[Ord. of 4-20-1993, § 26-16; Ord.
No. 2007.11, 3-6-2007]
It is unlawful to moor a vessel within the harbor of the City
without first obtaining a permit from the Harbormaster.
[Ord. of 4-20-1993, § 26-21; Ord. of 2-17-1998(2); Ord. No. 2000.21, 5-2-2000; Ord. No. 2007.11, 3-6-2007; 9-2-2014 by Ord. No. 2014.85; 12-19-2023 by 2023.136]
(a)
Applications for mooring permits must be filed with the City no later
than March 15 of the current year. Permits are valid for a one-year
period, from March 15 of the current year to March 14 of the following
year. Applications shall be made on forms prescribed by the Harbormaster.
Applications that are filed after the deadline shall be subject to
mooring allocations made to persons applying prior to the deadline
date. There shall be a late fee of $50 applied towards any application
for a mooring permit which is received after March 15 of the requested
year.
(b)
Mooring permits shall specify:
(c)
A permit for a mooring is valid for the period from March 15 of the
current year to March 14 of the following year and must be renewed
annually.
(d)
A mooring that is not used for any consecutive three-month period
between May 1 and September 30 shall be presumed to be abandoned,
and the Harbormaster may allocate that mooring location to any other
person in accordance with this article.
(e)
The Harbormaster shall maintain a waiting list for areas in which
no more vessels can be safely moored, showing the priority of each
applicant.
(f)
Under the direction of the Harbor Commission, the Harbormaster shall
maintain charts showing the location of all assigned moorings.
(g)
The Harbor Commission may set the form of the mooring permit and
renewal applications.
(h)
The annual application fee for the waiting list for moorings shall
be $10 which shall be applied against the mooring permit fee as a
credit the year the mooring is placed.
(i)
A granted mooring permit or renewal fee shall be $180.
(j)
All funds collected as a result of this section shall be considered
designated revenue for the sole purpose of the execution of this division
and the promotion of marine related facilities in the harbor.
(k)
No vessel is allowed to moor between December 1 and April 1 without
written permission of the Harbormaster.
[Ord. of 4-20-1993, § 26-17; Ord.
No. 2007.11, 3-6-2007]
(a)
Moorings in each area shall be assigned by the Harbormaster in a
manner to comply with the federal requirements that moorings falling
within the scope of federal navigation projects must be managed in
the general public interest and must be accessible and available to
all on equal terms.
(b)
The Harbormaster shall establish a management system for assignment
of moorings using the following standards:
(1)
The system shall make no arbitrary distinction or requirements
of any kind in allocating use of moorings except as may be consistent
with the purpose of which any federal navigation project concerning
or relating to moorings as constructed or undertaken.
(2)
The system shall not result in arbitrary fees or arbitrary variations
in fees among users. The cost of providing necessary management and
ancillary facilities and services with respect to moorings may be
offset through equitable user fees based on the actual costs incurred.
(c)
Information pertaining to moorings shall be readily available to
the public at all times.
(d)
The Harbormaster shall designate an area in each harbor which shall
be for the mooring of commercial fishing vessels properly equipped
to lobster, gillnet, longline, and/or trawl. This designated area
must comply with the Army Corps of Engineers' mooring allocation guidelines.
This would be done by establishing a separate waiting list for noncommercial
and commercial fishing vessels.
(e)
The Harbormaster may at his discretion allow mooring of noncommercial
fishing vessels within the designated commercial fishing vessel area
provided it does not preclude a commercial fishing vessel as listed
in this section from being moored in that area.
[Ord. of 4-20-1993; § 26-18; Ord.
No. 2000.55, 7-5-2000; Ord. No. 2007.11, 3-6-2007]
(a)
Mooring transfers permitted by ordinance in accordance with State
Statutes M.R.S.A., Sec. 3-A, as amended, as follows:
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Any mooring assignment used for commercial fishing purposes may be transferred only at the request or death of the assignee, and only to a member of the assignee's family and only if the mooring assignment will continue to be used for commercial purposes as described in Section 74-78, Assignments, Subsection (d), which reads: "The Harbormaster shall designate an area in each harbor which shall be for the mooring of commercial fishing vessels properly equipped to lobster, gillnet, longline, and/or trawl."
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For the purpose of this section, "member of the assignee's family,"
means an assignee's parent, child or sibling, by birth or adoption,
including a relation of the half blood.
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(b)
Persons having moorings as of March 20, 1989, in a given location who apply for a permit for their moorings by September 1, 1989, shall have priority for that location as against other persons with the same or lower priority under Section 74-78. This section shall not apply to rental moorings unless, prior to March 20, 1989, a federal mooring permit has been granted to that individual. Failure to have a federal permit prior to March 20, 1989, shall terminate any rights that individual has in a mooring or moorings and that individual must comply with the provisions of Section 74-78.
(c)
Subject to the provisions of Subsection (a), persons awarded permits shall have priority for that location as against other persons with the same or lower priority under Section 74-78, provided that the mooring is not abandoned and that the owner files timely applications every year to renew the permit.
(d)
Moorings for vessels over 50 feet may, at the discretion of the Harbormaster,
be assigned only in noncongested areas.
(e)
In assigning moorings, the Harbormaster shall maintain channels and
access to piers, wharves and docks.
[Ord. of 4-20-1993, § 26-19; Ord.
No. 2000.21, 5-2-2000; Ord. No. 2007.11, 3-6-2007]
(a)
All moorings shall be of sufficient size and weight, with chain or
rope in sound condition, to properly secure the moored vessel, and
the float attached to the mooring line shall be of sufficient size
and buoyancy to remain afloat when not attached to the vessel. Each
mooring float shall be marked with the number of its assigned permit
in permanent legible numbers not less than three inches high.
(b)
All moorings shall be inspected by the Harbormaster or a qualified
mooring inspector not less than every other year by June 30.
(c)
The Harbormaster may, at his discretion, cause a mooring to be hauled
for inspection at any time at the owner's expense if the mooring has
not been inspected in accordance with this division or the Harbormaster
has reasonable cause to believe the mooring is unsafe.
(d)
All moorings are required to meet the following minimum standards.
These are minimum standards only. The Harbormaster may require heavier
tackle based on the mooring location.
[Amended 2-19-2013 by Ord. No. 2013.7]
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Boat Length
(feet)
|
Boat Weight
(pounds)
|
Block Weight
(pounds)
|
Chainlink Size*
(inches)
| |
|---|---|---|---|---|
|
12
|
500
|
350
|
3/8
| |
|
20
|
1,500
|
750
|
3/8
| |
|
25
|
5,000
|
1,200
|
1/2
| |
|
30
|
8,000
|
1,800
|
5/8
| |
|
35
|
12,000
|
2,500
|
3/4
| |
|
40
|
3,200
|
1
|
(1)
The length of the heavy chain (from the mooring block to the
light chain or rope) shall be equal to the depth of the surrounding
water at mean high water. *It is recommended that the chain be grade
30 or better.
(2)
The length of the light chain or rope (from the heavy chain
to the mooring ball) shall also be equal to the depth of the surrounding
water at mean high water.
(3)
The length of the pennant (line from mooring ball to bow chock
or cleat of the vessel) shall be equal to 1 1/3 the vertical
distance from the water to the box chock or cleat of the vessel.
(4)
All mooring lines shall be nonfloating.
(5)
A mooring float shall meet U.S. Coast Guard regulations; a white
ball with a blue stripe.
(6)
A mushroom anchor or helix mooring anchor is permitted with
the approval of the Harbormaster.
[Added 9-2-2014 by Ord. No. 2014.86]
(7)
A sealed tag shall be installed by the inspector identifying
mooring and date of inspection.
[Ord. of 4-20-1993, § 26-20; Ord.
No. 2007.11, 3-6-2007]
Moorings shall be prohibited in all channels of Biddeford Harbor.
[Ord. of 4-20-1993, § 26-25(a), (b); Ord. No. 2000.21, 5-2-2000; Ord. No. 2007.11, 3-6-2007]
(a)
The Harbormaster is authorized to remove, at the owner’s expense, any unauthorized mooring or any mooring that has been determined to be unsafe. Prior to removal, the Harbormaster is required to provide notification to the owner of the mooring in accordance with Section 74-85.
[Amended 2-19-2013 by Ord. No. 2013.7]
(b)
The Harbormaster is authorized to hire a contractor to pump out any
boat found to be taking on water that is secured to a licensed mooring,
but no more than twice in a thirty-six-hour period. All those not
paying fees for such work within 60 days will lose their mooring privileges
for the remainder of the permit time and not be granted a new mooring
permit until the contractor is paid for the cost of pumping and/or
salvage. This applies only to boats for which the owner cannot be
located and/or has failed to take immediate action. Any contractor
authorized by the Harbormaster to pump or salvage a vessel shall seek
reimbursement only from the vessel owner or other liable parties but
shall not have an action against the City for such costs.
[Ord. of 4-20-1993, § 26-25(c); Ord. No. 2000.21, 5-2-2000; Ord. No. 2007.11, 3-6-2007; amended 2-19-2013 by Ord. No. 2013.7]
[Added 2-19-2013 by Ord. No. 2013.7[1]]
All designated temporary structures are to be removed from the
water for the period of December 1 through April 1 unless prior written
permission is obtained from the Harbormaster.
[1]
Editor's Note: This ordinance also repealed former Section
74-84, Mooring sticker required, as amended.
[Ord. of 4-20-1993, § 26-22; Ord.
No. 2000.21, 5-2-2000; Ord. No. 2007.11, 3-6-2007]
The Harbormaster is responsible for enforcement of the provisions
of Division 4 of this chapter.
(a)
On the first violation relating to any mooring, the Harbormaster
shall issue a written warning to the owner of the mooring, if the
name and address can be reasonably ascertained.
(b)
For a second or subsequent violation of this division or for failure
by the owner of a mooring to correct a violation within 15 days after
being issued a warning to correct a violation of this division the
owner shall be penalized by a minimum fine of $100 to a maximum fine
of $2,500. Penalties shall be assessed through a process in district
court.
(c)
The Harbormaster may remove any mooring that is in any channel or
that otherwise obstructs navigation, or that remains in violation
of this division; provided, that a written notice of its removal shall
first be sent to the owner by mailing such notice by regular mail
to the last known name and address. Any such removal shall be at the
expense of the owner, and the Harbormaster may collect all expenses
in connection with such removal in district court. The Harbormaster
shall have a lien on any mooring and related tackle that is removed
under the provisions of this section in order to secure any claim
for expenses.
(d)
The Harbormaster may remove any vessel, float, mooring, lobster trap,
or fishing gear at owner's expense if deemed a safety hazard.
