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cedures below if, in his judgment, such action is All watercraft operated in the Town of Mashpee shall
<br /> necessary to protect life or property or if such meet the equipment requirements of 323 CMR 2.06.
<br /> object is a hindrance to navigation.
<br /> §170-14. Watercraft operation without personal
<br /> B. No vessel, mooring, or other object shall be aban- flotation devices or in overloaded or
<br /> doned, sunk or otherwise placed where it may con- unsafe condition [Added 1995]
<br /> stitute and anger to navigation. Any object so
<br /> placed, or any vessel improperly secured, No person shall operate a vessel in the Town of Mash-
<br /> swamped, sunk, washed ashore or found in a Pee:
<br /> restricted area shall be removed and relocated by a. without a wearable personal flotation device on
<br /> the owner at the direction of the Harbormaster or board for each occupant.
<br /> an Assistant Harbormaster. If corrective action is b. in an overloaded condition as defined in chapter
<br /> not taken after seventy two (72) hours' notice to 90B §12A and 323 CMR 2.07 (7)
<br /> the owner, or if the owner is not known, after c. in an unsafe condition as defined in chapter 90B
<br /> notice has been posted for the same period at the §12A and 323 CMR 2.07 (2) Guardrails.
<br /> Mashpee Town Hall, or on or near such object, the §170-15. Public Access Board facilities.
<br /> Harbormaster or Assistant Harbormaster may take A. Mashpee Pond Boat Landing [Added 5-1-89
<br /> corrective action. The expense of such removal or STM,Art. 6, approved 7-5-891
<br /> relocation and any liability incurred therefor shall
<br /> be the responsibility of the owner. The Board of Selectmen may, after a public hear-
<br /> C. In the event of a violation of subsection B,the Har- ing, suggest to the Public Access Board new or
<br /> bormaster, after removing the object pursuant to changed regulations over the maintenance and
<br /> the foregoing section, shall notify the owner, or if operation of the state-owned boat landing at Mash-
<br /> the owner is not known, after notice has been post- pee Pond.Regulations adopted, approved, and pro-
<br /> ed at Mashpee Town Hall, or on or near the object, mulgated by the Commonwealth shall become
<br /> that he intends to dispose of the property unless it effective as of the date of publication in a newspa-
<br /> per having general circulation in the town. [Re-
<br /> is claimed within ninety (90) days.
<br /> written 1995 to conform to GML 131 §45 -
<br /> The Town may use the property, if serviceable, for Great Ponds; public use; rules and regulations.]
<br /> an indefinite period. When no longer of use to the B. Reserved
<br /> Town, said property will be disposed of. Any costs
<br /> of disposal may be assessed to the owner, if §170-16. Jurisdiction; severability.
<br /> known. Any serviceable item of value will be A. Nothing contained herein shall be held or con-
<br /> offered for sale at public auction. All proceeds strued to supersede, conflict with, interfere with or
<br /> from said sale shall be used to defray the cost and limit jurisdiction of the United States Government
<br /> expenses of removing, giving notice and sale, and
<br /> the balance of the proceeds shall be turned over to with respect to the enforcement of the navigation,
<br /> shipping, anchorage and associated laws of the
<br /> the owner or, if the owner is unknown, held by the United States or to diminish the provisions of any
<br /> Town Treasurer for a period of one year subject to lawful regulation of the Division of Marine and
<br /> claim by the owner. After that time, the proceeds Recreational Vehicles or the laws of the Common-
<br /> will be transferred to the Waterways Improvement wealth of Massachusetts.
<br /> fund. Any property which is not serviceable or
<br /> repairable will be discarded. B. In the event that any provision, section or clause of
<br /> §170-11. Pollution. this chapter is hereafter judicially found to be
<br /> invalid, such decision, invalidity or voidance shall
<br /> A. The discharge or disposal of fuel, oil, dead fish or not affect the validity of the remaining portions of
<br /> their parts, waste, rubbish, debris, or sewage this chapter.
<br /> (whether treated or untreated) in the waters, shores Article 17: To see if the Town will vote to authorize
<br /> or foreshores of Mashpee is prohibited. the Board of Selectmen to grant to Commonwealth I'
<br /> §170-12. Operation of vessels under the influence Electric Company an easement on Town-owned land
<br /> of intoxicating liquor or controlled sub- at the corner of Barnstable Road and Nathan Ellis
<br /> stance [Added 1995] Highway (Route 151), and shown on Mashpee Asses-
<br /> No person shall operate any vessel on the waters of the sors Map 73, Lot 45 to install and maintain under-
<br /> Commonwealth situated in the Town of Mashpee ground electric cable and any other equipment deemed
<br /> under the influence of substances as described in necessary to service the new Mashpee High School,or
<br /> Chapter 90B § 8. take any other action relating thereto.
<br /> §170-13. Watercraft equipment [Added 19951 Submitted by the Board of Selectmen ' !
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