Harwich Harbor Management Plan

3.04: FUELING AREA REGULATIONS

All boats must fuel at a legally operated fuel dock or at a place where fueling has been authorized by the fire chief. The only exception to this rule is the fueling of commercial vessels having offloading permits, who shall only take fuel from tank trucks (diesel only) with a permit to fuel at designated areas. Any other fueling operations will be unlawful and violators will be subject to arrest.

SMOKING IS ABSOLUTELY PROHIBITED IN A FUELING AREA.

TO ALL SERVICE STATIONS 527 CMR 5 AND 8.

1. No smoking will be enforced while gasoline is being pumped. This applies to occupants of the boats as well as those outside. Signs must be posted in accordance with State requirements.

2. All motors shall be shut off while refueling.

3. All portable containers must be approved by the State Fire Marshall’s Office. At present U.L. Standard 30 and F.M. Standard 6051 and 6502 meet the requirements.

4. No portable container shall have more than 7 gallon capacity and the total gallons must not exceed 21 gallons, unless a permit has been issued for transportation of Class A liquids.

5. Class A products may only be transported in an open vehicle or in a compartment of a closed vehicle separated from the passengers.

6. Attendants will have complete control when dispensing flammable liquids.

7. All extinguishers and fire suppression systems will have annual inspection.

8. In the case of leak or spill the Fire Department will be notified. No leaks are to be washed away. Speedy dry will be used to pick up any spills.

9. Self-service operations are not allowed on the water.

10. No hold open devices may be used on self-service nozzles. Flow must be maintained by hand contact on the part of the person filling the vessel.

Any person who knowingly violates any rule or regulation made by the board of fire prevention shall, except as otherwise provided, be punished by a fine of not less than one hundred dollars nor more than one thousand dollars (GL 148 S10 C.).

3.06 SPEED ZONES AND MOORING AREAS

BOAT SPEEDS:

No boat or vessel equipped with inboard or outboard power shall exceed five (5) statute miles per hour or cause a wake between breakwaters, in Town improved channels, in any harbor anchorage or mooring area or within 100 yards of the shore.

MOORING AND ANCHORING BOATS:

1. No boat or vessel shall moor or anchor in any established channel or fairway, or attach a line to any buoy, marker or aid to navigation.

2. No mooring shall be placed in any Harwich harbor without the owner first obtaining a permit from the Harbormaster who will designate mooring areas and anchorages. Any vessel temporarily anchoring shall do so in such a manner as not to endanger any other boat, and the owners of such anchored boats may be directed to move by the Harbormaster.

3. Any boat left unattended at any float or landing stage, and any vessel removed from the water and left on Town property will be removed at the expense of the owner. In the event that markings have been removed or defaced or if ownership cannot be determined within sixty (60) days, the boat may be sold at public auction, or destroyed by the Harbormaster.

4. Persons violating any provision of this section shall be subject to a fine of $50 for each such violation.

3.08 LONG POND- REGULATIONS FOR MOTORBOATS

1. All motorboats, including jet-skis and similar personal watercraft, shall be operated at headway speed (6 mph, or enough speed to maintain steering control) within 150 feet of the shoreline of Long Pond, except for police and/or emergency boats.

2. No motorboat shall be operated at any time on the waters of Long Pond at a speed greater than is reasonable and proper having regard to lives and safety of the public; the state of visibility; the traffic density; the maneuverability of the vessel; the state of the wind, water, current, and proximity of navigational hazards. On Long Pond, speed by a motorboat, jet-ski watercraft or wetbike watercraft, or similar personal watercraft, in excess of forty-five (45) miles per hour shall be presumed to be in excess of reasonable and proper speed.

3. A. ENFORCEMENT: Long Pond is a Great Pond owned by the Commonwealth of Massachusetts. These regulations are intended to supplement the State regulations and are additional to the restrictions on distance and headway speed in 323 CMR Division of Law Enforcement, Sections 2.07. (1) and (3). The Towns of Brewster and Harwich hold common jurisdiction for law enforcement purposes and Long Pond is patrolled by Police of both towns.

B. PENALTIES: Operators and/or boat owners who violate these regulations shall be fined as follows:

First Offense: $50.00

Second Offense: $100.00

Third and Subsequent Offenses: $200.00

4. To assist in enforcement and designate the areas for boaters, swimmers, and law enforcement personnel, marker buoys are to be placed in appropriate locations around the perimeter of the Long Pond designating the one hundred fifty (150) foot distance from shore and the three hundred (300) foot distance from public bathing beaches required by the Commonwealth. Each Town (Brewster and Harwich) is to provide the marker buoys for its shoreline, and they are to be placed under the joint directions of the Police Chiefs of the two Towns and the Division of Marine and Law Enforcement. The area shoreward of these markers is designated "Headway Speed Zone", and these marker buoys should so indicate.

Signs at the Town Landings Indicate: restricted areas; advise landing and boat ramps closed at 10:00 pm; no alcoholic beverages allowed at landings or public beach; parking sticker required.

3.11 Town of Harwich - Waterways & Ponds:

Speed Limit Buck’s Pond

4-501. In either Buck’s Pond or in John Joseph Pond, no motor boat shall operate at a speed in excess of six (6) miles per hour.

Water Skiing Prohibited on Buck’s Pond and John Joseph Ponds

4-502. No person shall engage in water skiing in either Buck’s Pond or in John Joseph Ponds.

Motorboats Prohibited on Sand Pond

4-504. The use of boats propelled by motor, either inboard or outboard, shall be prohibited on Sand Pond, North Harwich.

Motorboats and Waterskiing Prohibited on Skinequit Pond

4-505. The use of all boats propelled by motor, whether inboard or outboard, and waterskiing shall be prohibited on Skinequit Pond, South Harwich.

Violations and Penalties

4-506. Any violation of Sections 4-504, 4-505, and 4-511 shall be punishable by a fine of not more than twenty (20) dollars.

Motor Boats on Hinkley’s Pond and Seymour’s Pond

4-507. No motor boat more than six (6) horsepower shall be operated on Hinkley’s Pond. No motor boat more than three (3) horsepower shall be operated on Seymour’s Pond.

Speed Limit on Hinkley’s Pond and Long Pond

4-508. No motorboat shall exceed speed limit as defined in this section on various ponds in Harwich. All ponds shall be posted as follows: Hinkley’s Pond five (5) statute miles per hour; Seymour’s Pond five (5) statute miles per hour.

Violations and Penalties

4-509. Any violation of Section 4-507 and 4-508, 4-509A of this by-law shall be punishable by a fine of not more than fifty (50) dollars.

No Motor Boats- Walker’s Pond

4-509A. No motor boats shall be operated on Walker’s Pond provided, however, a small electric motor type used for fishing may be used as propulsion.

Definition

4-510. For the purposes of this by-law, "horsepower" shall mean the aggregate rated horsepower of the propellant machinery at maximum operating revolutions per minute and "motor boat" shall mean any vessel propelled by machinery whether or not such machinery is the principal source of propulsion.

Cahoon Road Landing - Long Pond

4-511. No motorboat of more than ten (10) horsepower or used for waterskiing may be launched or operated from the boat ramp at Cahoon Road Landing at the east end of Long Pond.

Definition

4-601. The term "boat" shall mean the same meaning as does the term "vessel" as defined in General Laws, Chapter 90B, Section 1.

Launching and Beaching of Boats

5-602. It shall be unlawful to launch or beach boats at any Town-owned or operated location except in areas designated and posted therefore by the Board of Selectmen.

Restrictions on Anchoring in Certain Areas

4-603. It shall be unlawful to anchor any boat closer than seventy-five (75) feet of mean low water mark at any Town-owned or operated bathing beach.

Restrictions on Operating in Certain Areas 4-604. It shall be unlawful to operate any boat shoreward of any markers or floats stationed by the Harbormaster off a public bathing beach for the purpose of designating the swimming area there provided; however, in any area where such markers or floats are placed a distance greater than seventy-five (75) feet of mean low water, a boat may enter the swimming area to within seventy-five (75) feet of mean low water at a speed no greater than five (5) miles per hour for the purpose of coming to anchor.

Jet-skis Prohibition 4-605. The use of personal motorized watercraft, such as jet skis, shall be prohibited from operating on Herring River, and shall be prohibited from launching said craft from any Town-owned property abutting fresh water ponds.

Violations - Penalty 4-606. Any person violating any provision of Article IV, Part 6 of this by-law shall be subject to arrest. The fine for such violation shall be a fine of two hundred (200) dollars.

3.12 Mooring Permits and Regulations

Mooring Fee Regulations - In response to Article 13 as Authorized by the Special Town Meeting in September 1982, requiring mooring fees to be established and collected by the Board of Selectmen, the following regulations shall be in effect:

A: PERSONS AFFECTED

All persons owning, leasing, (boat yard moorings only) or providing moorings for vessels or craft wherein such moorings shall be situated within 400 yards from the mean low water mark of the foreshores of the Town of Harwich, in waters salt or fresh unless otherwise exempt, shall be required to pay individual mooring permits to be issued by the Harbormaster for the period April 1 through 31st of March of the following year. Mooring fees billed by the Town are past due May 15th of same year of fee and permit. All persons requiring such permits shall further be required to execute in full, a mooring application which shall be submitted to the Harbormaster with the annual payment. No permit shall be issued by the Town without payment and the permit application each executed in full.

B: FEE EXEMPT STATUS

1. A skiff, board boat, or similar craft, left on the private foreshores or designated Town-owned launching areas described in By-Law 5-601, 5-602, and 5-603.

2. Any vessel or craft moored at a private, public, or club slip or dock within the foreshores of the Town of Harwich.

3. Any vessel or craft anchored with its own tackle, or anchor for a continuous period less than 48 hours.

4. Any vessel or craft moored in the waters of a freshwater pond or lake within the Town of Harwich.

C: FEE CLASSIFICATION

1. Boats under 25 feet length overall shall pay a mooring fee for Class 3 vessel.

2. Boats over 25 feet length overall and under 35 feet length overall shall pay a mooring fee for a Class 2 vessel.

3. Boats over 35 feet overall shall pay a fee for a Class 1 vessel.

D: MOORING ASSIGNMENTS

1. The Harbormaster shall assign or caused to be assigned by the boat yards moorings on an annual basis including moorings furnished or controlled by private clubs, private boat yards, marinas, and individual owners. No person shall cause a mooring to be placed in Harwich waters except as assigned by the Harbormaster.

2. The Harbormaster shall bill the owner of controlling yard or club of each assigned mooring on an annual basis. Moorings may be reassigned by the Harbormaster to others in the case of past due mooring fees.

3. Moorings for which fees are unpaid are subject to removal by the Harbormaster and, further, such moorings may be sold under the statutes of abandonment of the Commonwealth after removal by the Town. Moorings removed by the Harbormaster will be charged removal costs to the owner in the instance of past due account.

4. Mechanical configurations of all moorings under annual fee must conform to existing harbor regulations. Consult the harbormaster for applicable specifications.

5. Checks for payment of fees are made payable to the Town of Harwich and should be mailed with the completed permit application or delivered to the Harbormaster in person. Mooring permits may be picked up at the Harbormaster’s Office at Saquatucket Harbor, Harwich Port.

6. The Harbormaster will issue transom stickers and mooring buoy tags to all permit holders who must attach same to this equipment and be visible for inspection.

7. As with any non-titled or rented property mooring permits cannot be passed through partnerships or willed to the next generation. A fair and equal system of waiting list(s) shall be maintained by the Harbormaster for the assignment of vacated paces as they become available.

8. Mooring permits cannot be renewed without the permit holder’s vessel occupying the mooring for more than two consecutive boating seasons. Vacancy will constitute grounds for loss of mooring.

9. No mooring shall be sublet by the permit holder.

10. The Harbormaster of the Town shall refuse to allow the vessel to "moor, dock, or otherwise be situated within the waterways of the Town for failure to pay boat excise tax. (chapter 175 acts 1987.)

11. Not more than two mooring permits in a mooring area may be assigned to an individual. (5/26/98 BOS)

3.13 Mooring Tackle & Equipment

These specifications are established to set safety standards for vessel moorings at Harwich. Per Order of Harbormaster T.E. Leach (4/1/88).

GENERAL TACKLE REQUIREMENTS

1. Mushroom anchors only and of adequate size as per Table 1.

2. Adequate chain lengths in accordance with specifications Table 2.

3. All moorings must be of soft foam or plastic material. Color must be white with a blue band. MOORING NUMBER and last name must be painted on mooring with contrasting oil-based paint (no marker pens, please!)

4. Mooring painters and lines must be of a non-floating type material. No hemp, manila, or polypropylene. Painter length should be adapted to vessel foredeck configuation. The painter thickness must be in accordance with Table 3. Double painters are recommended for all non-protected areas.

5. All shackles must be moused with: stainless wire; 12GA copper wire; or tough plastic cable ties.

6. All mooring permits and fees must be renewed annually. All moorings must be inspected and site approval determined by the Harbormaster prior to dropping same.

7. Winter mooring sticks must float at a 45 degree angle, show 18" above water and painted white tip with number.

8. All boasts shall display mooring current Harwich transom sticker on stern starboard corner. All moorings shall be tagged with Harwich current mooring tag.

1. Acceptable applications will receive one float permit tag and one corresponding transom sticker which will be mailed to your winter address (please indicate otherwise). Boat yard operators will be given stickers and tags.

2. Transom stickers must be affixed to the transom at the upper starboard corner. The mooring tag shall be affixed and visible on the float.

3. A copy of current harbor regulations will be made available on request. Failure to comply with any and all regulations will result in loss of mooring privileges.

4. The Harbormaster reserves the right to charge for any alterations or services provided to any mooring or boat in addition to the permit fees

5. Although insurance remains optional, information is requested on the application to understand how many boat owners carry this form of protection.

6. All mooring anchor systems must be inspected in alternate years. This inspection report is public record and will be made available to insurance adjusters on demand. It is in your interest to make sure that this inspection is completed and recorded.

These specifications are established to set minimum safety standards for vessel moorings at Harwich in normal conditions.

MOORING SPECIFICATION CHART - TABLE 1 (Chain Length in Feet)
					0-26'	26-30'	30-40'
AREA	TIDE	DEPTHS	SCOPE	DEPTH MLW	(3 tons)	(9 tons)	(15 tons)
Wychmere	3.7	2'-17'	2.5 : 1	2	9
Harbor				3	12
				4	14
				5	17	19	21
				6	19	21	23
				7	22	24	26
PROTECTED				8	24	26	28
AREA				9	27	29	31
				10	29	31	33
				11	32	34	36
				12	34	36	38
Wych Outer	4	3'-12'	3 : 1	3	14
Pleasant Bay				4	17
Red River				5	20	21	22
				6	23	25	26
				7	26	29	30
NON				8	29	33	34
PROTECTED				9	32	37	39
AREA				11	38	45	47
				12	41	49	52
Allen Hrbr	3.7	2'-12'	2.5 : 1	2	9
Round Cove				3	12
Herring Rvr				4	14	16	18
				5	17	19	21
				6	19	21	23
				7	22	24	26
PROTECTED				8	24	26	28
AREA				9	27	29	31
				10	29	31	33
				11	32	34	36
				12	34	36	38

CHAFING GEAR IS RECOMMENDED PROTECTION FOR ALL LINES PASSING THROUGH CHOCKS AND OVER RAILS. INADEQUATE OR NO CHAFING GEAR AND POORLY MAINTAINED ANCHOR CHAINS ARE THE GREATEST REASON FOR BOATS BREAKING LOOSE IN HIGH ENERGY AND NON-PROTECTED AREAS. A SAFE MOORING IS YOUR BEST HULL INSURANCE.

3.15: Waiting List, Policy & Ownership Limitation

The intent of these regulations is to operate the marinas of the Town in a manner which is fair and uniform to all dockage permit or mooring permit holders including all potential dockage permit or mooring permit holders whose name appears on any town-maintained waiting list for a slip or mooring. Any interpretation of these regulations by the Town or agents of the Town shall be made with the basic premise that a slip or mooring is to be used for the personal and sole use of the slip or mooring holder and that the rental value of the slip or mooring is an asset of the Town of Harwich that must not be diverted by private parties. Therefore, the slip or mooring holder hereby agrees that any deviation from this premise by the dockage permit or mooring permit holder shall result in the termination of any rental/license agreement and further, the Town may recover any amounts received by the dockage permit or mooring permit holder from other parties which are essentially in the nature of payments for the use of the slip or mooring rights. The Town maintains the sole right to assign slips/moorings, both annually and for any other period of time.

The dockage permit or mooring permit holder also understands and agrees that if it is the opinion of the Town of Harwich, or its agents, that there may be a violation of any of the marina or harbor rules and regulations or their intent, it shall be at the option of the Town to require the license holder to provide any and all testimony or documentation which may be deemed necessary to prove to the satisfaction of the Town that they are not in violation of the rules and regulations. Any dockage permit or mooring permit holder who fails to meet to the Town's satisfaction all marina regulations or their intent, shall relinquish the rights to the slip or mooring and all fees shall be forfeited to the Town.

1. The Harbormaster shall assign, and reassign after written approval and public hearing by the Waterways Commission, all slips and moorings at any Town facility as the space becomes available. Waiting lists past and present, and current slip and mooring assignments are a matter of public record and shall be made available by the Harbormaster's office to the general public upon request. This information shall also be maintained on the Harbor Web-site.

2. Any boat owner wishing to have his or her name placed on the waiting list(s) must do so annually, before May 1 and advise the Harbormaster in writing and pay the Town of Harwich, at that time, a fee of fifteen dollars ($15).

3. (As currently approved)

4. The individual name on the waiting list(s) shall be advanced as slips or moorings are vacated, only if the annual fee is paid. Each dockage permit or mooring permit holder shall be assigned to an individual person whose name has been on the respective waiting list the longest. This shall exclude the assignment of a berth or mooring to a partnership, corporation, multiple individuals or any other legal entity other than an individual person. Occupancy or occupancy rights of that slip or mooring assignment shall not be transferred to any individual(s) or entity other than the individual to whom the assignment was annually awarded without specific written approval from the Harbormaster and Waterways Committee for any period greater than two weeks from Memorial Day to Columbus Day. The Harbormaster shall maintain the written approval records: 1. The mooring and/or slip assignment. 2. The individual to whom the mooring or slip is annually assigned. 3. The temporary assignments of any individual to any and all berths in the Town of Harwich that cumulatively, on an annual basis, exceed two weeks.

5. The individual to whom the dockage permit or mooring permit is permanently assigned must be the sole or majority (51% or more) owner of the vessel or sole or majority (51% or more) owner of the corporation that owns the vessel. Because state registration does not give percentages of ownership, state registered vessels may only be solely owned and occupy a Town slip or mooring. The original certificate of documentation (no copies) issued annually by the Coast Guard with acceptable percentages of ownership shall be made available upon request by Town officials. The Town recognizes that to conduct business and limit liability, a corporation may in fact own the vessel or own the business under which the vessel is managed. Should a hardship result from being unable to establish ownership, which meets Town requirements, a show cause hearing may be made through the Harbormaster to the Waterways Committee.

6. The Harbormaster or agent of the Town of Harwich or the Town's Waterways Commission shall have authority to request any financial or related documents pertaining to, but not limited to the purchase, ownership and/or operation of the vessel assigned to any berth within the Town. Failure of a tenant or prospective tenant to produce documents including but not limited to : bills of sale, titles, abstract of titles, vessel documentation, sales tax information, purchase and sales agreements, insurance certificates, corporate papers, mortgage contracts, personal liens, excise tax information, registration information or any other pertinent information deemed necessary by Town officials to verify ownership issues satisfactorily as deemed necessary by Town officials shall be deemed sufficient reason to void any single dockage permit or mooring permit of the Town and the individual or shall be deemed by the Town to be sufficient reason to deny any future agreements.

(Voted on 1/28/2002 Public Hearing BOS)