Voted and approved, Annual Town Meeting, May 1, 1991:

ARTICLE 14.  ADOPT DUDLEY POND REGULATIONS AS BY-LAW

Proposed by:  Board of Selectmen

To see if the Town will vote to amend the By-laws of the Town of Wayland by adding thereto the following new Article:

"ARTICLE 30.  DUDLEY POND RULES AND REGULATIONS

Section 1.  General

1.1  These Rules are adopted in order to ensure the public health, safety, and welfare in the area of Dudley Pond.

1.2  These Rules are intended to supplement all present or future boating and safety regulations of the Commonwealth of Massachusetts.  Pamphlets explaining the State regulations, which must also be observed, should be obtained from the Marine and Recreational Vehicles Division, Massachusetts Department of Environmental Affairs.

1.3  The following are prohibited on the Pond and on Town property adjacent the Pond:

a.  Depositing brush, litter, trash, or waste except into receptacles placed for that purpose.

b.  Igniting or using a fire, including but not limited to cooking devices.

c.  Possessing or consuming alcoholic beverages.

1.4  If the Police Chief or his designee determines that emergency or overcrowded conditions exist, they may temporarily limit or suspend recreational use of the Pond and adjacent Town property, pending further action by the Board of Selectmen.

1.5  A nightly curfew, prohibiting any use or occupancy of all Town property adjacent to the Pond shall be observed between the hours of 10:00 P.M. and 4:00 A.M.

a.  Upon written application, the Selectmen may issue a special permit to an individual or identifiable organization for use or occupancy of Town property between the hours of 10:00 P.M. and 4:00 A.M.

b.  If, on the written report of two households neighboring Town property or of the Police Department, the Selectmen determine that an extended curfew is necessary for the public safety or welfare, the Selectmen may extended the curfew to the hours from sunset to sunrise or otherwise by causing notice of such extension to be posted on the premises.

c.  With reference to both a and b above, the Selectmen:

(1)  may limit their action to specified areas or include all Town property adjoining the Pond;

(2)  shall provide the Police Department with copies of any special permits or posted notices; and

(3)  shall state the duration of any permit or curfew extension, neither of which may exceed one year.

Section 2.  Boats, Skis, Vehicles, Crafts, and Other Conveyances

2.1  Definitions

a.  The term "craft" as used herein shall mean all types of boats, skis, vehicles, and conveyance which can be used on or in the Pond, including but not limited to: canoes, kayaks, sailboats, catamarans, and sailboards; where the context so requires or permits, it shall also include automobiles, trucks, ice boats, and snowmobiles.

b.  The term "headway speed"  as used herein shall mean the slowest speed at which a craft may be operated and maintain steerage way, in no case to exceed six (6) miles per hour.

2.2  All craft using Dudley Pond and Town-owned portions of its shoreline must be certified and registered in accordance with the laws of the Commonwealth of Massachusetts, if applicable.

2.3  No craft shall be powered by motor or engine on or beneath the surface of the Pond for commercial or recreational purposes unless:

a.  the craft is a boat, and the motor is an outboard having 10 horsepower or less; or

b.  the motor is electric; or

c.  the craft is being used for purposes of protecting the safety, health, and environment of the public, and written permission has first been obtained from the Board of Selectmen.

2.4  Motorized craft shall not exceed a speed of 10 miles per hour, except for the purposes of law enforcement or rescue being performed by Police or Fire agencies.

2.5  From sunset to sunrise, and at any other time when visibility is poor, each craft shall exhibit a light sufficient to make its presence discernible.

2.6  Personal flotation devices shall be carried aboard all craft in accordance with the requirements for recreational boats as established by the U. S. Coast Guard.

2.7  No person shall operate any craft while he or she is under the influence of intoxicating liquor, barbiturates, narcotics, or other controlled substances, including marijuana.

2.8  No person shall operate any craft in a negligent manner so that the lives or safety of the public might be endangered.

2.9  All craft must always be operated safely, courteously, and at a safe distance to prevent their wash from being thrown into or causing excessive rocking to swimmers, floats, rafts and other crafts.

2.10  In any event, no craft shall travel faster than a speed that is safe, reasonable, and proper under existing conditions.

Section 3.  Particular Areas of Caution

Beyond 150 feet of shore is primarily for use by crafts.  Within 150 feet of shore is primarily for use by swimmers and waders.  Those in areas not designated primarily for their use should exercise special caution.

3.1  Crafts are to be operated with extreme caution within 150 feet from the shoreline when heading to and from open water.  In this area craft may not exceed headway speed as defined above.

3.2  Craft traveling in excess of headway speed, beyond 150 feet from shore, must clear persons in the water by at least 100 feet.

3.3  Swimmers should proceed with extreme caution beyond 150 feet from shore.

3.4  Swimming buoys and flagged buoy markers, one hundred and 150 (150) feet from shore, may be placed per authorization of the Selectmen."

MOTION:

Marcia Crowley moved and was duly seconded that the Town amend the By-laws of the Town of Wayland by adding thereto the following new Article: "Article 30.  Dudley Pond Rules and Regulations" as in the words of the Article.

VOTED: UNANIMOUSLY IN FAVOR