This chapter shall be known as the "Saco River, Harbor and Waterfront
Ordinance." This chapter is hereby adopted by the City of Saco to
ensure the proper operation of recreational and commercial watercraft,
and to promote the safe enjoyment and recreational use of the City's
waters, which includes all waters adjacent to riverfronts and beaches
within the City of Saco.
No provision of this chapter shall be interpreted as conflicting
with federal and state laws applicable to the coastal waters, tidal
rivers and harbors of this state, but shall be read as supplementing
said laws where applicable. This chapter shall be enforced by the
City through its designated Harbor Master, Harbor Patrol and other
subordinates or designees.
For the purposes of this chapter, the following definitions
shall apply, unless the context clearly indicates another meaning:
Refers to that shoreline area directly adjacent to bodies
of water, which is customarily comprised of sand, ledge, or loose
rock.
Pilings installed adjacent to the landing for purpose of
pier user permit holders' boat maintenance.
The place where a vessel lies when at anchor, on a mooring
or at a wharf.
The building of and/or occupation of any shelter, tent, lean-to,
or other structure or vehicle intended to provide its occupants refuge
from the weather.
Areas of the harbor and river kept open for navigation or
other purpose by rule or regulation of the City Council, the United
States Army Corps of Engineers, the Harbor Master or other regulatory
or legislative body.
[Amended 2-28-2022]
A vessel that carries passengers for hire to engage in sightseeing
or fishing.
Those waters adjacent to all shorelines within the City of
Saco, including beaches and riverfront.
A vessel engaged in commercial fishing for profit.
(per 17-A M.R.S.A., § 501-A) In a public place,
a person intentionally or recklessly causes annoyance to others by
intentionally:
[Amended 2-3-2014]
Making loud and unreasonable noises; or
Activating a device, or exposing a substance, that releases
noxious and offensive odors; or
Knowingly fighting, accosting, insulting, taunting or challenging
any person with offensive, derisive or annoying words, or by gestures
or other physical conduct, that would in fact have a direct tendency
to cause a violent response by an ordinary person in the situation
of the person so accosted, insulted, taunted or challenged; or
Obstructing or littering.
The slip or waterway extending between two piers or projecting
wharves or cut into land for the reception of vessels.
A City employee responsible for overseeing the day-to-day
safe and effective operations at the Camp Ellis Pier.
A platform that floats and is anchored at or near shore,
used for landing or other purposes.
The tidal waters within the geographical limits of the City
from the high tide watermark to the three-nautical-mile line shown
on the most recently published federal government nautical chart.
It shall specifically include Saco Bay and all portions of the Saco
River.
The officer appointed by the City Administrator to enforce
this chapter, and oversee the jurisdiction area of the River and Harbor.
[Amended 2-28-2022]
(per 17-A M.R.S.A, § 506-A) A person is engaged
in harassment if, without reasonable cause: the person engages in
any course of conduct with the intent to harass, torment or threaten
another person, after having been notified, in writing or otherwise,
not to engage in such conduct by any sheriff, deputy sheriff, constable,
police officer or justice of the peace or person of equivalent authority.
Refers to the minimum amount of power necessary to allow
a vessel to navigate safely through the water. Depending on the size,
composition and design of the vessel, headway speed may vary.
Refers to the area from green can buoy No. 7 to the area
known as the Lower Narrows and encompasses all of Camp Ellis.
A place for landing and discharging persons or things, as
from a vessel.
The means of securing a vessel to a particular location in
City waters, other than temporarily by anchor. Dock, pier, wharf or
float tie-ups are not moorings. A vessel is moored if at anchor for
more than 48 consecutive hours.
The throwing of large rocks or debris as to impede the navigable
river.
[Added 2-3-2014]
A structure extending into navigable water for use as a landing
place or to protect or form a harbor. This definition will include
breakwaters, jetties and commercial locations used for the loading
and unloading of cargo.
A contract between a pier user and the City of Saco that
documents the proper care and allowed uses of the Camp Ellis pier
facilities which must be signed by the prospective user prior to issuance
of a pier use permit.
A document detailing the level and location of pier use allowed
for each permitted vessel, as defined below:
COMMERCIAL VESSEL PIER USEAllows vessels paying the appropriate fee the priority use of the floats, pier, and hoists for the unloading of perishable product, as well as use of the fuel facility (if available).
CHARTER VESSEL PIER USEAllows vessels paying the appropriate fee the use of the pier, floats and hoists, as well as the fuel facility (if available).
RECREATIONAL VESSEL PIER USEAllows vessels paying the appropriate fee use of the floats for loading and unloading. Limited occasional use of the pier, hoists, and fuel facility (if available) is allowed at the discretion of the Harbor Master.
Includes Saco Bay, the City wharves at Saco, together with
all known landings and any other public landings or wharves that might
be acquired by the City of Saco.
A vessel used solely for personal recreation.
Any person, firm, proprietorship or corporation that rents
canoes, kayaks, sailboats under 20 feet in length, personal watercraft
and/or motorized watercraft under 22 feet in length to the general
public for a fee.
Includes, but is not limited to, signals, flares, horn, fire
extinguisher and personal flotation devices as defined in federal
law per the Federal Boat Safety Act of 1971, Public Law 92-75, as
amended.
Includes boats of all sizes, propelled by sail, machinery
or hand; scows, dredges, shellfish cars and craft of any kind.
A structure of timber, masonry, cement, earth or other material,
built on the shore of a harbor, river, canal or the like, especially
one extending parallel to the shoreline, so that vessels may lie close
alongside to receive and discharge passengers and cargo.
The safe use and enjoyment of Saco's coastal waters depends
upon several parties including the Harbor Master, the Harbor Patrol,
Dock Stewards and the Coastal Waters Commission. Each of these parties
shall have and enjoy the responsibilities set forth below:
A.
Coastal Waters Commission. In addition to those duties delineated in § 4-39 of this Code, the Coastal Waters Commission shall review, evaluate and make a recommendation to the City Administrator on the new appointment of the Harbor Master. The Commission shall also handle all appeals of decisions made by the Harbor Master pursuant to § 4-39 of this Code.
[Amended 2-28-2022]
B.
Harbor Master. There shall be a Harbor Master appointed by the City
Administrator. The Harbor Master will be under the direction of the
City Administrator who will act as his/her immediate supervisor. He
or she shall also have those duties and liabilities of that office
as prescribed by state law, municipal ordinances and regulations adopted
by the municipal officers, Coastal Waters Commission or such other
bodies empowered to regulate municipal harbors and specifically assigned
herein. The Harbor Master's specific duties shall include:
[Amended 2-28-2022]
(1)
The proper designation of channels. Channels for the passage of boats
shall be designated on the plans of the Saco River, dated November
5, 1963, and filed with the City Clerk, and as updated from time to
time. Said plans are hereby incorporated by reference as part of this
chapter. Said channel shall also remain consistent with the United
States Army Corps of Engineers designation of the tidal portion of
the Saco River as a project.
(2)
The assignment and location of anchorages. Vessels shall be anchored
in the harbor in such places or areas as the Harbor Master shall designate.
The Harbor Master may at any time order any vessel at anchor to change
position when, in his or her opinion, such vessel is so anchored as
to impede navigation or to endanger other vessels. Anchorages shall
also remain consistent with the United States Army Corps of Engineers
designation of anchorages within the Saco River Project.
(3)
The assignment and monitoring of moorings and buoys. The placement of moorings is vital to safety in the coastal waters. The assignment, regulation and removal of all moorings and buoys shall rest with the Harbor Master as more fully detailed in § 118-5 below.
(4)
Implementation of this chapter. The Harbor Master shall be the party primarily responsible for assuring the goals and purposes of this section are met except where otherwise specifically noted. The Harbor Master shall enforce all provisions related to moorings, as well as §§ 118-13 through 118-20 of this chapter.
C.
Harbor Patrol. There shall be a Harbor Patrol which shall be comprised
of law enforcement officers under the direct direction and supervision
of the Saco Chief of Police. The duties of the Harbor Patrol shall
include:
(1)
The Harbor Patrol will be responsible for ensuring that safe boating
practices are used within the coastal waters and for the enforcement
of City ordinances and state law.
(3)
The Harbor Patrol will typically operate from Memorial Day weekend
to Labor Day weekend or longer, as determined by available resources
and the Chief of Police.
D.
Dock Steward. There shall be Dock Stewards from time to time. The
City Administrator will hire one or more seasonal employees to serve
as Dock Steward at the Camp Ellis Pier. The Dock Stewards will be
responsible for the safe and orderly execution of daily operations
at the pier. The Stewards are a conduit between the Harbor Master
and the City Administrator, and the users and visitors to the Camp
Ellis Pier. The Dock Steward(s) will typically serve Tuesday through
Sunday from Memorial Day weekend through Labor Day weekend, and on
selected weekends prior to Memorial Day or after Labor Day, at the
discretion of the City Administrator. Specifically, the Dock Steward(s)
will:
[Amended 2-28-2022]
(1)
Collect and record boat launch, dock use and daily pier use fees
and deposit fees collected at City Hall daily.
(2)
Welcome vessel captains and greet passengers, inform visitors of
docking rules and fees. Courteously answer questions regarding local
services available (i.e., restaurants, taxi, supplies, etc.)
(3)
Record vessels using the docks to include vessel registration numbers,
arrival and departure times.
(4)
Assist boaters with sewage tank pump-out operations (when the service
is available).
(5)
Assist visitors with proper parking meter use.
(6)
Approve overnight parking waivers, when appropriate, and notify Public
Works and the Police Department.
(7)
Perform other duties as directed by the City Administrator or the
Harbor Master to ensure safe and effective operations at Camp Ellis
Pier.
A.
Assignment of moorings.
(1)
No mooring shall be set within City waters except by permission of the Harbor Master. Any person wishing to place a mooring in City waters or to relocate an existing mooring shall request such permission in advance from the Harbor Master. Annually, the Harbor Master shall prepare an updated list of approved mooring holders and provide it to the City Clerk by January 1. Only applicants appearing on the current approved mooring holders list may submit a mooring permit application to the City Clerk. Following acceptance of the application by the City Clerk and the payment of the appropriate fee, and provided the conditions in Subsection B(7) are met, the Harbor Master shall then assign a location for such mooring and shall advise the applicant concerning the requirements of these rules and regulations.
(2)
In the assignment of moorings, the Harbor Master shall, insofar as
the same may be done consistently with these rules and regulations
and with due regard for the safety of other vessels and of navigation,
give consideration to the choice of the applicant. However, where
mooring rights of individuals are claimed to be invaded and protection
is sought of the Harbor Master, the Harbor Master shall assign and
indicate to the masters or owners of the vessels the location which
they may occupy for said mooring, and the Harbor Master shall assign
mooring privileges in all cases where individuals who own or have
an interest in the shore rights are complainants and shall locate
suitable mooring privileges temporarily or permanently, fronting their
lands if so requested, but not so as to encroach upon the natural
channel or channels established by this chapter. Moorings shall be
set by July 30 of each year.
(3)
City Hall shall maintain a waiting list, with a registration fee
established by the City Council, after a public hearing.
(4)
The Harbor Master, based upon the waiting list, shall authorize moorings
on a first-come-first-served basis, except that commercial harbor
users may be given priority for facilities developed for commercial
users with federal funds. The Harbor Master will provide the updated
lists to the City Clerk on May 1, July 1 and October 1 each year and
at other times when requested. The lists shall be provided to any
member of the public who requests them. If there is a dispute about
mooring assignments, the Saco Coastal Waters Commission shall hear
appeals from the decisions of the Harbor Master.
(5)
Any permit issued hereunder may be revoked if the Harbor Master determines
that any portion of a permit holder's application contains false or
misleading information. Any revocation may be appealed as set forth
herein.
[Added 2-3-2014]
B.
Application for mooring permits.
(1)
Applications for mooring permits for any one-year period must be
filed with the City Clerk by March 15 of the current year, on forms
prescribed by the Saco Coastal Waters Commission. Applications and
payment for renewal of a mooring permit which have not been received
within 60 days of the permit application filing date will cause that
mooring location to be deemed vacant, and the mooring location reassigned.
Applications received during the sixty-day period are subject to a
late fee.
[Amended 2-3-2014]
(2)
The City of Saco mooring permit application form contains additional
rules and regulations regarding use and placement of moorings. The
address of the applicant supplied with the permit application shall
serve as the address of record for all purposes of notice where notice
is required in this chapter.
(3)
Permits shall be good for one year (January 1 to December 31). They
are at all times a revocable license issued subject to the terms herein,
and under no circumstances will they be treated as, or deemed, a property
right.
[Amended 2-3-2014]
(4)
Any mooring location not occupied by the vessel or float registered
to it, or a vessel of equal or lesser gross tonnage owned by the mooring
permit holder, for at least one day in each of three out of the five
months during the period May 1 through September 30 during the permit
year may be considered to be abandoned. The location may be reassigned
by the Harbor Master, after the Harbor Master has first given the
registrant 30 days' advance written notice at his/her last known address
(certified mail, return receipt). The cost of removing or dropping
moorings shall be assessed to the owner if not removed by him within
30 days of receipt of said notice, in accordance with state law. Notwithstanding
the above, this subsection will not apply to a mooring whose owner
has notified the Harbor Master that such mooring will not be occupied
due to prolonged absence from the area, illness, or other extenuating
circumstances, provided the permit is timely renewed annually as required
by this chapter.
[Amended 2-3-2014]
(5)
The annual application fee for the waiting list shall be established
by the City Council after a public hearing.
(6)
Moorings are not transferable except as provided by 38 M.R.S.A. § 3-A.
(7)
A person may be denied a mooring permit if they are found to have
previously violated this chapter without good cause; or if they are
in arrears of any City tax or fee.
C.
Adequacy of moorings. All existing moorings hereinafter to be set
shall be of sufficient size to hold the vessel for which they are
used. All moorings shall have approved buoys and must be visible at
all times. All mooring requirements will be determined by the Harbor
Master. Guidelines on mooring block weight, attachment requirements
and chain-link size are listed below and on the mooring permit application.
|
Maximum Boat Length
(feet)
|
Maximum Boat Weight
(gross pounds)
|
Minimum Mooring Weight
(pounds)
|
Minimum Chain Link Size
(inches)
| |
|---|---|---|---|---|
|
12
|
500
|
350
|
3/8
| |
|
20
|
1,500
|
750
|
3/8
| |
|
25
|
5,000
|
1,500
|
1/2
| |
|
30
|
8,000
|
1,800
|
1/2
| |
|
35
|
12,000
|
2,500
|
1/2
| |
|
40
|
3,500
|
5/8
|
D.
Inspections of moorings. The Harbor Master or his/her designee shall
inspect moorings biannually. It is the permit holder's responsibility
to contact the Harbor Master to arrange for inspections. Two visits
by the Harbor Master are included in the mooring application fee;
any additional visits required to complete an inspection shall be
at the applicant's expense.
E.
Manner/condition of moorings:
(1)
All mooring floats shall meet United States Coast Guard regulations.
(2)
The float attached to the mooring line shall be of sufficient size
to remain afloat when not attached to the vessel.
(3)
The Harbor Master may at any time examine any mooring or mooring
line to determine compliance with this section. Except in the case
of an emergency, he shall notify the owner of his or her intention
to examine the mooring, either in writing or verbally, and request
the presence of the owner during such examination. Any cost of examination
shall be borne by the owner of the mooring.
(4)
If a party fails to properly maintain his/her/its mooring, float
or cable, the Harbor Master will, in writing (by certified, return
receipt mail), issue a seven-day notice-to-cure letter. If the offending
party fails to correct the deficiency identified by the Harbor Master
within seven days, the party's mooring permit shall thereafter be
revoked upon the filing of a written decision from the Harbor Master
to the City Clerk with copies provided to the offending party and
the Coastal Waters Commission.
(5)
Vessels on moorings must be properly maintained to minimize hazards
to other vessels, including:
[Added 2-3-2014[1]]
(a)
The vessel must be capable of moving under its own mechanical
means.
(b)
Sail, lines, and sheets must be secured at all times when the
vessel is not occupied.
(c)
All accessories, anchors, lines, poles, etc., must be secured
and within the gunwales of the vessel.
(d)
Nothing may be trailing behind a moored vessel or protruding
from the vessel that can damage another vessel.
(e)
Failure to properly maintain a moored vessel may result in revocation
of the mooring permit.
[1]
Editor's Note: This ordinance also redesignated former Subsection
E(5) and (6) and Subsection E(6) and (7), respectively.
(6)
All moorings, whether now existing or hereinafter set, shall be so
located or relocated that the vessels secured thereby will not impede
navigation within City waters nor endanger other vessels moored therein.
If the Harbor Master shall find that any vessel is so moored as to
impede navigation or to endanger other vessels, he may require that
the owner of the mooring or of the vessel secured thereby take such
steps, whether by shortening the scope of the mooring lines or by
the use of additional mooring or mooring lines, as will prevent such
impeding of navigation or endangering of other vessels; or, in the
alternative, he may order that the mooring be removed and relocated.
In requiring the removal of a mooring because of its danger to other
mooring last set shall be the first ordered to be removed. Any person
so ordered by the Harbor Master acting under this subsection shall
remove a vessel within 48 hours after order, whether written or verbal;
provided, however, that if the mooring owner fails to do so, then
the Harbor Master shall thereupon cause the mooring to be removed
or relocated. Any expense incurred by the City to move or remove a
mooring shall be borne by the owner of the mooring or vessel.
[Amended 2-3-2014]
(7)
If in the sole opinion of the Harbor Master a mooring creates an
emergency or imminently dangerous condition, or if immediate action
is required to ensure proper navigation and safety, the Harbor Master
may temporarily, without notice to the permit holder, take possession
of the mooring and temporarily remove and/or secure it until such
time as the permit holder can be notified. The parties shall thereafter
determine together the appropriate terms and conditions for resiting
and reinstalling the mooring.
F.
The Harbor Master shall hold all moorings and tackle removed from
coastal waters as a lien against all fees, fines and costs incurred
as a result of the acts, actions or inactions of any mooring permit
holder. No such equipment shall be returned until all such charges
are fully paid.
G.
Interference with moorings. Except by direction of the Harbor Master
acting in an emergency or with permission of the owner, no person
shall move or interfere with any mooring or vessel in the harbor.
H.
Removal.
[Amended 2-3-2014]
(1)
A mooring shall be removed after September 30, unless it is still
in use by its owner. If not removed by its owner, the Harbor Master
shall see to its removal at the expense of the mooring owner. The
mooring and ground tackle shall not be returned to its owner until
such bill is paid.
(2)
All noncommercial vessels shall be removed from the river by November
1.
[Amended 5-24-2021]
I.
Waiver procedures.
(1)
A mooring permit holder may request a temporary waiver to the mooring
requirements stated in this chapter by submitting a written request
to the Harbor Master. A waiver will not be granted for a violation
that impacts safe navigation on the Saco River. The waiver request
must clearly state:
(a)
Mooring number;
(b)
Name and current address and phone number of the permit holder;
(c)
The nature of the waiver (e.g., inability to position or remove
an authorized mooring, inability to attach a boat to an authorized
mooring, inability to pay for a mooring in a timely manner);
(d)
The reason the waiver is needed; and
(e)
Expected date for compliance (date the permit holder will make
corrections or come into compliance with mooring requirements).
(2)
The Harbor Master will notify the permit holder of his decision to
approve or disapprove the waiver in writing and provide a copy of
the written decision to the City Clerk, the City Administrator and
the Coastal Waters Commission. If the Harbor Master must disapprove
the waiver request, the Harbor Master will send the decision via certified
mail return receipt requested to the address of record. The permit
holder can appeal the Harbor Master's decision to the Coastal Waters
Commission.
[Amended 2-28-2022]
(3)
Waivers for medical conditions may be granted for a maximum of one
permit year.
[Added 2-3-2014]
(4)
Waivers for mechanical conditions may only be granted for moorings
which have been in use during the permit year.
[Added 2-3-2014]
(5)
Waivers and associated mooring privileges may be revoked if the Harbor
Master determines that the waiver request misrepresented the facts
and/or conditions that form the basis for the waiver request.
[Amended 11-4-2014]
J.
Buoys other than for mooring vessels. No buoy of this type shall
be placed in channels leading to wharves, nor shall such buoys be
placed less than 150 feet from a mooring buoy for that vessel. The
Harbor Master is empowered, in the interest of public safety, to require
the removal of any buoys.
K.
Courtesy
moorings provided by the City of Saco. The use of the courtesy moorings
in the River shall be for no more than 48 hours, without the express
permission from the Harbormaster. Any boats remaining on the moorings
in violation of this section shall be subject to removal by the authority
of the Harbormaster, with the costs being assessed against the owner.
In addition, any violation of this section shall subject the boat
owner to a fine of $100 per day or $2 a foot, whichever is the greater
amount.
[Added 5-24-2021]
