[Adopted 2-11-1975[1]]
[1]
Editor's Note: This ordinance was approved for publication
by the Common Council 9-12-1978.
The following provisions governing the mooring of vessels shall
apply only to the confines of the special anchorage area within the
Five Mile River.[1]
[1]
Editor's Note: This ordinance also noted that the special
anchorage area is to embrace the navigable waters south of White Bridge.
The legislative bodies of both Darien and Norwalk are being asked
separately to approve the Five Mile River Commission's application
to the federal government for this designation.
[Amended 10-9-1990]
A.
In order to provide for adequate access for vessels, for the safety
of persons and property and for the optimum use of the harbor areas,
the Harbor Superintendent appointed by the Five Mile River Commission
pursuant to Public Act No. 805, approved July 8, 1971, is empowered
to approve the location and equipment and issue a permit for use of
any mooring within the confines of the Five Mile River.
B.
Subject to § 69-12 hereof, such approval and permit shall be in effect for the calendar year in which it is granted. Additionally, when a vessel changes ownership or the owner changes the vessel for which approval was granted, a new application must be made in the name of the new owner/vessel. The Harbor Superintendent shall accept renewal applications after October of each calendar year and new applications at any time and may establish and provide special procedures for renewals consistent with the remainder of these regulations.
Each applicant, who may be an individual, partnership or corporation,
is deemed to be the owner of the mooring tackle placed in an approved
location and is responsible for the proper equipment and its maintenance
and placement.
[Amended 10-9-1990; 3-28-1995]
A.
In issuing permits, the Harbor Superintendent shall give consideration
to the following criteria: first, ownership of vessel which last previously
occupied the space; order of application; size, draft, type and use
of vessel.
B.
Priority in the assignment of mooring locations will be accorded
to the owners of vessels using mooring locations during the previous
season. In order to renew the permits for such mooring locations,
a completed application, including the documentation referred to below,
must be submitted to the Harbor Superintendent on or before March
15 of each year hereafter. In the event that an application is submitted
which is incomplete, the applicant shall have an additional period
of 30 days to resubmit said application to the Harbor Superintendent.
C.
Those applying to the Harbor Superintendent for a mooring in the
Five Mile River harbor must provide the Harbor Superintendent, by
way of a completed application form, the following information before
a permit is issued:
(1)
The applicant must identify and document the means and location of
vehicular and pedestrian access to the water.
(2)
The specific off-street location where the applicant's car will be
legally parked must be identified and documented.
(3)
If the applicant intends to use a dinghy, the storage location of
the dinghy must be identified and documented.
(4)
If the applicant intends to access his/her mooring via a marine operator's
launch service, the name and address of the marine service operator
providing the launch service must be identified and documented.
(5)
An applicant must also identify and document the location of the
receptacle(s) which he/she intends to use for depositing trash from
his/her boat.
(6)
An applicant must identify and document the location of the rest
rooms available for his/her use.
(7)
An applicant must identify and document the identity of a qualified
marine operator who will install and maintain his/her mooring or otherwise
satisfy the Harbor Superintendent of his/her own competence to install
and maintain the same.
D.
In the event that a permit holder from the previous season fails
to comply with the renewal procedure specified hereinabove, the mooring
location he/she previously occupied will be forfeited and offered
to those on the mooring waiting list which the Harbor Superintendent
maintains and which will be placed on file in the office of the Town
Clerks of the City of Norwalk and the Town of Darien. Said mooring
location will be offered to the person whose name has appeared on
said waiting list for the longest time on a first come/first served
basis without regard to residence, provided that said person's boat
is appropriate for the mooring location available in terms of its
length and draft. If that person declines said mooring location, it
will be offered to the next person on the waiting list in accordance
with the aforementioned procedure. Applications for the mooring waiting
list will be made available at the Darien and Rowayton Public Libraries
and at other locations to be designated by the Commission.
E.
A reasonable number of the available mooring permits will be provided
by the Harbor Superintendent outside the Federal Navigation Project
(one-hundred-foot federal channel) to qualified marine service operators
for service to their customers and/or for transient vessels. In so
granting these mooring permits, it is understood that the marine service
operators will derive no rental income from such permits, as they
are assigned solely for commissioning and repair purposes. Nothing
herein shall prohibit qualified marine service operators from deriving
income for services provided to mooring permit holders.
F.
To ensure a safe, navigable freeway between the rows of moorings
in the Five Mile River harbor, the Harbor Superintendent will require
bow-to-stern rows according to the comprehensive mooring plan to be
established by the Harbor Superintendent. During the first week of
March of each year, the Harbor Superintendent shall meet with interested
parties for the purpose of reviewing and developing the comprehensive
mooring plan for that year and the proposed placement and assignment
of moorings.
[Amended 10-9-1990]
A.
The Five Mile River Commission is hereby authorized to charge a fee
for all boats moored and/or berthed at docks, slips, floats or piers
within the Five Mile River, on an annual boating season basis. Such
fee will not exceed the maximum established by state statute [$100
per annum as of the date of this ordinance]. The amount and basis
of such fee shall be reviewed annually and set by majority vote of
the Commission. A public hearing shall be held preceding any change
in the fee structure. Such changes shall be published in a newspaper(s)
having substantial circulation in Norwalk and Darien.
B.
Each application for a mooring shall be accompanied by the appropriate
fee for such mooring. In the event that an application is not approved,
the Harbor Superintendent shall return the fee to the applicant within
10 days after notice of denial of such application. No transferable
rights shall be conferred by the approval of a permit for the use
of a mooring location to a new owner of the same boat or to a new
boat of the same owner.
C.
Funds collected pursuant to this section shall be deposited in a
special fund maintained for the Five Mile River Commission by the
Finance Officer of the City of Norwalk, subject to examination by
the Finance Officer of the Town of Darien. Such funds shall be used
to carry out the functions of the Commission under state statute and
the joint ordinances of the City of Norwalk and the Town of Darien.
Funds accrued in excess of day-to-day operating costs will be used
for maintenance dredging within the federal channel in the Five Mile
River or other harbor improvements.
D.
At some time, the fees collected by the Commission under this authorization
are expected to make it self-financing. The Commission will nevertheless
continue to submit, for approval by the appropriate executive, financial
and legislative bodies of the City of Norwalk and the Town of Darien,
an annual budget or plan for revenues and expenditures. The Commission
shall follow the standard financial policies and practices applicable
to a separately budgeted board or commission of the City of Norwalk
in regard to financial procedures and records, such as, but not limited
to:
The Harbor Superintendent may require any mooring or vessel
to be removed or transferred to a new location whenever, in his judgment,
the safety of any other vessels, adequate access or optimum use of
the special anchorage area so requires.
A.
All new moorings, anchors, chains and other equipment used in connection
with such moorings shall be submitted to the Harbor Superintendent
for inspection to determine compliance with the schedule of minimum
standards for moorings as established or amended by the Five Mile
River Commission from time to time.
B.
The Harbor Superintendent may, from time to time, but not more frequently
than once every two years, require any applicant to display for inspection
the anchor, chain and other equipment used at any mooring for soundness
of condition and compliance with the schedule of standards.
No vessel, mooring or other object shall be abandoned or sunk
or placed where it may constitute a danger to navigation or to the
safety of persons or property or where it may prevent optimum use
of the special anchorage area. Any vessel, mooring or other object
abandoned or sunk or so placed may be removed or relocated by direction
of the Harbor Superintendent if corrective action is not taken by
the owner, if known, within seven days after notification or, if not
known, after notice has been posted for that period on the vessel,
mooring or object. Nothing herein contained shall prevent the Harbor
Superintendent from taking such measures with or without notice if,
in his judgment, it is necessary to provide for the safety of persons
or property. The expense of such removal or relocation and any liability
arising from injury to persons or property incurred thereby shall
be the responsibility of the owner.
To assist the Harbor Superintendent in his duties hereunder, the Harbor Superintendent, with the approval of the Five Mile River Commission, may appoint not more than two Assistant Harbor Superintendents who will serve at the pleasure of the Harbor Superintendent. In the event of emergency or in the absence of the Harbor Superintendent, any Assistant Harbor Superintendent may exercise the powers granted to the Harbor Superintendent under §§ 69-12 and 69-14 hereof. Any Assistant Harbor Superintendent may also be empowered by the Harbor Superintendent to approve the locations of moorings or to inspect moorings, anchors, tackle and other equipment pursuant to §§ 69-8, 69-10 and 69-13 hereof.
The Mayor shall appoint as special constable the Harbor Superintendent
for the purpose of enforcing this ordinance within the waters of the
Five Mile River lying within the City of Norwalk.
Any person aggrieved by a decision of the Harbor Superintendent
made pursuant to the powers granted in this ordinance may appeal such
decision in writing within 15 days to the Five Mile River Commission.
The Five Mile River Commission is empowered, after a hearing to be
held within 15 days of receipt of notice of appeal, at which both
the appellant and the official involved shall be given an opportunity
to be heard, to reverse or amend such decision upon a finding that
such decision does not conform to the provisions of this ordinance.
[Amended 10-9-1990]
Any person, partnership or corporation who violates these regulations shall be liable to a fine of not more than $100 for each offense. Each day that a violation continues after seven days following notification as provided in § 69-14 hereof shall be considered a separate offense. The provisions of this section are in addition to and do not supersede any penalties resulting from simultaneous violations of state or federal law.
[Amended 10-9-1990]
The Five Mile River Commission shall submit annually during
the month of July a written report to the legislative bodies of the
City of Norwalk and the Town of Darien reviewing and evaluating the
Commission's operations during the period since its last report and
stating whether or not it recommends changes in this section.
