The Town of Wellfleet welcomes those who will use the facilities and services of the Wellfleet Marina and will appreciate any suggestions for the improvement of its facilities, service or operators.
For the benefit of all who use these facilities, the following Rules and Regulations have been established.
1. The word "Marina" shall hereinafter refer to the Wellfleet Marina and any person authorized to represent it.
The word "Town" shall hereinafter refer to the Town of Wellfleet and its authorized representatives.
The word "Owner" shall refer to the owner of any vessel berthed or using the Marina or the authorized representative of the owner.
2.
a. Only boats in good condition, and under their own power, shall be admitted to berthing areas. In the event of an emergency during the owner's absence, i.e., breakdown of bilge pump, leaks, bad lines, etc., the boat owner will be assessed a reasonable charge for any emergency service rendered.
b. Fees charged for space shall be strictly in accordance with published schedules and shall be paid in advance to cover a full season or part thereof. Slip rentals shall not be canceled unless a suitable replacement boat can be obtained promptly, in which case proportional reimbursement for the unused seasonal rental or if slip is rented for a portion of the season the actual rental received.
c. If it is considered by the Town to be in the best interest of the Marina and/or its occupants this agreement may be canceled on ten day's notice with the owner removing his boat forthwith and proportional reimbursement will be made of the dockage fee.
d. Space rentals are non-transferable. Transfer of boats between spaces will only be allowed with the prior permission of the Marina.
e. An owner may be absent for period of one year from a slip that was leased by said owner the previous year provided the dockage fee for the current season has been paid in full.
3. To be admitted and to continue as an occupant of the Marina a boat must be:
a. used for pleasure only
b. used for commercial fishing
c. used for chartered fishing or sightseeing trips
d. registered, identified, marked, equipped, operated and maintained as required by law and standard practice
e. subject to periodic inspection by the Marina to determine the maintenance of proper safety conditions.
4. Because of structural limitations, no boat 65 feet or over in length or displacing more than 50 gross tons can be accommodated. Any such vessel may be directed by the Marina to anchor in a designated area. The Marina does not provide launch service.
5. When a boat enters the Marina area, it immediately comes under the jurisdiction of the Marina and shall be berthed only where assigned and maneuvered as directed.
6. All boats will be secured in their assigned space in a manner acceptable to the Marina.
7. The owner (and guests for whom he is responsible) agrees to conduct himself at all times when on the property of the Marina, or on any boat moored therein, so as to create no annoyance, nuisance or hazard to the Marina or to any other persons. This includes good housekeeping, sanitation practices, and the use of garbage and refuse containers.
8.
a. Federal, State and Town statutes prohibit the discharge of sewage, waste material, oil and fuel, rubbish or refuse of any kind or description into any river, stream, pond or tidal waters. Heavy fines and imprisonment are the penalties for violation.
b. Owners, guests, employees, and all persons are to use the Marina's shore-side toilets and showers. All garbage and other refuse must be placed in receptacles provided by the Marina.
9. Noise shall be kept to a minimum at all times. Consideration for others requires discretion in the operation of engines, generators, radios, and television sets in such a manner and at such times as to create no nuisance or disturbance.
10. Swimming or water skiing is prohibited anywhere in the Marina.
11.
a. Boat owners shall not place supplies, materials, accessories, or debris on any float or walkway and shall not construct or place thereon any lockers, chests, cabinets, or containers without the permission of the Marina.
b. Boats having tenders on davits, gangways or boarding ladders or steps, extreme overhangs, bow and stern sprits, boomkins, spars, pulpits, etc. shall be secured in such a manner that none of these appurtenances shall create a hazard or block free passage along any float, walkway, or waterway.
c. Laundry shall not be hung on any boat, float, walkway, or anywhere else in the Marina.
12. Charcoal or any form of open fire anywhere within the Marina is absolutely prohibited.
13. Dogs and pet animals are permitted in the Marina only on leash or otherwise confined or restrained.
14. Young children should be accompanied by adults at all times.
15. Tenders, skiffs, dinghies, and other small boats shall be stored aboard boats or placed where the Marina directs. All such small boats shall carry identification numbers, marks, or names. They may not be tied up in rentable space or on any float, walkway, or ramp.
16. No part of the Marina, ashore or afloat, nor any boat therein shall be used for the conducting or solicitation of business of any kind except for the normal operation of commercial fishing, charter fishing or sightseeing boats as provided for, and no signs or other advertising material will be permitted without the permission of the Marina, which will control size, placements, etc. Nothing in this section shall prohibit an owner from contracting for or using such services as his boat may require from the businesses or resources regularly available in the area or to him privately.
17. The use of alcoholic beverages is prohibited by law on any Town landing, float, pier, building, or parking area owned by or under the jurisdiction of the Town.
18. The cleaning of fish and the disposal of fish or parts thereof is prohibited anywhere within the Marina including service and parking area.
19.
a. In the event of a severe storm, the Marina will check the security of all boats in the Marina and take such steps as are feasible to prevent damage. Any costs incurred will be prorated over all boats in the Marina. However, it remains the owner's sole responsibility to take all emergency measures possible, and the Marina does not assume any responsibility for said protection or damages to any boat.
b. In the case of any boat where water accumulates within it to the point where the boat is endangered, the Marina will, if possible, pump it out and the costs of such pumping will be assessed against the boat. If severe leakage is the cause, the owner will be notified promptly.
20. The Town and the Marina will take all reasonable precautions to ensure the security and safety of all boats in the Marina, but neither the Town nor the Marina assumes any responsibility for the safety or security of any boat or property in the Marina and will not be held liable for fire, theft, trespass, or damage to any boat or vehicles or its equipment arising from any cause whatsoever.
21. Transient commercial vessels may rent dock space, if available, between Labor Day and May 30 only. Commercial dockage between June 1 and Labor Day shall be limited to those boats holding applicable leases only.
22. Security and Damage Deposit. All boats renting storage space on a daily, weekly, or monthly basis between Labor Day and May 30 are required to pay to the Harbormaster before occupying any slip a Security and Damage Deposit, to be held by the Town in escrow and refunded to any owner or master of the vessel on termination of the rental agreement, provided that during the period the vessel is in the harbor (a) all accumulated dockage fees have been paid when due; (b) all Rules and Regulations of the Harbor and all lawful orders of the Harbormaster have been complied with by the vessel or crew; and (c) no damage has been caused by the vessel and its crew to any of the harbor facilities. If any of the above conditions have not been complied with, the security deposit shall be forfeited to the Town and no portion of it shall be refunded and, not withstanding the forfeiture of the deposit, the Town shall have the right to proceed against the vessel, its owner, master or crew in any proceeding, civil or criminal, to (a) enforce its Rules and Regulations and Orders; (b) recover for any damage done to harbor facilities; or (c) recover for any dockage fees due.
23. Daily rates start at 12 noon. Check out time shall be 12 noon of the following day.
24. Year-round parking Rules and Regulations:
The Town of Wellfleet reserves the right to limit or govern parking in the Marina parking area.
Marina parking in the area east of the restrooms on the south side, hereby referred to as Area A, shall be for:
a. Vehicles with boat trailers
b. Boat trailers
c. Commercial vessels
d. Commercial trucks (Larger than pickups, not used for passengers)
e. Busses
f. Heavy equipment
g. Any other parking as authorized by the Harbormaster.
A $5.00 fee shall be charged for overnight parking of vehicles and equipment as outlined above in a-g. Vehicles and vessels that do business with the Marina have the option to purchase a parking permit for $200.00 per vehicle or vessel per year.
Parking anywhere at the Marina shall not interfere with the normal flow of traffic.
Area B, which is any area outside of Area A, shall be for passenger vehicles, pickup trucks, and vehicles not for hire.
No occupied recreational vehicles (campers, RVs, and boats) will be allowed to park overnight (sunset to sunrise). See Town bylaw, Art. VII, Sec. 23.
No parking in the yellow No Parking Zones, fire lanes, easements.
No parking in handicapped parking spaces without a handicapped plate or placard.
The Harbormaster and/or the Wellfleet Police Department shall be the enforcement
agent(s).
The Harbormaster and/or the Wellfleet Police Department may close areas of the Marina for special events.
25. Subleasing of slips and berthing areas is strictly prohibited.
26. Living aboard any vessel in confines of the mooring is prohibited from Oct. 15 to May 15 without permission of the Marina.
27. Marina reserves the right to reassign slips for best utilization of Marina resources.
28. Power washing of boat bottoms is prohibited at the Marina.
29. The Harbormaster will make every reasonable effort to provide winter tie-ups for vessel owners who have seasonal contracts and off-season fees must be paid in full by October 15th. For all others seeking off-season dockage weekly rates must be paid in advance and will be offered at the discretion of the Harbormaster. All off-season tie-ups must follow the direction of the Harbormaster.
30. Enforcement and Penalties:
a. Criminal Complaint – whoever violates any of the above Rules and Regulations shall be punished by a fine of not more than fifty dollars ($50) for each offense. A violation of each specific rule or regulation shall be deemed a separate offense, and each day on which a violation occurs or continues shall be deemed a separate offense, subject to the penalties stated herein.
b. Non-criminal Disposition – as an alternative to initiating criminal proceedings pursuant to subsection (a) above, the enforcing agent may dispose of a violation of these Rules and Regulations pursuant to the following procedures:
Whoever violates any provision of these Rules and Regulations may, in the discretion of the Harbormaster and the Assistant Harbormasters, be penalized by a non-criminal complaint pursuant to the provisions of MGL Chapter 40, Section 21D. Whoever violates any rule and regulation as stated above shall be subject to a fine of twenty-five dollars ($25) for each separate offense. A violation of each specific rule or regulation shall be deemed a separate offense, and each day on which a violation occurs or continues shall be deemed a separate offense, subject to the penalties stated herein.
Owners shall be responsible for the conduct of their guests and crew, and as such, the enforcing agent may, as an alternative, subject the owner to any or all fines and penalties for any violation of these Rules and Regulations by a guest or crew of the owner.
31. Vessel Removal Procedures:
The Wellfleet Harbormaster shall have the right to remove any vessel in violation of any rule or regulation promulgated by the Board of Selectmen or the Wellfleet Harbormaster, any bylaw adopted by the Town of Wellfleet regulating vessels or any law, rule, or regulation adopted by the Commonwealth of Massachusetts or its agents regulating vessels, provided however:
a. The Harbormaster shall cause to be delivered by hand or certified mail to the owner of a vessel subject to removal, a written notification signed by the Harbormaster stating the nature of the violation, the specific law, bylaw, rule, or regulation under which the Harbormaster asserts a claim of violation and a statement of acts necessary to cure said violation.
b. If the owner of the vessel has not cured the violation within ten (10) days or requested a hearing before the Board of Selectmen within such time to review the Harbormaster’s determination, the Harbormaster may remove the vessel to any safe and convenient place.
c. The owner shall be responsible for all costs, fees, and charges, including removal, transportation, and storage.
d. Upon removal, all rights to the use of the slip or mooring shall terminate and the owner shall have the right to receive a refund of the pro rata share of the yearly dockage fee paid to the Town of Wellfleet. The Harbormaster may deduct any portion or all of the cost incurred in removing said vessel from the amount to be refunded to the owner.
e. Notwithstanding anything continued herein, in the event that the condition of a vessel is such that there exists an immediate danger to the public safety, navigation, or the environment, the Harbormaster may correct said condition by removing the vessel or by any means the Harbormaster deems appropriate. The owner of the vessel shall be responsible for all costs associated with said corrections.
