1995-1997-TOWN MEETING RECORDS - Laserfiche WebLink

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i A. No person shall operate a vessel in the Town of Mashpee: 1. Without an approved wearable personal flotation device on board for each occupant, as required under Chapter 90B,§5 and 323 CMR 2.07(10,14,15). 2. In an overloaded condition as defined in Chapter 90B §12A, and 323 CMR 2.07 (2) Guardrails. §170-15. Public Access Board Facilities. , A. Mashpee Pond Boat Landing. 1. The Board of Selectmen may,after public hearing,suggest to the Public Access Board new or changed regulatiorrs over the maintenance and operation of the state owned boat landing at Mashpee Pond. Regulations adopted, approved, and promulgated by the Commonwealth shall become effective as of the date of publication in a newspaper having general circulation in the Town. B. Reserved §170-16. Jurisdiction; Severability. A. Nothing contained herein shall be held or construed to supersede, conflict with, interfere with or limit jurisdiction of the United State 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 the laws of the Commonwealth of Massachusetts. B. In the event that any provision, section or clause of this chapter is hereafter judicially found to be invalid,such decision, invalidity or voidance shall not affect the validity of the remaining portions of this Chapter." Submitted by the Waterways Commission Explanation: These changes in the by-law's are needed to bring Chapter 170 of the Mashpee Code up to date and to conform to the Commonwealth of Massachusetts General Laws Chapter 90B, Boats and Vessels; Chapter 91 Waterways; Chapter 102, Harbormasters; and Chapter 131 §45 Great Ponds; public use;rules and regulations. These by-law's were approved at Town Meeting in October 1995,but have been changed to incorporate comments from the Massachusetts Environmental Police. The entire article has been re-submitted because the Attorney General had not approved the previous version, so changes could not be made to an unapproved by-law. Motion made by Jim Hanks. Motion: I move the Town vote to amend Chapter 170 of the Mashpee Code as printed in the warrant except for the phrase"or take any other action relating thereto". Motion to amend 170.6B #2 to read operation between the hours of sunset and sunrise or when vision is unduly restricted by weather. ' Motion passes at 9:23 p.m. I