1976 TOWN MEETING RECORDS - Laserfiche WebLink

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363 Annual Town Meeting May 4, 1076 Page 19 Section 7 - Divers and Diving Any person or persons skin diving or scuba diving shall: (a) display a divers, flag consisting of a red flag with a white diagon.l stripe of a size not less than (12) twelve inches square: (b) display such flag on a float or similar device holding such flag upright at a height sufficient to be visible to passing vessels, and (c) stay within (150) one hundred and fifty feet of the afore -said flag and float, or tow the float with him while he is submerged, and will surface there -under, unless for special purposes permission is granted in writing by the Harbormaster to ' otherwise display flags for the protection of divers. Section 8 - Enforcement and Penalties A. Unless otherwise specified, the provisions of this by-law shall be enforced by the Harbormaster, Assistant Harbormasters and by police officers empowered to patrol the waters of the Town of Mashpee. B. Whoever violates any of the provisions of the by-law and refuses to obey the lawful and reasonable orders of those empowered to enforce same, or resists them in the discharge of their duties shall be fined not less than ten ($10.00))dollars nor more than fifty ($50.00) dollars for the first violation and not less than twenty-five (9625.00) dollars nor more than fifty (650.00) dollars for repeated violations. Section 9 - Jurisdiction A. Nothing contained herein shall be held or construed to supercede, conflict with, interfere with, or limit jurisdiction of the United States Government with respect to the enforcement of the navigation, shipping, anchorage and associated laws of the United States, or to diminish the provisions of any lawful regulation of the Division of Marine and Recreational Vehicles, or laws of the Commonwealth of Massachusetts. Section 10 -- In the event that any provision, section or clause of this by-law ' is hereafter judicially found to be invalid, such decision, invalidity or voidance shall not affect the validity of the remaining portions of this by-law. ACTION: Moved and seconded to amend Article 79: Section 2 - Pollution A. The discharge or disposal (by motorboat operators or passengers) of oil, dead fish, waste, rubbish, debris or sewage in the waters, shores or foreshores is prohibited. Section 5 - Water Skiing A. Water skiing as hereinafter permitted is subject to the provisions of Section 8, Chapter 90B of the General Laws of Massachusetts and to the further restriction that there shall be no water skiing in tidal rivers or inlets, or within (150) one hundred and fifty feet of bathers, divers, piers, docks, floats, or other boats on or off shore. No person shall operate a motor boat while drawing more than two water skiers at thesame time. Water skiing is permitted only between the hours of one-half hour after sunrise and one-half hour before sunset. There shall at all times be a competent person in addition to the operator in a position to observe the person or persons being towed. For the purpose of this by-law, the words "water skiing" shall include the towing or manipulation of a surf board or other similar device behind a motor boat. ' Section 6. Age of Motor Boat Operator Delete in its entirety Section 7. Divers and Diving Change number to read Section 6 Section 8. Enforcement and Penalties Change number to read Section 7.