The Town of Clinton wishes to protect its marine
historic resources and sensitive natural resource areas found along
its harbor and in near-shore coastal waters; to provide greater opportunities
for water-based recreational activities; to maintain and enhance navigational
facilities for the benefit of all harbor users; and to allocate land
and water resources in an economically and environmentally sound manner.
Pursuant to the authority granted by Chapter
444A of the Connecticut General Statutes (§§ 22a-113k
through 22a-113t), as amended, there is hereby created a Harbor Management
Commission with all of the powers and duties specified in said Chapter
444A for the Town of Clinton.
Upon the appointment of a Commission under this
article, the Commission shall hold an organizational meeting at which
it shall elect a Chairperson and Secretary and such other officers
as it may desire to serve until the following January. During the
month of January and annually thereafter, the Commission shall elect
a Chairperson and Secretary and such other officers as it may desire
for a one-year term and until their successors are duly qualified.
The Commission can form subcommittees to address specific duties of
the Commission.
The Harbor Management Commission shall have
jurisdiction within the area located in or contiguous to all tidal
waters which are within the territorial limits of the Town of Clinton
and are below the mean high-water line, bounded by the projection
of the boundary line of neighboring towns.
[Added 8-9-1995]
The provisions of this article, as amended,
shall be applicable and shall govern the use of harbor waters and
facilities under the jurisdiction of the Town of Clinton Harbor Management
Commission.
[Added 8-9-1995]
The Town of Clinton has, pursuant to an ordinance
adopting a certain harbor management plan titled "The Management Plan
for Clinton Harbor," adopted certain regulations governing the use
of harbor waters and facilities. All new regulations, and any amendments
to such regulations previously adopted, shall be adopted by ordinance.
The Harbor Management Commission shall have the authority to propose
regulations governing the use of harbor waters and facilities in accordance
with C.G.S. § 22a-113m of the Harbor Management Act. Said
regulations shall be reviewed by all appropriate jurisdictions prior
to their being forwarded to the Board of Selectmen, which shall consider
and act upon said proposals as ordinances in the manner set forth
in the Town Charter.
[Added 8-9-1995]
The Harbormaster or duly designated Deputy Harbormaster shall have the authority to carry out harbor management directives and enforce all provisions of the harbor management plan, including the authority to issue citations by way of warnings and impose fines for violations pursuant to §
24-39 of this article. The Harbor Management Commission shall be responsible for the administration of the harbor management plan and may review and make recommendations to the appropriate jurisdictional entities regarding all applications for permits or approvals for all floats, structures, and other marine facilities within harbors under its jurisdiction in accordance with C.G.S. § 22a-113p of the Harbor Management Act. The Harbor Management Commission shall also submit recommendations to the Department of Environmental Protection (DEP) and the United States Army Corps of Engineers as well.
[Added 8-9-1995; amended 8-5-2009]
Any violation of this article or any regulations
in the harbor management plan or any subsequent regulations adopted
by ordinance shall be a municipal infraction and is punishable by
a fine not to exceed $100 which shall be imposed for each violation
hereunder as provided under C.G.S. § 7-148(c)(10); provided,
however, that the violator has first been issued a written warning
for said violation. Each day of violation shall be considered a separate
offense and subject to separate citations. A fine not to exceed $100
shall be imposed for each offense. Nothing in this section shall preclude
the imposition by other jurisdictional authorities of a greater penalty
as provided for under federal statutes or the laws of the State of
Connecticut.
[Added 8-9-1995; amended 8-5-2009]
Pursuant to C.G.S. § 22a-133t, a Harbor
Management Fund is hereby created to receive for deposit moneys for
harbor management purposes as set forth in said statute.
[Added 8-9-1995]
Proposed uses, structures, and activities within
the harbor shall be consistent with the adopted Water Use Plan Maps.
The Water Use Plan Maps may be amended by the Harbor Management Commission
in accordance with the procedure for harbor management plan modifications
in the Connecticut Harbor Management Act, C.G.S. § 22a-113m.