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| A Personal Watercraft and it operator. Cape Cod Times Photo. Click jet ski to read CCT editorial. |
Town of Harwich By-Laws that apply to Personal Watercraft.
General Application to all boats including Personal Watercraft
Launching and Beaching of Boats including personal watercraft
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. NEW - State 323 CMR 2.07 restricts operating any motorboat or
PWC within 150' of any bathing beach either public or private
(this means boaters
need to walk their boats and personal watercraft ashore ashore from 150'
out)
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.
Special Application to Long Pond
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.
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.
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.
Personal motorized watercraft, such as jet skis, shall be prohibited from operating and/or launching at Round Cove.
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 dollars ($200.00)
dollars. Zoning Prohibition on Rental of PWC
The rental of personal watercraft is not an allowed either RH-1 or CH-1
zones under the Harwich Zoning By-Laws. This means that such operation
for exchange of cash or inkind at all Harwich Town Landings or private
beaches within these zones is prohibited unless otherwise licensed by the
Town of Harwich. Any person violating this provision shall be subject to a fine of $50/day/each
offense.
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.
| Pond | Acres | Restrictions | Other |
|---|---|---|---|
| Long Pond | 743 | No PWC's from Public Landings | restrictions per 4-605 |
| Seymour Pond | 181 | No PWC's 3 horsepower limit | |
| Hinkleys Pond | 171 | No PWC's 6 horsepower limit | |
| West Reservoir | 100 | No PWC's (part of Herring River) | |
| Hawknest Pond | 30 | No PWC's (under 75 acres) | |
| Cahoon Pond | 29 | No PWC's (under 75 acres) | |
| Bucks Pond | 29 | No PWC's (under 75 acres) | |
| Olivers Pond | 29 | No PWC's (under 75 acres) | |
| Robbins Pond | 28 | No PWC's (under 75 acres) | |
| Sand Pond | 27 | No PWC's (under 75 acres) | |
| East Reservoir/Hall's Bog | 25 | No PWC's (under 75 acres) | |
| Walkers Pond | 25 | No PWC's (No motors) | |
| Grass Pond | 23 | No PWC's (under 75 acres) | |
| Aunt Edies Pond | 21 | No PWC's (under 75 acres) | |
| Josephs Pond | 19 | No PWC's (under 75 acres) | |
| Cornelius Pond | 16 | No PWC's (under 75 acres) | |
| Skinequit Pond | 15 | No PWC's (under 75 acres) | |
| Flax Pond | 15 | No PWC's (under 75 acres) | |
| Mill Pond | 10 | No PWC's (under 75 acres) | |
| Black Pond | 9 | No PWC's (under 75 acres) | |
| Mud Pond | 7 | No PWC's (under 75 acres) | |
| Andrews Pond (aka Katies Pond) | 6 | No PWC's (No motors) | |
| Island Pond | 4.5 | No PWC's (under 75 acres) |
GENERAL LAWS OF MASSACHUSETTS - Personal Watercraft
Chapter 90B: Section 9A. Jet ski, surf jet or wetbike operation.
Section 9A. No person shall operate a jet ski, surf jet or wetbike (a) on waters of the commonwealth unless the person is sixteen years of age or older, (b) within one hundred and fifty feet of a swimmer, shore or moored vessel, except at headway speed, (c) on waters of the commonwealth of less than seventy-five acres, (d) without wearing an approved personal flotation device or (e), between sunset and sunrise. For the purposes of this section, the term, "headway speed", shall mean the slowest speed at which a personal watercraft, jet ski, surf jet or wetbike can be operated and maintain steerage way. (Added by 1989, 681, Sec. 1 eff. 4-9-90.)
Chapter 90B: Section 9B. Educational safety program; jet skis, surf jets or wetbikes.
Section 9B. The division of law enforcement within the department of fisheries and wildlife is hereby authorized and directed to establish an educational safety program for the operation of jet skis, surf jets and wetbikes. All persons under the age of eighteen who operate such watercraft shall be required to participate in said program; provided, however, that the director of said division shall establish the program criteria and content and shall determine the minimum safety skills necessary for said persons to operate such watercraft. (Added by 1989, 681, Sec. 1 eff. 4-9-90.)
323 CMR Divion of Law Enforcement
323 Cmr 4.00: The Operation of Personal Watercraft in Massachusetts
4.01 Purpose
The purpose and scope of 323 CMR 4.00 is to protect the public safety by establishing rules
of conduct governing the operation of personal watercraft, by promoting voluntary compliance
with the rules, and, when necessary, by detering, through fines and penalties, noncompliance
with the rules. The Division of Law Enforcement intends to improve, through the rules, the
safe and appropriate use of personal watercraft.
4.02 Definitions
Headway speed shall mean the slowest speed at which a personal watercraft may be
operated and maintain steerage way.. To be considered operating at headway speed under these
regulationsb the operator shall be either kneeling or sitting.
Personal Watercraft shall mean a vessel propelled by a water jet pump or other
machinery as its primary source of motor propulsion which is designed to be operated by
persons sitting, standing, or kneeling on the vessel rather than being operated in the
conventional manner by a person sitting or standing inside the vessel.
4.03 Operation
(1) Minimum Age. No person shall operate a personal watercraft if such a person is:
Personal Flotation Device. Any person aboard a personal watercraft watercraft if
shall wear at all times a Coast Guard approved personal floatation device of Type I, II, III,
or V.
(3) Towing. No person shall tow a water skier or any person in any other manner from
personal watercraft.
(4) Evening Operation. No person shall operate a personal watercraft between
the hours of sunset and sunrise, as determined by the chart set forth at
323CMR 2.00, Appendix I, or when vision is unduly restricted by weather.
(5) Safe Operation. No person shall operate a personal watercraft except in a safe and prudent manner, having due regard for other waterborne traffic, posted speed and wake restrictions, 323CMR 4.00 et. seq., and all other attendant circumstances, so as not to endanger the life, limb or property of any other person.
No person who owns, rents, operates, or who otherwise has charge of a personal watercraft
shall permit said personal watercraft to be operated in violation of M.G.L. c. 90B or any
applicable regulation 323 CMR 2.00 and 323 CMR 4.00. NEW - State 323 CMR 2.07 restricts operating any motorboat or
PWC within 150' of any bathing beach either public or private (this means boaters
need to walk their boats and personal watercraft ashore from 150' out)
(6) Negligent Operation. No person shall operate a personal watercraft in a negligent manner. The following are prohibited as examples of negligent operation:
(a) Unreasonably jumping, or attempting to jump, the wake of another vessel;
(b) Following within a hundred and fifty feet (150) of a water skier;
(c) Weaving through congested vessel traffic;
(d) Speeding in restricted areas;
(e) Crossing unreasonably close to another vessel;
(f) Operating a personal watercraft in such a manner that it endangers the life, limb or property of any person;
(g) Towing a waterskier or any person in any manner from a personal watercraft; and
(h) Operating a personal watercraft during the evening, as defined by 323 CMR 4.03(4).
(7) Modification. Except as otherwise provided in 323 CMR 4.03(9), no person shall:
(a) Remove or modify the exhaust or muffler system of a personal watercraft; or
(b) Operate a personal watercraft so modified.
(8) Exceptions.
(a) The provisions of 323 CMR 4.03 (6)(a)-(h) and 7(a)-(e) shallnot apply to a person performing in an event for which a permit has been issued in writing by the director.
(b) The provisions of 323 CMR 4.03 (7)(a)-(d) shall not apply in an area expressly designated in writing by the director or his designee as appropriate for personal watercraft operation.
(10) Automatic Cut-Off. Every person operating a personal watercraft equipped by the manufacturer with a lanyard type engine cut-off switch shall attach said lanyard to his person, clothing, or personal floatation device as is appropriate for the specific craft.
4.04: Rental of Personal watercraft
(1) Minimum Age. No person shall lease, hire, or rent a personal watercraft to
any person under sixteen (16) years of age, nor to any person 16 or 17 years of age unless
said person produces a certificate evidencing compliance with 323 CMR 4.03(1)(b).
(2) Notice of Regulations. No person shall lease, hire or rent a personal watercraft to any person unless aid lease, hire or rental is accompanied by a copy of these regulations, 323 CMR 4.00 et. seq.
(3) Safety Rules Sticker. No person shall lease, hire or rent a personal
watercraft to any person unless said personal watercraft shall have the most current version
of the Safety Rules Sticker prominently affixed thereto so that it is visible and readable by
the operator.
(4) Safety Equipment and Education. A personal floatation device complying with 323 CMR 4.03(2) shall be provided with all rented personal watercraft. The safe operation of the personal watercraft shall be explained by the rental livery. This explanation shall include a complete review of these regulations, 323 CMR 4.00 et. seq.
4.05: Penalties
(1) For the purposes of M.G.L. c. 90B, s. 14, any violation of 323 CMR 4.03(1), (2), (3), (4), (5), (6), or (7) shall be deemed a violation of M.G.L c. 90B, s. 8.
(2) For purposes of M.G.L. c. 90B, s. 14, any violation of 323 CMR 4.03(2) shall be deemed a violation of M.G.L. c. 90b, s. 5A.
(3) For purposes of M.G.L. c. 90B, s. 14, any violation of 323 CMR 4.03(8) shall be deemed a violation of M.G.L. c. 90b, s. 6
(4) For purposes of M.G.L. c. 90B, s. 14, any violation of 323 CMR 4.04 shall be deemed a violation of M.G.L. c. 90b, s. 7.
Regulatory Authority 323 CMR 4.00: M.G.L. c. 90B
New State Boating Law Administrator Richard Murray has announced his opposition to SB 1134 and HB 2763,
which would both allow water-skiing with 3-person PWC. The bills have been put on the shelf until the
Chairmen of the Committee considering the bills decide to move forward with them. Please contact the following Senator and
Representative (both serve as Chairman) if you want them to know your thoughts on these measures. Senator Paul Jajuga
and Representative Paul Casey Chairman, Joint Public Safety Committee State House, Room 473-B Boston,
MA 02133 (617) 722-2230
Opposition from state bureaucrats threatens to stall SB 1134 and HB 2763, which would both allow
water-skiing with 3-person PWC. Contact your state legislator today if you want them to know your thoughts
on these bills. HB 1564 to allow towing skiers with three-person craft is still pending. Send letters in favor of this important
bill to (name of legislator) State House, Boston, MA 02133. For further information contact Howard Park,
Consultant - Public Affairs, Bombardier Sea-Doo/Ski-Doo Division, 1-800-533-9138.
House Bill 1564, which would allow three-person PWC to tow a skier, has died. In its haste to finish official
business for the year, the Senate failed to take acton on this bill. Contact your senator to ask that the bill be
reconsidered when the Legislature convenes.
State Boating Law Bill would permit waterskiing from PWC