[Amended 10-23-2018 by Bill No. 1407]
A. General. The Administrator shall manage slip rentals
by numbered slips, written applications, a written waiting list, and
written slip rental agreements renewed annually in accordance with
written rules and procedures.
B. No person or entity may rent more than one slip.
C. All vessels docked at a rented slip must be in working order, unless
written permission is obtained from the Administrator.
D. Temporary slip transfer. No vessel other than one
owned and registered to the slip renter may dock at the leased slip,
except that use of the slip may be temporarily transferred by notification
to the Administrator using prescribed forms which include the slip
number, the transferor's name, address, and telephone number; the
duration of the transfer including beginning and ending dates; the
registration of the vessel to be docked at the slip; and the transferee's
name, address, and telephone number. The form must be signed by both
parties. Temporary slip transfers may not exceed 60 days. Each slip
renter may only temporarily transfer their slip twice per year.
All public landings may be used for any commercial
water-related activity unless specifically prohibited by this chapter,
by the terms and conditions of any slip rental agreement or any permit,
rule, regulation, or notice issued by the Administrator. A commercial
use permit is required to engage in any commercial activity at any
public landing. For purposes of this chapter, "commercial use" is
defined as any activity carried out for pecuniary gain and that is
deemed water-dependent by the Administrator. Users with an active
State of Maryland commercial fisheries license and that work primarily
out of their vessel are not required to obtain a commercial use permit.
Unloading facilities such as conveyers, guy poles, ramps, etc., may
be erected only with written permission from the Administrator, who
may require their removal by giving 10 days' written notice to the
owner or operator.
No vessel, vehicle, trailer, material, or equipment
shall be used or placed to interfere with or obstruct the reasonable
use and enjoyment of any public landing. Any person who violates this
section shall immediately cease any such interference and remove any
such obstruction. Upon the failure or refusal to do so, the Administrator
may immediately remove the same at the owner's risk and expense. If
necessary to preserve or protect the property, the Administrator may
take temporary possession of the same. In that event the Administrator
shall mail a notice as required by Subsection E of this section.
A. Sunken vessels. The owner of any vessel that sinks at any public landing shall immediately, and in no event later than five days after the sinking, notify the Administrator of the vessel's size and location and the water depth where the vessel sank. The owner shall raise and remove the sunken vessel within 21 days after sinking. The Administrator may require immediate removal or otherwise shorten that time if the vessel poses a navigational or environmental hazard or interferes with the reasonable use of the public landing. If the owner of the sunken vessel fails to notify the Administrator as set forth herein, and if the vessel poses no hazard and does not interfere with the use of the public landing, the Administrator shall mail a notice to the owner as required by Subsection
E of this section.
B. Inoperable vessels. The owner of any vessel which is inoperable shall remove it from the public landing. The Administrator shall mail a notice to the owner as required by Subsection
E.
C. Abandoned equipment. No person shall abandon any marine or other equipment at any public landing. Any such item left longer than overnight at any public landing is presumed abandoned and is subject to removal and disposal by the County. The Administrator may grant permission for temporary storage of equipment for a reasonable period of time. Absent permission, the owner or former owner of any such equipment, if known, shall be given 24 hours' notice to remove any such equipment, and upon failure to do so, the County may remove and store it at the owner's expense or dispose of it without further notice. If the owner or former owner is unknown, the Administrator shall provide notice by publication as provided in Subsection
E(2).
[Amended 10-23-2018 by Bill No. 1407]
D. Health or environmental hazard. The owner of any vessel, vehicle, trailer, material, or equipment creating a potential health or environmental hazard shall immediately eliminate the potential hazard and remove it from the public landing. In the event the owner fails or neglects to do so, the Administrator may immediately remove the same at the owner's risk and expense. The Administrator shall mail a notice to the owner as required by Subsection
E.
E. Notice.
(1) Whenever notice is required by the terms of this chapter
or by law, the Administrator shall mail such notice to the registered
owner by certified mail, return receipt requested. The notice shall
describe the vessel, vehicle, trailer, material, or equipment and
its location, shall notify the owner of the action required and the
prescribed time for compliance, not exceeding 21 days. The notice
shall also advise the owner that upon failure to comply, the property
may be sold or otherwise disposed of at the owner's risk and expense;
the owner may be subject to additional penalties as provided in this
chapter, including without limitation issuance of civil citation(s),
administrative sanctions, revocation, cancellation, or termination
of public landing permits or slip rental agreements, loss of title,
and/or payment of all costs incurred by the County in raising, moving,
removing, storing, and/or disposing of the property and/or eliminating
any environmental hazard.
(2) If the Administrator is unable to determine the last registered owner of any item described in Subsections
A through
D, or if the notice sent by certified mail is returned as undeliverable or is unclaimed, the Administrator shall give the required notice by publication in at least one newspaper of general circulation in the County. The notice shall describe the item and its location, inform the owner of the right to reclaim the item within 21 days upon payment to the County of any expenses incurred to remove and store the item, including any cost incurred to eliminate any health or environmental hazard. The notice shall also state that failure to claim the item will constitute an abandonment and waiver of all right, title, and interest in the item and that the Administrator shall thereafter dispose of the item without further notice.
(3) If the owner fails to claim any vessel within 21 days
after notice was given, the Administrator may sell the vessel at public
auction, proceed to receive title to the vessel pursuant to Md. Code
Ann., Natural Resources Art., § 8-722, or otherwise dispose
of the vessel.
All public landings shall be kept free of debris
and trash. All rubbish or trash shall be disposed of in receptacles
provided for that purpose, if available, or transported and disposed
of off site. No person shall dump or dispose of refuse, garbage or
rubbish on, or about, any public landing except in designated receptacles,
or bring garbage, refuse or rubbish generated off site into any public
landing and deposit it in public trash receptacles. No household garbage
or trash shall be deposited in or about any trash receptacle at any
public landing. Any dumping or unauthorized use of any trash receptacle
shall be a violation of this chapter. A violation of this section
shall be punishable by a fine not to exceed $500.
[Amended 8-24-2001 by Bill No. 837]
Swimming at any public landing is prohibited
in any area not specifically designated for swimming by the Administrator.
Any person swimming at a public landing in an area not designated
for swimming by the Administrator does so at his or her own risk.
Swimming in any area other than a designated area is a violation of
this chapter.
Unless provided by the County, no person shall
extend or operate electrical service at a public landing without written
authorization from the Administrator. At public landings with electrical
service provided by the County, no person may utilize these services
to operate any heating or air-conditioning system without prior written
authorization from the Administrator.
No person shall camp, loiter, or sleep in a
vehicle or vessel at any public landing between the hours of 11:00
p.m. and 4:00 a.m. Such activity shall be a violation of this chapter.
The Director of Parks and Recreation may issue a written waiver from
the requirements of this section.
If the Administrator determines that the condition
of any public landing or portion thereof may endanger the safety of
any person using the landing, the Administrator may close the landing.
Notice to that effect shall be prominently posted. Use of the public
landing when closed is prohibited, and any such use is a violation
of this chapter.