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All permitted moorings shall be visibly marked with the corresponding assigned permit number in font no smaller than 1 inch. The permit holder shall ensure that the marking remains legible to casual inspection, reasonably clear of debris and reasonably unobstructed.
(CBC 1985 16-48.12; Ord. 2004 c. 1 § 1)
(A) The Harbormaster shall enforce the provisions of these Sections. Unless otherwise delineated in these Sections, any violation of these Sections shall subject the person in violation to a fine of $25 for each day the violation persists. As specifically delineated in these Sections, certain violations may subject the applicable mooring to immediate removal.
(B) The Harbormaster may require owners of moorings to provide evidence/documentation of satisfactory periodic inspection of their moorings for fitness and structural integrity.
(CBC 1985 16-48.13; Ord. 2004 c. 1 § 1)
(A) In an effort to assist the evaluation of the effectiveness of the mooring programs of the city, the Harbormaster, with the cooperation of the Assessor of the city and the Collector-Treasurer of the city, shall annually prepare a report relevant to the city’s waterways usage and mooring programs for the calendar year commencing on January 1 and ending on December 31. The annual report shall include, but not be limited to:
(1) The number of boats moored/docked in city waterways;
(2) The number of permitted moorings in city waterways;
(3) The number of applications received for permits
(4) The number of permit holders;
(5) The number of permit holders that are residents of the city;
(6) The number of permit holders that are non-residents of the city;
(7) The number of violations issued by the Harbormaster;
(8) The top three most numerous types of violations issued by the Harbormaster;
(9) A narrative summary of the most significant public safety incidents;
(10) The aggregate amount of fees collected under these Sections;
(11) The aggregate amount of excise taxes collected; and
(12) The aggregate amount of fines collected under these Sections.
(B) Originals of this annual report shall be forwarded to the Waterways Board and filed with the City Clerk no later than January 31 of each calendar year, and the City Clerk shall forthwith forward this annual report to the Mayor and the Boston City Council. The Waterways Board shall file written comments and/or recommendations to the annual report with the City Clerk no later than March 1 of each calendar year, and the City Clerk shall forthwith forward this annual report to the Mayor and the Boston City Council.
(CBC 1985 16-48.14; Ord. 2004 c.1 § 1)
(A) Pursuant to these Sections, the Boston Waterways Board shall be established. The Waterways Board is intended and designed to provide a regular forum dedicated to guiding the development and use of the city waterways and the sound implementation of, among others, M.G.L. Chapter 91, M.G.L. Chapter 60B, and the regulations promulgated thereunder.
(B) The Waterways Board shall be comprised of nine volunteer members appointed by the Mayor with the approval of the Boston City Council, and shall include the Harbormaster and representatives from a variety of classes of users of city waterways. The term of all appointees shall be three years, except that the initial terms shall be staggered so that the terms of no more than three appointees terminate in any single year.
(C) The Waterways Board shall annually review:
(1) The written procedures, policies and practices of the Harbormaster and, upon such review, shall make written recommendations to the Harbormaster and shall forward such recommendations to the City Clerk who shall forward them to the Mayor and the Boston City Council;
(2) The written procedures, policies and practices of the Public Recreational Boating Facilities and, upon such review, shall make written recommendations to the Public Recreational Boating Facilities and shall forward such recommendations to the Harbormaster and the City Clerk who shall forward them to the Mayor and the Boston City Council;
(3) The amount of the fees assessed under these Sections and, upon such review, shall make written recommendations to the Harbormaster and shall forward such recommendations to the City Clerk who shall forward them to the Mayor and the Boston City Council; and
(4) The annual report required pursuant to Subsection 16-48.14.
(D) Without compromising public safety and public health, the Waterways Board shall recommend fees, policies, rules and regulations to promote the greatest public access to and public use of the city waterways by residents, visitors, businesses and other interested persons. The policy recommendations of the Waterways Board shall be in writing and shall be filed with the City Clerk who shall forward them to the Mayor and the Boston City Council, and the policy recommendations may include, but not be limited to, appeals processes to mitigate the number of appeals made to the commonwealth’s Department of Environmental Protection, inspection requirements for moorings and waterways fees. The Waterways Board may cooperate with any Municipal Harbor Plan Advisory Committees to promote implementation of waterways usage elements of Municipal Harbor Plans in the city. The Mayor with the approval of the Boston City Council, may direct the Harbormaster to adopt or implement specific recommendations made by the Waterways Board, and, to the extent required, shall amend this Code to effect such recommendations. All meetings of the Waterways Board shall be open to the general public with opportunity for public participation.
(CBC 1985 16-48.15; Ord. 2004 c. 1 § 1)
In consultation with the Waterways Board, the Harbormaster shall have the authority to promulgate rules and regulations necessary to implement and enforce these Sections. To the extent that the regulations impact the excise tax and the Municipal Waterways Improvement and Maintenance Fund, the Harbormaster shall consult with the Assessor of the city and the Collector-Treasurer of the city.
(CBC 1985 16-48.17; Ord. 2004 c. 1 § 1)
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