Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 8 of chapter 762 of the acts of 1957 is hereby amended by striking out subsection (f).

SECTION 2. Said chapter 762 is hereby further amended by inserting after section 9 the following four sections:-

Section 9A. The commission may, by its own rule or regulation, impose and collect on a daily, monthly or annual basis the following: user fees relative to piers and wharves and parking, dockage, landing, launching and mooring fees in such amounts and under such conditions and to such extent as the commission determines to be necessary, useful or convenient in connection with the leasing supervision or operation of any pier, wharf, dock or waters under the jurisdiction of the city of New Bedford, through its commission. Said fees shall be set at a reasonable rate.

Section 9B. For the purpose of sections nine A to nine C, inclusive, and any subsequent commission rules or regulations, the following words, shall have the following meaning:-

"Bulkhead", a structure or partition to retain or prevent sliding of the land into the water, or to protect the fast land from wave or tidal action.

"Business", any activity engaged in by a person or caused to be engaged in by him, with the object of gain, benefit or advantage either direct or indirect.

"Conduct business", commences, conducts or continues business.

"Conduct business on the piers and wharves", having a business with regular solicitation of orders for the sale of tangible personal property or services or regularly engaging in the delivery of services or property on the piers and wharves, other than by common carrier.

"Harbor", New Bedford harbor.

"Harbor lines", the line marking the boundary beyond which wharves and other structures may not extend.

"Launching", launching of recreational vessels.

"Mooring", all means of securing a vessel to a particular location, other than temporarily by anchor for a period of less than one week, or by attaching her to the shore, to a wharf, float, dock or pier, and shall include year rounds and seasonal moorings.

"New Bedford harbor", the entire harbor and tidal waters in the limits of New Bedford harbor, including the estuary and tidal waters of the Acushnet river and about the islands within the city of New Bedford, and also southerly and westerly of the lines of the harbor, as far as the jurisdiction of the harbor development commission extends, including all channels and entrances into the harbor as far as the same are not under the exclusive control of the United States, and also including all coves, inlets and other parts where the tide runs and flows, within the limits of the city of New Bedford.

"Person", an individual, partnership, trust or association, with or without transferable shares, joint stock company, corporation, society, club, organization, institution, estate, receiver, trustee, assignee or referee, any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals acting as a unit.

"Piers and wharves", all piers, wharves and bulkheads from Wamsutta Street to Hassey Street, exclusive of the New Bedford State pier.

"Restricted mooring area", shall include all waters of New Bedford harbor.

"Services", any activities engaged in by a person for consideration, whether or not such activities are the primary activity of the person providing the service.

"Tangible personal property", personal property of any nature consisting of any produce, goods, wares, merchandise and commodities whatsoever, brought onto, produced or manufactured on said piers and wharves.

"User", those private individuals or corporations who conduct business on the piers and wharves owned by the city of New Bedford and under the general administration and control of the commission.

"Vessel", any water craft, self-propelled or nonself-propelled, used or capable of being used for transportation and craft which is made fast to a wharf or bulkhead or another vessel, moored or berthed, or any facility under the jurisdiction of the harbor development commission.

Section 9C. The commission shall from time to time adopt such rules as it deems necessary and proper including, without limitation, procedures, standards and fees; to limit the speed of vessels within the harbor; to permit moorings, and to cause the removal of derelict and abandoned vessels. The commission may impose reasonable penalties by rule for violation of the rules, which penalties shall not exceed five hundred dollars a day for each violation. Each day that a violation continues shall be a separate offense. Continuing violation of the rules of the commission by any permittee shall be grounds for suspension or revocation of any permit or permits issued by the commission. For the purpose of sections nineteen to twenty-eight, inclusive, of chapter ninety-one of the General Laws, the rules and regulations of the commission shall be considered regulations of the harbormaster of the city of New Bedford.

The commission shall hold a public hearing, preceded by publication, as to the subject matter of the rule and the time and place of the public hearing, at least seven days prior to the hearing. The rules shall be effective thirty days from the date on which notice of such rule making is sent to the mayor and city council of the city of New Bedford. When the commission determines that an emergency involving the public health, safety or welfare requires that rule take effect immediately, it may promulgate such rule with effect upon notice to the mayor and city council of the city of New Bedford and such findings shall be conclusive, provided that the reasons constituting the emergency are set forth therein. Such emergency shall be effective for not more than fourteen days, unless extended after a public hearing after seven days prior published notice. In no case shall such rule be extended for a period in excess of sixty days from the date originally promulgated.

Section 9D. The commission shall annually deliver to the mayor of the city of New Bedford a copy of a report addressed to the city council of the city of New Bedford, which report shall include statements as to its activities hereunder; any recommendations with respect to legislation by the city, the commonwealth or the federal government which may be necessary or expedient to improve the harbor and access thereto or to enable the commission to more efficiently regulate its affairs; and a detailed budget for the next fiscal year.