Town of
Harbor
Regulations
Mooring
Rules and Regulations
Approved
Amended
Amended
Amended
Amended
Amended
TOWN OF
HARBOR
REGULATIONS
TABLE
OF CONTENTS
Chapter Title Page
1 MacMillan
Pier Regulations 1
2 Mooring
Rules and Regulations 10
3
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
Amended
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1, MacMillan Pier will be superceded by these regulations upon passage.
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.
1-2-1 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.
Article 3. Use
of Pier
Article 4. Public
Access
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.
Article 5. Vehicles
and Parking
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 (
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.
1-10-2 Transient Charter Fishing Operations shall purchase an annual permit prior to pickup and the discharge of passengers for hire from the floating dock located at the west end of “T” section of the pier. The scheduling of transient charter fishing passenger embarkation and disembarkation will be at the discretion of the harbormaster.8
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
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 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 or PPPC shall not be held responsible for any
damages or loss of property.
1-12-6 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.
1-12-7 Any
dinghy owner wishing to lock the vessel to the dock shall provide a key to the
Pier Manager. The Pier Manager is authorized to remove any lock deemed necessary
at any time.3
-12-8 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, including the pick up and disembarkation of Charter Fishing
Boat passengers, the of the courtesy float unless the use has been authorized
by the Board of Selectmen.3 As per article 1-8-9 the use of the courtesy
float for local fishermen/shellfishermen to offload fish/shellfish or gear is
permitted upon permission of the harbormaster.8
1-13-1 The structure and area adjacent to
the east side of the pier, at the shoreline, referred to as the “timber
grounding frames” is subject to all general by-laws and regulations of the
Pier. Use of this area is primarily for the use of pier tenants, and is
regulated by the Pier Manager.3
1-13-2 Any vessel wishing to use this area
must first obtain written permission and schedule use of the space, Fees apply
for transient use and maximum transient tie-up in this area is three days. Fees
for this area are the same as transient rates for dock space.3
1-13-3 Parking is prohibited on the
approach pier adjacent to this area except for loading and unloading of
equipment, which shall be limited to a maximum of 15 minutes. Parking is prohibited
in this area between the hours of 9 a.m. and 4:30 p.m. between May I5 and
September 15.3
1-13-4 Use of
potable water, in this area, from any faucet located on Town property is
prohibited.3
1-14-1 Licensees
whose vessel berth is located on or attached to MacMillan Pier who allow
themselves, crew or other persons to live-a-board the vessel may be subject to
additional charges for potable water and will be subject to all regulations in
Article 14 regarding live-a-boards.3
1-14-2 Live-a-board vessels must have
holding tanks or other suitable means of containing septage or human urine and
feces.3
1-14-3 MacMillan Pier and the
Harbormasters office is not to be considered a mail drop or message center
without prior approval of the Harbormaster or Pier Manager. When an emergency
arises we will try to make contact with the affected parties but will not be
held responsible for missed messages or deliveries.3
1-15-1 If any provision of these regulations is held invalid or inoperative,
the remainder shall continue in full force and effect as though such invalid or
inoperative provisions had not been made.
1-15-2
All signs to be posted on MacMillan Pier, booths or
buildings, facilities or attached to the pier shall be approved in advance by
the Pier Manager.2
Adopted
April 5, 2004
1) Revised
October 21, 2004
2) Revised
March 31, 2005
3) Revised
March 9, 2006
4) Revised
March 22, 2007
8) Revised
February 28, 2008
Chapter 2
MOORING
RULES
Approved
and Amended by the Provincetown Board of Selectman
Adopted
12/12/91
Amended
12/28/92, 12/13/93, 12/12/94, 12/26/95, 12/30/96, 3/13/06
Effective
1/1/97
Article 1. Authorization
2-1-1 These rules and regulations are
adopted by the Provincetown Harbormaster, pursuant to Chapter 91, Section 10A,
of the Massachusetts General Laws and 310 CMR Department of Environmental
Protection, Sections 9.07 and 9.39; and approved by the Provincetown Board of
Selectmen. Further, these rules and
regulations as part of the Mooring Plan are adopted by the Board of Selectmen
pursuant to Provincetown Charter, Chapter 4, Section 4-2-1 and 4-3-2, whereby
the Board of Selectmen is the primary policy making, planning, and goal setting
agency of the Town.
Article 2. Definitions
2-2-1 Provincetown Harbor: The waters extending from the shores of
Provincetown to a line drawn from Long Point to the Provincetown/Truro line.
2-2-2 Harbormaster: All duties, responsibilities and references
to the term Harbormaster described herein shall be duly delegated to the Marine
Superintendent, and shall, for the purposes of enforcement under Article 6
only, also include assistant harbormasters duly appointed by the Town Manager.
2-2-3 Vessel: Includes ships of all kinds, barges, sailing
vessels, watercraft and powerboats 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 or
habitation23
merchandise, people, or for any other purpose.
2-2-4 Vessel Owner: The person listed as owner on the Certificate
of Registration or the Documentation Certificate.
2-2-5 Vessel of Record: The vessel identified on the Mooring Permit
application.
2-2-6 Mooring: A semi-permanent anchorage installation,
consisting of a heavy anchor or block, a mooring buoy, and pennant.
2-2-7 Individual Mooring: A single non-rental mooring used by a person
for a specific vessel as identified on the approved permit.
2-2-8 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.5
2-2-9 Rental Mooring: A mooring for which any type of fee is
charged including moorings offered by marinas and yacht clubs for transient or
seasonal rental and moorings offered by hotels, motels, inns, and guest houses
as part of their facilities. This
includes moorings which hold vessels which are for sale or rent.
2-2-10 Mooring Permit: Written authorization by the Harbormaster to
place mooring equipment within Provincetown Harbor on a temporary annual
basis. All mooring permits expire on
December 31st of the given calendar year.
2-2-11 Anchor: To hold a vessel in place by lowering a heavy
weight into the water by chain, cable or rope.
2-2-12 Anchorage Area: Area designated for anchoring.
2-2-13 Person: Includes an individual, a receiver, a
trustee, a co-partnership, joint ventures, a firm, an unincorporated
association, a syndicate, a trust, a corporation, or any entity.
2-2-14 Resident: Resident real estate tax payers, year round
tenants, non-seasonal tenants (6 months or more of the calendar year) of
residential dwellings located within the Town of Provincetown. Proof of Residency: Current real estate tax bill, non-seasonal
lease or valid Massachusetts Operators License or any other ID issued by the
Massachusetts Motor Vehicle Registration, both listing a residential dwelling
within the Town of Provincetown. The
address of a Post Office Box is not acceptable as proof of residency.
Article 3. Mooring
Permits and Fees
2-3-1 Any person wishing to moor a vessel
or raft in Provincetown Harbor must first obtain a mooring permit from the
Harbormaster before any groundtackle, including the block, is installed. Moorings that are established or placed
without such authorization may be subject to immediate removal, dropping,
ticketing or tagging by the Harbormaster at the owner's expense. Any person who is improperly using a mooring
or is using an unauthorized mooring shall be subject to ticketing.3
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. 26
2-3-3 Mooring applications will be
accepted anytime of the year however those received after June 30th
will be subject to a late-fee surcharge.
Complete mooring renewal applications must be received by June 30th
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.26
2-3-4 With the exception of holding and
rental moorings, one permit per vessel will be issued to the owner of the
vessel. At the harbormaster's
discretion, one in-shore and one off-shore mooring may be issued in areas of
extreme tidal ranges where the owner will pay the same fee for each mooring
separately.1
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.2,5
2-3-6 Upon the death of a mooring permit
holder, the permit may be transferred to the holder's spouse, domestic partner,
or other immediate family member so long as all of the conditions in Chapter 2
of the Provincetown Mooring Rules and Regulations are followed.6
2-3-7 Mooring permit fees shall be as set
forth in Appendix B. Individual Mooring Permit fees may be waived for non-profit
organizations. Such waiver requests must
be reviewed by the Harbor Committee who will make their recommendation to the
Board of Selectmen.3
2-3-8 Rental moorings must have an Army
Corps of Engineers Permit as well as the local permit to be valid. Applicants for any type of rental mooring
permit must submit proof of a current permit from the Army Corps of Engineers,
or proof that the rental mooring applicant has submitted all the correct
information as required by the Army Corps of Engineers to show they are in
substantial compliance with the federal application process. Failure to comply with the above will result
in denial of the application. A rental
mooring application may be given conditional approval subject to the condition
that the applicant will not place any mooring gear in the harbor until approval
has been received by the Army Corps of Engineers.
2-3-9 Any applications for any new or
amended rental mooring fields must first be reviewed by the Harbor Committee (
2-3-10 The holder of a mooring permit
shall cause his mooring identification number to be painted or attached to the
mooring buoy of said mooring. Any
mooring not properly marked may be removed by the Harbormaster. Individuals removing their mooring buoys
shall have their mooring clearly marked with their identification number at all
time using a method that is legible and permanent.6
2-3-11 An identification sticker bearing
the mooring permit number will be issued to each registered individual mooring
holder upon issuance of the mooring permit.
This sticker MUST be attached to the outside of the hull of the vessel
of record, aft on the port side.
2-3-12 Moorings shall only be placed in
locations approved by the Harbormaster.
No movement of moorings will be allowed without the previously obtained
written permission of the Harbormaster.
Failure to abide by this regulation may result in the loss of mooring
location, removal at the owner's expense or ticketing.3
2-3-13 Individuals who own more than one
vessel and more than one mooring who wish to rotate their vessels on their
moorings may do so provided that all vessels and moorings have Individual
Mooring Permits and that approval is granted by the Harbormaster.3
2-3-14 Individuals who require a dinghy to
access their primary mooring may place this dinghy on said mooring provided
that it has been listed on the mooring permit.
The dinghy owner shall place the mooring permit number on the stern in
two-inch high letters.3
Article 4. Mooring
Equipment
2-4-1 Any mooring may be inspected and
its owner may be ordered by the Harbormaster to remove, relocate, or replace
it, whenever, in the judgment of the Harbormaster, the safety of other vessels
or the optimum use of the area requires such action. The expense of such removal shall be the
responsibility of the owner. Except in
emergency situations, an owner shall have at least fifteen (15) days to
relocate or remove a mooring when so ordered by the Harbormaster.
2-4-2
All mooring equipment may be inspected by the Harbormaster prior to
installation. The Harbormaster may
reject any equipment that he/she deems inadequate for the vessel and/or
location. All moorings must be
maintained on a yearly basis. An underwater inspection of existing moorings
will be required every two years at the mooring holder's expense. Those moorings with odd permit numbers will
be inspected in odd-numbered years; those with even permit numbers will be
inspected in even-numbered years. The inspection must be performed by a
qualified diver from a list approved by the Town. The inspection must be on file prior to
renewal of the mooring permit for the following calendar year; otherwise, it
may be grounds for non-renewal. The
Harbormaster shall order mooring holders upon the recommendation of the
inspecting diver to have said mooring lifted at holder's expense for visual
examination by Harbormaster to determine its condition. Mooring tackle determined by the Harbormaster
not to be serviceable or not in conformance with Mooring Ground Tackle
Regulations established herein will result in the removal by the Harbormaster
of the vessel-of-record assigned to the mooring. Mooring equipment which is
visible at low tide shall be inspected by the Harbormaster.4
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.26
2-4-4
Mooring weights and specifications are recommended minimums as follows:1,4
|
Boat Heavy Light |
|
Length Block or Block/Stone Chain Chain Pennant |
|
Up to Stone Wgt Dimensions Diameter Diameter Nylon |
|
12 ft 200 lb 18
x 18 x 6" 3/8" 1/4" 5/16" |
|
16 ft 300 lb 20
x 20 x 8" 3/8" 5/16" 3/8" |
|
18 ft 800 lb 30
x 30 x 8" 1/2" 3/8" 7/16" |
|
25 ft 1,000 lb 40 x 40 x 8" 5/8" 3/8" 1/2" |
|
35 ft 2,000 lb 48 x 48 x 8" 3/4" 1/2" 5/8" |
|
45 ft 4,000 lb 60 x 60 x 12" 3/4" 1/2" 3/4" |
|
55 ft 6,000 lb 72 x 72 x 12" 3/4" 9/16" 1" |
|
|
Mushrooms must not be used. Pennants
must have a thimble spliced where rope and chain connect. Pennants must have chafing gear where pennant
passes through the chocks. Stone weight
is approximately 170 lbs. per cubic foot.
Reinforced cement concrete weighs approximately 160 lbs. per cubic
foot. Heavy chain - depth at low water
plus five feet. Light chain - maximum
length, depth at M.H.W. plus ten feet.
Pennant length - 2 1/2 x bow free board.
Chain floatation - styrofoam.
Mooring number must be on the float. Vessels having high freeboard or
windage may be required to have larger moorings than proscribed above. Determination is to be made by the
Harbormaster.24
2-4-5
Any abandoned (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.26
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 not responsible for any damages or liability from
public use of the harbor or moorings.26
Article 5. Water Quality
2-5-1 No person will intentionally25
discharge or spill oil, sewage, gray water, holding tank wastes, spirits,
flammable liquids, contaminated bilge wastes, kitchen wastes, garbage, litter,
or other refuse into Provincetown Harbor.
Any person caught or observed discharging such wastes into Town waters
WILL BE PROSECUTED TO THE
2-5-2 It shall be the responsibility of
the holders of rental moorings to inform all vessels of pumpout requirements in
Provincetown and of procedures for obtaining them.
2-5-3 The Harbormaster may place dye tabs
in any vessel at any time he deems necessary.
Article 6. Enforcement
2-6-1 Improper use of a mooring permit,
failure to remedy any defective condition, or other violation of any provision
of these regulations may cause cancellation of the mooring permit and 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 and be subject
to a fine of $50.00 for each offense.
2-6-2 The Harbormaster shall give a
fifteen (15) day notice in writing to the holder of such cancellation. The mailing of a notice to the holder at the
address designated on his application shall be deemed to be sufficient notice
of cancellation. Upon the cancellation
of said mooring permit, it shall be the responsibility of the holder of said
mooring permit to immediately remove said mooring and gear. If the holder should fail to remove said
mooring within thirty (30) days, said mooring and gear shall become the
property of the Town of Provincetown.
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.26
Article 7. Rental Moorings
2-7-1 Holders of rental mooring permits
for mooring fields of twenty (20) moorings or greater shall provide adequate
services including access to boat pump-out facilities, trash and other waste
disposal, potable water supply, dinghy tie-up space, restrooms, and showers.
2-7-2 They shall also be required to have
a sequential numbering system which is clearly delineated on a plan which is to
be included in their application.
2-7-3
[Deleted]
Article 8. Zones and Anchorage Area
2-8-1 Rental mooring zones shall be
restricted to the following areas as shown on a map dated November 27, 1991
entitled "Plan of Provincetown Harbor, Mass. (C12-648)," which is on
file with the Town Clerk's Office:
Upon a showing that rental moorings are negatively contributing to water
quality and/or public safety, the total number of rental moorings may be
decreased by the Harbormaster following conference with the Board of Selectmen,
Harbor Committee, Board of Health and Mooring permit holder(s).
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, and the west end of the breakwater extending to the
southernmost bulkhead of the Provincetown Inn shoreward to the Historic Mean
High Water. 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.26
2-8-3 Anchorage its available in all
areas with the exception of the Rental Zones, and the Fairway at the discretion
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.26
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.27
Article 9. Allocation of Moorings
2-9-1 Mooring permit numbers will be the
same as the shot number on the Plan of Provincetown Harbor (C12-648) if one
exists. Otherwise, the Harbormaster will
continue the numbers as used for the shots and may reissue a shot number if a
mooring is considered abandoned or if the mooring must be relocated.
2-9-2 The Harbormaster will first offer a
mooring to be renewed by the prior mooring holder. If a mooring permit is not renewed per
section 2-3-3, or if it is abandoned, the space may be offered to another
permittee. If a mooring holder has
renewed his mooring but does not have his own vessel on the mooring for a
period of one year, the mooring location reverts to the Town of Provincetown
and the provisions of section 2-6-2 apply.
Extensions may be granted at the discretion of the Harbormaster.
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. Applicants shall
annually renew waiting list applications and pay the annual fee by March 30th
to remain on the waiting list.26
Article 10. Miscellaneous
2-10-1 If any provision of these
regulations is held invalid or inoperative, the remainder shall continue in
full force and effect as though such invalid or inoperative provisions had not
been made.
2-10-2 These Regulations may be amended by
the Board of Selectmen following a public hearing. The Harbor Committee may make recommendations
to the Board of Selectmen for amendments.
The Board of Selectmen must hold their public hearing with due published
notice.19
Chapter 3
PROVINCETOWN
HARBOR
Approved
and Amended by the Provincetown Board of Selectman
Adopted
12/13/93 Amended 5/23/94, 12/26/95, 1/22/95, 9/12/96, 12/30/96,3/13/06
Effective
1/1/97
Article 1. Definitions:
3-1-1 Private Beaches:
Beach
property, located landward of the mean-high water line, owned by a private
party.
3-1-2 Public Beaches: Beach property, located landward of the mean
low 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.26
a) Dinghy storage areas: Public beach areas located
landward of the mean-high waterline as designated by the Provincetown Harbor
Plan.27
3-1-3 Vessel:
Includes
ships of all kinds, barges, sailing vessels, watercraft and powerboats of any
type or kind by whatsoever means propelled, every structure designed, adaptable
or capable of being navigated, towed, or operated on water from place to place
for the transportation of merchandise, people or habitant20, or for any other
purpose.
3-1-3 a) Dinghy: A small, low-powered vessel
used exclusively to access another vessel within the harbor.27
3-1-4 Personal Watercraft (PWC): Personal Watercraft ("PWC"): A
vessel propelled by a water-jet pump or other machinery as its primary source
of propulsion that is designed to be operated by a person sitting, standing or
kneeling on the vessel rather than being operated in the conventional manner by
a person sitting or standing inside the vessel.
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.27
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.27
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.27
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.27
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.27
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.27
Article 2. Beaches:
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. 26
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.26
3-2-3 Dinghies and vessels routinely
(more than seven consecutive days) stored above the mean-high waterline along
the beaches must first obtain a permit from the Harbormaster. The Harbormaster
shall issue a beached boat ID 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.5
a) Dinghies and vessels stored on
the beach shall not impede the use of the Town Landings or private property at
any time.
b) Any dinghy or vessel routinely
(more than seven consecutive days) 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 or vessel removed and stored,
which is not claimed within 15 days is subject to disposal by the Harbormaster.
Removal fees are $50 (fifty) per vessel plus towing, disposal or other costs
incurred. Storage fees are $25 (twenty five) per day.5
Article 3. West
End Ramp and Trailer Parking Area: 5
3-3-1 Parking for trailers without boats
is allowed for up to 24 hours in the designated area next to the launching
ramp. No vessels or floats may be stored
in this area without prior authorization of the Harbormaster. Violators shall be subject to ticketing
and/or towing. Violators of this
provision of the regulations may be penalized by a non-criminal disposition as
provided under Massachusetts General Laws, Chapter 40, Section 21D issued by a
Harbormaster or Police Officer. Each day
on which a violation exists shall be deemed a separate offence.
3-3-2
Anyone who uses the West End Launching Ramp or trailer parking area does so at
his or her own risk. The Town of
Provincetown, Provincetown Public Pier Corporation and their officers and
employees are not responsible for any damages or liability from public use of
the facilities.
Article 4. Provincetown
Harbor:
3-4-1:
The owner of any vessel which is in the waters of Provincetown Harbor
and is determined by the Harbormaster to be unsafe, unfit or a hazard to
navigation shall be ordered to remove said vessel from the harbor. Failure to remove the vessel in a timely
manner shall subject the owner to ticketing and/or removal and storage charges.
3-4-2: Absolutely no wake is allowed in the
anchorage or active 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. No vessel transiting between Long Point and
the inner harbor breakwater shall endanger another with its wake.26
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).27
3-4-3 The Harbormaster shall survey all
vessels located within Provincetown Harbor on or about the first day of July
and on or about the first day of August.
The Harbormaster shall then report each vessel's registration number and
estimated length and age to the Board of Assessors not later than December
first of each year.
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 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, 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.26
3-4-5 Taking of shellfish or
finfish by mechanical means including but not limited to trawls, drags, rakes
and hydraulic gear with the assistance of machinery is prohibited within
Provincetown Harbor. This does not
include the use of manual rakes or other hand operated devices for the
collection of shellfish or baitfish with or without the use of scuba gear.5
Article 5. Enforcement:
3-5-1:
All vessels and persons in Provincetown Harbor 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, in 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 Massachusetts Department of Environmental Protection, and the Town
of Provincetown.” 23
Article
6 Live-a-boards27
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 A
MacMILLAN PIER VEHICLE RESTRICTIONS
Notice is hereby given of a
modification of Preliminary Injunction by Judge Shirley R. Lewis of the
Barnstable Probate Court in the Commonwealth of Massachusetts, on June 29, 1984
for MacMillan Pier in the Town of Provincetown, as follows:
MODIFICATION
OF PRELIMINARY INJUNCTION
After hearing, the Court finds that
the Preliminary Injunction shall be modified as follows:
General Conditions:
Annual inspections of MacMillan Pier
shall be conducted by a structural engineer, registered in Massachusetts as a
professional engineer, during the spring of each year.
A report of this inspection shall be
made and copies of same shall be provided to the Town of Provincetown and shall
be made available at Town Hall for inspections at reasonable times and to the
Barnstable Probate Court not later than the end of June of the year of
inspection.
Should the Town, at any time,
determine that conditions exist which, in the interest of public safety, should
be known sooner than provided above, it is the responsibility of the Town to
make same known to the Court without delay.
The conditions set forth in these
recommendations shall not affect or prejudice the right of the Town to
administer, bid, or lease MacMillan Pier or parts thereof or float spaces or
adjacent water rights.
Building Structures:
Use of all buildings and structures
on MacMillan Pier shall be in conformance with the Massachusetts Building Code.
The second floor of the Town owned
concrete block building on MacMillan Pier may be used for loadings of up to
seventy-five pounds per square foot.
Vehicular Use:
Vehicular use is permitted on
MacMillan Pier as follows:
For purposes of structural safety,
vehicles of rating greater than H2 [vehicles with any single axle load greater
than 6.4 tons (12,800 pounds) and/or a maximum gross vehicle weight of greater
than 8.0 tons (16,000 pounds)] shall be limited as follows:
Not more than one such vehicle is to
be in motion at any time.
Not more than two such vehicles
shall be parked at either of two existing loading areas at any time.
No fuel or ice truck or other
vehicle rated greater than H2 shall stop or park within 50 feet of designated
loading spaces at the two existing loading areas or within 50 feet of another
vehicle rated greater than H2.
One box-trailer, or storage, not
larger than the box-trailer portion of the standard H20-44
"semi-trailer" type of truck may remain on the pier adjacent and
directly to the South of the building located on the East end of the
"Tee" of the pier.
Vessel Use:
Vessel use is permitted at MacMillan
Pier as follows:
Except in strong winds, as defined
below, a total of 50 vessels may berth at MacMillan Pier, directly or to
vessels which are berthed at the pier.
If any vessels of overall length greater than 55 feet are among those
berthed, the maximum number of vessels allowed shall be 40.
For purposes of this requirement, a
vessel shall be any watercraft, scow, barge, float, etc. with length overall
greater than 15 feet and freeboard greater than 12 inches.
The motor vessel Provincetown II
shall be allowed to berth, subject to lease agreements, at the West end of the
"Tee" of the pier without being included in the vessel totals
above. At any other berthing location,
the Provincetown II shall be included in the vessel totals above.
When the wind direction is such that
the wind is coming from any point of the sector (Magnetic, Ref. NOAA Chart
13249, 10th edition, 3/1/80) bounded by the bearings South-Southwest and
Southwest, and when wind speeds exceed 31 miles per hour (i.e., exceeds Force
6, Beaufort "strong breeze"), all vessels will be prohibited from
berthing at all portions of MacMillan Pier except the roadway or causeway, so
called, which connects the "Tee" and building pier sections of
MacMillan Pier with the pier's landfall on the shore. This requirement shall apply except for the
purpose of offloading and onloading when permitted by the Harbormaster and except
for vessels judged to be disabled by the Harbormaster.
Miscellaneous:
When the weather is forecast for
winds in excess of 31 miles per hour and forecast as set forth above, the
owners or captains of all "Provincetown-based vessels" using
MacMillan Pier shall make available to the Harbormaster the names of at least
two qualified persons who can be contacted in the event of need to move the
vessels. The persons concerned shall
have the responsibility to move the subject vessels within 30 minutes of an
order to do so by the Harbormaster. All
non-Provincetown based vessels shall maintain aboard at all times while
berthed, directly or indirectly, at MacMillan Pier, sufficient qualified
personnel to move said vessels within at least 15 minutes of an order by the
Harbormaster to do so.
For the purpose of these conditions
for use, "Provincetown-based vessel" shall be defined as
follows: A Provincetown-based vessel is
defined as a vessel whose owner's domicile or legal residence is in
Provincetown or Truro. In the case of a
vessel owned by a trust, 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.
In the event of pack ice, as
determined by the Harbormaster, vessels will be permitted to berth at MacMillan
Pier regardless of wind direction or speed subject to the approval of the
Harbormaster.
Shirley
R. Lewis
Justice
June 29, 1984 Probate
and Family Court
Appendix B
HARBOR FEE SCHEDULES*
Fixed Pier Dock Fees (commercial fishing vessels)2 Effective March 31, 2005
Add an annual Consumer Price Index (
Includes offloading and
parking permit
Annual Dockage Permit $37.64
per foot
Rafted Annual Vessel $20.91
per foot of smaller second
vessel
in assigned berth.
Transient commercial $
1.00 per foot per day
Transient (non-commercial) $
3.00 per foot per day6
Transient on a float $
3.00 per foot per day
Available from October 1 to
April 1 paid in advance does not include offloading or parking permits
Semi-Annual Dockage Permit $21.00 per foot Oct. 1 to April 1
Short Term Transient $4.00
per foot per week
Floating Dock Fees2 EffectiveMarch31,2005
Annual Commercial Dockage Permit $52.28 per foot
Seasonal Recreational Permit $100.00 per foot per season
Permit fee requires 40-foot minimum payment. Two
small boats can split one berth rate when assigned by Pier Manager.
Overnight Transient floating docks $2.00 per foot per night
Available from October 1 to April 1, paid in advance
Short-term transient $4.00
per foot per week
Permitted
commercial fishers bulk rates become effective with installation of delivery
equipment anticipated May 2005, other rates effective March 31, 2005.
Commercial Fishing vessels with annual offloading
permits
By
the ton $60
per ton
By
the half ton $40
per half ton
Resident
fleet by the tote $5
per tote
Without annual offloading permit
By
the ton $80
per ton
By
the half ton $50
per half ton
Large
ice chest (95-320 qt.) $15
Medium
ice chest (up to 94 qt.) $10
Water $10
per 100 gallons
Commercial
vessels without annual dock permit $200
annual
$100
quarter year
Commercial
Dealer- one truck $500
annual
$300
quarter year
$50
per day
Commercial
vessel- one day offloading permit $25
per day
The
Permit or License Fee shall increase for each subsequent permit year commencing
with Permit/License year beginning April 1, 2006 and shall be increased over
the Permit Fee for the preceding year by the percentage that the
Adjustment-Month (on the
1982-84=100 standard). If the
publication of the
Casual Commercial
Fishing Support Services2
Short-term
use of deck other than tenants
Small
space $100
per month
Medium
space $500
per month
Large
space $1000
per month
Harbormaster
Service Fee $25
per ˝ Hour
Float Space Licenses Effective November 6, 2003*
Base Annual Float Fee: $8,168
per float
Additional Fee:
Boat with rated capacity greater than 50 passengers
based on U.S. Coast Guard Certificate of Inspection $75
per passenger
Float Space 10W base float fee $4000 Adopted
March 31, 2005
* Pursuant
to Chapter 13 of the Acts of 2000 and Lease between the Provincetown Public
Pier Corporation and the Town of Provincetown.
Berthing Fee for Boston to Provincetown Ferry Service
Ten year lease executed in 2003 with Bay State Cruise
Company beginning at $32,000.00 plus consumer price index (
Charter Boat Permits (Non-Tenants of Pier) $10008
Dinghy Dock Seasonal Permits
Resident $100
Non-Resident $200
Event Fees6
1 Day Large Event $5000
July 4th
$2500
High Season
$1000
Shoulder Season
Events
over 500 persons
Add
an additional $100
1 Day Pavilion Event $1000
July 4th
$500
High Season
$250
Shoulder Season
Historic or Educational Vessels
Locally Based Non-Profit $400/week July-August
$200/week
Shoulder Season
Historic or Educational Vessels
No-Profit $600/week
July-August
$300/week
Shoulder Season
Historic or Educational Vessels
For Profit $1500/week
July-Aug
$750/week
Shoulder Season
Trap Shed Rental Fees $2500
per ˝ Shed for Season
Adopted April 5, 2004
1) Revised October 21, 2004
2) Revised March 31, 2005
3) Revised March 9, 2006
4) Revised March 22, 2007
5) Revised November 12, 2007
6) Revised November 29, 2007
8) Revised February 28, 2008
(Effective: January 1, 1994, Amended
December 11, 2000, Amended March 24, 2003, Amended December 29, 2003, Amended
March 25, 2004, Amended January 1, 2007)
|
Individual Mooring Permits |
Residential
|
|
Location/Vessel Length |
|
|
Vessels Equal to and less than 16
feet |
$50.00 |
|
Vessels greater than 16 feet |
$100.00 |
|
Vessels greater than 20 feet |
$125.00 |
|
Vessels greater than 30 feet |
$175.00 |
|
Vessels greater than 40 feet |
$200.00 |
Holding Moorings
|
$100.00 |
Additional Fees: 26
Mooring Permit Late Fee $100.007
Mooring Waiting List Fee $10.00
Charges for use of Staff/Patrol Boat $25.00 per 30 Minutes
Beached Boat ID No Charge
Boat Storage Fees $25 per Day5
Provincetown residents aged 65 years and older shall only be required to pay 50% of the fee for an individual mooring permit.
*Residency requirements for the Residential Rates are limited to those
defined in Article 2. Definitions:
2-2-14.
|
Mooring above the mean low water
line: $100.00. Moorings below the
mean low water line: $150.00. (Per
$100 rental mooring regardless of water depth. |
23
Amended 3/24/03
Amended 12/28/92
24 Amended 3-24-03, Amended 12/28/92
26 Amended 3/13/06
26 Amended 3/13/06
26 Amended 3/13/06
27 Added 3/13/06
26 Amended 3/13/06
19 Amended 12/26/02
26 Amended 3/13/06
27 Added 3/13/06
27 Added 3/13/06
26 Amended 3/13/06
26 Amended 3/13/06
27 Added 3/13/06
23 Amended 12/16/02
27 Added 3/13/06