Town of Ogunquit, ME Chapter 91 Harbor and Watercraft

[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.]

§ 91-1 Title, purpose; definitions.

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. 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.

COMMERCIAL FISHING

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.

COMMERCIAL MOORING

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]

COMMERCIAL TOURS

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]

EMERGENCY AND PUBLIC SERVICES PERSONNEL

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.

FLOAT

Any structure or device normally used as a point of transfer for passengers or goods, or for the temporary or continuous attachment of watercraft.

HARBORMASTER

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.

MOORING

A device, which is not carried aboard the watercraft, to which a watercraft is attached, and which is left permanently in place.

(1) 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]

MOORING WAITING LIST

A list of all applicants for mooring privileges.

[Amended 6-14-2011 ATM]

MUNICIPAL OFFICERS

The Select Board of the Town of Ogunquit.

MUNICIPAL RESIDENT

A person who occupies a dwelling within the municipality for more than 180 days in a calendar year.

MUNICIPAL TAXPAYER

A real estate property tax paying owner in the municipality.

MUNICIPALITY

The Town of Ogunquit, Maine.

WATERCRAFT

Any type of vessel, boat or craft used, or capable of being used, as a means of transportation on water other than a seaplane.

WINTER MOORING

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.

§ 91-2 Administration and enforcement.

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.

§ 91-3 General regulations.

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.

§ 91-4 Watercraft regulations.

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]

§ 91-5 Float regulations; docking fees.

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]

[1] Editor's Note: Original Title VIII, Ch. 5, Secs. 502 and 502.1, of the 1980 Code, regarding docking fees, which immediately followed this subsection, were repealed 6-8-2021 ATM by Art. 9.

§ 91-6 Public boat ways regulations.

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) Winter storage.

(2) Ways use fees.

(3) Winch fees.

[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.

§ 91-7 Mooring regulations.

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]

§ 91-8 Violations and penalties.

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.

§ 91-9 Appeals.

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.

§ 91-10 Severability; repealer; amendments.

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.