Commonwealth v. Caldwell

A city of Beverly ordinance provides that “[a]ll boats or vessels moored in the Beverly waters or tied [on] slips in Beverly waters shall be assessed a fee at the rate of One [dollar] ($1.00) per foot of length with a minimum charge of Twenty dollars ($20.00).” Beverly Revised Ordinances, art. IX, § 2-57B(2) (1981). The defendants were convicted in a District Court of violating the ordinance by failing to pay the fee assessed by the Beverly harbormaster for tying their boats on slips in the Beverly waters in 1984. On appeal, they maintain that the required payment, which we refer to as a…