[Ord. of 11-25-1986, § 1]
This chapter shall be known and may be cited as the "City of Milford Harbor Management Plan Rules and Regulations."
[Ord. of 11-25-1986, § 2; Ord. of 6-7-2004]
The provisions of this article and any rules and regulations adopted pursuant thereto shall be applicable to and shall govern the use of the area located on, in or contiguous to the waters of the Wepawaug River, Indian River, and Beards Creek seaward to a line from Welches Point to Charles Island and along the tombolo or sand bar to the high water mark at Silver Beach, and the area that lies within the east side of the Housatonic River from the Milford/Orange town boundary line to the southern end of the breakwater at Milford Point.
[Ord. of 11-25-1986, § 3; Ord. of 6-7-2004]
If any provisions of this article are held invalid or inoperative, the remaining provisions shall continue in full force and effect as though such invalid or inoperative provisions had not been made.
[Ord. of 11-25-1986, § 4; Ord. of 6-7-2004]
Whenever, by the provisions of this article, a power is granted to the Harbor Commission for the City of Milford or a duty is imposed upon them, the power may be exercised or duty performed by a deputy of the Harbor Management Commission or by a person authorized pursuant to law, unless it is expressly otherwise provided.
[Ord. of 11-25-1986, § 5; Ord. of 6-7-2004]
The Harbor Management Commission is vested with authority over and control of all floats, wharves, docks, launching ramps, and other facilities owned, leased, controlled, constructed or maintained by the City of Milford, or constructed or maintained by a lessee in any Milford harbor or water as defined in Section 16.1-2, above.
[Ord. of 11-25-1986, § 6; Ord. of 6-7-2004]
For the provisions of this article, the Harbor Management Commission shall have the power and duty to enforce the laws, ordinances, traffic, and safety regulations covering usage of the waters of the City of Milford, as designated in Section 16.1-2 of this chapter.
[Ord. of 11-25-1986, § 7; Ord. of 6-7-2004]
The Harbor Management Commission, the Harbor Master or duly authorized agent(s) acting under the direction and jurisdiction of the Harbor Management Commission, and uniformed marine officers of the City of Milford shall have full authority to enforce this chapter.
[Ord. No. 64-6, §§ 9—11, 13; Ord. of 6-7-2004]
(a)
The boating safety enforcement officers may enforce the provisions of this chapter, and in the performance of such, duly summon to appear in court any person who fails to comply with the provisions of this chapter. No person shall be arrested or held in bail for such a violation except upon order of a court or upon warrant issued by a prosecuted officer of the state.
(b)
When engaged in the enforcement of the provisions of this chapter, no boating safety enforcement officer shall:
(c)
Any boating safety enforcement officer is authorized to issue a warning ticket to any person who shall violate any of the provisions hereof and/or to request that a warrant be issued for any violator hereof by a prosecuting officer of the state.
(d)
It shall be the duty of the Harbor Master to keep or cause to be kept, a record of all warning tickets, complaints investigated and orders made. For such purpose, all boating safety enforcement officers shall file with the Harbor Master, copies of all such documents.
[Ord. of 11-25-1986, § 8; Ord. of 11-9-1994, § 1; Ord. of 6-7-2004]
(a)
Penalty for violations. Violations of this chapter shall be a municipal infraction as described in Chapter 1, Section 1-9, of the City of Milford Code of Ordinances, and a fine not to exceed $100 shall be imposed for each conviction hereunder. Each day in violation shall be considered a separate offense and subject to separate citations. A fine not to exceed $100 shall be imposed for each repeat offense.
(b)
Collection of fines. Fines levied under the provisions of this chapter shall be collected by the Harbor Master and deposited in the City of Milford Municipal Harbor Management Fund.
(c)
Revocation of mooring permit. Repeated violations of this chapter may be cause for the revocation of a mooring permit as set forth in Section 16.1-80 of this chapter.
[Ord. of 11-25-1986, Art. II; Ord. of 11-9-1994, § 2; Ord. of 4-2-2002; Ord. of 6-7-2004]
For the purposes of this chapter the following terms shall have the meanings indicated:
Those water areas designated for anchoring with ground tackle found on board.
Any vessel, licensed or unlicensed, used or engaged for any type of commercial venture, including, but not limited to, the display of advertising or the carrying of cargo and/or passengers for hire.
A state of disability or a present or obviously imminent danger which, if unduly prolonged, could endanger life or property.
A state of imminent or proximate danger to life or property in which time is of the essence.
Any and all facilities of a harbor or maritime facility either publicly or privately owned that are intended primarily to be used by or for the service of small craft (including ramps, hoists, parking areas, leased water areas, concessions and service facilities) located on land or in the waters under the jurisdiction of the City of Milford.
The parts of a waterway kept open and unobstructed for free movement for water access.
Any floating structure normally used as a point of transfer for passengers and goods and/or for mooring purposes.
The duly appointed body of the City with responsibilities for carrying out the Harbor Management Plan as set forth under Public Act 84-247.
The Harbor Master appointed by the Governor of Connecticut.
Any facility affecting the use and operations of pleasure or commercial vessels bordering on, concerned with, or related to a protected water area of Long Island Sound and its tributaries that is owned, managed or controlled by or under the jurisdiction of the City.
To secure a vessel other than any anchoring.
A place where buoyant vessels are seasonally secured by equipment other than at fixed pier or dock.
The equipment used to secure a vessel at a mooring.
Any inboard powered vessel less than 16 feet in length, which has an internal combustion engine powering a water-jet pump as its primary source of motor propulsion and which is designed to be operated by a person sitting, standing, or kneeling on the vessel rather than the conventional manner of sitting or standing inside the vessel.
All areas of any harbor except those areas under specific lease to private persons or firms or owned privately.
"Shall" is mandatory; "may" is permissive.
That part of the land in immediate contact with a body of water, including the area between high and low water lines.
Berthing space for a single vessel alongside a pier, finger float, or walkway.
The State of Connecticut.
The minimum speed necessary to allow a vessel to be steered while making forward progress.
(1) An abandoned vessel; (2) a vessel the owner of which is unknown; or (3) a vessel underway without a competent person in command.
To secure a vessel to the bottom within a body of water by dropping an anchor or anchors or other ground tackle found on board the vessel.
The condition of a vessel not at anchor, without moorings, and not made fast to the shore nor aground.
Every description of water craft, other than a seaplane on water, used or capable of being used as a means of transportation on water.