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I. Enforcement by Harbor Patrol. The following
provisions of this Subarticle I shall be enforced by the Harbor Patrol
as part of law enforcement activities.
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A.
Vessels towing water-skiers and aquaplanes. There shall be no waterskiing
in congested mooring areas, anchorage areas or in speed-limit areas.
No person shall operate a vessel while towing water-skiers, aquaplanes
or similar devices unless there is present in said vessel, in addition
to the vessel operator, another person in a position to observe and
assist the person or appurtenance being towed. The operator of such
a vessel will be held responsible for compliance with the navigating
rules for both the vessel and the person or appurtenance being towed.
Except in connection with water carnivals and exhibitions authorized
by the City Council, no such activity may be conducted during the
period between 1/2 hour after sunset and 1/2 hour before sunrise.
Special waterskiing areas will be designated by the City Council.
B.
Water-ski jumps. No person shall locate or use on the public waters
under the jurisdiction of this City a water-ski jump without first
obtaining the approval of the City Council or its duly authorized
representative.
[Amended 2-28-2022]
C.
Aircraft. Aircraft shall be governed by the appropriate rules and
regulations of the Maine Aeronautics Commission, excepting that they
shall observe the same mooring and anchorage rules and regulations
that apply to vessels.
A person may not intentionally, knowingly or recklessly operate
a vessel in violation of state law (Title 12).
A.
The owner, captain or operator of a vessel involved in a collision
with another vessel, a wharf, pier, landing, dock or other fixed object
within the harbor; a fire on-board; or an accident as defined by the
United States Coast Guard, must report such incident to local law
enforcement or the Harbor Master by quickest means.
[Amended 2-28-2022]
B.
Failing to report such collision, fire or accident, regardless of
visible damage or injury, constitutes a violation of this section.
A.
A person is guilty of endangerment of life or property if that person:
(1)
Operates a vessel and fails to have a proper lookout while towing
a water-skier; or
(2)
Operates a vessel and fails to require a water-skier to wear a personal
flotation device (PFD); or
(3)
Operates a vessel and permits a passenger to ride on the swim platform
or bow while underway; or
(4)
Operates a vessel and engages in "teak surfing," "drag surfing" or
otherwise allows someone to physically hang onto the stern, transom,
swim platform or gunnels of a vessel; or
(5)
Water-skis without wearing a personal flotation device (PFD); or
(6)
Rides or physically hangs onto the stern, bow, transom, swim platform
or gunnels of a vessel while underway.
B.
The provisions of this section do not apply to emergency personnel
in the performance of their duties; emergency situations in which
this activity could not be avoided; or the use of approved recreational
equipment designed to be towed behind a vessel as long as the distance
behind the vessel is adequate to prevent injury from moving parts,
fuels and/or carbon monoxide gases.
A.
Alcoholic beverages. The consumption or possession of alcoholic beverages
is prohibited on any beach. For the purposes of this section, any
person found within reasonable reach of an alcoholic beverage is deemed
to be in possession.
B.
Vehicles prohibited on beach. No motorized or vehicular traffic of
any kind may enter or use the beach for any purpose, with the exception
of public safety vehicles and those City vehicles designated for public
works purposes.
C.
Overnight camping on beaches prohibited. No person or group may camp
or otherwise set up temporary, overnight shelter on a beach for any
purpose. "Overnight" is defined as any time following sunset and before
sunrise.
D.
Camp fires or burning on beaches prohibited. No person or group may
have a camp fire or otherwise burn on a beach for any purpose.
A.
Headway speed only zones shall be established by the Coastal Waters
Commission for the tidal areas of the Saco River and Saco Bay.
B.
Designated headway speed only zones will be marked appropriately
with buoys, signs or other reasonable markers likely to come to the
attention of boaters. All types and locations of markers or buoys
placed into the river or harbor will be approved by the authority
having jurisdiction over navigable waters.
C.
Once approved, buoys will be placed in the designated areas by the
Harbor Master or by an independent contractor hired by the City with
the recommendation of the Harbor Master and Coastal Waters Commission.
Placement of buoys or markers within the areas shall be at the discretion
of the Harbor Master.
D.
These zones will be reviewed periodically to ensure that they do
not conflict with state or City law and reflect the needs of the citizens
of Saco.
E.
Pursuant to 38 M.R.S.A. § 281, whoever operates any watercraft,
vessel, water skis, surfboard, similar device or motorboat, however
propelled, upon the tidewaters of Saco or upon the offshore waters
within the jurisdiction of the State of Maine at a speed greater than
is reasonable and proper, having due regard for traffic, proximity
to wharves, docks, moorings or shores, and for any other conditions
then existing shall be guilty of a Class E crime. Further pursuant
to 38 M.R.S.A. § 285, every law enforcement officer in the
State of Maine, including harbor masters and their deputies, shall
have the authority to enforce these laws, and in the exercise thereof
shall have the authority to stop and board any such watercraft, vessel,
or motorboat found in violation. It shall be unlawful for the operator
of any such watercraft, vessel or motorboat to fail to stop upon hail
from any such officer, and a violation of the same shall be punished
as a Class E crime.
[Added 2-3-2014; amended 3-17-2014]
A.
No traffic of any kind, vehicular or pedestrian, may enter or use
any area of the beach wherein so-called dune grass is growing. It
shall also be a violation of this section to burn, crush, uproot,
poison or in any other manner kill, injure or remove any dune grass
or any other vegetation growing on the beach.
B.
For the purposes of this section, subsequent violations will have
been committed for each square foot of dune grass damaged, injured
or destroyed.
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II. Enforcement by Harbor Patrol or the Harbor Master.
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No person or vessel shall discharge, deposit, throw, sweep or
cause to be deposited or swept into or upon the waters of Saco or
into waters adjacent thereto any gas, fuel, coolant, oil, bilge water,
human waste, ashes, dirt, stone, gravel, mud, logs, planks or any
object or substance tending to pollute or obstruct the harbor or waters
adjacent thereto or to shoal the depth of said waters. No person or
vessel shall discharge, dump or dispose of any refuse, garbage, offal,
gas, oil, fuel, coolant, waste, fish waste, or any other object or
substance tending to pollute upon any shore of the City of Saco.
No person shall conduct him or herself in a manner that disrupts
the enjoyment of the pier and its facilities by other pier users.
Such conduct may result in the forfeiture of pier use permission after:
An owner, captain or operator of a vessel allows that vessel
to become derelict if:
A.
The vessel lacks any license or registration, the prerequisite of
which is required by state or local authority to allow operation of
such vessel in the harbor;
B.
The vessel is submerged to a level substantially above its normal
water line and remains so for a period greater than 48 hours;
C.
The vessel is damaged to the extent that it cannot be moved under
its own power; or
D.
The owner, captain or operator of the vessel has failed or refused
to comply with the lawful orders of the Harbor Master, Assistant Harbor
Master or a law enforcement officer. A violation of this section will
have a mandatory minimum fine of $250 that may not be suspended;
E.
The owner of the vessel has failed or refuses to pay any applicable
license fee, excise tax, harbor usage fee, mooring fee, dock or landing
fee or any other service fee imposed by the City or Harbor Master.
A violation of this section will have a mandatory minimum fine of
$250 that may not be suspended.
F.
Disclosure of vessel ownership. This section requires the disclosure
of ownership of any vessel operating within the statutory limits of
the City of Saco and further requires all corporate, partnerships,
trusts and any other nonindividual, including those persons undisclosed,
anonymous or otherwise unidentifiable principals, responsible for
the maintenance of property and vessels and accountable with respect
to violations of this chapter.
G.
Order of disposal; abatement of violation by the City and recovery
of costs.
(1)
When the Harbor Master, after notice in writing to the owner of any
derelict vessel by regular mail or by publication in a newspaper in
the county three weeks successively, and after a hearing on such matter,
adjudge that such vessel was or is derelict, dangerous or a nuisance,
they may make and record an order prescribing what disposal shall
be made thereof. The City Clerk shall deliver a copy of such order
to a constable or deputy sheriff, who shall serve such owner, if the
owner is a resident of the state, with an attested copy thereof, and
make return of his or her actions thereon to the Clerk forthwith.
If the owner or part owner is unknown or resides outside this state,
such notice shall be given by publication in a paper published in
the county for three successive weeks.
(2)
If no application is made to the superior court, as is provided in
this section, the City Council shall cause such vessel to be abated,
removed or altered in compliance with its order, and all expenses
thereof shall be repaid to the City within 30 days after demand, or
may be recovered of such person by an action for money paid.
(3)
Any owner aggrieved by an order made pursuant to this section may,
within 30 days after such order is so made and filed, apply to the
superior court which shall forthwith, after notice and hearing, affirm,
annul or alter such order.
(4)
If the court affirms an order made pursuant to this section, costs
shall be recovered by the City; if it wholly annuls such order, the
applicant shall recover costs; and if it alters it in part, the court
may render such judgment as to costs as justice requires.
No person shall obstruct a wharf, dock, landing or pier by intentionally
or knowingly:
A.
Obstructing, by any means whatsoever, the free use of any public
wharf, dock, landing or pier and is not actively engaged in the loading
or unloading of persons, product or cargo; or
B.
Allowing a vessel under that person's control or ownership to remain
tied, moored or affixed to a public wharf, dock, landing or pier without
legal authorization from the City or payment of docking fees.
A.
No person shall dive from or swim within 50 feet of any public wharf,
dock, landing or pier. This restriction does not govern or limit special
events sanctioned by the City, nor commercial divers and emergency
personnel or others who have been granted special permission by the
Harbor Master. At no time, other than for emergency purposes, may
anyone swim within the channel.
B.
No person shall fish from City wharves.
No person, firm, or organization may intentionally, knowingly
or recklessly obstruct a channel or the inner harbor by:
A.
Setting any commercial fishing gear within the inner harbor or a
channel; or
B.
Place or set any lobster traps, including buoys, within 100 feet
of a mooring; or
C.
Place, stop, or anchor any vessel within a channel without providing
for adequate room for a vessel of any reasonable size to navigate
safely around in both directions simultaneously.
D.
Knowingly or willfully obstruct the free use of any channel or waterway
within the harbor.
No person shall operate a vessel without meeting current state
law. Operation of a vessel without proper safety equipment, a violation
of this section, shall have a mandatory minimum fine of $150 that
may not be suspended and a citation may be issued for each piece of
equipment that is missing, not in proper working order or in poor
condition.
[Amended 2-3-2014]
Personal property, such as lobster pots, automobiles, cradles,
boats, etc., shall not be stored on City wharves or landings or within
the Camp Ellis parking lot. Exemptions to this rule shall be considered
on an individual basis when submitted, in writing, to the Harbor Master.
The hauling-out area at Camp Ellis will be under the jurisdiction
of the Harbor Master.
