[HISTORY: Adopted by the Town of Kennebunkport 7-10-1971; as amended through 6-10-2014. Subsequent amendments noted where applicable.]
The purpose of this chapter is to provide for the just and orderly
operation of marine activities on the Kennebunk River.
This chapter is adopted pursuant to 38 M.R.S.A. § 1
et seq. and the Home Rule Provisions of the Maine Constitution.
Where there is conflict between this chapter and any other federal,
state, or local law, statute, regulation, rule or ordinance, the more
restrictive provisions shall apply.
After public hearing by the Board of Selectmen, this chapter
may be amended at an Annual or Special Town Meeting.
A.
The River Committee established by the Interlocal Agreement among
Kennebunkport and Kennebunk shall be responsible for all Kennebunk
River harbor activities as set forth in the Agreement, this chapter
and as otherwise required by law.
B.
The River Committee shall have the authority to establish and collect
fees for moorings and harbor usage. Such fees must be reasonably related
to the cost of maintaining and regulating the Kennebunk River Harbor
and may include a charge to establish a capital reserve account for
harbor dredging. However, before any such fees may be imposed, the
River Committee shall hold a public hearing preceded by at least 10
days' notice in a newspaper of general circulation in Kennebunkport.
The initial fees must also be approved by the Board of Selectmen before
becoming effective; thereafter, the River Committee may adopt amendments
pursuant to the same procedure, provided the Board of Selectmen may
veto any changes within 14 days of adoption by the River Committee.
C.
The River Committee is only authorized to spend such monies as are
appropriated by Town Meeting.
[Amended 12-30-2020]
A.
The Harbor Master for the Kennebunk River is appointed annually by
the Boards of Selectmen of Kennebunk and Kennebunkport. Certain duties
and responsibilities of the Harbor Master's office are prescribed
by Title 38 M.R.S.A. The Harbor Master's additional duties include
administering and enforcing the provisions of this chapter with the
authority granted by law and through his appointment as Harbor Master.
The Boards of Selectmen of Kennebunk and Kennebunkport shall jointly
determine which Town will employ the Harbor Master ("Employing Town")
for purposes of compensation and employment benefits. The Harbor Master
may be employed by either the Town of Kennebunk or the Town of Kennebunkport,
but the Harbor Master shall not be a joint employee of both the Town
of Kennebunk and the Town of Kennebunkport. Nothing herein shall preclude
the Boards of Selectmen of Kennebunk and Kennebunkport from jointly
redesignating the Harbor Master's employment status as an employee
of either the Town of Kennebunk or the Town of Kennebunkport. The
employing town shall be responsible for daily oversight, annual job
performance review, and discipline of the Harbor Master. The employing
town may charge a pro rata share for expenses relating to the Harbor
Master's employment to the non-employing town. The Harbor Master
shall provide reports to the River Committee regarding management
of the portion of the Kennebunk River that falls within the Harbor
Master's jurisdiction.
B.
The Harbor Master may utilize the Town office and the Kennebunk River
Committee for assistance in the administrative aspects of his responsibilities.
A.
Kennebunk River. For the purposes hereof (and the area regulated
hereby) the "Kennebunk River" is defined as all portions of said river
within this municipality which extend and run generally southerly
from the prolongation southerly of the Kennebunkport and Arundel town
boundary at Goff Brook, including all waters to the high tide levels
thereof, extending to a line drawn between the extreme offshore limits
of the jetties at the mouth of said River.
B.
Kennebunk River Channel.
(1)
For the purposes of this chapter, the "federally designated portion"
of the channel, so called, of the Kennebunk River is defined as follows:
The entrance of the Kennebunk River Channel is 100 feet wide
and runs from the mouth of the river to a point beyond the Kennebunkport
Marina, where it narrows to 75 feet in width. Thence it extends northerly,
continuing at a width of 75 feet, terminating at a line, the end-point
coordinates of which are N191412.53, E417265.28 and N191445.83, E417332.48
(NAD 1927, State Plane, Feet). All of said federally designated channel
is as depicted on plans encaptioned "Kennebunk River, Maine-Maintenance
Dredging," dated July 19, 1984, bearing drawing number 2226, consisting
of two sheets, the same being incorporated herein by reference. The
northerly limit of the federal channel was established by US Public
Law 104-33, October 12, 1996, which amended the above-referenced plans
of 1984.
(2)
The "locally designated channel," so called, of the Kennebunk River
is defined as follows:
A fifty-foot-wide locally designated channel, beginning at the
northerly limit of the federally designated channel and extending
northward approximately 758 feet; thence a forty-foot-wide locally
designated channel beginning at the end of the fifty-foot-wide locally
designated channel and extending northerly approximately 312 feet
to the Mathew J. Lanigan Bridge. All of said locally designated channel
is as depicted on a plan encaptioned "Kennebunk River Locally Designated
Channel," dated August 26, 2004, and prepared by the Southern Maine
Regional Planning Commission, the same being incorporated herein by
reference.
A.
Prudent operation of vessels. Vessels shall be operated on the Kennebunk
River in a reasonable manner so as not to endanger persons or property
or to cause excessive wash. In no case shall speeds exceed five knots
while operating on any portion of the Kennebunk River south of the
aforementioned railroad bridge.
B.
Government Wharf.
(1)
The intended use of the floats and the facilities of Government Wharf
is solely for the loading and unloading of vessels, for the dockage
of skiffs used by owners of vessels, and for such other uses as are
specifically authorized by the Board of Selectmen.
(2)
No vessel may be left unattended on the westerly face of the floats
or at Government Wharf for a period of more than 1/4 hour, in no event
shall any vessel not using said facilities for loading and unloading
remain thereat when any other vessel requires the use of said facilities
for such purposes, and in no event shall any vessel remain thereat
in excess of four hours; in no event, excepting emergencies, shall
the facilities at Government Wharf be utilized for any purpose other
than loading and unloading without written permission from the Harbor
Master. Boat owners wishing to leave a skiff at Government Wharf on
a regular basis are required to notify the Harbor Master of this intention.
If, in the opinion of the Harbor Master, skiff tie-off space becomes
overcrowded, first priority for space will be accorded to commercial
users.
(3)
Skiffs tied to Government Wharf must be properly maintained, be kept
bailed and must be secured so as to keep Government Wharf clear for
operations and not interfere with vessels landing and departing.
(4)
Users of Government Wharf are responsible for properly cleaning up
any spillage or untidiness resulting from their operations.
C.
Traps in the river. No operation of fixed traps of any kind will
be allowed in the Kennebunk River southerly of the railroad bridge.
Storage cages shall be permitted if attached to a vessel or to a vessel's
mooring.
D.
Record of moorings.
(1)
The Harbor Master shall maintain a written record of the basic information
on each mooring, including assigned location, identifying number,
vessel description, owner, mooring specifications and details and
any additional data deemed useful.
(2)
The Harbor Master shall maintain the aforementioned plans of the
channel and a chart of the harbor showing current mooring location
assignments.
(3)
Each mooring location will be assigned an identifying number which
must be marked in a legible fashion on the marker buoy or log in at
least three-inch numerals.
E.
Mooring authorizations.
(1)
No mooring shall be permitted, and no mooring shall be placed, utilized
or allowed without written authorization from the Harbor Master for
the mooring of a specific vessel therein. Each day that a mooring
remains in place or is utilized in violation of this subsection shall
be deemed a separate violation hereof.
(2)
The Harbor Master shall have the authority to determine the total
number of allowed moorings based on available mooring sites. The Harbor
Master may consult with the Kennebunk River Committee and any other
appropriate authority to determine mooring areas and their capacity.
Commercial moorings shall comprise at least 50% of the total number
of mooring sites within the Kennebunk River. If an existing commercial
mooring becomes available within the Kennebunk River, it may not be
assigned for use as a recreational or transient mooring if such assignment
would cause the number of commercial moorings to constitute less than
50% of the total number of available mooring sites within the Kennebunk
River.
(3)
The Harbor Master may change the location of assigned mooring sites
when the crowded condition of the river, the need to conform with
38 M.R.S.A. §§ 3 and 7-A, or other conditions render
the change desirable.
(4)
The Harbor Master shall have absolute authority over all moorings
and mooring locations in accordance with the terms of this chapter
and the laws of the State of Maine.
(5)
Any mooring location which is not utilized by the holder of the mooring
authorization therefor, or by an assignee approved by the Harbor Master,
for a term of 30 consecutive days during the months of June, July
and August of any year shall be declared vacant and shall thereupon
be available for reassignment by the Harbor Master except where the
holder of the mooring has sent advance written notice to the Harbor
Master showing good cause.
(6)
No vessel greater than 40 feet shall be assigned a mooring space,
except that should there be space available outside of the federally
designated channel a commercial vessel of up to 44 feet may be eligible
for a mooring, provided that it does not conflict with any existing
moorings and/or create any hazards or obstructions to navigation.
F.
Mooring precedence for mooring locations.
(1)
The rules contained in this subsection are intended to comply with
the requirements of 38 M.R.S.A. §§ 3, 7-A, 8 and 11.
(2)
The Harbor Master shall maintain a chronological list, according
to the date and time, of all vessel owners requesting mooring location
assignment or reassignment to a new location.
(3)
Except as otherwise required by law, the Harbor Master shall assign
spaces as they become available from the waiting list in accordance
with the following priority guidelines:
(a)
To shorefront owners who request for one mooring location immediately
adjacent to frontage, and who have no other current shorefront moorings,
so long as the assignment of such a mooring is practicable and so
long as neither the mooring nor any vessel tied to the mooring encroaches
upon the federal navigation channels or anchorages or upon the natural
channels established by the Board of Selectmen. The assignment of
a mooring site under this priority guideline shall not prevent the
shorefront owner from receiving additional mooring assignments under
the allocation system for other moorings set forth in this chapter.
Under this provision, a "shorefront owner" is an owner of shore rights
of at least 100 contiguous feet of frontage.
(b)
To resident commercial vessel owners, unless less than 10% of
the moorings are currently assigned to nonresident commercial owners,
in which case the next mooring available shall be assigned to the
first nonresident commercial vessel owner on the list.
(c)
To resident pleasure vessel owners, unless less than 10% of
the moorings are currently assigned to nonresident pleasure vessel
owners, in which case the next mooring available shall be assigned
to the first nonresident pleasure vessel owner on the list.
(d)
To nonresident commercial vessel owners.
(e)
To nonresident pleasure vessel owners.
(f)
A dedicated continuous run at the end of the Kennebunk River
adjacent to Government Wharf running northerly shall be kept specifically
for commercial fishing vessels only (Exhibit A).[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
(4)
Future mooring assignments will be on an as-available basis in accordance
with the chronological listing of requests and the foregoing priority
guidelines. These priority guidelines shall not apply to the assignment
of moorings located within the area dredged pursuant to the Kennebunk
River Federal Navigation Project, as delineated by the US Army Corps
of Engineers, also defined as the "Kennebunk River Channel."
G.
Special rules for federal anchorage areas.
(1)
The following provisions are intended to comply with the requirements
of the US Army Corps of Engineers for federal anchorages and thus
shall apply only to the following portion of the Kennebunk River over
which the Harbor Master has control: the area dredged pursuant to
the Kennebunk River Federal Navigation project, as delineated by the
US Army Corps of Engineers. Within the area described above (and only
within this area) the following rules shall apply:
(a)
The priority guidelines under § 80-8F, Mooring precedence for mooring locations, in this chapter shall not apply and the Harbor Master shall assign mooring spaces as they become available, from a chronological waiting list, without regard to residency of the applicant.
(b)
No priority shall be given to residents if skiff tie-off space
becomes overcrowded.
(2)
Nothing in this subsection shall be construed to prohibit the Harbor
Master from giving priority to commercial fishing vessel owners in
mooring location and skiff tie-off space.
H.
Channel to remain free of obstructions. The Harbor Master shall be
empowered to ensure that the Kennebunk River Channel shall remain
navigable and free of obstructions.
A.
Violation of any of the provisions of this chapter shall be deemed
a civil violation. They are enforceable by the Harbor Master or any
other law enforcement officer with jurisdiction in Kennebunkport or
upon the waters of the Kennebunk River by an action in the form of
a civil infraction in Maine District Court, District Ten, Division
of Eastern York, Biddeford; upon determination by said Court on a
violation that occurred, the violator shall be fined not more than
$250 for each violation; each day a continuing violation exists is
a separate violation of the provisions hereof. All fines collected
hereunder shall inure to the Harbor Committee budget.
B.
Penalties for violations of the laws of Maine with regard to speed
restrictions, reckless operation of a vessel, operation of a vessel
while under the influence of liquor or drugs and all other violations
of state statute shall be as otherwise provided by law.
C.
If the Harbor Master incurs costs in the conduct of his duty as a
direct result of the failure of a vessel owner or operator to comply
with this chapter or the statutes of the State of Maine, the Harbor
Master may recover those costs and reasonable remuneration for his
time by filing a civil complaint against such owner or operator in
the Maine District Court, District Ten, Division of Eastern York,
Biddeford.
As used in this chapter, the following terms shall have the
meanings indicated:
Commercial fishing is defined as fishing in which the fish
harvested, either in whole or in part, is intended to enter commerce
or enter commerce through sale, barter, or trade.
[Amended 11-8-2022[1]]
A vessel that is primarily used for commercial fishing.
[Amended 11-8-2022]
Includes boats of all sizes powered by sail, machinery or
hand, scows, dredges, lobster, crab and shellfish cars, and craft
of any kind.
[1]
Editor's Note: Former definition, Commercial Fishing Vessel,
which immediately followed, was also repealed by this legislation.
If any provision or clause of this chapter or application thereof
to any person, persons or circumstances is held invalid, such invalidity
shall not offset other provisions or applications of the chapter which
can be given effect without the invalid provision or application,
and to this end, provisions of this chapter are declared to be separable.
Additional laws relating to boating are contained in M.R.S.A.
Titles 12, 17 and 38 and the Department of Marine Resources laws and
regulations.
