[Adopted 4-2-2018 by Ord. No. 1000]
The Board of Port Wardens is hereby created and shall be referred to as "Board" or "Port Wardens."
The number of members shall be three. The Port Wardens shall consist of the Director of the Department of Public Works, the Director of Planning, and the City Council liaison to the Marina Commission who is the member of the City Council Parks and Harbor Committee. Each member shall serve on the Board until such time as they are no longer serving in their respective positions. Any vacant position shall remain vacant until a successor is appointed by the Mayor and City Council.
The purpose of the Port Wardens is to provide regulatory authority over the placement of structures or barriers extending into the waters of the municipality, including but not limited to the water supply intake pipes adjacent to the water filtration plant, in order to prevent damage to such structures and barriers, and to prevent the introduction of contagious diseases into the municipality, without burdening public access to navigable waterways.
The general powers and duties of the Port Wardens shall be as authorized by § 5-208 of the Local Government Article of the Annotated Code of Maryland, and may include the following duties and powers:
A. 
To regulate the placement of structures or other barriers in or on the waters of the municipality.
B. 
To issue permits for mooring piles, floating wharves, buoys, and anchors that extend into municipal waters, including without limitation the placement of a buoy or other structure on or adjacent to the City water intake pipes, and with respect to such structures constructed by or owned by the City, to issue permits, licenses or leases, for vessels to moor or anchor on or adjacent to such structures.
C. 
When issuing permits under Subsection B of this section, the Board shall consider:
(1) 
The distance into the water of any wharf or pier or materials, including vessels, and their proximity to the City water intake pipes;
(2) 
The effects of the present and proposed uses of the waters and the issuance of such permits on marine life, wildlife, conservation, water pollution, erosion, and navigated hazards;
(3) 
The effects of the proposed locations of any such mooring piles, floating wharves, buoys, and anchors, or of permits issued for boats mooring or anchoring in or near such structures owned or constructed by the City, as it relates to the use of the waters regarding congestion in the waters, or the effects of the proposed use of the waters on the riparian property owners;
(4) 
Ensuring that the improvements or permits granted do not render navigation too close and confined area as it relates to the prevention of unsanitary conditions, safety to other marine vessels, and the potential introduction of contamination of or the ability to draw waters from the Susquehanna River into the City's water supply.
D. 
Exemptions or limitations on jurisdiction.
(1) 
This section does not affect the zoning power of the municipality.
(2) 
This section is not intended to deprive a riparian owner of any use, right or privilege associated with riparian ownership of land, or any waterway improvement which was lawfully installed or placed at a fixed location on the date on which this section took effect at such location without interruption.
(3) 
This section does not prohibit the placement of private mooring buoys or anchors outside of the municipal waters of the City of Havre de Grace or those which are not attached to or placed near the water supply intake pipes.
A. 
The Board of Port Wardens shall meet as necessary to accomplish the purpose set forth in § 25-85 of this article.
B. 
The Board of Port Wardens shall deliver a written report to the Mayor and City Council annually which shall contain the minutes of any meetings held, the results of any actions taken, and recommendations for further legislative or regulatory changes.
A. 
Any person found in violation of this article by the Board of Port Wardens shall be guilty of a municipal infraction and shall immediately cause the removal of such vessel or structure. Mooring and docking are governed and enforced by the Department of Natural Resources and the United States Coast Guard. In addition, if applicable, any person found in violation may also be subject to those fines and penalties established by City Code § 198-21.
B. 
Any person aggrieved by a decision of the Board of Port Wardens may appeal the decision to the Circuit Court for Harford County.
A. 
This article is not intended to nullify the regulatory powers of any other governmental agencies, including but not limited to, the United States Army Corps of Engineers, the Department of Natural Resources of the State of Maryland, and the United States Coast Guard.
B. 
If a court of competent jurisdiction declares any provision of this article ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of the article shall continue to be of full force and effect.