[Ord. of 4-20-1993, § 26-13; Ord.
No. 2007.11, 3-6-2007]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
To be touching or stuck on the bottom.
The combination of a masthead and stern light into a single
white light able to be seen by other vessels from any direction (also
called an anchor light).
The device used to secure a boat to the bottom of a body
of water.
The explosion of prematurely ignited fueled or of unburned
exhaust gases in an internal combustion engine.
To remove water by scooping it out with a bucket.
The maximum width of a vessel.
The place where a vessel lies when at anchor or at a wharf.
The interior of the hull below the floorboards; lowest part
of a vessel's interior where the sides of the vessel cure in to form
the bottom.
Any type of vessel other than a personal watercraft.
The front of a vessel.
A line (rope) used at the bow of a vessel.
The wooden supports on which the vessel rests while on the
trailer.
The slip or waterway extending between two piers or projecting
wharves or cut into the land for the reception of vessels.
A platform that floats and is anchored at or near the shore
and which is used for landing or other purposes.
Shall include the tidal waters within the geographical limits
of the City.
The individual described by division 2 of this article, as
well as any appointed assistant Harbormaster.
The slowest speed at which it is still possible to maintain
steering. This definition also applies to the terms "idle speed,"
"no-wake speed" and "slow no-wake speed."
[Amended 2-19-2013 by Ord. No. 2013.7]
A mooring anchor suitable for use as a mud-mooring only.
The helix anchor is built with a helical disc welded to a solid shaft
and a top mooring termination to attach the ground tackle. Installation
requires screwing the mooring anchor into the mud with a turning bar.
[Added 9-2-2014 by Ord. No. 2014.86]
The use and occupancy of a raft, hull, barge or vessel, designed
primarily to be occupied as living quarters, and providing living,
sleeping, cooking and/or sanitary facilities, whether temporarily
or permanently.
[Added 2-19-2013 by Ord. No. 2013.7[1]]
A place for landing or discharging persons or things from
a vessel.
The means of securing a vessel to a particular location in
the City waters, other than temporarily by anchor for a period of
no more than 48 hours. Dock, pier, wharf or float tie-ups are not
moorings.
A mooring that is out of water three hours before and three
hours after the high tide.[2]
A line attached to the shore and to a weight offshore to
which a dinghy is secured.
A breakwater or pole extending into navigable water for use
as a landing place, a promenade, or to protect or form a harbor; a
structure built out into the water with piles for use as a landing
place.
Means and includes Saco Bay, the City wharves, and all known
landings and any other public landings or wharves that might be acquired
by the City.[3]
Any structure that is designated to remain in the water
for a period of no longer than seven months within a twelve-month
period, including but not limited to walkways, gangways, floats and
docks.
[Added 2-19-2013 by Ord. No. 2013.7]
Any watercraft used or capable of being used for transportation.
A structure of timber, masonry, cement, earth or other material
built on the shore of a harbor, river, canal or the like, especially
one extending parallel to the shoreline so that vessels may lie close
alongside to receive and discharge passengers and cargo.
[1]
Editor's Note: This ordinance also repealed the definition
of "idle speed" which immediately followed. See now the definition
of "headway speed."
[2]
Editor's Note: The definition of "no-wake speed," which immediately
followed, was repealed 2-19-2013 by Ord. No. 2013.7. See now the definition
of "headway speed."
[3]
Editor's Note: The definition of "slow-no-wake speed," which
immediately followed, was repealed 2-19-2013 by Ord. No. 2013.7. See
now the definition of "headway speed."
[Ord. of 4-20-1993, § 26-13; Ord.
No. 2007.11, 3-6-2007]
A "qualified mooring inspector" is a person, including a skin-diver,
who to the satisfaction of the Harbormaster, is qualified to inspect
mooring tackle as to condition and size. Qualifications of the individual
selected shall be reviewed and evaluated by previous experience in
the installation and inspection of moorings; familiarity with mooring
tackle, including the size and type of mooring tackle that is needed
for the safe mooring of given sizes of vessels; and familiarity with
the mooring regulations established by the Harbor Commission. To be
considered for appointment as mooring inspector, an applicant must
furnish proof of liability insurance to the satisfaction of the Harbor
Commission, but shall be not less than $1,000,000. Once appointed,
a qualified mooring inspector must maintain said liability insurance.
[Code 1975, § 16-45; Ord. of 4-20-1993, § 26-13; Ord. No. 2007.11, 3-6-2007]
Channels are areas of the harbor kept open for navigation or
other purposes by the action of the Harbormaster or by rules or regulations
of the Harbor Commission, the Department of the Army or other regulatory
or legislative bodies. In the outer harbor at Biddeford Pool, the
channel shall be 100 feet wide from can C7 to the entrance of the
inner harbor, otherwise known as the Gut. At the mouth of the Saco
River, the channel shall be 100 feet wide from can C5 to the red nun
buoy off Jordan's Point; the remainder of the channel in the Saco
River shall be 75 feet wide.
[Ord. of 4-20-1993, § 26-13; Ord.
No. 2007.11, 3-6-2007]
A vessel is considered abandoned if the following circumstances
exist for a period of at least 14 continuous days:
(1)
The owner of the vessel fails or refuses to pay any applicable license
fee, excise tax, harbor usage fee, or any other fee or charge imposed
by the City or the Harbormaster.
(2)
The owner of the vessel fails or refuses to comply with any lawful
order issued by the Harbormaster.
(3)
The owner of the vessel fails or refuses to respond to any lawful
request for information submitted by the Harbormaster.
[Ord. of 4-20-1993, § 26-13; Ord.
No. 2007.11, 3-6-2007]
A vessel is considered a derelict vessel if it:
(1)
Lacks any license or registration, issued by any authority, the possession
of which is a prerequisite to the operation of such a vessel;
(2)
Is submerged to a level substantially above its normal water line,
and remains so for a period of at least 48 consecutive hours without
reasonable attention; or
(3)
Is damaged to such an extent that it cannot be moved under its own
power.
[Ord. of 4-20-1993, § 26-24; Ord.
No. 2007.11, 3-6-2007]
No-wake zones, headway speed zones, idle speed zones, no-wake
speed zones, slow-no-wake zones may be established by the Harbor Commission
by the posting of such zones in the designated areas.
[Ord. of 4-20-1993, § 26-26; Ord.
No. 2007.11, 3-6-2007]
No person shall obstruct by any means whatsoever the free use
of piers, docks and other common landing places. The City wharves
shall be used only for loading and unloading. Vessels shall not remain
moored to the wharf or float for a period longer than reasonably necessary
for this purpose, except by permission of the Harbormaster.
[Ord. of 4-20-1993, § 26-27; Ord.
No. 2007.11, 3-6-2007]
No person shall dive from or swim within 30 feet of public wharves
and landings.
[Ord. of 4-20-1993, § 26-28; Ord.
No. 2007.11, 3-6-2007]
No person shall fish from City floats.
[Ord. of 4-20-1993, § 26-29; Ord.
No. 2007.11, 3-6-2007; amended 2-19-2013 by Ord. No.
2013.7; 9-19-2023 by Ord. No. 2023.102]
(a)
No additions, alterations, new construction or/or changes to an existing
wharf, pier or landing shall be made without prior permission of the
Harbormaster.
(b)
Permission for the construction of any new wharf or pier within the
jurisdictional limits of the City shall not be granted without approval
of the Harbormaster, along with federal, state and local governing
authorities.
(c)
To obtain permission for any new wharf or pier, the applicant must
provide the following information:
(1)
A formal boundary survey that has been documented at the Registry
of Deeds.
(2)
A copy of the boundary survey showing the littoral zone, established
by extending property lines seaward.
(3)
A location map from a portion of a USGS topographic map or coastal
chart.
(4)
Distance to navigable channels or any federal navigation project.
(5)
Mean high- and low-water boundary.
(6)
A plan view on the drawing(s) that shows the location and dimensions
of the applicant's structure(s) in relation to the applicant's property
lines.
(7)
A typical cross section/side view of the applicant's structures
on the drawing(s).
(8)
Evidence that owners of abutting properties have been notified
of the applicant's intended project.
(9)
Evidence that the 1) Maine Historic Preservation Commission,
2) Aroostook Band of Micmac, 3) Passamaquoddy Tribe of Indians: Pleasant
Point; Indian Township, 4) Houlton Band of Maliseet Indians, and 5)
Penobscot Indian Nation have been notified of the applicant's intended
project.
(10)
Completed applications to the Army Corps of Engineers, Department
of Environmental Protection and Biddeford Code Enforcement. A regulatory
permit from the Saco River Corridor Commission may also be required
in some instances.
(d)
The process to obtain permission for any new wharf or pier shall
be facilitated by the Harbormaster. Initially, the Harbormaster shall
be available to guide the applicant through the application process
and finally, to sign off that all regulatory approvals have been obtained
for construction.
[Added 2-19-2013 by Ord. No. 2013.7]
(a)
Floats that are an integral part of a wharf, pier, or landing are permitted and regulated in accordance with Section 74-35. Floats that are not part of a wharf, pier or landing are not permitted without the permission of the Harbormaster.
(b)
All floats and float sections must be identified with the property
owner's name, town map and lot identification number.
[Added 2-19-2013 by Ord. No. 2013.7]
No vessel, watercraft or float which is unseaworthy or in badly
deteriorated condition or which is likely to injure persons or damage
private or public property, or which might become a hazard to navigation,
shall be allowed to moor within the jurisdictional limits of the City.
The Harbormaster and Harbor Commission may separately or jointly determine
whether any watercraft is unseaworthy, dangerous or in badly deteriorated
condition and take appropriate steps for its removal. This section
does not apply to vessels in immediate distress as a result of current
emergencies.
[Added 2-19-2013 by Ord. No. 2013.7]
All aquaculture venture(s) must receive written permission of
the Harbormaster.
[Added 2-19-2013 by Ord. No. 2013.7]
Houseboats are prohibited from mooring or anchoring within the
jurisdictional limits of the City except at marinas which provide
the following:
(1)
A permanent float, dock or slip from which the houseboat may be directly
boarded from land.
(2)
Connection to a public water supply by means of an individual anti-backflow
valve.
(3)
A sewer connection to a public sewage system.
(4)
A year-round, all-weather supply of electricity.
(5)
Parking as required by the codes and ordinances where the marina
is located.
(6)
Compliance with the applicable land use codes.
