Public
Notice
Mooring
and Harbor Regulations Amended
The Provincetown
Board of Selectmen held a public hearing on March 13, 2006 at
Provincetown Town Hall and then and there adopted the following changes
to the Mooring and Harbor Regulations.
Chapter 2- Mooring Regulations
2-3-2 No
mooring permit may be issued until the applicant files the designated
application with the Harbormaster, completed in full, along with the
appropriate fee and proof of payment of vessel excise tax (if applicable). The Harbormaster shall issue or deny a
request for a permit within fifteen (15) business days of receipt of
application. The Harbormaster shall
keep detailed description of all moorings, their locations, holder's name and
address, business and home phone numbers, date mooring was set, and name,
length, and type of vessel to be attached thereto. The Harbormaster may
revoke or suspend any mooring permit that is not properly marked with permit
number on a white float with a blue stripe in accordance with Federal
regulations.
2-3-3
Mooring applications will be accepted anytime of the year however those
received after June 30th April 15th will be subject to
a late-fee surcharge. Complete mooring
renewal applications must be received by June 30th April
15th of the given calendar year.
Those renewals which are not received by this date will be considered
abandoned and the space may become available for another permittee. For an Individual mooring application to be
considered complete it must include all applicable items stated in section
2-3-2. For rental mooring applications
of 1 to 19 moorings the applicant must also include a copy of an Army Corps of
Engineers approval as described in section 2-3-8. For a rental mooring field (20 or more) application to be
considered complete it must include the following: facility descriptions as
specified in section 2-7-1, a plan as described in section 2-7-2, and a valid
copy of an Army Corps of Engineers approval as described in section 2-3-8. Fees for rental mooring applications must be
received prior to the placement or use of any mooring gear in the harbor.
2-3-5 No individual mooring permit shall be sold,
transferred, swapped, reassigned, or rented.
No person shall cause any vessel to be attached to said mooring unless
said vessel is described in the aforesaid application, except for the
circumstances described in Sections 2-3-13 and 2-3-14 of these
regulations. Furthermore, the
Harbormaster may permit in writing the use of a mooring by another vessel. No rafting of vessels, floats or rafts
is allowed in restricted areas without advance permission of the
Harbormaster.
2-4-3 The
Harbormaster may periodically inspect all moorings in Provincetown Harbor to
enforce all regulations. If equipment
is defective and/or there is a violation of the regulations, laws, or by-laws,
the Harbormaster shall notify the holder in writing. Said holder shall correct said defective condition within a
reasonable time, such time not to exceed fifteen (15) days. After such time the Harbormaster may lift the
mooring and drop the pennant and chain at the holder's expense and may
revoke of suspend the mooring permit.
If an emergency exists, the Harbormaster may do so immediately. If
the owner is unknown and/or the mooring does not have a valid mooring permit
number on it the Harbormaster shall attach a warning buoy to the mooring. If
the owner does not comply with all regulations concerning moorings within 15
days the mooring and gear shall be considered abandoned. The Harbormaster may
charge fees for the use of personnel/patrol boats to verify compliance of
mooring regulations.
2-4-5 Any abandoned (for 1 year or more not
renewed by June 30th) mooring tackle, including blocks, found in
the harbor will be the property of the Town of Provincetown and must be
reported to the Harbormaster for disposition.
2-4-6 Anyone who moors in Provincetown Harbor does
so at their own risk. The Town of Provincetown, Provincetown Public Pier
Corporation and their officers and employees are is not responsible
for any damages or liability from public use of the harbor or moorings.
2-6-3 The owner of a mooring who places it without
authorization is subject to ticketing and/or removal by the Harbormaster at the
expense of the mooring owner. If the
owner is known they shall be given 5 days written notice to remove the
unauthorized mooring. If they do not
remove it within this time the mooring gear and buoy shall become the property
of the Town of Provincetown. If the owner is unknown the Harbormaster shall
attach a warning buoy to the mooring. If the owner does not comply will all
regulations concerning moorings within 15 days the mooring and gear will be
considered abandoned.
2-8-2 The Restricted
Zone shall be the area from a line drawn from the East end of the Breakwater to
The Ice House beach access steps Young’s Court, and the west
end of the breakwater extending to the southernmost bulkhead of the
Provincetown Inn shoreward to the Historic following the line of
Mean High Water to the U.S. Coast Guard Pier, extending along the Coast
Guard Pier to a point where it intersects with a line extending from the West
end of the Breakwater in a straight line to just off the Southerly end of the
Coast Guard Pier. No rafting, no
floating dry docks, no rafts and no barges are allowed in this area except for
those permitted prior to January 1, 1995 without the written permission of
the Harbormaster.
2-8-4 No new
moorings will be allowed in the Fairway as posted in the Coast Guard's
"Local Notice to Mariners" (12/1/81) and as noted in the Provincetown
Mooring Map ("Plan of Provincetown Harbor, Mass.," 11/27/91,
C12-648). Renewal of moorings in the
Fairway will be subject to the discretion of the Harbormaster and may be
prohibited if the U.S. Coast Guard objects, if it is a hazard to navigation.
Anchoring in the Fairway is prohibited. No new moorings will be allowed in
the 100 foot wide fairway from the West End Boat Ramp seaward for 1000 feet.
2-8-5 An area seaward of the West End
Racing Club (WERC) as outlined on the Harbormaster mooring charts is designated
for use by WERC for children swimming and sailing instruction and mooring club
owned vessels under non-profit status conferred by 2-3-7. All pre-existing
moorings inside this zone are grandfathered until such time as the permit
holders give up or abandon their moorings.
2-9-3 In areas where no additional spaces are
available for individual or holding moorings, applications shall be placed upon
a waiting list maintained at the office of the Harbormaster. The waiting list shall be a public document
and shall be posted. The waiting list
shall include all applicants in chronological order by date of original application
and will include a description of the physical characteristics of the
applicant's vessel, contact information and receipt of annual fee. The person at the top of the waiting list
shall have priority to obtain the next available location if the vessel is not
too large for the space available. The
person may waive the right to the next available location if it is not in a
convenient location, without losing his or her place at the top of the waiting
list. In the event of a waiver, the
next person on the list shall be offered the location, and if that person
waives the right to the location, the next successive person shall be offered
the location, etc., all subject to the size of the vessel, until someone in
succession on the list takes it and registers a mooring there. Notice to the person entitled to the next
available mooring shall be in writing.
If that person does not accept and submit an application for the mooring
within 10 days, the offer will be considered waived. It shall be the responsibility of the
applicant to keep all information on the application current. Applicants
shall annually renew waiting list applications and pay the annual fee by March
30th to remain on the waiting list.
Chapter 3- Harbor
Regulations
3-1-2 Public
Beaches: Beach property, located landward of the mean low mean-high
water shoreline, which is owned by the Town of Provincetown or that which is
owned by the State of Massachusetts and under the control of the Town of
Provincetown.
a) Dinghy storage areas: Public beach areas located landward of the
mean-high waterline as designated by the Provincetown Harbor Plan.
3-1-3 a)
Dinghy: A small, low-powered vessel used exclusively to access another
vessel within the harbor.
3-1-5
Primary No Wake Zone Primarily defined by the inner harbor
breakwater and extending westward in a line to the southern most bulkhead of
the Provincetown Inn and extending eastward to the Ice House beach access
steps. East of Ice House / Howland Street the zone is 1000’ feet from the
water’s edge.
a) Large Vessel No Wake Area The area within
the primary fairway between the Long Point green buoy(G3) and the west end of
the inner harbor breakwater (R4) extending southward from the breakwater for
500 (five hundred) yards.
3-1-6 Transient Vessel Vessels, primarily intended for cruising or
fishing, with a home port other than Provincetown, which are visiting
Provincetown Harbor for fewer than 6 (six) days.
3-1-7 Live-a-boards Vessels mooring, anchoring or
berthing within the harbor for a period of 7 (seven) days or more, which are
regularly used for overnight accommodation of 1 (one) or more persons.
3-1-8 Houseboat Any floating craft which is not a
registered or documented vessel, is restricted in its ability to maneuver under
its own propulsion, and/or for which the primary purpose is as a domicile or to
provide overnight accommodations.
3-1-9
Resource Area Any and all portions of Provincetown Harbor
as defined by the Provincetown Harbor Plan, including the tidal areas and
beaches up to the Historic High Water Line.
3-2-1:
Vessels, including their lines and anchors, shall not be located on
public beaches unless they receive written authorization and appropriate permits from the
Harbormaster. The owner of any
unauthorized vessel which is located on a public beach shall be subject to
ticketing and/or removal and storage at the expense of the owner.
3-2-2: Vessels, including their lines and anchors, shall not be located
on private beaches or private property without written authorization from the
property owner, a copy of which
shall be provided to the Harbormaster Office. The owner of any unauthorized vessel which is
located on a private beach shall be subject to ticketing and/or removal and
storage at the expense of the vessel owner.
3-2-3 Dinghies routinely stored above the
mean-high waterline along the beaches must first obtain a permit from the
Harbormaster. The Harbormaster shall issue a beach dinghy permit upon formal
application and payment of all fees. Permit stickers must be affixed to the
vessel as required. Permits are valid through December 31st of the
year issued.
a) Dinghies stored
on the beach shall not impede the use of the Town Landings or private property
at any time.
b) Any dinghy routinely stored on the beach
which is not permitted, or in the consideration of the Harbormaster, posses a
hazard to other vessels, property, or the resource area, may be ticketed and or
removed and stored or disposed of at the owner’s expense. Any dinghy removed
and stored, which is not claimed within 30 days is subject to disposal by the
Harbormaster. Removal fees are $50 (fifty) per vessel. Storage fees are $5
(five) per day.
Article 3. Courtesy Float/Skiff Dinghy Dock
These regulations are located in Chapter 1, Article 12 of Pier
Regulations.
3-3-1: The courtesy float shall be available for
use by boaters for a maximum tie-up time of 15 minutes. There shall be no commercial use of the
courtesy float unless the use has been authorized by the Board of Selectmen.
3-3-2: 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 Harbormaster 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 Harbor Committee and
Harbormaster
3-3-3:
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 3-3-4. These
transient vessels may not tie-up in the area marked with a yellow stripe which
shall be reserved for said commercial
dinghy dock permit holders. For those
desiring to tie up for more than 7 hours, Stickers are available from the
Harbormaster
3-3-4: 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
Harbormaster after paying the appropriate fee.
The sticker must be placed on the bow port-side of the vessel. These transient vessels may not tie-up in
the area marked with a yellow stripe which shall be reserved for said
commercial dinghy dock permit holders.
3-3-5:
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 serve 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.
3-3-6: All
vessels using the skiff-dinghy dock must be tied by the bow and shall provide
adequate bumpers on both sides to avoid damage to other vessels, the dock and
MacMillan Pier. All individuals who tie
their vessel to this facility do so at their own risk. Any damages caused by this vessel shall be
the responsibility of the vessel owner.
In severe weather conditions the vessel owners must remove their vessels
from the dock. The Town of Provincetown
shall not be held responsible for any damages or loss of property.
3-3-7: No gear, skiffs, debris or equipment shall
be left on the deck of the skiff-dinghy dock.
Violations of any of these rules will subject the violator to ticketing,
removal and storage fees and loss of permit and docking privileges.
3-4-2: Absolutely no wake is allowed in the anchorage or active of mooring
areas. Speed is not to exceed 5 miles
per hour, or the minimum speed required for steerage, whichever is less. These areas include the restricted zone as
defined in section 3-1-5 2-8-2, an area which continues the line off
the South end of the Coast Guard pier Westward to a point at the South end of
the Provincetown Inn and an area shoreward from a line Eastward from the East
end of the Breakwater to the Truro town line. No vessel transiting between Long Point and the inner harbor
breakwater shall endanger another with its wake.
a) Vessels
that are rated by the USCG at 50 (fifty) toms or more shall reduce speed to NO
WAKE a distance of not less than 500 (five hundred) yards south of the breakwater
(R4).
3-4-4 Personal Watercraft, for consistency
with PWC Marked Channel General By-law, to read as follows: “The operation of
personal watercraft shall be prohibited on
the tidal waters of Provincetown Harbor and any adjoining river, inlet, cove,
pond, embayment or harbor westerly of a line running from the
Provincetown/Truro town line to Long Point Light, with the exception of a
marked channel in which personal water craft may pass through Provincetown
Harbor operating at headway speed. Said marked channel shall begin at the Good
Templar Landing West End parking
lot thence to Long Point Buoy marker #3 within Provincetown Harbor, as
shown on a plan on file in the office of the Town Clerk. No personal watercraft
shall be launched from any location in Provincetown Harbor except the boat
launching ramp at the Good Templar Landing West End Beach, and
any personal watercraft using said boat launching ramp shall be registered with
the Provincetown harbormaster. The rental of personal watercraft shall be
prohibited in Provincetown Harbor except for such businesses providing
qualified escorts in said marked channel.
The purpose of these escorts is to ensure that all state and local
regulations concerning the operation of these watercraft are observed. A
"qualified escort" is an individual designated by the manager of a
personal watercraft rental business to observe and supervise renters of
personal watercraft. These escorts shall have experience in safe operation of
personal watercraft and knowledge of all state and local regulations pertinent
to the operation of personal watercraft.
Article 6 Live-a-boards
3-6-1 the
Harbormaster shall have the authority to determine if a vessel meets the
definition of a live-a-board. The activities aboard vessels and houseboats used
to live-a-board is regulated for the safety and enjoyment of all persons using
the harbor and to protect the environmental health of the resource area.
a) Unless otherwise connected to a shoreside waste removal system, a live-a-board vessel must have a holding tank of not less than 10-gallon capacity. The waste system must be equipped with a Y-valve that can be secured such that overboard discharge outlets are closed. The Harbormaster may, with the permission of the vessel owner, place wire-ties on the Y-valve to close overboard outlets and inspect the Y-valve periodically to assure the wire-ties have not been removed. The Harbormaster may, with the permission of the vessel owner, place dye tabs into the holding tank as a means of monitoring the vessels overboard discharge.
b)Taking on of potable water by
these vessels at MacMillan Pier and the courtesy float is under the direction
of the Harbormaster and shall be charged at the rate specified in Appendix B.
c) No special parking privileges are
provided to occupants of live-a-board vessels or houseboats.
Appendix B
Mooring Permit Late
Fee $10.00 $25.00
Charges for use of
Staff/Patrol Boat $25.00 per 30 minutes
Beach Dinghy permit no
charge
Boat removal fees $50
Boat Storage Fees ` $5 per day
Mooring Waiting list
Fee $10
per year
Cheryl Andrews, Chairman
Provincetown Board of
Selectmen
Posted: Town Hall, www.provincetown-ma.gov : March 17,
2006 9:15 am dj
Advertised: Provincetown
Banner: March 23, 2006