[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:
(1)
Patrol any water except when in uniform and in a vessel designated
and clearly marked as a police vessel; or
(2)
Stop and board any vessel which is underway, except a vessel
which is being operated in a reckless manner.
(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:
ANCHORAGE
Those water areas designated for anchoring with ground tackle
found on board.
COMMERCIAL VESSEL
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.
DISTRESS
A state of disability or a present or obviously imminent
danger which, if unduly prolonged, could endanger life or property.
EMERGENCY
A state of imminent or proximate danger to life or property
in which time is of the essence.
FACILITIES
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.
FAIRWAY
The parts of a waterway kept open and unobstructed for free
movement for water access.
FLOAT
Any floating structure normally used as a point of transfer
for passengers and goods and/or for mooring purposes.
HARBOR MANAGEMENT COMMISSION
The duly appointed body of the City with responsibilities
for carrying out the Harbor Management Plan as set forth under Public
Act 84-247.
HARBOR MASTER
The Harbor Master appointed by the Governor of Connecticut.
MARITIME FACILITY
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.
MOOR
To secure a vessel other than any anchoring.
MOORING
A place where buoyant vessels are seasonally secured by equipment
other than at fixed pier or dock.
PERSONAL WATERCRAFT (P.W.C.)
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.
PUBLIC AREA
All areas of any harbor except those areas under specific
lease to private persons or firms or owned privately.
SHORE
That part of the land in immediate contact with a body of
water, including the area between high and low water lines.
SLIP
Berthing space for a single vessel alongside a pier, finger
float, or walkway.
STATE
The State of Connecticut.
STEERAGE SPEED
The minimum speed necessary to allow a vessel to be steered
while making forward progress.
STRAY VESSEL
(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 ANCHOR
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.
UNDERWAY
The condition of a vessel not at anchor, without moorings,
and not made fast to the shore nor aground.
VESSEL
Every description of water craft, other than a seaplane on
water, used or capable of being used as a means of transportation
on water.