City of Saco, ME Article III Rentals and Rental Agents

§ 118-21 Licensing; rental agreement.

A. Licensing. All rental agents are to acquire and maintain a current business license through the City of Saco, and secure all pertinent state and federal licenses as necessary. Furthermore, rental agents must abide by all requirements or provisions issued by the Code Enforcement Officer, Planning Board, Zoning Board or other City official.

B. Rental agreement. A rental agent must provide, to any person whom they know to be operating a canoe, kayak, sailboat, personal watercraft (PWCs) or motorized watercraft:

(1) The occupant capacity and weight limits of the craft being rented and operated.

(2) Proper operational instruction and safety education for the craft being used. The rental agent may use an audio/visual presentation in lieu of personal instruction; however, the sole use of written instruction will not satisfy the requirements of this section.

(3) Personal flotation devices (PFDs) of adequate size and proper working order for all intended occupants of the craft.

(4) Verify, by way of demonstrated ability, the operator's knowledge of the craft and equipment and ability to control and maneuver the craft safely. The rental agent may accept a watercraft license issued from another state or from the United States Coast Guard as proof of demonstrated ability. The rental agent may also waive the requirements of Subsection B(4) if the person renting has previously rented and demonstrated his/her ability, with that type of equipment, within the last 30 days.

(5) Written information pertaining to local and state laws governing the body of water in which they will be operating and a brief description of the so-called rules of the road. For PWCs or motorized watercraft, the information will also include the laws pertaining to headway speed violations and a map indicating "headway speed only" areas.

§ 118-22 Prohibited acts.

A. The following violations, in addition to the fines outlined in § 118-28, will also result in the immediate suspension of all City business licenses and/or permits.

B. No rental agent may continue to operate until the violations have been corrected and the City is satisfied with those corrections.

C. Failing to provide safety instruction: A rental agent is guilty of failing to provide safety instruction if it fails to comply with all the requirements of § 118-21, above.

D. Failing to maintain records. The rental agent must maintain written records showing that the requirements of § 118-21, above, were followed. If a waiver of § 118-21, Subsection B(4), above, is allowed, a photocopy of the watercraft license, USCG license or previous rental agreement and demonstrated ability must be included. Rental agents may not destroy these records in the event of a watercraft accident, drowning or other incident involving the rented equipment. Records may otherwise be destroyed six months following the date of rental.

E. No license/violation of licensing agreement. Any rental agent who fails to obtain or maintain a current City business license; or, who fails to abide by the requirements of § 118-21, is guilty of this violation.

§ 118-23 Agent negligence; City's right to recovery of costs.

A. When a rental agent fails to follow the provisions of this article and an accident or incident occurs that requires the use of City services, or requires the City to hire or fund private businesses or other government agencies as a result of the accident or incident, the rental agent shall be responsible for reimbursement of all associated costs.

B. These services include, but are not limited to: police, fire, rescue, or other emergency services; divers; water recovery specialists; engineers; environmental or hazardous materials specialists or companies; product inspectors, investigators, private consultants, attorneys, and/or legal expenses.