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2. In an overloaded condition as defined in Chapter 90B §12A, and 323 CMR 2.07 (2) <br /> Guardrails. <br /> §170-15. Public Access Board Facilities. <br /> A. Mashpee Pond Boat Landing. <br /> 1. The Board of Selectmen may, after public hearing, suggest to the Public Access <br /> Board new or changed regulations over the maintenance and operation of the state <br /> owned boat landing at Mashpee Pond. Regulations adopted, approved, and <br /> promulgated by the Commonwealth shall become effective as of the date of <br /> publication in a newspaper having general circulation in the Town. <br /> B. Reserved <br /> §170-16. Jurisdiction; Severability. <br /> A. Nothing contained herein shall be held or construed to supersede, conflict with, interfere <br /> with or limit jurisdiction of the United State Government with respect to the enforcement <br /> of the navigation, shipping, anchorage and associated laws of the United States or to <br /> diminish the provisions of any lawful regulation of the Division of Marine and <br /> Recreational Vehicles or the laws of the Commonwealth of Massachusetts. <br /> B. In the event that any provision, section or clause of this chapter is hereafter judicially <br /> found to be invalid, such decision, invalidity or voidance shall not affect the validity of <br /> the remaining portions of this Chapter." <br /> Submitted by the Waterways Commission <br /> Explanation: These changes in the by-law's are needed to bring Chapter 170 of the Mashpee <br /> Code up to date and to conform to the Commonwealth of Massachusetts General Laws Chapter <br /> 90B, Boats and Vessels; Chapter 91 Waterways; Chapter 102, Harbormasters; and Chapter 131 <br /> §45 Great Ponds; public use; rules and regulations. These by-law's were approved at Town <br /> Meeting in October 1995, but have been changed to incorporate comments from the <br /> Massachusetts Environmental Police. The entire article has been re-submitted because the <br /> Attorney General had not approved the previous version, so changes could not be made to an <br /> unapproved by-law. <br /> Motion made by Jim Hanks. <br /> Motion: I move the Town vote to amend Chapter 170 of the Mashpee Code as printed in the <br /> warrant except for the phrase "or take any other action relating thereto". <br /> Motion to amend 170.6B #2 to read operation between the hours of sunset and sunrise or when <br /> vision is unduly restricted by weather. <br /> Motion passes at 9:23 p.m. <br />