Town of Provincetown

 Massachusetts

 

 

 

 

 

Harbor Regulations

Mooring Rules and Regulations

 

Approved January 1, 1997

Amended March 26, 2004

Amended March 13, 2006

Amended March 22, 2007

Amended January 23, 2008

 

 

 

 

 

 

 

 

 

 

 

 


TOWN OF PROVINCETOWN

HARBOR REGULATIONS

 

 

                                                        TABLE OF CONTENTS

 

 

 

Chapter         Title                                                                                                                  Page

 

1          MacMillan Pier Regulations                                                                               1

 

2          Mooring Rules and Regulations                                                                    10

 

3          Provincetown Harbor                                                                                       18

 

Appendix

 

A         MacMillan Pier Vehicle Restrictions:  Barnstable Probate & Family Court Docket No. 894:  Preliminary Injunction modified on June 29, 1984, as further modified on September 26, 1990.                                                                A-1

 

B         Harbor Fee Schedules                                                                                   B-1


Chapter 1

MacMILLAN PIER REGULATIONS

Adopted 6/19/89

Amended 6/26/89, 7/24/89, 3/5/90, 12/9/91, 12/28/92, 12/13/93, 5/23/94, 12/12/94, 12/26/95, 1/22/96, 8/26/96, 12/30/96, 12/11/00, 12/16/02, 3,24,03

 

 

Chapter 1 Approved and Amended by Provincetown Public Pier Corporation’s Board of Directors

 

Provincetown Public Pier Corporation

 

Purpose:      The Provincetown Public Pier Corporation (PPPC) has been established by Chapter 13 of the Acts of 2000 for the purpose of bringing sound market-based management practices to MacMillan Pier operations.  Section 3(b) of Chapter 13 authorizes the Board of Selectmen to lease MacMillan Pier to the PPPC not to exceed 20 years.  Section 4 of chapter 13 authorizes the Board of Selectmen to appoint 5 volunteers to up to five year terms as the PPPC Board of Directors providing members of the board have experience in one or more of the following fields: commercial fishing, law, finance, marine operations and real estate. Section 5 (b) of Chapter 13 authorizes the PPPC to adopt rules and regulations.  In order to effect enforcement of PPPC regulations a general by-law amendment will be placed on the April 7, 2004 Town Meeting warrant to allow Harbormasters and Police Officers the option to enforce violations of these regulations with, but not limited to, non-criminal disposition citations pursuant to G.L c. 40 subsection 21D and sections 2-3-1 through 2-3-3 of the General By-laws. Accordingly, Harbor Regulations Chapter 1, MacMillan Pier will be superceded by these regulations upon passage.

 

Article 1.        Definitions

1-1-1               "Pier" shall mean MacMillan Pier, owned by the Town of Provincetown, MA.

1-1-2               "Marine Superintendent" shall be that person appointed by the Town Manager as Harbormaster under the provisions of the Charter of the Town of Provincetown and shall include duly appointed deputy and assistant harbormasters.  The Harbormaster is the duly appointed official of the Town who has responsibility and authority for the performance of duties as set forth in Massachusetts General Laws Chapters 88, 91, 91A, and 102 and as set forth in the By-laws, Regulations, and Orders of the Town of Provincetown.

1-1-3               "Provincetown Based Vessels" shall mean a vessel based primarily in Provincetown, whose owner's domicile or legal residence is in Provincetown or Truro.  In the case of a vessel owned by a trust, organization, corporation, partnership, association, company or other business organization, a Provincetown based vessel shall be defined as one whose owner's principal office is in Provincetown or Truro.  The address of a Post Office Box is not acceptable as proof of address.  A current real estate tax bill, non-seasoned lease, utility bill or valid Massachusetts Operators License or any other ID issued by the Massachusetts Motor Vehicle Registration, both listing an address in Provincetown or Truro are acceptable as proof of address.

1-1-4               "Town" shall mean the Town of Provincetown, Massachusetts.

1-1-5               "Vessel": includes ships of all kinds, barges, houseboats, sailing vessels, watercraft and power boats of any type or kind by whatsoever means propelled, every structure designed, adapted or capable of being navigated, towed or operated on water from place to place for the transportation of merchandise, people or for any other purpose.

1-1-6               “PPPC” shall mean Provincetown Public Pier Corporation established by Chapter 13 of the Acts of 2000.

1-1-7               “Pier Manager” shall be that person employed by the PPPC to manage day-to-day operations or other designee.

1-1-8               “Live-a-board” shall be a person or persons using a vessel as habitation or overnight accommodation for more than 7 nights.3

1-1-9               Holding Mooring:  A single, non-rental, non-recreational mooring used to hold a vessel for marine repair and service or commercial tenants of MacMillan Pier.4

 

Article 2.        General

1-2-1               All vessels, persons, and vehicles using the Pier shall be governed by the Rules and Regulations contained herein and all other applicable laws, by-laws, rules and regulations and orders of the court, if any, concerning the operation of vessels and the use of piers, including, without limitation, those promulgated by the United States Coast Guard, the Environmental Protection Agency, the Department of Environmental Protection, the Commonwealth of Massachusetts, the Town of Provincetown and the PPPC.

1-2-2               Deleted April 5, 2004

1-2-3               All persons, vessels and vehicles using the Pier shall be responsible for the security of their own property.  The Town or PPPC, its officials, agents or employees shall not be responsible for the loss of or damage to life, persons or property occurring at the Pier and facilities owned, controlled, or operated by the Town from any cause whatever.

1-2-4               The Pier shall normally be open for use by licensees, transient vessels and the general public on a twenty-four hour a day basis, unless the PPPC, Harbormasters Office or public safety officials determine that for the purposes of maintaining public safety or security of the premises, that more limited hours of operation are necessary.

1-2-5               Soliciting of business by use of megaphones or loud speakers is prohibited.  Recorded music and live entertainment will conform to 13-2-6 of the Town’s general by-laws. PPPC may provide waivers as required in 13-2-6-4.

 

Article 3.        Use of Pier

1-3-1               MacMillan Pier is primarily for the general use and benefit of commercial fishing vessels and commercial passenger vessels, and for the passive enjoyment by the general public.  All users of the Pier for commercial purposes, including but not limited to commercial fishing, fish and seafood unloading and wholesaling, retail uses, community events, exhibition of art or performance art and commercial passenger vessels, shall require a license from the PPPC and be subject to the rules or contracts attached to an approved license or permit applications.  All other uses, including recreational uses, except enjoyment by the general public and commercial uses other than those licensed by the PPPC, are prohibited, unless expressly authorized by the PPPC.

1-3-2               The decks, floats, structures, and waterways of MacMillan Pier and other Town-owned and operated docking and berthing facilities shall not be obstructed for any purpose other than the berthing of, access to and loading and unloading of vessels.  Storage or repair of traps, nets, gear, bait or other supplies beyond 48 hours is prohibited except with the permission of the Pier Manager and in areas designated for storage or repair. Tenants shall be required to clean up any debris on completion. Nets must be in an exactics container with the name of the vessel indelibly labeled on container. No gear may be stored on pier by transient vessels.2

1-3-3               When stretching wire on the Pier, a line and a block will be used.  Wires are not to cause damage to any parts of the Pier, such as poles, ladder, utility boxes, or cap rails.  No wire will be stretched after9:00 am from April 30th until October 1st, unless expressly authorized by the Pier Manager.3

1-3-4               Limited Pier space is available. Its use and berth assignments by vessels shall be under the direct supervision and control of the Pier Manager. Permanent berthing of vessels and placement of floats shall be by license or permit from the PPPC.  Transient berthing of vessels is allowed only upon permission of the Pier Manager and upon the payment of appropriate fees. Use of the east facing finger piers shall be restricted to active, full-time, year-round commercial fishing vessels.  Any other uses of these finger piers must be approved by the PPPC.2          

1-3-5               Vessels wishing to utilize the Pier on a transient basis to load and unload gear, supplies, seafood and other items shall be accommodated on a first-come first-serve basis and in accordance with Article 5 of this regulation.  The Pier Manager may establish a maximum time limit on the use of the Pier by any one vessel in order to assure that the use of the Pier is available to other vessels.

1-3-6               Vessels desiring use of Pier space for an extended time period and not otherwise licensed for such shall obtain, in advance, the permission of the Pier Manager.  Such vessels may be required to move to make way for other vessels needing use of the Pier.

1-3-7               Vessels which are not listed on the float space license wishing to utilize a float space may do so with the permission of the licensee AND with the written permission of the Pier Manager for a period not to exceed 24 hours. In an emergency, the Pier Manager may grant permission for a period greater than 24 hours, but in no event longer than the date of the next scheduled meeting of the PPPC, the permission of which Board shall be necessary for such continued utilization beyond said date.  Rental of privately licensed float spaces to transient vessels is not allowed unless specifically provided for in float space license.

1-3-8               All vessels using the Pier shall be maintained in a safe, sound and seaworthy condition and capable of getting underway under its own power except in cases of temporary incapacity during emergency repairs.  Vessels incapable of getting underway on their own power for a period greater than twenty-four hours shall notify the Pier Manager. Docking and berthing privileges may be denied to any vessel, which in the opinion of the Pier Manager or Marine Superintendent, is not in a safe, sound and seaworthy condition or which poses a hazard to the safety of the Pier, vessels, the public or environment.  Any such vessel tied to the Pier may be directed to leave the Pier by the Pier Manager or Marine Superintendent.

1-3-9               Fueling of vessels at the Pier shall be prohibited, except by properly licensed operators.  Servicing of vessels, including but not limited to welding, electronic and hydraulic repairs, replacing gear, and engine repairs, at pier-side shall be allowed at the discretion of the Pier Manager provided other pier operations are not adversely affected.

1-3-10             The consumption of alcoholic beverages at or on the Pier is prohibited.  Community events wishing to serve alcohol shall apply for and be approved for a waiver of this regulation for a period not to exceed one day from the PPPC.  The PPPC may include restrictions on approval or may deny the application.

1-3-11             The owners or captains of all resident vessels using MacMillan Pier shall make available to the Pier Manager the names of at least two qualified persons who can be contacted in the event of the need to move vessels. All other transient vessels berthed at the Pier shall have on board at all times sufficient personnel qualified to move the vessels when requested by the Pier Manager. Upon order of the Harbormaster/Pier Manager, all vessels must be moved within 30 minutes.2

1-3-12             All vessel owners must notify the Pier Manager when vacating their assigned berth for the season. PPPC reserves the right to assign and charge for spaces not in use by annual permit holders during the period the space is vacant.2

1-3-13             Artist, performance and street vending licenses are required for the display and/or sale of art, sculptures or other public displays or performance. Operators will adhere to the PPPC rules and requirements of the license or the license will be revoked without appeal. Permit or license holders must produce a valid license or permit in accordance with General By-law 9-4 to allow inspection by any Police Officer, Harbormaster or Pier Manager on request.

1-3-14             All persons using the pier are subject to the laws and regulations of the Town of Provincetown regarding personal conduct and behavior. Abusive language, actions, threats and/or illegal activities are subject to enforcement by the Harbormaster and/or the Police Department. Owners and Captains of any vessel berthed at the pier are responsible for the conduct of their crew at all times. Provincetown is a designated “No Place For Hate” community.3

 

Article 4.        Public Access

1-4-1               MacMillan Pier shall normally be open and available to the public 24 hours a day throughout the year.

1-4-2               Public pedestrian access shall be within the curbed sidewalk along either side of the Pier.  Pedestrians shall not obstruct the operation and movement of vessels and vehicles utilizing the Pier.

1-4-3               Deleted April 5, 2004

1-4-4                              No one shall be permitted to use skateboards, roller blades, or bicycles on any gangways, floats or floating docks.  All other use of skateboards, roller blades or bicycles on MacMillan Pier shall be at the discretion of the Pier Manager or Marine Superintendent.  These uses shall not obstruct the operation and movement or safety of vessels, vehicles or pedestrians utilizing the Pier.

1-4-5               Swimming shall only be allowed in areas so designated by the Pier Manager or Marine Superintendent and is at the users’ own risk.  No diving or jumping is allowed from electrical boxes, gangways, jib cranes or other structures on MacMillan Pier.

1-4-6               Dogs must be leashed or under voice and sight control at all times while on the pier or any of it’s adjacent floats, docks and gangways.  Dog owners/walkers are required to clean up after the animal immediately and dispose of the waste in a waste container.  Dogs are not allowed to be aboard vessels unattended overnight while the vessel is berthed at the pier or its adjacent floats, docks or gangways.  Violations of this regulation are enforceable by a non-criminal disposition of $50 for each offence.3

 

Article 5.        Vehicles and Parking

1-5-1               Use of the Pier by vehicles shall be limited to those vehicles actively serving vessels and businesses at the Pier and casual vehicular travel by the general public.  No vehicle shall be parked as to block the access of other vehicles to the Pier.  Parking of vehicles and heavy trucks shall be prohibited on the Pier, except in the space and times so designated by the Pier Manager and as specified in section 1-5-6 of these regulations.  No vehicles shall be left unattended or overnight on the Pier, except with the written permission of the Pier Manager or Marine Superintendent.

1-5-2               The Pier Manager, Marine Superintendent or Police Department may close the Pier or sections thereof to vehicular traffic if in their judgment closing is required in the interest of public safety.  Sections of the Pier may be closed to vehicular and public access for properly licensed short-term community events.

1-5-3               No person using the Pier shall cause the load limit to be exceeded as posted.

1-5-4               The minimum space between vehicles on the approach and intermediate Pier shall be five (5) feet.

1-5-5               No person shall operate a motor vehicle in excess of ten (10) miles per hour on the Pier.3

1-5-6               Parking is prohibited on MacMillan Pier except in the following designated areas and under the conditions specified.  Vehicles which do not follow these rules will be subject to ticketing and towing:

a) Pier Permit Parking Area

The spaces designated by "Pier Permit Parking Only" signs shall be primarily used by the Owner/Captains of the commercial fishing fleet who need access to their vehicles while working on their vessel and licensed MacMillan Pier business tenants.  These are not permanent parking spaces for tenants but are only to be used while they are actively working their vessels.  Rear-view mirror tags will be issued to each tenant with accounts in good standing and no past due balances.  This tag must be clearly visible on the vehicle's rear-view mirror while parked in these spaces.  Only one parking permit will be issued per tenant. Pier parking permits and time limits (1-5-6 g) shall be valid and enforced from May 15th to October 1st of the year issued.  Off-season use shall not require a permit; all other regulations remain in effect.3

 

b) Harbormaster Office Parking:

The spaces designated by the "Harbormaster/Police Parking Only" signs shall be used only by vehicles identified as PPPC, Marine Department, Police Department or Fire Department/Rescue Squad vehicles.

c) West-side of Approach Pier

Vehicles which are actively loading, unloading or fueling vessels on the west side of the Pier may park along the west side of the approach Pier.  These vehicles can be parked for no longer than 15 minutes.  For vehicles which need to be parked for longer than 15 minutes, a "Temporary Parking Permit" must be obtained in advance from the Pier Manager or Harbormaster on-duty and clearly displayed in the windshield.3

 

d) Seafood Offloading Spaces:

The area inside the yellow lines, which delineate Offloading Spaces (Loading Zones), shall be reserved for vehicles actively engaged in offloading or loading of seafood.  Any other uses must be approved in advance by the Pier Manager and will be secondary to uses of the commercial fishing fleet.

e) Ferry Passenger Standing Zone

The third lane next to the pedestrian walkway on the main Pier shall be used for the discharge and loading of ferry passengers and luggage.3

f) Handicap Parking Spaces:

            Parking in the blue parking spaces is reserved for vehicles with handicap plates or placards only. All other vehicles will be ticketed or towed without regard for time limits, Tenant rear-view tags or Temporary Permits

g) Time Limits

All parking, with the exception of the Handicap spaces is limited to MacMillan Pier tenants actively working their vessels/businesses.  All other vehicles must obtain a temporary parking permit in advance from the Pier Manager or Harbormaster on duty.3

 

(h) Floating Docks Parking Area:

The parking spaces at the floating docks are only to be used by tenants actively working on their vessels at the dock and only one vehicle per crew at a time.  No vehicle may park in floating docks lot if the associated vessel leaves the facility.2

 

Article 6.        Passenger Vessels

1-6-1                              Commercial passenger vessels may regularly utilize the Pier for the loading and unloading of passengers only under an agreement with the PPPC and in the specific locations contained within the agreement.  Occasional similar use of the Pier by passenger vessels may be permitted upon advance request and approval of the Pier Manager.  No vessels utilizing MacMillan Pier may embark or disembark passengers from 11 PM to 7 AM with out a security detail of Harbormasters or Police Officers at the vessel’s expense.

1-6-2               Passenger vessel operators intending to use the Pier, or any other town-owned or operated berthing facility, shall be required to provide copies of all current Coast Guard vessel certifications, operators' licenses, and insurance certificates.  They may also be required to provide the following information:  total number of toilet fixtures, sink fixtures, kitchen sink fixtures, occupancy, holding tank capacity, trash disposal and schematics and narratives on the gray-water and black-water plumbing configurations.

1-6-3               The PPPC shall continue to license those entities which were licensed during the summer of 1986 provided that said entities have been properly licensed in each succeeding year since 1986 and that said licensees shall have been and shall remain in good standing with all applicable laws, By-laws, rules, regulations and license terms.

1-6-4               The terms of all such licenses shall be as determined by PPPC in compliance with Chapter 13 of the Acts of 2000.  For new licenses, licenses that were previously revoked or licenses that are not renewed by April 1 of the year after a previously approved renewal license, 1-6-3 shall not apply.  PPPC may issue new licenses on a seasonal or short-term basis in compliance with Chapter 13 of the Acts of 2000 and consistent with the conditions of MacMillan Pier Chapter 91 License for a wide range of commercial water transportation services to public passengers for hire, tourism attractions or commercial fisheries.

1-6-5               All attachments, such as floats, gangways, and booths must be removed from the Pier by the date designated by the PPPC unless an exemption is granted by the Pier Manager.  Additionally, these items must be removed upon direction of the Pier Manager or Harbormaster for public safety or for severe weather conditions.

1-6-6               No boat shall be left in dead storage or inactive at the Pier or Town-owned floats or licensed float spaces.

 

Article 7.        Commercial Fishing Vessels

1-7-1               All commercial fishing vessels wishing to regularly utilize the Pier shall obtain in advance from the PPPC an annual or semi-annual dockage permit for the use of the Pier.  The permit shall be issued to a specific vessel, and shall entitle the vessel to the full use of and access to the Pier in common with other permit holders, subject to the rules, regulations and permit terms of the Pier.  Commercial fishing vessels permit requirements and terms are listed on the application for commercial fishing vessel berth.

1-7-2               Annual dockage permits shall be valid from April 1st through March 30th of the following year.  Past due fees not paid by the specified date of renewal will prevent the vessel from tying to the Pier and any such vessel docking at MacMillan Pier after the specified date may be fined $50.00 on a non-criminal disposition citation or any other applicable law for every 24-hour period thereafter.

1-7-3               Semi-annual dockage permits shall be valid from April 1st through September 30th and from October 1st through March 30th.  Past due fees not paid by the specified date of renewal will prevent the vessel from tying to the Pier and any such vessel docking at MacMillan Pier after the specified date may be fined $50.00 on a non-criminal disposition citation or any other applicable law for every 24-hour period thereafter.

1-7-4               Semi-annual dockage may be granted to vessels whose captains and/or crews reside in Provincetown or Truro, or so that the vessels can be moved as noted in 1-3-11.  Annual dockage permits may be granted in Provincetown-based vessels as defined in 1-1-3 and moved as noted in 1-3-11.

1-7-5               Fishing vessels not having a valid annual, or semi-annual dockage permit shall be assessed the transient vessel fee. The Pier Manager shall collect fees for the use of the Pier by transient commercial fishing vessels.

1-7-6               Pulpits that cannot be retracted or raised shall not be permitted on the floating docks.

1-7-7               Deleted April 5, 2004

1-7-8               All vessels with floating docks slips or on commercial fixed fingers shall maintain a permitted holding mooring appropriate for the size vessel or the ability to remove the vessel on it’s trailer in case of severe weather or it’s inability to mechanically function.

1-7-9   Users are responsible for removal of any gear, trash and general cleanup of the area around their vessels.

1-7-10             DELETED March 9, 2006

1-7-11            Licensees whose berth is located at the fixed finger piers and the floating docks may be subject to fees or fines for the abuse of potable water privileges.  Abuse of privileges shall be as determined by the Pier Manager and fees or fines will be determined by the Pier Manager based on guidelines from the Town Water Department.3

1-7-12             Licensees whose berth is located on the fixed finger piers or floating docks are not authorized to sub-lease, lend or reassign the berth to any other vessel at any time without the written consent of the Pier Manager.  Unauthorized vessels docked in licensee berths shall be removed at the request of the Pier Manager or Harbormaster on-duty.  If the vessel is not removed, it will be subject to transient rates, ticketing or towing charges payable by the owner of the vessel.3

 

Article 8.        Offloading/Handling of Seafood

1-8-1               The PPPC may lease an area of the Pier for seafood offloading if said lessee is in good standing.  Said license shall limit the lessee to operating on its leased premises only.

1-8-2               Each Pier Space licensee is allowed a specific number of vehicles as detailed in its respective lease. All such vehicles and their use shall satisfy applicable requirements as to road worthiness, registration, etc. and shall be conformant with orders issued by the Barnstable Probate Court as presently in effect and as may be amended from time to time.

1-8-3               All seafood offloading operations on MacMillan Pier shall assure the cleanliness of areas used for offloading at the end of each operating period and as health standards may require and/or as may be required by the Pier Manager, Marine Superintendent or his delegates from time to time during offloading operations. In addition to other measures used to assure conformance with these requirements, offloading areas shall be washed down with water under pressure of at least 50 pounds per square inch (gauge). Water from the Municipal Water supply shall not be used for this purpose. 

1-8-4               Licensees shall be subject to fines or suspension or revocation of their licenses for violations of these regulations, Federal, State, and local By-Laws, regulations and lawful orders of the Marine Superintendent or his delegates.

1-8-5               All state and federally licensed seafood offloaders shall be allowed to pack out through the lessee of MacMillan Pier Offloading Spaces, with the fee therefore to be determined by the lessee. Fees shall not discriminate in regards to residency of offloaders.  All offloading fees and discounts based on volume or membership shall be posted in a conspicuous place permanently fixed about the offloading station and Harbormasters office.

1-8-6               Vessels berthed at the east facing finger piers may offload their catch of fish or seafood into their own vehicles or into a vehicle which is rented or leased to them but not sub-leased to them.  This offloading may take place adjacent to the east facing finger piers or at an area designated by the Pier Manager.

1-8-7               Vessels listed on float space licenses may offload into their own vehicles or into a vehicle which is rented or leased to them.  This offloading may take place at an area adjacent to their float space.

1-8-8               Seafood offloading on MacMillan Pier is restricted to Pier Offloading Spaces, the area adjacent to the east facing finger piers as noted in Section 1-8-6, the approach pier as detailed in Section 1-8-7, or an area temporarily designated by the Pier Manager or Harbormaster due to special circumstances such as weather or safety concerns.

1-8-9               Any person off-loading seafood from MacMillan Pier shall do so only in locations approved by the PPPC or its designee.  No person shall conduct seafood or gear off-loading from any portion of MacMillan Pier, including the courtesy float, without obtaining a permit issued by either the PPPC or the entity authorized by the PPPC pursuant to a lease or other written agreement between the PPPC and such entity, to issue such permits for seafood and gear off-loading operations, and paying the established fee to either the PPPC or its designee, as directed by the PPPC. 1

 

Article 9.        Pollution Prevention

1-9-1               Waiting vehicles shall turn off their engines while in the ferry terminal area of MacMillan Pier or on the direction of the Harbormaster or Pier Manager.4

1-9-2               Garbage, sewage, and refuse shall be properly disposed of.  Persons using the Pier shall wash down the Pier surface after unloading fish and at other times as required.

1-9-3               Waste oil and used engine oil and batteries shall be properly disposed of in the waste oil container at the Provincetown Highway Department or other authorized facility and shall not be left on the Pier. Violators may be subject to ticketing. Each day shall be a separate offence.4

1-9-4               See also Provincetown General By-Laws, Chapter 12.

1-9-5               Fueling of vessels at the Pier shall be prohibited except by properly licensed delivery trucks whose companies and vehicles have applied for and received an annual Fuel Delivery Permit

1-9-6               Hoses for fuel delivery may not be routed across open water.  No deliveries may be made to vessels in the floating dock slips beyond the second slip from the Pier.

1-9-7               Sale of oil and related products to vessels on MacMillan Pier must have the name of the vessel indelibly written on each package, container or drum by the vendor. Failure to comply with this regulation will result in revocation of the Fuel Delivery Permit.

 

Article 10.      Fees

1-10-1             Fees for uses permitted on the Pier shall be as established from time to time in accordance with Chapter 13 of the Acts of 2000.  Unless otherwise provided by law or by-law, the PPPC shall establish all fees under this Chapter.

 

Article 11.      Penalties

1-11-1             Violations of any provisions of these regulations, may be penalized by a non-criminal disposition as provided under Massachusetts General Laws, Chapter 40, Section 21D.  Each day on which a violation exists shall be deemed a separate offense.

1-11-2             Licensees, transient vessels, and other users of MacMillan Pier who fail to pay the required fees and/or fail to comply with other requirements for use of the Pier by the time deadline for same shall forfeit use privileges at the Pier forthwith and may be subject to collection procedures. In the case of licensees, the PPPC may at its discretion, elect to hold a show cause hearing in lieu of immediate suspension of privileges. Continuation of a violation shall constitute a trespass.  Violators may be subject to the Town's and PPPC’s remedies and penalties therefore in addition to other applicable penalties.

1-11-3             Penalties for violations of other laws, regulations, court orders, etc., shall be prescribed under the laws, etc. concerned.

1-11-4             Deleted April 5, 2004

1-11-5             Deleted April 5, 2004

Article 12.      Dinghy Dock

1-12-1             The skiff-dinghy dock shall be made available only to vessels which are less than maximum 16 feet in length, do not have a steering wheel and are used to access a properly authorized mooring or a transient vessel at anchor.  Docking and berthing privileges may be denied to any vessel, which in the opinion of the Pier Manager or Marine Superintendent is not in a safe, sound and seaworthy condition or which poses a hazard to other vessels.  The skiff-dinghy dock may also be used for commercial purposes as determined by the PPPC.

1-12-2             Vessels may use this dock on a transient basis, free of charge, for a maximum tie-up time of 7 hours except seasonal skiff-dinghy dock permit holders as described in section 1-12-3.  These transient vessels may not tie-up in the area marked with a yellow stripe that shall be reserved for said commercial dinghy dock permit holders.  For those desiring to tie up for more than 7 hours, Permits are available from the Pier Manager

1-12-3             Skiffs and dinghies may tie-up around the clock for the season at the skiff-dinghy dock upon receipt of a seasonal skiff-dinghy permit and sticker from the Pier Manager after paying the appropriate fee.  The sticker must be placed on the inside stern portside of the vessel so as to be seen from the dock.  These transient or permitted vessels may not tie-up in the area marked with a yellow stripe which shall be reserved for said commercial dinghy dock permit holders. Seasonal dinghy permits expire on December 31st, of the year issued.

1-12-4             Vessels holding a "commercial use" permit for the dinghy dock must use only the portion of the floats painted with a yellow stripe.  This area and these permits allow tie-up for the immediate embarkation and debarkation of passengers and gear.  All use is on first come first served basis and must at no time exceed 15 minutes of tie-up time.  Use of this dock for solicitation of customers, collection of fees from customers, and tie-up of unattended vessels is prohibited.

1-12-5             All vessels using the skiff-dinghy dock must be tied by the bow and shall provide adequate fenders on both sides to avoid damage to