) No mooring may be placed in city waterways without a permit, and a permit may be issued only by the Harbormaster upon a written application in accordance with the dates in Subsection 16-48.9. The Harbormaster shall publish and supply a standard form of permit application which shall include, but not be limited to, applicant’s complete name, applicant’s complete address of primary residence, applicant’s residential telephone number, applicant’s office telephone number or alternative emergency telephone number, the name of the boat, a description of the boat (name, make, model, year, color, type, draft, length and use), the city/town of the prior year’s mooring and the registration or documentation of the boat.
(B) The Harbormaster may not issue a mooring permit under these Sections unless the permit applicant has successfully and timely completed and executed an application for mooring permit, has successfully and timely completed all required forms and/or other applications, and has successfully and timely submitted proof of payment of all applicable taxes (including, if applicable, penalties and interest) and fees. In accordance with 310 CMR 9.07, the Harbormaster shall act on the application within 15 calendar days. The Harbormaster must delineate in writing the reason(s) for a rejection, and if such reasons may be remedied/corrected then such rejected applicant shall be granted 15 calendar days to remedy/correct the reason(s) for rejection, and upon the applicant’s satisfactory and timely proffer of written evidence of complete remedy/correction then the Harbormaster shall approve the application and issue the permit within seven calendar days.
(C) If the applicant for renewal of a mooring permit successfully and timely completes and executes an application for mooring permit, successfully and timely completes all required forms and/or other applications, and timely submits proof of payment of all applicable taxes (including, if applicable, penalties and interest) and fees then, absent documented cause for rejection, the Harbormaster shall approve the application and issue the permit within seven calendar days.
(D) Any mooring existing without a permit shall be deemed to be a public nuisance and shall be deemed to be in violation of these Sections and may be removed at the expense of the mooring owner and delivered to the possession of the Harbormaster to a storage area designated by the Harbormaster. The removed mooring:
(1) May be claimed by the mooring owner subject to payment of removal fees, storage fees and any fines that may have accrued; or
(2) May be disposed of pursuant to M.G.L. Chapter 91.
(CBC 1985 16-48.4; Ord. 2004 c. 1 § 1)
(A) (1) In accordance with 310 CMR 9.07(2)(a), the Harbormaster shall provide a written procedure for the fair and equitable assignment from a waiting list for use of vacant or new moorings held by bottom-anchor and ramps associated thereto. Methods for mooring assignment which are appropriate include, but are not limited to, one or more of the following:
(a) Date of application;
(b) Physical characteristics of boats (i.e., size and type); and/or
(c) Purpose of boat (i.e., commercial/recreational or public/private).
(2) The Harbormaster may allow the previous permit holder of a specific mooring to renew, on an annual basis, that specific mooring another mooring within the control of the Harbormaster.
(B) As noted in Subsection 16-48.9, pursuant to 310 CMR 9.07(2)(d), nothing in these Sections shall be construed to prevent moorings for which permits are issued to a public recreational boating facility from being assigned to individual patrons or members of such facility.
(C) The Waterways Board shall annually review the written procedures, policies and practices of the Harbormaster and the public recreational boating facilities in accordance with Subsection 16-48.15.
(CBC 1985 16-48.5; Ord. 2004 c. 1 § 1)
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