[HISTORY: Adopted by The Commissioners of
St. Michaels as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Waterways management — See Ch. 333.
[Adopted 12-8-1987 by Ord. No. 182]
For the purposes of this article, the words
and phrases set forth in this section shall be defined as follows:
Any person possessing a commercial license issued by the
State of Maryland to catch clams, crabs, fish or oysters.
[Amended 11-9-2022 by Ord. No. 538]
To secure or make fast a vessel with cables, lines, ropes,
hooks and/or anchors.
Any pier or wharf owned by a municipal corporation and intended
for the use by the public in general, without payment of dockage rental
fees.
Includes boats of all types, regardless of how propelled,
and shall include seaplanes when not airborne.
[Amended 12-13-2017 by Ord. No. 485; 1-10-2019 by Ord. No. 498; 11-9-2022 by Ord. No. 538]
No person, with the exception of commercial waterman, shall
moor a vessel at the public wharf located at the end of Mulberry Street
for longer than four hours. Commercial waterman may moor at the South
one-half of the wharf and may raft out from the vessel moored at dockside.
The loading dock and slips 1 and 2 located on Harbor Road is reserved
for the use of commercial waterman. No person shall moor a vessel
at the public wharf at Hollis Park for longer than four hours, and
there shall be no docking between the hours of 10:00 p.m. and 7:00
a.m. No vessel shall raft out from the vessel moored at dockside at
Hollis Park.
[Amended 3-10-2021 by Ord. No. 520; 11-9-2022 by Ord. No. 538]
Police officers of the Town of St. Michaels shall have the authority
to board any boat docked on a public wharf in violation of this article
for the purpose of causing any such violation to cease or identifying
the owner of said vessel and may cause such vessel to be moved or
towed to another location. In addition to any fines issued, moving
or towing of the vessel shall be done at the vessel owner's sole cost
and expense. Such costs and expenses shall constitute a lien on the
vessel and must be paid in full before the Town will authorize the
vessel's release.
In addition to the violation of this article
by the operator of a vessel, the owner of any vessel who permits his
or her vessel to be moored in violation of this article shall be in
violation of this article. For the purposes of this article, the operator
shall be deemed to be the owner unless evidence to the contrary is
introduced into evidence.
[Amended 3-10-2021 by Ord. No. 520; 11-9-2022 by Ord. No. 538]
Violations of this article are declared to be municipal infractions.
The penalty for violation of this article shall be $250 for each offense,
and each two-hour period following the initial violation shall be
considered a separate offense and subject to a separate citation and
fine. Fines shall be doubled if not paid within 30 days of issuance
of a citation hereunder.
[Adopted 3-10-2021 by Ord. No. 520]
As used in this article, the following terms shall have the
meanings indicated:
Boat slips owned by the Town of St. Michaels at the foot
of West Chew Avenue, also known as Waterman's Dock. These slips shall
be used only by commercial watermen with boats having an approved
Town slip holder agreement.
[Amended 11-9-2022 by Ord. No. 538]
Boat slips owned by the Town of St. Michaels at various locations
in the St. Michaels Harbor. These slips shall be used only by boats
with an approved Town slip holder agreement.
[Amended 11-9-2022 by Ord. No. 538]
A.
With the exception of commercial watermen with an active Maryland
commercial fisheries license, as of April 1, 2021, each applicant
must pay a one-time nonrefundable fee of $150 in order to be put on
(or remain on) the waitlist for a Town boat slip.
B.
Waitlist applicants must renew their waitlist application each year
to remain on and maintain their position on the waitlist. The renewal
application along with a nonrefundable $20 renewal fee must be received
by January 15 of each year. Failure to submit appropriate documents
will result in removal from the waitlist.
C.
When a Town boat slip becomes available, the Town will notify the
applicant by phone. If the applicant does not respond within five
days, a certified letter will be sent to the applicant's mailing address
on file. The applicant has seven days from the date the letter is
mailed to respond. Failure to respond with intent to lease the Town
boat slip will result in forfeiture of the Town boat slip and removal
from waitlist.
(1)
If the applicant's boat does not fit in an available Town boat slip
with proof, the applicant may remain on waitlist in their current
position.
(2)
If the applicant does not currently have a boat, one must be obtained
or proof of purchase with an estimated delivery date must be provided
to the Town within 30 days; otherwise, the applicant will forfeit
the Town boat slip and be removed from the waitlist.
A.
The slip holder has 30 days from the verbal or written intent to
rent a Town boat slip to provide proof of current Maryland registration
and title, fees and a completed slip agreement. Failure to submit
all required items within 30 days will result in forfeiture of the
Town boat slip and removal from the waitlist.
(1)
The Town will accept no slip holder agreements or fees until all
requirements are met.
(2)
If the slip holder owns more than one boat which will be used in
the Town boat slip, they must provide a current Maryland registration
and title for each boat.
(3)
In addition to the slip rental rate, with the completion of each
slip agreement, the slip holder will be issued a decal identifying
the boat for the assigned Town boat slip. The decal will need to be
placed on the boat next to the Maryland registration decal and any
fishing license decals.
B.
The slip holder, for themself, their heirs, successors and assigns,
waives any and all claims against the Town and its officials and employees
for any loss or damage to any boat occupying the Town boat slip and
any and all liability for death or personal injury to the slip holder's
person or property and for the death, personal injury or property
damage of any other person(s) caused or alleged to be caused or contributed
to by the Town boat slip or use thereof.
C.
The lease term may be extended for one or more additional one-year
periods, providing that all conditions of the lease, as written or
as amended by the Town are met; provided, however, no lease shall
be extended or renewed unless the balance of the rental fee owed by
the slip holder to the Town is paid in full.
D.
The slip holder shall not rent, sell, transfer, sub-lease, loan or
in any manner convey the lease or the use of the Town boat slip, or
otherwise permit any boat or object other than the boat named on the
slip agreement to occupy the Town boat slip.
(1)
Commercial watermen with an active Maryland commercial fisheries
license who are a current slip holder in the St. Michaels Town Harbor,
upon their death, permanent disability or retirement, may direct that
the lease of their Town boat slip may be willed or transferred to
an immediate family member (son/daughter or husband/wife) who also
maintains an active Maryland commercial fisheries license.
[Amended 11-9-2022 by Ord. No. 538]
E.
The Town shall lease the Town boat slips — Back Creek to watermen
with an active Maryland commercial fisheries license to berth their
vessels and offload catch. Should a Town boat slip be vacated by a
waterman, with no demand from other watermen for said slip, and remain
vacant for one year, the slip may be rented to a recreational boater
with a valid Maryland boat registration.
F.
A commercial waterman shall have the ability to renew Town boat slip
lease agreements from year to year so long as they maintain an active
Maryland commercial fisheries license, follow all regulations governing
slip leases in the Town, and operate a commercial waterman's vessel,
as may be verified by the Maryland Department of Natural Resources.
The number of transferable or willed waterman's slips in the Town
Harbor shall not exceed 15 slips including slips 1 and 2 located at
the loading dock off Harbor Road.
[Amended 11-9-2022 by Ord. No. 538]
H.
The slip holder is required to notify the Town if the boat will not
be in the Town Boat Slip for a period of 30 days or longer.
I.
The slip holder shall immediately notify the Town in the event the
slip holder acquires a different boat to occupy the Town boat slip.
If the slip holder sells the boat during the terms of the lease agreement
without acquiring another boat, they will be permitted to retain the
Town boat slip until the end of the agreement or 60 days, whichever
occurs first.
J.
Only boats registered in the State of Maryland shall be permitted
to occupy a Town boat slip. The slip holder shall immediately notify
the Town of any changes in the boat's registration. If the boat should
cease to be legally registered in the State of Maryland, the slip
holder shall immediately forfeit and surrender all rights to the Town
boat slip and the lease agreement shall be void.
K.
Any property which the slip holder shall leave in the premises after
the term of this agreement or any renewal thereof shall be deemed
abandoned to the Town. Slip holders shall reimburse the Town for costs
incurred by the Town in the removal and disposal of said property.
L.
The slip holder shall not use the Town boat slip for the conduct
of any boat chartering or boat rental business.
M.
No person shall live aboard any boat stored or occupying a Town boat
slip.
(1)
Living aboard a boat shall include staying or sleeping upon a boat
for one or more nights.
(2)
A person shall be presumed to have lived upon the boat if they are
aboard the boat at any time between the hours of 11:30 p.m. and 5:00
a.m. unless that person is aboard the boat for the purpose of protecting
the boat from (temporary) imminent danger.
N.
The boat must be kept afloat, in good repair and operational while
in the Town boat slip.
(1)
The boat must leave the Town boat slip under its own power at least
twice a year. The Town or its assignees reserve the right to ask the
owner to demonstrate the designated boat is operational.
(2)
In the event a boat sinks and remains for a period of 30 days, the
Town reserves the right to remove or cause to be removed the same
at the expense of the slip holder in accordance with the State Boat
Act.
O.
The slip holder shall not leave parts, equipment, supplies or trash
on the bulkhead area.
P.
The slip holder shall be limited to leasing one Town boat slip —
Harbor and one Town boat slip — Back Creek to enable access
to separate tributaries, the Miles River and the Choptank River.
Q.
The slip holder shall not alter the Town boat slip or the land to
which it abuts without written permission from the Town.
R.
The slip holder will compensate the Town for any damage caused to
pilings, bulk heading or facilities of the Town by the slip holder,
his agents, guests, or employees. Sufficiency of the compensation
shall be determined by the Town in its sole and absolute discretion.
S.
The slip rental rate may be amended by the Town from time to time,
not more than one time per year.
T.
The slip holder shall abide by all rules and regulations set by the
Town and abide by any lawful order or orders issued by any agent or
agents of the Town regarding the use and occupancy of the Town boat
slip.
A.
Police officers of the Town of St. Michaels shall have the authority
to board any boat docked in a Town slip in violation of this article
for the purpose of causing any such violation to cease or identifying
the owner of said vessel and may cause such vessel to be moved or
towed to another location. In addition to any fines issued, moving
or towing of the vessel shall be done at the vessel owner's sole cost
and expense. Such costs and expenses must be paid in full before the
Town will authorize the vessel's release.
B.
The Town Police and Code Enforcement Officer(s) may conduct reviews of the Town slips at any time. Failure to adhere to § 101-8 of this article is declared to be a municipal infraction. The penalty for violation of § 101-8 shall be $250 for each offense, and each day that a violation continues after notification of the initial violation shall be considered a separate offense and subject to a separate citation and fine.
[Amended 11-9-2022 by Ord. No. 538]
(1)
Unless otherwise stated, three citations will result in immediate
termination of the slip agreement and forfeiture of slip and fees.
(2)
Upon notice of termination of the slip agreement, the slip holder
must remove the boat from the Town boat slip or cause the same to
be removed within seven days. Failure to remove the boat after the
seven-day notification period is declared to be a municipal infraction.
The penalty for violation of this subsection shall be $250 for each
offense, and each day that a violation continues shall be considered
a separate offense and subject to a separate citation and fine. The
Town also reserves the right to have the Maryland Department of Natural
Resources declare the boat as abandoned and remove and dispose of
the same in accordance with the State Boat Act.
