ARTICLE 16
REGULATION OF BOATING
SECTION 1. No person shall operate any motorboat on Lake Massapoag at a speed in excess of fifteen (15) miles per hour except that a maximum speed of twenty-five (25) miles per hour shall be permitted only during such times and in such areas as shall be designated for water skiing by the Board of Selectmen; provided that when within 150 feet of the shore or any pier or float the speed shall not exceed six (6) miles per hour.
SECTION 2. No person shall operate any motorboat within 150 feet of the shore of any public or private bathing beach on Lake Massapoag except in case of an emergency or when within the public launching area.
SECTION 3. Except in case of an emergency, every person, other than the owner or tenant of beach frontage on Lake Massapoag or a guest of either one, shall launch or land his motorboat at the public boat slip and from or on no other place. An owner or tenant of beach frontage or a guest of either may launch and land his boat from and on such beach.
SECTION 4. After April 1, 1973, no person shall operate a boat on Lake Massapoag powered by internal combustion engines whose total horsepower rating at time of original manufacture exceeds sixty (60) horsepower, except as approved by the Board of Selectmen for safety or rescue purposes.
SECTION 5. No person shall launch a boat powered by internal combustion engine or a sailboat at a public launching area on Lake Massapoag unless there is permanently attached thereto a boat launching permit sticker. Such sticker shall be available to residents and non-residents at reasonable rates to be established by the Board of Selectmen.
SECTION 6. Whoever violates any of the provisions of this Boating By-Law shall be punished by a fine of not more than twenty dollars ($20) for each violation.
ARTICLE 16A
REGULATION OF PERSONAL WATERCRAFT
SECTION 1. No person shall operate a jet ski, surf jet, wet bike or other so-called "personal watercraft" (a) unless the person is sixteen (16) years of age or older; (b) within one hundred and fifty (150) feet of a swimmer, shore or moored vessel, except at headway speed; c) without wearing an approved personal flotation device; or (d) between sunset and sunrise. For purposes of this section, the term "headway speed" shall mean the slowest speed at which personal watercraft, jet ski, surf jet or wet bike can be operated and maintain steerage way.
SECTION 2. (1) Minimum Age. No person shall operate a personal watercraft if such person is: (a) under the age of sixteen (16); (b) sixteen (16) or seventeen (17) years of age without first having received a safety certificate evidencing satisfactory completion of a training course in a safe operation conducted by the United States Coast Guard Auxiliary, the United States Power Squadron, the Division of Law Enforcement, or such other entity approved in writing by the Director.
(2) Personal Flotation Device. Any person aboard a personal watercraft shall wear at all times a Coast Guard approved personal flotation device.
(3) Towing. No person shall tow a water-skier or any person in any other manner from a personal watercraft.
(4) Evening Operation. No person shall operate a personal watercraft between the hours of sunset and sunrise or when vision is unduly restricted by weather or in violation of the Rules for Town Beaches as established by the Board of Selectmen.
(5) Safe Operation. No person shall operate a personal watercraft except in a safe and prudent manner, having due regard for other waterborne traffic, posted speed and wake restrictions, and all other attendant circumstances, so as not to endanger the life, limb or property of any person.
(6) Negligent Operation. No person shall operate a personal watercraft in a negligent manner. The following are prohibited as examples of negligent operations: (a) Unreasonably jumping, or attempting to jump, the wake of another vessel; (b) Following within one hundred and fifty (150) feet of a water-skier; c) Weaving through congested vessel traffic; (d) Speeding in restricted areas; (e) Crossing unreasonably close to another vessel; (f) Operating a personal watercraft in such a manner that it endangers the life, limb or property of any persons; (g) Towing a water-skier or any person in any manner from a personal watercraft.
(7) Proximity. No person shall operate a personal water-craft: (a) Within one hundred and fifty (150) feet of shore or a moored vessel except at headway speed; (b) Within one hundred and fifty (150) feet of a public bathing area; c) Between one hundred and fifty (150) and three hundred (300) feet of a public bathing area except at headway speed; or (d) Within one hundred fifty (150) feet of a swimmer in the water.
(8) Modification. No person shall (a) Remove or modify the exhaust or muffler system of a personal watercraft; or (b) Operate a personal watercraft so modified.
SECTION 3. If any portion of this by-law is invalid, unenforceable, changed by law or regulation, or declared invalid by order, decree or judgment of a court of competent jurisdiction for any reason, that decision shall not affect any other action of this by-law which shall remain in full force and effect and the by-law shall be construed as if such invalid provisions had not been inserted or as if the new law or regulation had been incorporated herein.
SECTION 4. Enforcing persons for this Article are the Chief of Police, the Board of Selectmen, or their designees.
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