This Harbor Ordinance is hereby established to regulate marine
activities within Wells Harbor of the Town of Wells, Maine, in order
to ensure safety to persons and property, promote availability and
use of valuable public resources, and to create a fair and efficient
framework for the administration of these waters.
Except where specifically defined herein, all words used in
this chapter shall carry their customary meanings. Words used in the
present tense include the future, and the plural includes the singular.
The word "shall" is always mandatory.
As used in this chapter, the following terms shall have the
meanings indicated:
ABANDONED VESSEL
A vessel that has one or more of the following characteristics:
a) The vessel is required to be registered with any federal or state
governmental agency, but is not so registered; b) The vessel's owner,
operator or custodian cannot be located nor identified; c) The vessel
is a motor-powered vessel which does not have a working engine; d)
The vessel does not have operable and effective bilge pumps; e) The
vessel has not been in operation for 60 or more consecutive days;
f) The vessel is sinking or a threat and its owner cannot be contacted
by good faith effort prior to the need to act to prevent personal,
property or environmental damage; g) The vessel is one which is the
subject either of an unauthorized berthing, complaint, or complaint
for unauthorized mooring at a public or private pier or mooring whose
owner cannot be contacted within a period of 24 hours from the time
of the complaint.
[Added 1-7-2020]
ANCHORAGE
The area of Wells Harbor where the wake zone is enforced
from the green day mark "5" south to the southernmost mooring in the
Webhannet River.
COMMERCIAL FISHERMAN
A person, vessel or master able to provide the following:
[Amended 6-7-2022]
A.
Proof they hold a valid state or federal commercial Fishing
or Harvester/Aquaculture license;
B.
Proof that activities associated with commercial fisheries contribute
no less than $5,000 USD to their annual income;
C.
Proof of commercial liability insurance;
D.
Proof they possess a valid USCG Captain's license.
MOORING PERMIT
A permit issued annually by the Harbor Master to an applicant,
authorizing the applicant to use a specific mooring space for a specific
overall length and type of vessel, for a period of one year.
PRIVATE MOORING
Moorings placed within Wells Harbor that are governed by the provisions of §
124-14A and
C and for which private individuals are largely responsible for installation and maintenance.
[Added 2-21-2017]
PUBLIC MOORING
Moorings placed within Wells Harbor that are governed by the provisions of §
124-14A and
B and for which the Town of Wells is largely responsible for installation and maintenance.
[Added 2-21-2017]
STRUCTURALLY UNSAFE
A vessel lacking structural integrity due to neglect, design,
or damage, thereby creating an unsafe environment for vessels, persons,
or property in its vicinity.
UNSANITARY
A vessel discharging or otherwise emitting toxic or environmentally
damaging materials above and beyond normal operating standards or
promoting the congregation of waterfowl.
WELLS HARBOR
The Webhannet River and all of its tributaries both now and
hereafter appearing where the tide ebbs and flows.
The Board of Selectmen shall be authorized to appoint a suitably
qualified Harbor Master and Assistant Harbor Master and fix a reasonable
compensation for such service.
The Harbor Master shall enforce all ordinances, rules and regulations
and state and federal statutes applicable to Wells Harbor and other
public properties as herein described in this chapter.
The enforcement of this chapter shall be the duty of the Harbor
Master whenever not otherwise provided. The Assistant Harbor Master
shall have the powers and duties of the Harbor Master in the Harbor
Master's absence.
All orders and directions of the Harbor Master shall be complied
with.
No dock, floats or any other type of structure shall be erected
in Wells Harbor without first obtaining all necessary permits, including
from the Board of Selectmen and the Army Corps of Engineers whenever
required.
The Harbor Master may, after consultation with the Town Manager
and subject to the approval of the Board of Selectmen and confirmation
and approval by the Coast Guard, lay out a channel through the anchorage
and place markers determining such channel if necessary.
The Harbor Master shall mark for public safety any shoal or
other submerged object with the approval of the Coast Guard.
Whoever violates or fails to comply with any section of this
chapter or rules or regulations may be punished by a civil penalty
of not less than $50 plus the costs for each offense, and where a
hazard or defiance exists, a civil penalty of not less than $50 per
day may be levied, and all moneys derived from such violations shall
be retained by the Town of Wells for enforcement purposes, subject
to costs and other charges by the court.
[Amended 1-7-2020]
If any section, subsection, sentence, clause, phrase or portion
of this chapter or application thereof to any person(s) or circumstance(s)
is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion or application shall be deemed
a separate, distinct and independent provision or application and
such holding shall not affect the validity of the remaining portions
or applications thereof.