Town of Duxbury Rules and Regulations for Moorings, Permits and Waiting Lists

TOWN OF DUXBURY HARBORMASTER

Rules and Regulations

For Moorings, Permits and Waiting Lists

 

7.6 § 2001:      AUTHORITY AND ENFORCEMENT

(a)    Under the authority of Massachusetts General Laws, Chapter 90B § 15B; Chapter 88 § 19; Chapter 102 § 19-26; Chapter 91; 310 CMR 9.07; Chapter 40 § 57; Chapter 60B § 4 and all other applicable laws and regulations, the following rules and regulations are promulgated effective April 5, 2010.

(b)   The Harbormaster and Assistant Harbormasters have the authority to enforce all rules and regulations set forth herein.

 

7.6 § 2002:      DEFINITIONS

The following words, for the purpose of these regulations, unless another meaning is clearly apparent for the way the word is used, shall have the following meanings:

(a)    “anchoring” means to secure a vessel for a short period of time, not to exceed twenty-four (24) consecutive hours, to the bottom of a body of water by dropping an anchor or anchors or other ground tackle from a vessel.

(b)   “Authorized Mooring Service” means a certified service approved by the Harbormaster for the commercial building, maintenance, repair (service), placement and hauling of mooring gear and equipment in designated anchorage areas.

(c)    “berth” means any space wherein a vessel is confined by wet slip, float, mooring or any other type of docking facility.

(d)   “boatyard” means a facility whose function is the construction, repair, sale, or maintenance of vessels, which may include provisions for vessel storage, launching, hauling and docking while awaiting service or use.

(e)    “designated anchorages” means established mooring fields at Snug Harbor Deep Water (dredged) Basin, Snug Harbor Basin Flats, Howland’s Landing, Two Rock Channel and Clark’s Island.

(f)     “draft” means the measurement from the water line to the deepest part of the hull.

(g)    “Duxbury waterways” means all waters within the embayment, harbors, rivers and open waters within the boundaries and jurisdiction of the Town of Duxbury, over which the Town of Duxbury may exercise its powers and authority.

(h)    “emergency boat yard” means a boatyard that a mooring permit holder prefers the Harbormaster contact first in the event that the permit holder cannot be reached to address an issue that may arise with their mooring or vessel.  This shall not require the boat yard to act on behalf of the permit holder.

(i)      “fairway” means any locally designated and / or maintained water areas reserved for the unobstructed movement of vessels through mooring fields or designated anchorages.

(j)     “grace period” means that a permit holder of a mooring location shall be extended a one (1) year grace period (one boating season) to retain their designated mooring, if for whatever reason the ownership of their vessel has been terminated or is in a state of disrepair and / or extraordinary circumstances exist, at the discretion of the Harbormaster.

(k)   “guest mooring” means any mooring that is not being used by the permit holder may be used as a berth for a transient or other vessel.

(l)      “Harbormaster” means the duly appointed Harbormaster or any duly appointed Assistant Harbormaster.

(m)  “length” means the straight line measurement of the overall length on deck from the bow to the stern, measured parallel to the centerline, including rudder, bumpkins, outboard motor brackets, engines, platforms, or any substantial object or gear that requires additional mooring space consideration.

(n)    “mooring” means the equipment and / or process used to temporarily secure a vessel, other than by anchoring, that consists with the gear as prescribed by the Town of Duxbury, which is placed on the bed of a body of water attached to a buoy.

(o)   “chain float buoy” means a buoy designed to float a mooring chain and identify the mooring location.

(p)   “mooring buoy” means a buoy attached to the mooring gear identifying the mooring location..

(q)   “mooring location” means an assigned location where a buoyant vessel is secured other than a pier, float, wharf, bulkhead or pile.

(r)     “other object” means any floating object, including but not limited to floats, rafts or barges, temporarily secured to the bed of any body of water by anchor or mooring.

(s)    “pendant” means a length of thimbled line attached to a mooring chain used to secure a vessel to the mooring.

(t)     “permitted vessel” means any vessel with a valid mooring permit in Duxbury waterways issued by the Harbormaster.

(u)    “person” means any individual, partnership, trust, firm, corporation, association, commission, district, department, board, municipality, public or quasi-public agency or authority.

(v)    “pick-up buoy” means a buoy that is attached to a mooring pendant.

(w)  “tidal flats” means all mooring fields located within Duxbury waterways, other than any designated anchorage.

(x)    “transient guest” means any vessel requesting a guest mooring that does not have a valid mooring permit issued by the Town of Duxbury.

(y)    “vessel” means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on the water.

(z)    “waiting list” means a list maintained by the Duxbury Town Hall listing all individuals waiting to be granted a mooring or to be relocated within any mooring area. Separate lists shall be maintained for new mooring assignments and relocations for each mooring area.

(aa)“winter buoy” means a buoy that is attached to a mooring that is not hauled for the winter.  Winter buoys made of wood are prohibited.

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7.6 § 2002       APPLICABILITY

These rules and regulations apply to all of the following:

(a)    Mooring equipment and mooring locations within the waterways of the Town of Duxbury including all fresh water bodies of water.

(b)   Vessels or other objects anchored or moored within the waterways of the Town of Duxbury to include all fresh water bodies of water.

 

7.6 § 2003       MOORING PERMITS    (General)

(a)    All mooring permits are numbered in a manner that designates location.

(b)   It shall be the responsibility of the mooring applicants to annually file a complete mooring application with the Harbormaster for each mooring location they are assigned.

(c)    All vessels moored within the waterways of Duxbury, with the exception of transient vessels, shall have a valid Duxbury mooring permit adhered to the port bow or another conspicuous location as approved by the Harbormaster.

(d)   All other objects shall have a valid Duxbury Mooring Permit or be actively licensed pursuant to M.G.L. Chapter 91.

(e)    Mooring permits are not transferable except by the Harbormaster.

(f)     Mooring permits and locations are not transferable to a new owner if the vessel is sold.

(g)    Mooring permits shall not be “passed down” or transferred to another family member.  The only exception of this rule is that if a permit holder is deceased, the mooring permit may be transferred to their legal spouse.

(h)    A mooring permit and location given up for any reason by any vessel owner immediately voids all rights and privileges to that mooring permit and location.

(i)      The Harbormaster may inspect all moorings periodically throughout the boating season to eliminate any hazardous conditions.

(j)     Mooring locations are subject to change at the discretion of the Harbormaster.

(k)    Mooring permit holders are prohibited to change the size of a vessel on their assigned mooring without the advanced approval of the Harbormaster.

(l)      It shall be the responsibility of the mooring permit holder to provide a minimum of twenty-four (24) hours advanced notice to the Harbormaster prior to launching their vessel and occupying their assigned mooring location.

 

7.6 § 2004       SCHEDULE FOR ISSUING MOORING PERMITS:

(a)    On or before February 15th the Town of Duxbury shall mail mooring applications to all mooring permit holders from the previous year (to include Snug Harbor Deep Water, Snug Harbor Basin Flats, Howland’s Landing, Two-Rock Channel, Clarke’s Island, and Tidal Flats).

1.      Renewal Mooring Applications: All mooring permits shall expire on December 31st of the calendar year they were issued and must be renewed per the regulations described in the Application Process in Section 7.6 § 2005

2.      New Mooring Applications: applications will be available at the Duxbury Town Hall or the Harbormaster’s office

(b)   April 1st – All Renewal Mooring Applications and Fees must be received at the Duxbury Town Hall. 

(c)    On or before May 1st - Delinquent renewal applicants will be sent a notice by certified mail indicating potential loss of current mooring location

(d)    June 1st – All delinquent renewal applicants shall permanently lose their previously assigned mooring location and the Harbormaster shall assign these locations to new applicants from the appropriate waiting list per the current approved Rules and Regulations. The only exceptions to loss of a previously assigned mooring location are if an applicant is granted a “grace period” by the Harbormaster or if in his opinion extenuating circumstances warrant excepting a late application and payment.

 

7.6 § 2005       APPLICATION PROCESS

 (a) New Mooring Applications:

1.      Complete a “Town of Duxbury Mooring Application” available at the Duxbury Town Hall or the Harbormaster’s office

2.      Complete applications and applicable fees shall be submitted in person to the Duxbury Town Hall

3.      A town administrator  will date stamp and initial completed applications as received

4.      The applicant may contact the Duxbury Town Hall to determine the status of their application

5.      Approved applications shall be assigned a location within 15 days by the Harbormaster in the order that the application is processed.  Otherwise, the applicant will be placed on a waiting list if the requested type of mooring location is unavailable (see Section 7.6 § 2010).

 (b) Renewal Applications for Mooring Permits:

 A person wishing to renew an existing mooring permit located in one of the Town of Duxbury’s designated anchorages or tidal flats shall:

1.      Complete the “Town of Duxbury Mooring Application” indicating “Renewal” on or before April 1st, which was provided via mail by the town on or before February 15th.

2.      Return the completed application and applicable  fees to the Town of Duxbury as instructed in the application

i.                     If the applicant chooses to return the completed mooring application and applicable fees in person at the Duxbury Town Hall, they will receive a mooring permit at that time.

ii.                   If the applicant chooses to return the completed mooring application and applicable fees by mail, they shall include a self addressed stamped envelope so the mooring permit can be mailed to them.

3.   Applications may be denied by the Harbormaster due to delinquent mooring permit fees, boat excise tax or other local fees in accordance with applicable Massachusetts General Laws or other non-compliance of Moorings Rules and Regulations

 

7.6 § 2006       WATERFRONT FEES

The waterfront fees for the Town of Duxbury shall be as followed:

(a)    Snug Harbor Deep Water (dredged) Basin Mooring Permit - $8.00 per foot annually. 

(b)   Snug Harbor Basin Flats Mooring Permit - $8.00 per foot annually. 

(c)    Howland’s Landing Mooring Permit - $7.00 per foot annually. 

(d)   Two Rock Channel Mooring Permit - $7.00 per foot annually

(e)    Clark’s Island Mooring Permit - $7.00 per foot annually

(f)     Tidal Flats Mooring Permit - $25.00 annual administrative application registration fee.

(g)    Tender Float Spot Permit - $120.00 annual administrative registration fee. 

(h)    Tender Float Tie-Up Permit - $100.00 annual administrative registration fee. 

(i)      Waiting List Application - $15.00 per application, initial one time administrative registration fee.

(j)     Permitted Vessel Guest Mooring - $10.00 per vessel, per night administrative registration fee from 15 June through 15 September. Vessel owners shall complete and sign a Guest Mooring Invoice at the Harbormasters Office.

(k)   Transient Guest Mooring - $30.00 per vessel, per night, administrative registration fee from 15 June through 15 September. Vessel owners shall complete and sign a Guest Mooring Invoice at the Harbormasters Office.

(l)       Transient Vessel Guest Mooring – no charge on or before 14 June and on or after 16 September if use of guest mooring is approved by the Harbormaster.

(m)  Any vessel while requesting and / or requiring (local) boat yard service may be exempt from said transient guest mooring administrative registration fee at the discretion of the Harbormaster.

 

7.6 § 2007       MINIMUM MOORING REQUIREMENTS

The following shall be considered as minimum requirements for mooring gear in the respective anchorage. Moorings conforming to regulations in effect on April 5, 2010 must comply with the following requirements when mooring components are replaced. 

(a)    Snug Harbor Deep Water (dredged) Basin

1.   Vessels under 25' - 300 lb. mushroom or 300 lb. pyramid - 30' 1/2 chain - 12' of 5/8" line to chock or two ½” lines as pendants.

2.   Vessels 25' to under 35' - 400 lb. mushroom or 400 lb. pyramid - 30' 1/2 chain - 12' of 3/4" line to chock or two 5/8” lines as pendants.

3.    Vessels35' to 45' - 500 lb. mushroom or 500 lb. pyramid - 35' 5/8 chain - 15' of 1" line to chock or two ¾” lines as  pendants.

(b)   Snug Harbor Basin Flats

1.    Vessels under 18’- 100 lb. mushroom or 135 lb. pyramid - 25' 1/2 chain - 12' of 1/2" minimum line to chock or (2) ½” lines as pendants.

2.   Vessels 18' to under 20' - 150 lb. mushroom or 135 lb. pyramid - 25' 1/2 chain 12' of 5/8" minimum line to chock or (2) ½” lines as pendants.

3.      Vessels 20' to under 25' - 200 lb. mushroom or 200 lb. pyramid - 25' 1/2 chain - 12' of 5/8" minimum line to chock or (2) ½” lines as pendants

4.   Vessels 25' to 30' - 300 lb. mushroom or 300 lb. pyramid - 25' 1/2 chain 15' of 3/4" minimum line to chock or (2) 5/8” lines as a pendent.

(c)    Tidal Flats

1.      Vessels under 16' - 50 to 75 lb. mushroom or 70 lb. pyramid - 15' 3/8" chain - 12’ 7/16" minimum  line to chock.

2.      Vessels 16' to under 19' - 100 lb. mushroom or 135 lb. pyramid - 15' 3/8" chain - 12’ 1/2" minimum line to chock.

3.      Vessels 19' to under 20' - 150 lb. mushroom or 135 lb. pyramid - 15' 3/8" chain - 12' 5/8" minimum line to chock or two ½” lines as a pendants.

4.      Vessels 20' to under 25' - 200 lb. mushroom or 200 lb. pyramid - 15' 1/2" chain - 12' 5/8" minimum line to chock or (2) ½” lines as a pendants.

(d)   Cove Street, West end of the Powder Point Bridge, and the Back River (deepwater)

1.   Vessels under 16' - 50 - 100 lb. mushroom or 70 lb. pyramid - 25’ 3/8” chain 12' of 7/16 minimum line to cleat.

2.   Vessels 16' to under 25' - 200 lb. mushroom or 200 lb. pyramid - 25' ½” chain - 12' of 5/8" minimum line to cleat or two ½” lines as pendants.

3.   Vessels 25’ to under 30' - 250 lb. mushroom or 270 lb. pyramid - 25' ½” chain - 12' of 3/4" minimum line to chock or two 5/8” lines as pendants.

4.   Vessels 30' to under 35' - 300 lb. mushroom or 270 lb. pyramid - 25' ½” chain - 12' of 3/4" minimum line to chock or two 5/8” lines as pendants.

5.   Vessels 35' to 45' - 500 lb. mushroom or 500 lb. pyramid - 25' 5/8” chain - 12' of 1" minimum line to chock or two 3/4” lines as pendants.

(e)                Howland’s Landing

1.       Vessels under 25' - 300 lb. mushroom or 300 lb. pyramid - 30' ½” chain - 12' of 5/8" line to chock or two ½” lines as pendants.

2.      Vessels 25' to under 35' - 400 lb. mushroom or 400 lb. pyramid - 30' ½” chain - 12' of 3/4" line to chock or two 5/8” lines as pendants.

3.      Vessels 35' to 45' - 500 lb. mushroom or 500 lb. pyramid - 30' 5/8” chain - 15' of 1" line to chock or two ¾” lines as a pendants.

(f)     Two Rock Channel and Clark’s Island

1.      Vessels under 25' - 300 lb. mushroom or 300 lb. pyramid - 40' 1/2" chain 12' - 3/4" minimum line to chock or two 5/8” lines as pendants. 

2.      Vessels 25' to under 35' - 500 lb. mushroom or 500 lb. pyramid - 40' 1/2" chain - 12' 3/4" minimum line to chock or two 5/8” lines as pendants.

3.      Vessels 35' to under 45' - 1000 lb. mushroom or 1000 lb. pyramid - 40' 5/8" chain - 15’ 1" minimum line to chock or two 3/4” lines as pendants.

4.      Vessels 45’-65- 1500 lb. mushroom or 1500 lb. pyramid – 40’ 5/8" chain- 12' 1" minimum line to chock or two 3/4” lines as pendants.

(g)    All moorings in designated deep water anchorages and basin flats shall have an approved non-sinkable chain float with a pendant directly connected to the chain.

(h)    All moorings shall have an approved non-sinkable chain float or an approved mooring buoy with a pendant directly connected to the chain.

(i)      All mooring chain shall be of the galvanized type; black iron chain shall not be accepted.

(j)     All moorings in designated anchorages shall be in working order, rigged appropriately and placed in assigned locations by 15 June of each calendar year.

(k)   All moorings in designated anchorages shall be inspected, hauled, placed, serviced and maintained by an Authorized Mooring Service unless otherwise authorized by the Harbormaster.

(l)      Cement block of approved type, if used, shall be six times the weight of mushroom required. 

(m)   All moorings shall be inspected by the Harbormaster or an Authorized Mooring Service before being set.

(n)    All moorings shall be hauled at the expense of the owner and inspected by the Harbormaster or an Authorized Mooring Service Agent every three years.  Any mooring with 3/8" chain shall be hauled at the expense of the owner and inspected by the Harbormaster or an Authorized Mooring Service every two years.

(o)   Chain size and mooring design are subject to change with or without notice based on the discretion of the Harbormaster for the purpose of public safety.

(p)   All moorings shall be equipped with properly positioned chafe gear, when applicable, as approved by the Harbormaster.

(q)   All mooring shackles shall be safe tied with stainless steel wire.

(r)     Only nylon line of proper length and diameter may be used.

(s)    All chain floats and mooring buoys shall be white with blue stripe as specified by state statute.

(t)     All chain floats in designated deep water anchorages shall legibly designate mooring location and the maximum boat size with three (3) to five (5) inch block lettering on opposite sides of the chain float.

(u)     All mooring buoys shall legibly designate mooring location with two (2) to three (3) inch block lettering.

(v)    All pick up buoys shall legibly designate the owner’s last name.

(w)  All chain flotation buoys shall be plainly and clearly visible at all tides.

(x)    Approved  winter buoys shall:

1.   Be marked with the owner's name.

2.   Be marked with the mooring location.

3.   Not be installed before November 1.

4.   Be removed on or before May 15 or, if located within a designated anchorage, be removed or marked with a buoy to be visible at all tides on or before May 1.

5.    If bordering a fairway, shall be marked with a winter buoy to be clearly visible at all tides between November 1 and May 15.

6.   Inclusive of all Duxbury waterways except designated anchorages, shall be marked with a buoy to be visible at all tides between November 1 and May 15.

7.   All Snug Harbor Deep Water (dredged) Basin floats moorings, be marked with buoys to be visible at all tides between November 1t and May 15h.

 

 

7.6 § 2008       DEFECTIVE MOORINGS

(a)    After appropriate notice, owners of defective moorings shall have seven (7) days to correct said mooring, after which time the mooring will be hauled at the direction of the Harbormaster.

(b)   The expense of such removal or hauling, and any liability incurred therefore, shall be the responsibility of the mooring owner.

(c)    Any defective mooring removed or hauled shall be positioned back in its designated location after completed repairs and inspections as soon as possible, or no later than seven (7) days.

 

7.6 § 2009       MOORING RECORDS

The Harbormaster shall keep a detailed description of all moorings, their location, mooring inspection information, owner's name, contact numbers, home address, emergency boat yard and description of vessel, to include length, rig and name for the purposes of identifying and addressing any issues that may arise with that mooring location or the vessel assigned to it.

 

7.6 § 2010       WAITING LIST POLICIES AND PROCEDURES

(a)    Waiting Lists for mooring location assignment.

1.  The Harbormaster will identify and determine those mooring fields that have received maximum mooring saturation and establish an official waiting list located at the Duxbury Town Hall for the issuance of mooring locations and permits for those areas. Each mooring field shall have a separate waiting list.

2.      The Harbormaster shall also establish a waiting list for existing mooring owners that wish to be reassigned a different mooring location that would allow them the ability to either increase or decrease the size of their vessel or change their location within an existing mooring field.

 

3.      Applicants shall completely fill out and submit a waiting list application and pay the waiting list application fee at the Duxbury Town Hall.

 

4.      All applications shall be complete, signed, dated, and received by an administrator at the Duxbury Town Hall.  Received applications will be signed off by the administrator and added to the waiting list in the order it was received.

 

5.      Applications shall not be “passed down” or transferred to another family member.  The only exception of this rule is that if an applicant dies, the waiting list application may be transferred to their legal spouse.

 

6.      The Town of Duxbury is not liable or responsible for incomplete or lost applications.

 

7.      All complete applications and attached documents submitted to the Duxbury Town Hall become the property of the Town of Duxbury.

 

8.      All official mooring waiting lists will be kept at the Duxbury Town Hall.

 

 

9.      All mooring waiting lists will be periodically up-dated.

 

10.  A copy of all updated waiting lists will be posted at the following locations:  Duxbury Harbormaster’s office, Duxbury Free Library, Duxbury Town Clerk and the Duxbury Town Manager / Board of Selectmen’s office.

(b) Assignment of mooring locations within waiting list areas.

1.      When a mooring location within a waiting list area becomes available, the Harbormaster will offer a mooring location to the first applicant on the waiting list by certified mail. The applicant shall respond to the Harbormaster within ten (10) business days after the Harbormaster contacts the waiting list applicant, indicating if they accept or reject the offer of the mooring location.

 

2.      If the applicant chooses not to accept the location, the Harbormaster will offer a mooring location to the first applicant on the existing mooring list requesting a reassignment of their mooring location. The applicant shall respond to the Harbormaster within ten (10) business days after the Harbormaster contacts the waiting list applicant, indicating if they accept or reject the offer of the mooring location.

 

 

3.      If the existing mooring applicant accepts the reassignment thereby still leaving an open mooring to be assigned, then the Harbormaster shall again offer a location to the first applicant on the waiting list. The applicant shall respond to the Harbormaster within ten (10) business days after the Harbormaster contacts the waiting list applicant, indicating if they accept or reject the offer of the mooring location.

 

4.      Whenever a mooring location within a waiting list is available, the Harbormaster shall follow the procedures as outlined in 7.6 § 2010(b)(1),(b)(2), and (b)(3) alternating between the first applicant on the waiting list and the first applicant on the existing mooring list requesting a reassignment until all locations have been assigned.

 

5.      If within a calendar year multiple mooring locations, in the same vessel size range become available in the same waiting list area and an applicant who is offered a location refuses that location, it is assumed that the applicant will not accept another location within that area.

 

6.      The Harbormaster may at his discretion reassign mooring locations to existing and new applicants based on the size of their vessel relative to the maximum length of the mooring location.

 

(b)   Waiting list renewal and removal from list.

1.      On or before February 15 - The Town of Duxbury shall mail mooring applications to applicants on all waiting lists.

2.      April 1 – Applicants on all waiting lists must return to the Duxbury Town Hall a completed mooring application, appropriately indicating their desire to renew their waiting list application in any and all mooring areas or renew their request to be assigned a new mooring location.  Return the completed application and applicable  fees to the Town of Duxbury as instructed in the application

3.      May 1 - Delinquent “waiting lists” renewal applications will be sent a notice by certified mail indicating potential removal from any and all waiting lists or request to be assigned a new mooring location list.

4.       June 1 – All delinquent renewal applications shall be removed from any and all waiting lists.

5.      Any applicant aggrieved by the decision to remove their name from any waiting may appeal this decision to the Harbormaster in writing by certified mail. The Harbormaster may uphold the decision to remove the applicant from any waiting list or may accept the applicant’s request for reinstatement within 30 calendar days.

6.      It is the sole responsibility of the applicant on any and all waiting lists to annually renew before the June 1 deadline. If a mooring application is not received in the mail by February 15, they are available at the Duxbury Town Hall and the Harbormasters Office.

7.      An Annual mooring application for any other mooring within the waters of the Town of Duxbury shall not be accepted as renewal on any waiting list.

8.      Failure to renew the waiting list application shall result in the original application being voided and the applicant’s name being removed from that waiting list.

 

 

 

7.6 § 2011       GUEST MOORINGS

The following shall apply to mooring permit holders, permitted guests and transient guests:

(a)    Rules and Regulations for the Waterways of Duxbury Chapter 7.6 § 1006: Berthing, shall apply.

(b)   Moorings vacated by the permit holder for twenty-four (24) hours or longer, for any reason, shall be reported to the Harbormaster Department upon vacating the mooring.

(c)    It shall be the responsibility of the owner and / or their agent to report the status of said vessel and / or mooring to the Harbormaster.

(d)   Guests shall register with the Harbormaster prior to picking up a mooring. The guest shall provide the vessel's length, rig, and registration or documentation number if applicable and number of days they wish to use the mooring.

(e)    Guests shall accept any and all responsibility for loss or damage caused by them or their vessel.

(f)     Guests shall secure the vessel properly on a mooring designated by the Harbormaster with chafe gear in positioned correctly when applicable.

(g)    Local boat yards shall be responsible to ensure any vessel being serviced by them and moored in Duxbury as a registered guest has chafe gear positioned correctly. Rules and Regulations for the Waterways of Duxbury Chapter 7.6 § 1006 shall apply to that boat yard where applicable and when not in conflict with existing law.

(h)    Transient guests may secure guest tender if used to the Town Tender Float at Town Pier.

(i)      Persons requesting a guest mooring for a period of less than six (6) hours may be exempt from being charged a guest mooring fee provided that they register with the Harbormaster.  All other rules and regulations still apply.

(j)     Transient vessels or permitted vessels using a guest mooring without authorization from the Harbormaster shall be charged the applicable guest mooring fee and shall be cited.

 

7.6 § 2012       AUTHORIZED MOORING SERVICE POLICY

The following requirements shall apply to the application and approval of Authorized Mooring Service permits:  

(a)    One (1) year mooring service experience.

(b)   Documented proof of knowledge and experience with Duxbury or similar mooring equipment.

(c)    Local knowledge of the waterways of Duxbury.

(d)    References as approved by the Harbormaster.

(e)    Utilize a proper mooring service vessel as approved by the Harbormaster.

(f)     Possess required federal, state and local licenses and permits.

(g)    Supply certificate of insurance of proper liability insurance within limits approved by the Town Manager and workmen’s compensation insurance as required by statute.

(h)    Agrees to abide by all Federal, State, Local laws, rules and regulations, conditions, terms and the direction of the Harbormaster Department.

(i)      Provide twenty-four (24) hour on call status to respond to emergency or exigent circumstances regarding any mooring serviced by them.

(j)     Accepts any and all responsibility for damage or injury caused by them or their employees.  The Town of Duxbury and its employees accept no responsibility or liability.

(k)   Existing services shall reapply for Mooring Service Authorization annually within the month of January on forms supplied by the Town of Duxbury.  Approval or denial shall be determined within thirty (30) days of receipt of the application.

(l)      Existing services shall inform the Harbormaster in writing that they do not want to reapply for Mooring Service Authorization by July 1st of their active permit.

(m)  New applications shall apply for Mooring Service Authorization on forms supplied by the Town of Duxbury.  Approval or denial shall be determined within sixty (60) days.

(n)    Applications that are not complete will not be processed.  Illegible applications will be considered incomplete.  Applications submitted without the requested attachments will be considered incomplete.  The Town of Duxbury assumes no responsibility or liability for lost, late or incomplete applications, attachments or documents.

(o)   Failure of the applicant to adhere to the set standards, terms, conditions, rules or regulations, law, or the direction of the Harbormaster may immediately void authorization.

(p)   Minimum standards and requirements may be amended as authorized by law, rule and regulation. 

(q)   This authorization is non-transferable.

(r)     The Harbormaster will administer and enforce this policy. 

(s)    The Town Manager shall rule on all appeals.  Appeals shall be submitted in writing not later than thirty (30) days following a denial or termination of Mooring Service Authorization. 

A valid list of authorized mooring services will be posted at the Harbormaster office

 

 

7.6 § 3001       NON CRIMINAL DISPOSITION PENALTIES

(a)    The penalty for violations of any of the Town of Duxbury Rules and Regulations for Duxbury Waterways and Town of Duxbury Rules and Regulations for Moorings, Permits and Waiting Lists shall be $25.00 for the first offense; $50.00 for the second offense; $100.00 for the third offense and $200.00 for the fourth and subsequent offenses.

(b)   Violations of the Town of Duxbury Rules and Regulations for Duxbury Waterways and Town of Duxbury Rules and Regulations for Moorings, Permits and Waiting Lists may be sufficient cause for the Harbormaster to refuse an individual or his vessel the use of town properties or any town waterfront facility for a period of time as determined by the Harbormaster and Board of Selectmen.

(c)    Offenders may be prosecuted by the Harbormaster and all other enforcement agents.

(d)   In the event that any provisions, sections or clauses of the Town of Duxbury Rules and Regulations for Duxbury Waterways and Town of Duxbury Rules and Regulations for Moorings, Permits and Waiting Lists are found to be invalid, such invalidity shall not affect the validity of the remaining portions of those Rules and Regulations.

(e)    The revenue from any said fines, after payment of fees and expenses, shall be paid to the Town of Duxbury, Massachusetts.

(f)     The Town of Duxbury Rules and Regulations for Duxbury Waterways and the Town of Duxbury Rules and Regulations for Moorings, Permits and Waiting Lists may be amended by the Board of Selectmen.