[HISTORY: Adopted by the Mayor and City Council of the City of Havre
de Grace as indicated in article histories. Amendments noted where applicable.]
[Derived from 1988 Codified Ordinances]
A.
When not inconsistent with the context, words used in
the present tense include the future, the plural includes the singular and
the singular includes the plural. The word "shall" is always mandatory and
not merely directory.
B.
BOAT
CITY
WATERWAY
For the purpose of this article the following terms,
phrases, words and their derivations shall have the meaning given herein:
Any watercraft, including seaplanes when not airborne, in or upon,
or docked or moored at any place in any waterway within the boundaries of
the City.
The City of Havre de Grace, Maryland.
Any waters, waterway, lake, river, tributary, canal, lagoon or connecting
waters within the boundaries of the City.
Operation of boats and speed limits are governed and enforced by the
Department of Natural Resources and the United States Coast Guard.
Use of searchlights is governed and enforced by the Department of Natural
Resources and the United States Coast Guard.
Mufflers and noise are governed and enforced by the Department of Natural
Resources and the United States Coast Guard.
Mooring and docking are governed and enforced by the Department of Natural
Resources and the United States Coast Guard.
A.
It shall be unlawful to moor any boat within the confines
of the City Yacht Basin until an application and payment have been made to
and approved by the Mayor and City Council or their authorized representative.
B.
It shall be unlawful to moor a boat to a private sea
wall or dock or bench if upon private property without the permission of the
owner thereof.
Abandoned boats, navigation menaces and nuisances are governed and enforced
by the Department of Natural Resources and the United States Coast Guard.
The Supervisor of Marine Facilities or an authorized agent of the City
shall have authority to board any boat moored in violation of this article
and move or cause it to be moved to another location and shall have the right
to hold such boat for the payment of costs incurred in its removal or storage.
Supervised races, regattas and boat exhibitions are governed and enforced
by the Department of Natural Resources and the United States Coast Guard.
It shall be unlawful to use any boat launching ramp owned, operated
or maintained by the City of Havre de Grace, Maryland, for the purpose of
launching or removing from the water any boat or sailing vessel of any kind
whatsoever, on or from a trailer, without first having paid to the City such
fee as the Mayor and City Council may from time to time set.
Any person convicted of committing any unlawful act as provided in this
article shall be guilty of a municipal infraction. If any unlawful act is
continuing, then each day during which such violation continues shall be considered
a separate offense. In addition to any civil penalty which may be imposed,
all the provisions of this article may be enforced by petition for injunction
filed on behalf of the Mayor and City Council of Havre de Grace.
[Adopted 10-1-1992 by Ord. No. 765]
An annual fee of 5%, not to exceed $100, of all rental charges for the
docking, slip rental and storage, dry or wet, of boats is hereby imposed.
The revenues shall be collected by all businesses, including, but not
limited to, all marinas, establishments, or individuals within the Havre de
Grace City limits that rent space for boat docking, boat slip rental and boat
storage.
A report listing the names of the lessees, the amount of rent paid and the user fee due shall be submitted by all businesses as set forth in § 28-12, above, along with all user fees collected. This report and the accompanying revenues shall be remitted to the City of Havre de Grace on a semiannual basis with the first receipt being due no later than March 1 of each year and the second receipt being due no later than September 1 of each year. The funds remitted by March 1 shall cover the period beginning August 1 through January 31. The funds remitted by September 1 shall cover the period beginning February 1 through July 31.
The City may, at its option, audit the financial records of any business
that is required to charge and collect these user fees.
The City may use any revenue received from the user fees to maintain
and enhance water quality, water and wastewater treatment facilities, marinas,
law enforcement, public safety, or fire services.
A.
Any person or persons who fails to submit any report pursuant to this article as required in § 28-13 above, as to each lessee subject to this article shall be deemed to have committed a municipal infraction and shall be subject to the penalties imposed by ordinance for the commission of a municipal infraction as may be amended from time to time.
