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All boats that are moored in city waterways, tied at slips or seasonally rack-stored on waterfront property with launching capacity, shall be assessed an annual fee as recommended by the Waterways Board and approved by the Boston City Council and the Mayor. Until such time as the Waterways Board, Boston City Council and Mayor revise the fee, the fee shall be assessed at the rate of $1 per foot of boat length for residents of the city and $5 per foot of boat length for non-residents. Transient boats, boats exempt from the excise tax pursuant to M.G.L. Chapter 60B, Section 3 and all boat tenders or dinghies less than 12 feet long that belong to or are attached to a permitted boat shall be exempt from this fee.
(CBC 1985 16-48.6; Ord. 2004 c. 1 § 1)
In order to evidence payment of the fees assessed in these Sections, the Harbormaster shall issue decals that shall not exceed 3 inches in length by 3 inches in height which shall be affixed to the port side of a permitted boat near the transom. Nothing in this Section requires a permit decal to be affixed to any boat exempt from Subsection 16-48.6. Nothing in this Section prohibits the decal for the current year from being placed over the decal for a previous year. The permit holder shall ensure that the decal remains visible to casual inspection, clear of debris and obstruction.
(CBC 1985 16-48.7; Ord. 2004 c. 1 § 1)
(A) Applications for mooring permits, including applications for renewal of mooring permits, shall be accepted after January 1 but must be postmarked or submitted to the Harbormaster by April 1 of each calendar year. Applications for renewal of mooring permits that are postmarked or received by the Harbormaster after April 1 but before June 1 shall be assessed a late fee of $25.
(B) 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 16-48.8; Ord. 2004 c. 1 § 1)
(A) (1) A permitted mooring shall be non-transferable except to a person within the immediate family of the permit holder upon the written approval of the Harbormaster. The Harbormaster may authorize in writing the temporary use of a permitted mooring by a boat other than the permitted boat upon written application of the permit holder. Pursuant to 310 CMR 9.07(2)(d):
(a) Commodores may assign vessels of its individual patrons or members to its permitted moorings and shall notify the Harbormaster of any such assignment but such notification is not required if such assignment is made to a transient boat; and
(b) Commercial group mooring companies may assign vessels of its individual patrons or members to its permitted moorings and shall notify the Harbormaster of any such assignment but such notification is not required if such assignment is made to a transient boat.
(2) Commodores may assign guest vessels to guest moorings or to permitted moorings of its individual patrons or members upon written permission from the permit holder and shall notify the Harbormaster of any such assignment but such notification is not required if such assignment is made to a transient boat.
(B) In accordance with Cooper v. Eisenman, C.A. No. 86-2571-C (D. Mass. March 9, 1988), affirmed 867 F.2d 606 (1st Cir. (Mass.) Dec. 9, 1988), cert. denied 491 U.S. 907 (1989), nothing in this Section shall be construed to prohibit the transfer of a group of permitted moorings pursuant to the sale of a commercial enterprise including, but not limited to, a boatyard, a yacht club, a marina, a boat club, a commercial group mooring company and/or any other public recreational boating facility.
(CBC 1985 16-28.9; Ord. 2004 c. 1 § 1)
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