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:
BEACH
Refers to that shoreline area directly adjacent to bodies
of water, which is customarily comprised of sand, ledge, or loose
rock.
BEACHING PILINGS
Pilings installed adjacent to the landing for purpose of
pier user permit holders' boat maintenance.
BERTH
The place where a vessel lies when at anchor, on a mooring
or at a wharf.
CAMP/CAMPING
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.
CHANNELS
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.
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CHARTER VESSEL
A vessel that carries passengers for hire to engage in sightseeing
or fishing.
COASTAL WATERS
Those waters adjacent to all shorelines within the City of
Saco, including beaches and riverfront.
DISORDERLY CONDUCT
(per 17-A M.R.S.A., § 501-A) In a public place,
a person intentionally or recklessly causes annoyance to others by
intentionally:
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A.
Making loud and unreasonable noises; or
B.
Activating a device, or exposing a substance, that releases
noxious and offensive odors; or
C.
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
D.
Obstructing or littering.
DOCK
The slip or waterway extending between two piers or projecting
wharves or cut into land for the reception of vessels.
DOCK STEWARD
A City employee responsible for overseeing the day-to-day
safe and effective operations at the Camp Ellis Pier.
FLOAT
A platform that floats and is anchored at or near shore,
used for landing or other purposes.
HARBOR
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.
HARBOR MASTER
The officer appointed by the City Administrator to enforce
this chapter, and oversee the jurisdiction area of the River and Harbor.
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HARASSMENT
(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.
HEADWAY SPEED
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.
INNER HARBOR
Refers to the area from green can buoy No. 7 to the area
known as the Lower Narrows and encompasses all of Camp Ellis.
LANDING
A place for landing and discharging persons or things, as
from a vessel.
MOORING
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.
PIER
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.
PIER USE AGREEMENT
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.
PIER USE PERMIT
A document detailing the level and location of pier use allowed
for each permitted vessel, as defined below:
A.
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).
B.
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).
C.
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.
PORT
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.
RENTAL AGENT
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.
SAFETY EQUIPMENT
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.
VESSEL
Includes boats of all sizes, propelled by sail, machinery
or hand; scows, dredges, shellfish cars and craft of any kind.
WHARF
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:
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(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.
(2) The Harbor Patrol shall have specific authority to enforce §§
118-6 through
118-14 of this chapter.
(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:
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(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.