[HISTORY: Adopted by the Town of Ogunquit 11-4-1992 (Title VIII of the 1980 Code), as amended
through 6-15-2010. Amendments
noted where applicable.]
A.
Title; authority. This chapter, prepared in accordance with the provision
of 30-A M.R.S.A. § 3002, as amended, and 38 M.R.S.A. § 7,
as amended, shall be known as and may be cited as the "Harbor and
Watercraft Ordinance of Ogunquit, Maine" and shall be referred to
herein as "this chapter." This chapter shall be subordinate to such
United States (federal) and State of Maine (state) laws as may govern
matter described herein.
B.
Purpose. The purpose of this chapter is to regulate the marine activities
within the harbor, known as Perkins Cove, and the waters therein.
It is intended to ensure the safety of persons and property, to promote
availability and use of public resources and to create a fair and
efficient framework for the administration of those resources.
C.
COMMERCIAL FISHING
COMMERCIAL MOORING
COMMERCIAL TOURS
EMERGENCY AND PUBLIC SERVICES PERSONNEL
FLOAT
HARBORMASTER
MOORING
(1)
MOORING WAITING LIST
MUNICIPAL OFFICERS
MUNICIPAL RESIDENT
MUNICIPAL TAXPAYER
MUNICIPALITY
WATERCRAFT
WINTER MOORING
Definitions. For purposes of this chapter, the following definitions
shall be observed in the construction of this chapter. All terms,
not specifically defined herein, shall have their customary or ordinary
meanings. Words used in the present tense shall include the future
and the plural shall include the singular.
A watercraft used in attempting to catch fish or other marine
animals or organisms with the intent of disposing of them for profit
or trade in commercial channels, or charter boat fishing where the
vessel is used for carrying sport anglers to available fishing grounds,
and shall exclude watercraft used for subsistence fishing for personal
use and watercraft used for personal or noncommercial sport fishing.
A mooring where the mooring holder must demonstrate commercial
activity takes place a majority of the time the vessel is being used.
[Amended 6-14-2011 ATM]
Watercraft used for sightseeing and recreational tours and
shall include whale watching, sunset cruisers, cocktail cruises and
day trips for sailing; provided, however, that all such watercraft
shall work at least 60 calendar days out of Perkins Cove.
[Amended 4-3-2000 ATM]
Includes personnel from the municipality's Fire and Police
Departments, rescue service, the municipality's Public Works Department,
as well as personnel from public utility districts, agencies and corporations.
Any structure or device normally used as a point of transfer
for passengers or goods, or for the temporary or continuous attachment
of watercraft.
That municipal official so designated in accordance with the provisions of 38 M.R.S.A. § 1, as amended, and § 91-2 of this chapter.
A device, which is not carried aboard the watercraft, to
which a watercraft is attached, and which is left permanently in place.
Mooring shall be attached to the bow of the boat and in the
center of the stern either by a ringbolt, cleat, bridle or anything
else that will affix it to the center of the stern.
[Amended 6-6-1995 Select Board]
A list of all applicants for mooring privileges.
[Amended 6-14-2011 ATM]
The Select Board of the Town of Ogunquit.
A person who occupies a dwelling within the municipality
for more than 180 days in a calendar year.
A real estate property tax paying owner in the municipality.
The Town of Ogunquit, Maine.
Any type of vessel, boat or craft used, or capable of being
used, as a means of transportation on water other than a seaplane.
The full-time use of a mooring during the period from October
1 of any given year to April 1 of the following year, depending on
availability.
The administration and enforcement of this chapter rests with
the Harbormaster or, in his or her absence, a Deputy Harbormaster,
who shall be annually appointed by and serve at the pleasure of the
Harbormaster and whose term of office shall be concurrent with that
of the Harbormaster. All users of municipal floats, public boat ways,
footbridges, and the waters within Perkins Cove shall be subject to
and governed by the following controls and regulations:
A.
The Harbormaster shall have those powers and authorities as may generally
be provided for in 38 M.R.S.A. §§ 2 through and including
7, as amended, and such rules and regulations as may be herein enacted
by the Municipal Officers in accordance with the provisions of 38
M.R.S.A. § 7, as amended.
B.
The Harbormaster shall be appointed annually by the Town Manager
for a term of one year, the term to expire immediately following the
Annual Town Meeting. The Harbormaster may be removed for cause by
the Municipal Officers pursuant to the procedures outlined in 30-A
M.R.S.A. § 2633, as amended.
C.
Unless the individual appointed as Harbormaster shall also be trained
and separately designated as a police officer by the municipality's
Police Department, he or she shall not officially carry a weapon or
have authority to make arrests.
D.
The Harbormaster shall have jurisdiction over all watercraft which
may enter Perkins Cove.
E.
The Harbormaster shall direct, supervise and control the anchoring
and mooring of all watercraft within Perkins Cove.
F.
The Harbormaster shall enforce those marine safety rules and regulations
based upon the guidelines established by the U.S. Coast Guard, power
squadrons and other federal, state or locally recognized authorities.
G.
The Harbormaster shall maintain a current mooring waiting list of
all applicants for mooring privileges.
For the purpose of this chapter, the following general regulations
shall be observed:
A.
Any person using the waters of Perkins Cove shall assume all risks
of damage or loss to his or her property as a result of fire, theft,
natural or unnatural disasters, or any act attributable to the supernatural.
The municipality will assume no such liability.
B.
Swimming is prohibited at all times within the confines of Perkins
Cove. Diving or jumping off municipal floats, ladders, watercraft,
the Perkins Cove footbridge, the cove bulkheads and the shore of Perkins
Cove is prohibited.
C.
No dogs, either on leash or roaming at large, shall be permitted
upon the municipal floats at any time except to immediately board
or depart a watercraft. An exception to this rule is made for those
dogs designated for personal assistance in company with visually or
hearing handicapped individuals.
D.
Any littering of municipal floats, the footbridge, or the waters
of Perkins Cove shall be addressed in accordance with the provisions
of 17 M.R.S.A. §§ 2264-A, 2264-B and 2264-C, as amended.
[Amended 6-8-2021 ATM by Art.
9]
E.
No bait, fish offal, or like waste shall be dumped upon the floats,
shoreline or waters of Perkins Cove.
F.
No person may place or cause to be placed any obstructions within
any portion of Perkins Cove. Obstructions include, but are not limited
to, improperly or illegally anchored watercraft, gear or traps of
any nature, and such other items as may impede or restrict the lawful
use of the waters of Perkins Cove.
For the purpose of this chapter, the following watercraft regulations
shall be observed:
A.
Because of safety, the maximum length of a watercraft allowed in
Perkins Cove shall be 42 feet, as determined in linear feet based
upon a measurement from the rearmost part of the watercraft's transom
to the most forward part of the bowstem, excluding the bowsprit and/or
the pulpit. This measurement must be confirmed by the Harbormaster.
B.
The maximum beam, or width, of the watercraft allowed in Perkins
Cove shall be 16 feet at its widest part. This measurement must be
confirmed by the Harbormaster.
[Amended 6-13-2023 ATM by Art. 7]
C.
Replacement watercraft shall be subject to the same physical limitations as those cited in Subsections A and B. Any change in the length (size) of a watercraft must be requested, in writing, and approved by the Harbormaster. In the event that the request to go from a small boat mooring to a large boat mooring is approved, the mooring holder will be placed on the mooring list, according to the rules.
[Amended 8-13-1996 ATM]
D.
Tenders, dinghies, punts, skiffs and/or other like watercraft shall
not exceed 12 feet in length, nor more than four feet in beam or width.
The Harbormaster shall confirm such dimensions.
E.
No person may drive or operate a watercraft within the entrance/exit
channel or within the inner harbor of Perkins Cove at a rate of speed
that will produce a wash or wake from the watercraft which will unduly
disturb other watercraft therein, and in no instance shall watercraft
exceed a limit of five miles per hour, except that this speed limit
may be exceeded by watercraft entering or departing Perkins Cove in
response to a water rescue emergency or when the Harbormaster or,
in his absence, a state or local police officer shall determine that
watercraft must depart the cove in response to an emergency in the
cove, such as fire or fuel spill, or other such potential disaster.
F.
A person is guilty of operating a motorboat without a muffler if
he operates a motorboat that is not equipped at all times with an
effective and suitable muffling device on its engine or engines to
effectively deaden or muffle the noise of the exhaust.
[Amended 6-6-1995 Select
Board]
G.
No person may use a watercraft anchored, moored or otherwise situated
within Perkins Cove as a dwelling place, domicile or living space.
H.
Persons may, with permission from the Harbormaster and after payment
of an annual registration fee at the Town office of such amounts that
may be determined by the Select Board, tie a rowboat, skiff tender,
dinghy, punt and/or other such watercraft to the bulkhead side of
the lower dock for the period from June 1 to September 1, as long
as such watercraft conforms with all other requirements for such watercraft
contained in this chapter.
[Amended 4-5-2003 ATM]
I.
Mooring leaseholder shall be required to secure his/her vessel with
bow and stern storm lines whenever the forecast for wind exceeds 35
knots out of any easterly quadrant for a minimum of 12 hours.
[Amended 6-14-2011 ATM]
A.
For the purpose of this chapter, the following float regulations
shall be observed:
(1)
Except for emergencies, as defined in § 91-4E, or when approved by the Harbormaster, no watercraft shall be tied alongside any municipal float for more than 30 minutes at any one time, except that commercial watercraft having an assigned mooring are allowed a maximum of 45 minutes before departing and a maximum of 45 minutes upon return. Upon violation of this regulation, the watercraft will be subject to a fine of $50. The Harbormaster may extend these time limits for watercraft repairs.
[Amended 4-7-1998 Select Board]
(a)
Any dockage shall be, for mooring holders only, inside the drawbridge,
and visiting boats shall be allowed to dock outside the drawbridge
only. Violations of this subsection shall be subject to a fine of
$50.
[Amended 6-15-1999 Select Board]
(2)
No barrels, boxes, gear, equipment, pots, traps or like items shall
be placed or left upon any float for a period of time longer than
necessary to load or unload a watercraft.
(3)
No fish or lobster bait shall be placed or left upon any float or
adjacent public property except to immediately deliver to a watercraft
that is prepared to accept such delivery.
(4)
Should any person violate the provisions of Subsection A(2) and/or (3) above, the Harbormaster is hereby authorized to remove or have any such items removed, any cost of which shall be borne by the offending party(ies). Should the Harbormaster remove or cause such items to be removed, he or she shall safeguard the confiscated items and make an effort to notify the owner(s) after the fact.
(5)
In those instances when a coastal storm threatens the municipality
and therefore public activities upon and around any and all public
floats might result in personal injury or loss of life, the Harbormaster
shall have full authority to have the floats removed and/or secured
from public access until the storm subsides and the Harbormaster deems
the floats safe for public use. Exceptions to these restrictions may
include emergency and public service personnel.[1]
For the purpose of this chapter, the following public boat ways
regulations shall be observed:
A.
Vehicle parking upon or at the approaches to the public boat ways
is prohibited.
B.
No watercraft may be placed and left upon the boat ways for more
than 48 consecutive hours without first obtaining special permission
from the Municipal Officers.
C.
As a means of defraying costs for the administration of this chapter
and the maintenance of the ways, service fees for the use of the ways
shall be charged for the following services. Such fees shall be set
by the Municipal Officers from time to time, after notice and hearing,
and shall be attached as an appendix to this chapter.[1]
[Amended 6-6-1995 Select Board]
[1]
Editor's Note: See Appendix I, Public Boat Ways Fees, included as an attachment to this chapter.
D.
In those instances when a coastal storm threatens the municipality
and therefore public activities upon or around the public boat ways
might result in personal injury or loss of life, the Harbormaster
shall have full authority to secure the ways and prohibit any public
access or trespass until the storm subsides and the Harbormaster deems
the ways safe for public use. Exceptions to these restrictions may
include emergency and public service personnel.
For the purpose of this chapter, the following mooring regulations
shall be observed:
A.
The mooring and anchoring of all watercraft in Perkins Cove shall be governed, regulated and controlled by the municipality in accordance with the provisions of 38 M.R.S.A. §§ 2 to 9, as amended, and the Local Cooperation Agreement (LCA) between the municipality and the Department of the Army acting through the U.S. Army Corps of Engineers, the same being attached to this chapter as Appendix III. The Municipal Officers only shall establish rules and regulations governing the public use of the waters of Perkins Cove.
B.
The mooring of watercraft shall be restricted to those areas so designated
by the Municipal Officers, in accordance with 38 M.R.S.A. §§ 2
and 3, as amended. All moorings set or placed within the inner harbor
of Perkins Cove, that being upriver or inland of the existing Perkins
Cove footbridge, shall conform to these regulations.
C.
Specific mooring sites shall be assigned by the Harbormaster.
D.
The physical site of each mooring and the material, such as line,
chain, fasteners, and other like items, must be approved by the Harbormaster
prior to the installation and mooring of any watercraft. Compliance
with such mooring specifications does not guarantee the safety of
the mooring nor does it create any liability on the part of the Harbormaster
or the municipality.
E.
As of June 1, 1996, boats of permanent mooring holders equipped with
tuna stands longer than 10 feet must have a means of retraction. If
there is a complaint to the Harbormaster, the stand must be retracted
when in the waters of Perkins Cove.
[Amended 6-6-1995 Select Board]
F.
Only a single watercraft may be tied to a single mooring at any one time. Should the mooring holder wish to replace his or her watercraft, the replacement must comply with the pertinent size regulations cited in § 91-4 of this chapter and must have the Harbormaster's written approval of the replacement prior to its being moored or anchored in Perkins Cove.
G.
Each mooring is allowed one nonmotorized tender or dinghy, which
shall have the owner's name placed thereon.
[Amended 6-6-1995 Select Board]
H.
Existing mooring assignment holders shall retain their mooring priority
until such time as a holder fails to pay the required mooring fees,
voluntarily surrenders the mooring, or fails to comply with the mooring
regulations contained within this chapter.
I.
In that instance when a mooring assignment holder sells or otherwise
disposes of his or her watercraft, so long as the holder's annual
mooring fees are current, he or she shall have a one-year grace period
in which to replace the watercraft with one that likewise meets the
size limitations dictated by this chapter. After a year's grace period,
if the same watercraft or one of similar size is not placed back on
the leased mooring by June 1 of the next year, the mooring will become
forfeited and open to the mooring waiting list applicant.
[Amended 6-15-1999 Select Board]
J.
There shall be two mooring waiting lists: small boat (25 feet or
less) and large boat (26 feet or greater). Within each list there
shall be two categories: commercial and noncommercial. Mooring vacancies
shall be filled from the appropriate mooring waiting list on a first-come,
first-serve basis, based on filing date of the application(s).
[Amended 6-4-2011 ATM]
(1)
Upon refusal of an offered mooring, an applicant who wishes to remain
on the mooring waiting list will be required to pay another filing
fee and will have his/her name placed at the bottom of the appropriate
mooring waiting list.
(2)
To upgrade from a small boat mooring to a large boat mooring, the
applicant's name will be placed at the bottom of the large boat mooring
waiting list.
K.
Mooring assignments shall be available in the following priorities:
commercial and noncommercial/recreation.
[Amended 6-14-2011 ATM]
(1)
Failure to demonstrate commercial activity will result in the loss
of the mooring lease and that mooring loss will be at the discretion
of the Harbormaster and will include a period of time (one year) for
the mooring holder to come into compliance. Any mooring leaseholder
must provide appropriate licenses and business plan, and/or other
documentation sufficient to prove commercial activity, to the Harbormaster,
upon request. Loss of mooring lease may be first appealed to the Harbor
Committee with further appeal made to the Select Board.
(2)
Commercial mooring holders must demonstrate commercial activity every
year for a period of 10 years in order to maintain the mooring lease
and its commercial status.
(3)
After a period of 10 years of proven continuous commercial activity,
the commercial mooring leaseholder may, at his/her discretion, opt
to discontinue commercial mooring activity and still retain the mooring
under a recreational/noncommercial status without the rights and privileges
of a commercial mooring lease.
L.
As a means of defraying costs for the administration of this chapter
and the maintenance of floats, bulkheads, pilings, and other public
structures in, around and associated with Perkins Cove, each mooring
holder shall be charged an annual fee based upon the length of the
moored watercraft in linear feet, each fraction of a foot to be rounded
up to the next foot. It is the responsibility of the mooring holders
to provide proof of ownership of a watercraft assigned to a specific
mooring. Ownership must be proved at the time of application for a
mooring permit. Such fees shall be set from time to time by the Municipal
Officers and shall be attached as an appendix to this chapter.[1]
[Amended 5-6-1997; 4-3-2000]
(1)
Holder or owner of mooring assignment. The holder of each mooring
assignment shall be a single individual, irrespective of whether title
to or ownership in the watercraft is held in joint names or in a corporate
name. In the event that title to or ownership in watercraft is held
by a corporation, partnership or limited liability company, the holder
of the mooring assignment shall be an individual who shall have no
less than a 51% ownership interest in the corporation, partnership
or limited liability company, as the case may be.
(2)
Transfer of commercial mooring assignment; watercraft used exclusively
for commercial fishing or commercial tours. In the event of the death,
retirement or at the request of a mooring assignment holder for watercraft
used for commercial fishing or commercial tours, as defined, the mooring
assignment may be transferred only to a member of the holder's family
and only if the watercraft will continue to be used for commercial
fishing or commercial tours, subject to the one-year grace period
limitation. The term "member of the holder's family" shall mean a
holder's spouse, parent, child or sibling, by birth or by adoption,
including a relation of half-blood.
[1]
Editor's Note: See Appendix II, Mooring and Docking Fees, included as an attachment to this chapter.
M.
Annual mooring bills are mailed in January of each year, payment
due May 31 of that same year. Mooring payments not being made by December
31 of the same year will result in forfeiture of mooring.
[Amended 4-7-1998 Select Board]
N.
Should a mooring holder cause his or her watercraft to be absent
from the assigned mooring for a period of time exceeding 48 consecutive
hours, the mooring holder shall notify the Harbormaster, who then
may offer the mooring for overnight use to a visiting watercraft.
The fees for such temporary accommodations shall be established by
the Municipal Officers and included in the mooring fees appendix.
O.
Winter mooring may be granted to commercial fisherman, at the discretion
of the Harbormaster. Fees for such use shall be established by the
Municipal Officers and shall be included in the mooring fees appendix.
[Amended 6-6-1995 Select Board]
P.
The Harbormaster shall have full authority to shift boats from different
mooring locations within the cove, when deemed necessary.
[Amended 6-14-2011 ATM]
For the purpose of this chapter, violations of the provisions
cited within this chapter shall be addressed as follows:
A.
A person is guilty of failure to obey an order by the Harbormaster
if the person intentionally, knowingly or recklessly fails to obey
a lawful order of a Harbormaster authorized pursuant to this chapter
and 38 M.R.S.A. § 1, as amended. Failure to obey an order
of the Harbormaster is a Class E crime (P.L. 1991, c. 262, Section
2).[1] Violations of this chapter, other than disobeying the
Harbormaster's orders, shall be subject to civil penalties in accordance
with the provisions of 30-A M.R.S.A. § 4452.
[1]
Editor's Note: See 38 M.R.S.A. § 13.
Unless otherwise dictated by Municipal Charter or ordinance,
for the purpose of this chapter, the Municipal Officers shall serve
as an appeals board.
A.
The Municipal Officers shall hear appeals by any person or persons
aggrieved by any decision, act or failure to act of or by the Harbormaster
or his or her assistant.
B.
Any appeal must be submitted, in writing, to the Municipal Officers
within 30 days from the date of the decision, act or failure to act
which is subject to an appeal.
C.
The Municipal Officers shall hear the appeal within 30 days of the
filing of the appeal. The thirty-day period may be only extended an
additional 30 days by the appellant.
D.
The Municipal Officers shall render a written decision within five
days following the completion of all hearings incidental to an appeal.
Such decision shall be mailed to the appellant via certified, first-class
U.S. Mail.
A.
Severability. Severability is intended throughout and within the
provisions of this chapter. Should any provision, including, inter
alia, any exceptions, part(s), phrase(s) or term(s), or the application
thereof to any person or circumstances, be held invalid, the application
of other provisions of this chapter in any and all other respects
shall not be adversely affected.
B.
Supersession. This chapter supersedes and replaces any and all like
or comparable ordinances, policies, or decisions previously enacted
by the Municipal Officers and shall remain in effect until or unless
revoked or superseded by actions of the Municipal Officers.
C.
Amendments. From time to time, circumstances may require that portions
or sections of this chapter be amended, revised or deleted. Such action
may be undertaken by the Municipal Officers following public notification
as prescribed by state statute and/or Municipal Charter.
