close
[HISTORY: Adopted by the Town Meeting of the Town of Rockport 9-8-2025 FTM by Art. N.[1] Amendments noted where applicable.]
[1]
Editor's Note: This article also repealed former Ch. 207, Harbors and Floats, adopted 3-22-1997 (Ch. 9 of the 1997 Code of By-laws), as amended 4-5-2003 ATM; 4-3-2004 ATM; 4-2-2005 ATM.
A. 
Appointment; removal. The Select Board shall appoint a Harbormaster or Co-Harbormasters ("Harbormaster") for an initial term of three years. Thereafter the Harbormaster may continue to serve without the need for reappointment. The Harbormaster shall be subject to removal by the Select Board only for neglect of duty, negligence or conduct unbecoming a harbormaster.
B. 
Duties. The Harbormaster shall carry out the duties of the office as provided for by MGL c. 102, MGL c. 91, MGL c. 90B and pursuant to all other applicable federal, state and local laws, codes, rules and regulations.
C. 
Rules and Regulations. The Harbormaster shall be authorized to promulgate such rules and regulations with respect to Rockport harbors, vessels, moorings, skiffs, floats, and other matters as may be needed to administer their duties under this chapter, or any other applicable federal, state or local law, code, regulation or rule, and copies thereof shall be available at the offices of the Harbormaster and Town Clerk. Such rules and regulations shall be applicable, but not be limited, to the following: mooring permit applications, waitlists, transfers of vessel ownership, stray vessels, skiffs, mooring buoys and gear, and more. Prior to promulgation of rules and regulations or amendments thereto, the Harbormaster shall post the same on the Town website for at least two weeks and hold a public hearing for which notice is posted in the manner required by the Open Meeting Law. The same shall also be posted on a Town bulletin board.
A. 
Appointment; removal. The Select Board may appoint Assistant Harbormasters for terms of three years, following consultation with the Harbormaster. Assistant Harbormasters shall be subject to removal for neglect of duty, negligence or conduct unbecoming of an Assistant Harbormaster.
B. 
Duties. Assistant Harbormasters shall be subject to the direction and control of the Harbormaster and shall have all the powers given to and be subject to all the duties required of harbormasters by law.
The following words, for the purposes of these By-laws, shall have the following meanings unless another meaning is clearly apparent from the way in which the word is used.
BOATING SEASON
The period from July 1 to the following June 30;
FLOAT
A floating dock which maintains a constant level despite changing tides and has a semi-permanent anchorage installation.
LOA, LENGTH OVERALL, OVERALL LENGTH
The terms "LOA" and "length overall" and "overall length" are interchangeable and, where used, shall be taken to mean the length of a vessel from its forward-most part to its aft-most part;
MOORING
A semi-permanent anchorage installation.
MOORING PERMIT
A document issued annually, signed by the Harbormaster pursuant to MGL c. 91, § 10A, granting permission to use a mooring in the Rockport Harbors;
ROCKPORT HARBORS
The term "Rockport harbors" includes the four main harbors: Rockport Harbor, Old Harbor, Granite Pier Harbor, Pigeon Cove Harbor, and all other harbors and coves within the jurisdiction of the Town of Rockport;
SKIFF
A small flat, or flattish, non-motorized boat no longer than 12 feet.
STRAY VESSEL
A vessel which is in a deteriorated or un-seaworthy condition, sunken or likely to sink, aground, adrift and likely to damage piers, wharves, floats or other vessels or to constitute a menace to navigation, secured to a mooring or pier without proper authorization, or otherwise in violation of these By-laws.
TRANSIENT PERMIT
A mooring permit issued for no more than seven consecutive days;
VESSEL
Ships of all kinds, barges, houseboats, sailing vessels, watercraft and powerboats of any type or kind by whatever 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;
No person shall moor, anchor or set any mooring or float within the limits of Rockport harbors, whether seasonally or on a temporary or transient basis, without first obtaining a mooring permit from the Harbormaster.
A. 
Setting fees. The Select Board shall annually, following consultation with the Harbormaster, establish any and all fees under this By-law, including relative to moorings, skiffs, or floats in the Rockport harbors.
B. 
Assessment of fees. Mooring permit fees shall be assessed on a per foot basis, according to the vessel overall length (LOA). Float permit and transient mooring fees shall be assessed likewise.
C. 
Revocation of permit for failure to pay. The Harbormaster may revoke any permit or remove an applicant from the mooring waiting list when the applicable fee has not been paid in full within 90 days, or at such sooner time as may be established by rule or regulation, provided, however that enforcement hereunder shall not preclude enforcement under § 207-16 of this By-law.
No person shall operate a vessel at a speed greater than five nautical miles per hour or cause a disturbing wake in Rockport harbors.
Any stray vessel is hereby declared to be a public nuisance and shall be delivered to the possession of the Harbormaster until claimed by the owner or disposed of according to law. The vessel owner, title holder, or person commanding said vessel at the time it becomes stray, shall pay all expenses incurred in connection therewith including charges for raising and storing same and such person or persons may be ordered to properly moor or remove any such vessel. Removal of any stray vessel by the Harbormaster shall be without liability to the Town, its officers, agents or employees.
No person shall scuba dive, swim or snorkel in the four main Rockport harbors, namely Rockport Harbor, Old Harbor, Granite Pier Harbor and Pigeon Cove Harbor except for purposes related to hull and mooring inspection, cleaning and maintenance.
Any individual operating a livery boat as defined by MGL c. 90B, § 1, within the boundaries of the Town or the waters under its jurisdiction shall provide written confirmation to the Harbormaster that the boat operator's skills are within a safe range to operate consistent with the Massachusetts Environmental Police guide to boating laws and responsibilities. The owner of any livery boat shall provide safety support documentation and other data, or information as may be established by the Harbormaster by rule or regulation.
Police officers shall assist the Harbormaster(s) or their assistant(s) in enforcing the orders relative to the use of the mooring permits and floats and the provisions of this By-law. The Chief of Police or their designee may, upon request of the Harbormaster, and where the interest of safety so requires, close some or all of any wharf or street to permit the orderly hauling or storage of vessels.
This By-law and any rules and regulations promulgated hereunder may be enforced as set forth in Chapter 16 of these By-laws,[1] with a maximum fine of $300, by any means available in law or in equity, including but not limited to non-criminal disposition, revocation or suspension of a mooring permit, and/or removal from the mooring waiting list.
[1]
Editor's Note: See now Ch. 1, General Provisions, Art. III, Enforcement and General Penalty.
Harbormaster records shall be available for public inspection consistent with the requirements of the Public Records Law, MGL c. 66, § 10, and MGL c. 4, § 7, clause 26.