§ 406-18. Mooring servicers.

A. 

No one shall place, maintain, service, repair, or replace any mooring without a valid mooring servicer's license issued by the Harbormaster's Office. This license shall not apply to individual mooring permit holders who maintain their own moorings and have annual inspections by the Harbormaster's Office.

B. 

Mooring servicers shall abide by all federal, state, and local laws, rules, regulations, conditions, and lawful orders of the Harbormaster and/or his assistants.

C. 

No mooring servicer shall place, maintain, service, repair, or replace any mooring that is not permitted by the Town of Barnstable.

D. 

All mooring and mooring buoys (tackle) must be placed and in the water in their permitted location on or before July 1 of each year and remain in the water until September 1 of each year.

E. 

All mooring inspections must be fully completed by July 1 of each year; however, the Harbormaster may grant an extension to September 1 for moorings 500 pounds or greater upon request. Inspection reports shall be on forms approved by the Harbormaster's Office and submitted by July 15 unless extension has been granted.

F. 

Any changes to mooring tackle after the inspection report has been submitted to the Harbormaster's Office shall require a new inspection report to be submitted within 10 days of said changes.

G. 

The Town of Barnstable and its employees accept no responsibility or liability.

H. 

Mooring inspection and service work shall not be subcontracted unless written permission is granted by the Harbormaster's Office. Upon permission, the mooring servicer of record shall be responsible for all mooring inspection reports.

I. 

Each mooring servicer shall submit to the Harbormaster's Office a complete, alphabetical list of all their customers serviced within the Town of Barnstable by September 1 of each year.

J. 

It shall be the responsibility of the mooring servicer to place all identification markings on the moorings they service by the appropriate deadline.

K. 

Minimum applicant requirements:

(1) 

One year of experience in mooring service work.

(2) 

Documented proof of knowledge and experience in the Town of Barnstable mooring gear and regulations.

(3) 

Local knowledge.

(4) 

Three business references.

(5) 

Proper mooring service vessel or platform, as approved by the Harbormaster's Office.

L. 

Application procedure:

(1) 

Existing mooring servicers shall reapply for authorization yearly on forms provided by the Harbormaster's Office by January 31. The Harbormaster's Office will issue a decision within 30 days.

(2) 

New applicants shall apply on forms supplied by the Harbormaster's Office. The Harbormaster's Office will issue a decision within 60 days.

(3) 

Applications that are incomplete and do not contain all required information will not be processed. The Town of Barnstable assumes no liability for lost, late, or incomplete applications or documents.

(4) 

There shall be an annual application fee of $100 for each mooring servicer's license application.

M. 

Penalties.

(1) 

Failure of a licensed mooring servicer to abide by these regulations or the direction of the Harbormaster's Office may result in the revocation or nonrenewal of said license. However, no such revocation shall take place without written notification of the violation to the servicer.

(2) 

Depending on the severity of the offense, a progressive approach will be utilized:

(a) 

First offense: verbal-type warning.

(b) 

Second offense: written warning.

(c) 

Third offense: revocation of license.

(3) 

Anyone aggrieved by a license revocation may appeal to the Town of Barnstable's Waterways Committee.