City of Bangor, ME Chapter 140 Harbor and Waterways

[HISTORY: Adopted by the City Council of the City of Bangor as indicated in article histories. Amendments noted where applicable.]

Article I Harbor Rules and Regulations

[Adopted as Ch. III, Art. 8; amended 2-8-1993 by Ord. No. 93-32]

§ 140-1 Boundaries of jurisdiction.

The rules and regulations contained herein shall govern water recreation, navigation and all boating activities on the Penobscot River and its estuarine tributaries, extending from the Bangor-Hampden town line to the Bangor-Veazie town line and to the head of tide on the Kenduskeag Stream and extending to the harbor line on the Brewer side of the river, as shown on a plan prepared by the Department of the Army Corps of Engineers, New England Division, entitled "Penobscot River, Maine, Bangor Harbor, Conditions Survey, Fourteen Foot Channel," Drawing No. BGH-2206, Sheets 1 and 2 of 2, dated October 1983, a copy of which is on file in the City Engineer's office.

§ 140-2 Harbor Master.

A Harbor Master shall be appointed annually by the City Council on the basis of merit and fitness alone. The Harbor Master shall have the authority to enforce the rules and regulations of the statutes of the State of Maine relating to the operation of vessels, as contained in 38 M.R.S.A. Chapter 1 and other rules and regulations as contained herein. The Harbor Master shall keep a log of all activities within the harbor area and shall collect all fees as hereinafter established, to be turned over daily to the City Treasurer. The Harbor Master shall be subject to the authority and direction of the City Manager (or their designee).

§ 140-3 (Reserved) [1]

[1] Editor’s Note: Former § 140-3, Harbor Advisory Committee, as amended, was repealed 2-13-2012 by Ord. No. 12-069.

§ 140-4 River corridor uses.

A. The area located between the shoreline and the harbor line on the Bangor side of the river and all of the area of the river and stream located above the Joshua Chamberlain Bridge shall be defined as the "Inner Harbor." The portion of the Inner Harbor located below the Joshua Chamberlain Bridge shall be used for the berthing or tying up of vessels to shoreline bulkheads, piers, wharves and floats; mooring or anchoring of vessels within the Inner Harbor area downriver from the Joshua Chamberlain Bridge will not be permitted unless authorized by the Harbor Master. The Inner Harbor area above the Joshua Chamberlain Bridge shall be used for private moorings and for anchorage, as authorized by the Harbor Master. A seventy-five-foot-wide channel, measured easterly from the Bangor Harbor line, shall be kept clear for the passage of vessels, and a 150-foot-wide channel shall be kept clear between the two center river piers of the Joshua Chamberlain Bridge.

B. The area between the two channels extending downriver for a distance of 350 feet from the Joshua Chamberlain Bridge shall be used for the placement of publicly owned guest moorings and for anchorage, as authorized by the Harbor Master.

C. The above-described channels and mooring area shall be defined by lines measured parallel to the Bangor Harbor line.

D. Private mooring will not be permitted below the Joshua Chamberlain Bridge, nor will the anchoring of vessels be allowed in locations other than the mooring and anchorage area described above, except as authorized by the Harbor Master.

§ 140-5 Docks and floats.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Landing docks will be maintained at the Bangor Waterfront Park within the Inner Harbor area from May 15 to October 15 for the use of the public, unless weather conditions dictate later installation or earlier removal, as determined by the Director of Parks and Recreation.

A. Tie-up time. The face of floats will be clearly marked with the permitted maximum time of tie-up. A fifteen-minute tie-up, with no unattended vessels, will be permitted on a portion of the floats designated by the Harbor Master, and a two-hour maximum tie-up will be permitted on the remaining portion of the floats. The permitted tie-up time will not be exceeded without the prior authorization of the Harbor Master, nor will tie-up be allowed which will conflict with the scheduled arrival and/or departure of authorized cruise boats as described in Subsection B below or scheduled arrival of other boats for which space has been previously reserved with the Harbor Master.

B. Cruise boats. The City Manager or their designee may authorize the use of all or portions of the floats by private cruise boats for the purpose of loading and unloading of passengers for periods of three consecutive days or less. Such use of the floats, as well as any other commercial use, for periods of four or more days will be allowed only upon the approval of the appropriate Council committee. A schedule of such activity, including the times of arrival and departure, shall be posted at the float. Other boats shall not use the float in such a manner as to impede scheduled cruise boat operations.

[Amended 12-27-2000 by Ord. No. 01-58]

C. Other boats. Rowboats, canoes, dinghies or other unpowered boats may be tied to the ends or the rear of the floats in areas designated by the Harbor Master for dinghy tie-up after registration with the Harbor Master, subject to the payment of an annual fee. Said boats shall be properly and reasonably maintained; if not, they shall be removed by the Harbor Master at the owner's expense and risk, and the owner will lose further privilege for such use of the float for dinghy tie-up. Boats over 14 feet in length will not be allowed to be tied up in the dinghy area.

D. Overnight use. Overnight tie-up to the public float will be allowed only upon permission from the Harbor Master and upon payment of established fees for such use.

E. Penalties. Any person who leaves a vessel moored to the public float beyond the allotted time or in such a manner as to impede approved cruise boat operation will be punished as provided in § 140-8 of this article. Each day shall be considered as a separate violation.

[Amended 9-14-1998 by Ord. No. 98-339]

§ 140-6 Moorings.

[Amended 9-14-1998 by Ord. No. 98-339; 7-10-2000 by Ord. No. 00-260]

A. Registration. No private mooring shall be placed without the approval of the Harbor Master.

(1) All private moorings shall be registered with the Harbor Master, who shall record the following information:

(a) Name and address of the owner and number of the vessel.

(b) Location of the mooring.

(c) Size and type of mooring and all components.

(2) Each private mooring shall be assigned a number, which shall be displayed on the buoy in permanent letters at least three inches high. All moorings shall be registered at the Engineering Department each year prior to May 15, said registration subject to the payment of an annual fee established by the appropriate Council committee.

[Amended 12-27-2000 by Ord. No. 01-58]

B. Size and type. The mooring scope from staple to bit shall be 2.5 times the maximum high water depth. The minimum mooring weight shall be 1,000 pounds for stone or other bulk moorings or the equivalent for swing-around moorings. The minimum bottom chain size shall be 3/4 inch. In addition to the foregoing specifications for moorings, the Harbor Master may enforce additional written specifications, to be conveniently available to the public upon request.

C. Maintenance. No changes in the location of moorings will be allowed without the approval of the Harbor Master. Moorings not registered by May 15 shall become the property of the City. Ownerships of private moorings are not transferable without the written permission of the Harbor Master. Moorings shall be inspected at least once every five years at the owner's expense, either by pulling or by underwater investigation. If, upon inspection, the mooring is considered by the Harbor Master to be unsafe, it shall be repaired or replaced within a period of 10 days.

D. Penalties. Whoever violates any of the above conditions pertaining to moorings or anchoring shall be liable for a fine as provided in § 140-8 of this article.

§ 140-7 Operation of watercraft; disposal of refuse.

A. No watercraft shall be used or operated within the harbor area so as to cause danger, annoyance, disturbance or inconvenience to the public. Motorboats without suitable mufflers will be prohibited.

B. All watercraft operating within a distance of 500 feet below the Joshua Chamberlain Bridge, including the Inner Harbor areas above the bridge, shall maintain a speed of not more than five knots.

C. No person or vessel shall dump or dispose of any refuse or garbage upon the shore of the Penobscot River or its tributaries or upon the waters of the river. No vessel shall deposit, throw, sweep or cause to be deposited or swept into the waters of the Penobscot River or its tributaries any gasoline, oil, fuel or sewage or any floating objects which may cause obstruction or danger to navigation.

§ 140-8 Violations and penalties.

Any master or owner of any vessel or boat or any other person who shall violate any of the provisions of any rules or regulations contained herein to which a specific penalty is not annexed or otherwise provided by law shall forfeit and pay a sum of not less than $25 nor more than $100, to be recovered upon complaint by the Harbor Master before District Court.

§ 140-9 Use of public facilities; liability.

Any use of the public facilities mentioned above, i.e., public floats, parking areas, moorings and Waterfront Park areas shall be at the user's risk, and the City of Bangor will not be liable for any damage or injury resulting from the use of said facilities.

Article II River Control

[Adopted as Ch. VI, Art. 5]

§ 140-10 Channel to be kept open.

No vessel, steamboat or raft shall be allowed to anchor or lie in the main channel of the Penobscot River between the Bangor-Brewer Bridge, connecting Pine Street on the Bangor side and State Street on the Brewer side, and the north line of Hampden in such a manner as to obstruct the free passage of vessels, boats and rafts up and down said river.

§ 140-11 Casting debris in river.

[Amended 9-14-1998 by Ord. No. 98-339]

If any owner or owners or master of any vessel or any other person shall cast or throw, or cause or suffer to be cast or thrown, from their vessel or from any other place any stone, sand or ballast or any other thing into the channel of said river, whereby navigation of the same may be injured, they shall forfeit and pay for each offense a sum as provided in § 140-12, and if any person shall cast or throw, or cause or suffer to be cast or thrown, from any wharf or dock in said port of Bangor into the water of said river any stone, sand, cinders or any other thing which may decrease the depth of water at said wharf or dock, they shall forfeit the sum as herein provided.

§ 140-12 Violations and penalties.

[Added 9-14-1998 by Ord. No. 98-339]

Any master or owner of any vessel or boat or any other person who shall violate any of the provisions of this article to which a specific penalty is not annexed or otherwise provided by law shall forfeit and pay a sum of not less than $25 nor more than $100, to be recovered upon complaint by the Harbor Master before District Court.