§ 406-4. Mooring permits.

A Town of Barnstable mooring permit is required for all moorings placed in the waters of the Town of Barnstable. Falsifying information on a mooring permit application or failure to submit a fully completed mooring permit application shall be cause for nonconsideration of such application. All mooring permits are issued for the use of the vessel indicated on the permit. The use of the mooring by any other vessel without the written consent of the Harbormaster's Office will be grounds for revocation of the mooring permit, and/or citation(s) may be issued to the vessel owner. All mooring permits shall be annually renewed by February 28. There shall be a late renewal period subject to an additional fee from March 1 to March 31. All renewals must be received by the Harbormaster's Office no later than 4:15 p.m. of the deadline day. If the deadline day falls on a day when the Harbormaster's Office is closed, then the deadline will be the next business day. If a permit is not renewed before the late period ends, the vessel owner will be required to reapply as required for a new permit.

A. 

Individual mooring permit.

(1) 

Vessel owners wishing to moor their vessel in the waters of the Town of Barnstable must obtain an annual mooring permit and are solely responsible for obtaining an individual mooring permit. Vessel owners may elect to install and maintain their mooring, provided they fully comply with these regulations. Vessel owners who elect not to install and maintain their mooring must annually identify their mooring servicer on their permit application.

(2) 

No mooring servicer shall inspect, place or service a mooring for a vessel owner without proof of a current mooring permit issued by the Harbormaster from their customer or the Harbormaster's Office.

(3) 

For all new mooring applications and changes of vessels: Vessels must be owned by the mooring permit holder. Further, all vessels must be registered or documented with and in the same name of the mooring permit holder as listed on the mooring permit. The spouse of a legally married couple may appear on registration, documentation, title and/or bill of sale. However, the mooring permit is issued solely to the individual name on the mooring permit.

(4) 

Individual mooring permits are issued on the basis of one boat, one mooring (primary mooring). For vessel owners requesting more than one mooring per boat (secondary mooring), consideration of mooring application will only be given if such moorings are not in an area for which a waiting list has been established pursuant to § 406-16.

(5) 

The ownership of waterfront property in no way guarantees nor implies any right of the property owner to obtain a mooring permit.

(6) 

Vessel owners are required to submit the following documents with new applications and renewals:

(a) 

Proof of current registration or documentation of the vessel.

(b) 

Proof of payment of latest Town of Barnstable boat excise tax or acknowledgment of responsibility for the same to the Town Assessor's office.

(c) 

Completed mooring application.

(d) 

For all new mooring applications, a completed mooring inspection form. All mooring renewals shall submit by September 1 a completed mooring inspection report for every full inspection required. It shall be the ultimate responsibility of the mooring permit holder to ensure said inspection report is submitted. Failure to submit a full inspection report may be grounds for termination of the mooring permit.

(7) 

The owner of a vessel shall be as listed on the certificate of registration or documentation. Additional confirmation of ownership may be required by:

(a) 

Sales tax receipt.

(b) 

Current insurance policy.

(c) 

Boat title.

(8) 

Permitted individual moorings are transferable within the immediate family. The immediate family shall include brother, sister, son, daughter, father, mother, or spouse. Transfer fee, documentation to support the relationship, and a notarized letter stating the intent to transfer the mooring are required. No more than one transfer may occur per year (365 days).

(9) 

A second vessel of the same or lesser length, draft, and size may be permitted as a secondary vessel at the discretion of the Harbormaster's Office. Such vessel must be solely owned by the mooring permit holder. This in no way would allow for an additional mooring, only the use of the mooring by an alternate vessel permitted by the Harbormaster's Office. Only one vessel may be attached to the mooring at one time, and rafting shall be forbidden.

B. 

Rental moorings. Applicants for any type of rental mooring permit for the current season must, in addition to the requirements of these regulations, submit proof of a permit from the Army Corps of Engineers, or proof that the rental mooring applicant has submitted all the correct information as required by the Army Corps of Engineers to show they are in substantial compliance with the federal application process. Failure to comply with the above will result in denial of the application.

(1) 

The maximum number of rental mooring permits allowed shall be:

(a) 

Seasonal: 165.

(b) 

Transient: 30.

(2) 

Seasonal rental moorings.

(a) 

Seasonal rental mooring owners must obtain an annual seasonal rental mooring permit for each seasonal rental mooring.

(b) 

A one-year grace period shall be allowed for unused seasonal rental moorings. If the rental mooring is not rented for the mooring year, the owner must remove such mooring, and the mooring permit shall be revoked.

(c) 

Seasonal rental moorings may not be sold, transferred, or assigned to any person, corporation, partnership, organization or entity other than the lessee of such mooring in the previous season. Should the mooring owner transfer ownership of such mooring in the manner noted above, the rental mooring permit shall be revoked, and the number of seasonal rental mooring permits originally allowed shall be reduced accordingly.

(d) 

Seasonal rental mooring permit holders shall be required to keep complete and accurate records of each rental, and submit to the Harbormaster's Office by May 14 of each year:

[1] 

Name and address of person renting mooring.

[2] 

Proof of current registration or documentation where applicable.

[3] 

Proof of payment of Town of Barnstable's boat excise tax, or acknowledgment of responsibility for the same to the Town Assessor's office, for the vessel occupying the mooring.

(e) 

If the original user of a seasonal rental mooring relinquishes use, the owner of the rental mooring must notify the Harbormaster's Office by April 1. A vacated rental mooring shall be offered to all individuals on the rental mooring waiting list, beginning at the top.

(3) 

Transient rental mooring permits. Transient rental mooring owners must obtain an annual transient rental mooring permit for each transient rental mooring. In addition to the required blue horizontal stripe on the mooring buoy, a four-inch orange horizontal stripe shall be on the top of the buoy. Transient rental mooring permit holders shall submit upon the request of the Harbormaster the days/dates of use of each transient mooring. The Harbormaster's Office shall collect a fee for any Town of Barnstable transient rental moorings.

C. 

Commercial yard mooring permits.

(1) 

Commercial yard mooring owners must obtain an annual commercial yard mooring permit for each commercial yard mooring.

(2) 

The maximum length of stay for a vessel on a commercial yard mooring (if permitted) shall be 14 days except with the expressed written consent of the Harbormaster's Office.

(3) 

All mooring balls shall be marked with a minimum eight-inch letters with the yard initials followed by a space and "C."

(4) 

The number of commercial yard mooring permits allowed shall be strictly controlled and issued on a proven-needs basis only.

D. 

Special event permit.

(1) 

A private mooring permit holder may loan his/her mooring for a "special event," subject to the terms, conditions, and prior approval of the Harbormaster's Office by permit to the organizer of the event, and for periods of no longer than four days. The organizer of the special event shall be solely responsible for ensuring the terms and conditions of the special event permit, for getting approval of the private mooring permit holder, and for any liability incurred associated with the special event as it relates to this section/regulation.

(2) 

"Special event" may include but is not limited to Yacht Club regattas, special races, organized boat shows/events, or events that require a marine event permit issued by the USCG.

(3) 

No one shall assign or allow the use of any mooring for any event without a special event permit issued by the Harbormaster's Office.