ClassAction
Guest
I'm trying to look up the ordinance, but for some reason, the city's website keeps freezing in my browser. Can anyone else open this page? http://www.gloucester-ma.gov/localpages/cityclerk/city-ordinance.htm
New Dive Flag Regulations for Cape Ann Area?!?!?!
- Thread starter christine1223
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lord1234
Contributor
Sec. 10-81. Scuba and skin diving.
(a) Driver's flag. Scuba or skin divers within the Gloucester waterways shall display a diver's flag consisting of a white diagonal stripe on a red field not less than twelve by fifteen inches (12 X 15) in size. The flag shall be displayed upright on a float or similar device at a height sufficient to be seen by passing vessels. The diver shall trail this flag while submerged, unless the harbormaster grants permission to do otherwise, and shall surface within twenty-five (25) feet of the flag.
(b) Distance from buoys. The diver shall maintain a distance of at least twenty-five (25) feet and stay clear when vessels are hauling traps in the immediate area.
(c) Prohibition. The harbormaster may prohibit scuba or skin diving in areas within Gloucester waterways where such diving cannot, in the harbormaster's opinion, be carried out safely without undue inconvenience to vessel operations.
(d) Beach regulations. Scuba or skin divers must comply with beach regulations promulgated by the director of public works.
(Ord. No. 17-1993, 12-14-93)
I wish them extra luck in enforcing (c) due to "right of way" laws
(a) Driver's flag. Scuba or skin divers within the Gloucester waterways shall display a diver's flag consisting of a white diagonal stripe on a red field not less than twelve by fifteen inches (12 X 15) in size. The flag shall be displayed upright on a float or similar device at a height sufficient to be seen by passing vessels. The diver shall trail this flag while submerged, unless the harbormaster grants permission to do otherwise, and shall surface within twenty-five (25) feet of the flag.
(b) Distance from buoys. The diver shall maintain a distance of at least twenty-five (25) feet and stay clear when vessels are hauling traps in the immediate area.
(c) Prohibition. The harbormaster may prohibit scuba or skin diving in areas within Gloucester waterways where such diving cannot, in the harbormaster's opinion, be carried out safely without undue inconvenience to vessel operations.
(d) Beach regulations. Scuba or skin divers must comply with beach regulations promulgated by the director of public works.
(Ord. No. 17-1993, 12-14-93)
I wish them extra luck in enforcing (c) due to "right of way" laws
lord1234:
If you represent a hazard to safe navigation, the harbormaster and Coast Guard both already had this power even without the town ordinance. They don't want you doing things like blocking a navigational channel making it impossible to for a boat to safely pass your flag and still remain in the channel.
scubadobadoo
Contributor
I am confused now. Let's say I am at Folly Cove and have been down for 30 minutes already and a lobster boat comes to check traps and I am 30 feet away from the lobster traps. Who has the right of way? Does this boat now have the right to run my flag over or get as close to it as he/she wants without regard for my safety and the right of way laws? How the hell am I supposed to stay clear of the lobster boat if I can't see it and have already been in an area long before the boat arrived? Who has the right of way here? Wouldn't the boat get ticketed for this?
OP
christine1223
Guest
Just got this from Fran... Thought that I should add it... I hope that we can get as much support as possible for this. I encourage clubs, shops, and charters to send representatives on August 9.
Have you been contacted yet regarding the new Gloucester Dive Flag by-law? The Bay State Council met last week to discuss strategy. I don't have the exact wording of the bylaw yet, but in essence it states that "ALL" divers are required to carry a dive flag, must remain within 25 feet of the flag and can be no closer than 25 feet from a trap warp, in effect from the buoy to the last trap on the line, or any part thereof. Under Massachusetts state law a local by-law cannot frustrate the purpose of the state law. The town of Gloucester believes that if a town bylaw is stricter than state law then it does not "frustrate the purpose" of the state law.
The BSC went through this about 15 years ago with the town of Nahant which passed a bylaw much like Gloucester's. At that time local dive instructor Rusty Murray allowed herself to be arrested under the town bylaw. The Council hired Attorney E. Steven Cohen to defend Ms Murray and had the bylaw repealed. Attorney Cohen is co-author of PADI's book of law and diving.
Recently Dave Stillman contacted Attorney Cohen regarding the Gloucester situation. Dave has heard from the Harbor Master, Assistant Harbor Master and City Solicitor of Gloucester who all believe that if the bylaw is stricter than the state law, than it is OK. Mr Cohen had this to say.
"This is not necessarily true. If a by-law conflicts with a state law, being stricter does not necessarily validate the by-law. It depends if the state statute is part of a comprehensive statutory scheme that preempts any state action (which was argued in the Nahant case) or if the by-law frustrates the purpose of the state law (which was argued in the Nahant case) In this case, the by-law is stricter but does not automatically mean the bylaw is valid."
"A by-law must be in conflict with a state law and must frustrate the purpose of the state law to be stricken. In this case, as in Nahant, the Gloucester by-law conflicts with state law and, frustrates the purpose of the state statute so I believe this is the same situation as Nahant"
Because of Mr. Cohen's experience in these matters, the Council believes he is pre-eminently qualified to represent the diving community in this case. For his part Cohen has agreed to lower his hourly rate and estimates it would cost between $3000 to $4500. He would also prefer to have the Council as his client, in effect representing the "Grass Roots" of the diving community as apposed to commercial interests such as Dive Shops or Charter Boats.
However, the Council is strapped for cash. Our last meeting raised approximate $760. The New England Aquarium Dive Club contributed $200. Many individuals, myself included contributed $100. We're asking the dive clubs, shops and charter boats to contribute what they can. If we let the Gloucester bylaw sit than it's likely other coastal towns will follow with their own restrictive legislation making their defeat all the more costly.
Sincerely
Christopher C. Hugo
Board of Directors, Bay State Council of Divers
P.S. UPDATE; The BSC has contracted Attorney Cohen to represent us in the up coming case against the City of Gloucester. We've set up an informational meeting with Mr. Cohen for August 9, 7:30 PM at the Neptune's Clubhouse, corner of Quarry and Joyce Streets, Quincy. Although all are welcome, space dictates that dive shops, charter Captains, and clubs send representatives.
Another meeting has been scheduled with Mr. Cohen for the general public on August 14. We're trying to get the Aquarium, but that's not definite.
For those interested in contributing to this cause, the Council cannot handle Pay Pal or Credit Cards, the key to our survival has been being as "low-maintenance" as possible
Checks should be made payable to Bay State Council of Divers and sent to;
Bay State Council of Divers c/o South Shore Neptune's, P.O. Box 518, Quincy, Mass. 02169
Angelo Correnti can be reached at 781-391-1034 or correntibe@aol.com
Have you been contacted yet regarding the new Gloucester Dive Flag by-law? The Bay State Council met last week to discuss strategy. I don't have the exact wording of the bylaw yet, but in essence it states that "ALL" divers are required to carry a dive flag, must remain within 25 feet of the flag and can be no closer than 25 feet from a trap warp, in effect from the buoy to the last trap on the line, or any part thereof. Under Massachusetts state law a local by-law cannot frustrate the purpose of the state law. The town of Gloucester believes that if a town bylaw is stricter than state law then it does not "frustrate the purpose" of the state law.
The BSC went through this about 15 years ago with the town of Nahant which passed a bylaw much like Gloucester's. At that time local dive instructor Rusty Murray allowed herself to be arrested under the town bylaw. The Council hired Attorney E. Steven Cohen to defend Ms Murray and had the bylaw repealed. Attorney Cohen is co-author of PADI's book of law and diving.
Recently Dave Stillman contacted Attorney Cohen regarding the Gloucester situation. Dave has heard from the Harbor Master, Assistant Harbor Master and City Solicitor of Gloucester who all believe that if the bylaw is stricter than the state law, than it is OK. Mr Cohen had this to say.
"This is not necessarily true. If a by-law conflicts with a state law, being stricter does not necessarily validate the by-law. It depends if the state statute is part of a comprehensive statutory scheme that preempts any state action (which was argued in the Nahant case) or if the by-law frustrates the purpose of the state law (which was argued in the Nahant case) In this case, the by-law is stricter but does not automatically mean the bylaw is valid."
"A by-law must be in conflict with a state law and must frustrate the purpose of the state law to be stricken. In this case, as in Nahant, the Gloucester by-law conflicts with state law and, frustrates the purpose of the state statute so I believe this is the same situation as Nahant"
Because of Mr. Cohen's experience in these matters, the Council believes he is pre-eminently qualified to represent the diving community in this case. For his part Cohen has agreed to lower his hourly rate and estimates it would cost between $3000 to $4500. He would also prefer to have the Council as his client, in effect representing the "Grass Roots" of the diving community as apposed to commercial interests such as Dive Shops or Charter Boats.
However, the Council is strapped for cash. Our last meeting raised approximate $760. The New England Aquarium Dive Club contributed $200. Many individuals, myself included contributed $100. We're asking the dive clubs, shops and charter boats to contribute what they can. If we let the Gloucester bylaw sit than it's likely other coastal towns will follow with their own restrictive legislation making their defeat all the more costly.
Sincerely
Christopher C. Hugo
Board of Directors, Bay State Council of Divers
P.S. UPDATE; The BSC has contracted Attorney Cohen to represent us in the up coming case against the City of Gloucester. We've set up an informational meeting with Mr. Cohen for August 9, 7:30 PM at the Neptune's Clubhouse, corner of Quarry and Joyce Streets, Quincy. Although all are welcome, space dictates that dive shops, charter Captains, and clubs send representatives.
Another meeting has been scheduled with Mr. Cohen for the general public on August 14. We're trying to get the Aquarium, but that's not definite.
For those interested in contributing to this cause, the Council cannot handle Pay Pal or Credit Cards, the key to our survival has been being as "low-maintenance" as possible
Checks should be made payable to Bay State Council of Divers and sent to;
Bay State Council of Divers c/o South Shore Neptune's, P.O. Box 518, Quincy, Mass. 02169
Angelo Correnti can be reached at 781-391-1034 or correntibe@aol.com
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