[HISTORY: Adopted by the Town of Cumberland 10-10-1989; amended
in its entirety 10-28-2019. Subsequent amendments noted where applicable.]
A.
Purpose. The Coastal Waters Ordinance is established to regulate
marine activities within the coastal and tidal waters of the Town,
to ensure the safety of persons and property, promote availability
and the safety of valuable public resources, and to create a fair
and efficient framework for the administration of the same.
B.
Authority. This chapter is adopted pursuant to the authority granted by Title 38, Chapter 1, of the Maine Revised Statutes Annotated, as amended, and pursuant to the Town's home rule authority under the Constitution of Maine, Article VIII, Part 2, and 30-A M.R.S.A. § 3002, as amended.
C.
Applicability. The provisions of this chapter apply to all coastal
and tidal waters located within the boundaries of the Town.
D.
Conflict. Nothing contained herein may be construed to conflict with
the lawful jurisdiction of the United States government with respect
to the enforcement of navigation, shipping, or anchorage and associated
laws of the United States or any laws or regulations of the State
of Maine.
As used in this chapter, the following terms mean:
A mooring service, including sole proprietorships and other
persons, which has provided an in-force certificate of insurance to
the Harbormaster verifying that the mooring service has a minimum
of $1,000,000 of commercial general liability and lists the Town as
an additional insured.
A personal watercraft that is subject to the same rules as
a kayak in this chapter.
A plan adopted by the Town Council designating the coastal
and tidal waters of the Town and describing and showing the locations
of mooring areas and channels for the passage of watercraft. This
Plan may include mooring plans.
Any type of watercraft used in a business or trade.
A watercraft that is given up by its master or owner with
the intent to never again claim a right or interest in it.
A punt, skiff, tender or similar watercraft, 12 feet or less
in length, used solely as transportation to or from a watercraft on
a mooring.
A small, narrow personal watercraft which is pointed at both
ends and propelled solely by paddle.
A fixed anchor to which a watercraft can be made fast.
A plan adopted by the Town Council as part of the Coastal
and Tidal Waters Plan designating specific locations for moorings
within a mooring area and establishing limits on the numbers of moorings
allowed within a mooring area.
A business engaged in installing and inspecting moorings
using qualified mooring inspectors.
A large buoyant board used for recreation that is generally
propelled by a standing rider using a paddle. A paddleboard is deemed
to be a personal watercraft and subject to the same rules as a kayak
in this chapter.
For persons taking title to shorefront property on or after
January 1, 1987, a lot the area of which is the larger of the minimum
buildable lot size in the Town or 20,000 square feet, but in either
case including 100 feet of shoreline frontage; or
For persons who owned shore rights of at least 100 feet of frontage
prior to January 1, 1987, a lot of any size.
The permit year is from January 1 through December 31.
Includes the singular and plural, and including any individual,
firm or corporation, association, club, partnership or society.
A canoe, kayak or paddleboard.
An approved mooring service that satisfies the Harbormaster
as to its qualifications to inspect the condition and size of a mooring.
Qualifications will be judged by past experience in installing and
inspecting moorings, and familiarity with moorings to include the
size and kind of tackle needed for the safe mooring of different size
vessels.
The sections of the Maine State Archive Manual pertaining
to records generated or controlled by the Town.
A dinghy owned or used by either a mooring holder in the
Broad Cove Reserve mooring field or a transient mooring renter.
A property owner or any person who occupies a dwelling within
the Town for more than 180 days.
A person who owns the shore rights to a parcel of land abutting
the coastal or tidal waters of the Town.
The Town of Cumberland, Maine.
A dinghy owned by the Town of Cumberland and provided for
use by permitted mooring holders in the Broad Cove Reserve mooring
field.
[Added 5-22-2023]
Any type of vessel, boat, barge, float or craft, other than
a seaplane or personal watercraft, used or capable of being used as
a means of transportation on water.
A.
Establishing policy. The Cumberland Coastal Waters Commission exists
for the general purpose of evaluating public usage of and access to
the coastal and tidal waters under the jurisdiction of the Town and
planning for the future use of those waters; to advise the Town Council
on policy matters and proposed regulations concerning the Town's coastal
and tidal waters; to plan and implement improvements in conjunction
with state and federal authorities; to supervise the enforcement of
Town rules and regulations by the Harbormaster; and to sit as a board
of appeals to hear appeals as provided by this chapter from any person
aggrieved by a decision, act, or failure to act of the Harbormaster.
The Commission may recommend to the Town Council a mooring plan for
any area in which moorings are allowed under this chapter. The Commission
will regularly inform the Town Council and other boards, committees,
or officials of the Town of its activities.
B.
Organization.
(1)
The Coastal Waters Commission consists of at least five members appointed
by the Town Council. Each Commissioner must be a resident of the Town
and will serve without compensation.
(2)
Neither a Town Councilor nor their spouse may be a member of the
Commission.
(3)
Any question of whether a particular issue involves a conflict of
interest sufficient to disqualify a member from voting on that issue
will be decided by a majority vote of the members, excluding the member
who is being challenged; in the event of a tie vote on the question
of whether a member should be disqualified from voting on the issue,
the member will be disqualified from voting on the issue.
(4)
The Town Council may dismiss a member of the Commission for cause
before the member's term expires. A Commissioner will forfeit membership
on the Commission for failure to attend three consecutive regular
meetings of the Commission without being excused by the Commission.
The Chairman of the Commission will notify the Town Council Chairman
of the forfeiture of office.
(5)
The term of office of a member is three years, except the initial
appointments which are as follows: two members for three-year terms,
two members for two-year terms, and one member for a one-year term.
(6)
The Commission will annually elect a Chairman and Vice Chairman from
its membership and may create and fill such other offices as it may
determine. Officers will serve one-year terms and are eligible for
reelection.
C.
Procedure.
(1)
The Chairman will call meetings of the Commission. The Chairman will
also call meetings of the Commission when requested to do so by a
majority of the members or by the Town Council. A quorum of the Commission
necessary to conduct an official Commission meeting consists of at
least three members. The Chairman will preside at all meetings of
the Commission and will be the official spokesman of the Commission.
In the absence of the Chairman, the Vice Chairman will assume these
duties.
(2)
The Commission must maintain a permanent record of all Commission
meetings and all correspondence. The Commission is responsible for
maintaining those records which are required as a part of the various
proceedings which may be brought before the Commission. All records
to be maintained or prepared by the Commission are public records
and must be filed in the Town Clerk's office and may be inspected
at reasonable times.
(3)
In any appeal under § 48-11, the following procedures apply:
(a)
The Commission may receive any oral or documentary evidence
but will provide as a matter of policy for the exclusion of irrelevant,
immaterial, or unduly repetitious evidence. Every party has the right
to present their case or defense by oral or documentary evidence,
to submit rebuttal evidence and to conduct any cross-examination required
for a full and true disclosure of the facts;
(b)
The transcript of testimony, if any, and exhibits, together
with all papers and requests filed in the proceeding, constitutes
the record. All decisions become a part of the record and must include
a statement of findings and conclusions, as well as the reasons or
basis therefor, upon all the material issues of fact, law, or discretion
presented in the appropriate order, relief or denial of relief. Notice
of any decision will be mailed or hand-delivered to the petitioner,
any representative or agent, and the Town Council within seven days
of the Commission's decision;
(c)
The Commission may reconsider any decision reached under this
section within 30 days of its decision. The Commission may conduct
additional hearings and receive additional evidence and testimony
as provided in this section; and
A.
The Harbormaster will be appointed by the Town Manager annually.
The Harbormaster's duties and responsibilities are as prescribed by
38 M.R.S.A. § 1 et seq. and by the provisions of this chapter.
The Town Council may establish the Harbormaster's compensation, and
the Harbormaster may be removed for cause in accordance with 38 M.R.S.A.
§ 1.
B.
The Harbormaster will regularly attend the meetings of the Coastal
Waters Commission and inform the Commission of their activities as
well as provide such information as may be requested by the Commission
in the execution of its duties.
[Amended 5-22-2023]
Other than registered dinghies and Town-owned dinghies, all watercraft which tie up to the Broad Cove Reserve floats must be tied to the south or east side of the floats. No person may tie up any watercraft to Town public facilities for more than 30 minutes except with special prior permission from the Harbormaster. The penalty for violating the time limit is prescribed in § 84-12E.
A.
No dinghy may tie up to any Town facility such as a wharf or float
without permission of the Harbormaster, except for those owned by
the Town and used by a mooring holder as described below. All dinghies
will be tied with rope from bow to float, not parallel to the float.
[Amended 5-22-2023]
B.
Any dinghy owned or used by a mooring holder in the Town mooring field must be tied to the north or west side of Broad Cove Reserve floats in an area designated for dinghy dockage. Each dinghy must be clearly marked so that the mooring registration number and owner's name are clearly visible from the floats in letters at least two inches high. Dinghies may be outfitted with an outboard motor of 10 hp or less. A Town-issued registration sticker must be clearly displayed on the outside front third of the dinghy. See § 84-12F and G for the current resident and nonresident registration fee.
[Amended 12-27-2021; 5-22-2023]
C.
No watercraft exceeding 12 feet in length or equipped with an outboard motor exceeding 10 hp may tie up to the north or west side of the Broad Cove Reserve floats. All motors must be stored in the raised position when tied to the floats. The penalty for inappropriately tying to the floats is as prescribed in § 84-12E.
D.
The Town may make dinghies available to registered mooring holders
in the Broad Cove mooring field. Should dinghies be provided, they
must be used only to gain access to the mooring holder's vessel,
and be immediately returned to the wharf and tied up in the designated
docking spot.
[Added 5-22-2023]
E.
The Town may provide facilities at Broad Cove Reserve for the dockage
of dinghies. Such facilities, if provided, will be governed by the
following:
[Added 5-22-2023]
(1)
In permit year 2023, an additional allocation of 10 moorings will
be authorized. These new mooring holders will be entered into a drawing,
and the first five new mooring holders drawn will be permitted to
dock a dinghy at the town facility. The other five new mooring holders
will not be permitted to dock a dinghy.
A.
General. The Town may provide facilities at Broad Cove Reserve for
the storage of personal watercraft. Such storage, if provided, will
be governed by the following:
(1)
Personal watercraft storage space will be awarded to only residents
by an annual lottery managed by the Clerk's office. The lottery
will be held on the first Thursday of April of each year. Notification
must be made by the last Thursday of March of each year to the Clerk's
office, by use of the required process, of the applicant's desire
to be included in the lottery. No more than two individuals from the
same household may apply for storage space. No more than one application
will be awarded storage space during the initial drawing. Should additional
storage space be available after the initial drawing, second applicants
from the same household will be eligible to be awarded storage space
in a second drawing. Personal watercraft storage space is nontransferable
and may not be rented or otherwise assigned.
[Amended 10-26-2020; 5-22-2023]
(2)
No more than two personal watercraft will be stored in each storage
space.
(3)
Applicants awarded storage space must pay the annual fee as specified in § 84-12J. An applicant who does not pay the annual fee within 30 days will forfeit the storage space, and the space will be awarded to the next applicant on the list.
[Amended 12-27-2021]
(4)
Personal watercraft stored at Town facilities are required to display
a current registration sticker along the port side of the kayak or
canoe, or port side or top front of the paddleboard.
(5)
Maximum length for a personal watercraft stored at Town facilities
is 20 feet.
(6)
Personal watercraft owners are responsible for removal by October
1. Failure to timely remove the personal watercraft will result in
the inability to rent during the next calendar year.
(7)
Each owner will ensure that the personal watercraft is reasonably
secured and locked in its assigned rack space and will not pose a
risk to others.
(8)
Each owner will ensure their rack space is clean and tidy at all
times. No property other than two personal watercraft will be stored
in the assigned rack space.
(9)
Personal watercraft stored at Town facilities are stored at the owner's
risk. The Town accepts no responsibility for loss of or damages to
any personal watercraft.
B.
Personal watercraft or dinghy storage for Broad Cove Reserve mooring
holders. The Town may provide facilities at Broad Cove Reserve so
that mooring holders can access their watercraft. Such storage, if
provided, will be governed by the following:
[Added 5-22-2023]
(1)
Up to 10 storage rack spaces may be provided to mooring holders who
are permitted from the wait list.
(2)
Only one personal watercraft or dinghy shall be stored in each rack
space.
(3)
Each personal watercraft or dinghy stored in a rack space shall be identified by a dinghy registration sticker as specified in § 48-6B above.
(5)
No dinghy exceeding 12 feet in length or equipped with an outboard
motor exceeding 10 hp may be stored in the storage rack.
A.
General. No person may place or establish a mooring in the coastal
and tidal waters of the Town except within designated mooring areas
as described in and shown on the Coastal and Tidal Waters Plan; provided,
however, that:
(1)
A riparian owner who is the master or owner of a watercraft may be assigned a mooring fronting their land even though the mooring is not within a mooring area shown on the Plan, so long as the mooring does not encroach upon the natural channel or channels established in the Coastal and Tidal Waters Plan and provided that the riparian owner annually registers the mooring as provided in Subsection B of this section.
(2)
A riparian owner using a mooring or moorings fronting their land but not located within the mooring areas shown and described in the Plan of the Town as of the effective date of this chapter and Plan may be allowed to continue to use up to three such moorings at the same location, so long as the moorings do not encroach upon the natural channel or channels established in the Plan and provided the riparian owner informs the Harbormaster of the mooring location within one year from the effective date of this chapter and annually registers the moorings as provided by Subsection B of this section.
(3)
A property owner with a right-of-way (ROW) to the water is accorded the same rights and restrictions accorded to a riparian owner under Subsection A(1) and (2) above, except that the mooring(s) may be placed as conveniently as possible in front of the ROW and must not interfere with the reasonable placement or moorings allowed for riparian owners. Furthermore, should space be insufficient to meet demands, the number of moorings allowed for a ROW property owner in front of the ROW may be reduced to one.
(4)
The Town may permit a contractor to establish up to two moorings within the mooring field. These moorings are reserved for the contractor's exclusive use from January 1 until June 1 and from October 1 until December 31 for the purpose of tending Town and privately owned floats and moorings. From June 1 until September 30, the Town may use the floats as rental or transient moorings. The annual mooring fee is waived for these floats. The daily rental fee is established at § 84-12C.
B.
Assignment and location of moorings.
(1)
No person may moor a watercraft in any part of the coastal and tidal
waters of the Town without first annually registering the watercraft
and obtaining a mooring assignment specifying the location of the
mooring.
(2)
No owner or master of any watercraft may permit their watercraft
to be docked or moored in such a manner as to obstruct the free passage
of other watercraft going to or from any wharf, pier, or other mooring
in the Town.
(3)
Any mooring assignment in the coastal and tidal waters of the Town
is governed by the following guidelines:
(a)
Application for a mooring must be made by March 15 of each year unless an applicant shows good cause why they could not apply by that date (as, for example, a person who acquires a boat or becomes a resident after March 15). A mooring assignment will be valid until December 31. Any renewal application made after March 15 will be subject to a late fee established by the Town Council and listed in § 84-12G. A person previously holding a mooring permit in the Broad Cove mooring field who fails to renew the mooring by March 15 loses the right to renew and must apply for a new mooring.
(c)
If a person with an assigned mooring changes watercraft during
the permit year, they must submit information regarding the change
to the Harbormaster through approved means for review. If the characteristics
of the mooring (block, chain, pennant) must be modified to accommodate
the new watercraft, the notification should be made in advance of
the change. If the mooring location needs to change, the notification
and Harbormaster approval MUST precede any change. No new fees will
be charged. The Harbormaster should be consulted if there are any
questions.
(d)
Notwithstanding any other provision of this chapter, any person using a mooring located within the mooring areas shown and described in the Plan of the Town as of the effective date of this chapter and Plan will be allowed to continue to use that mooring at the same location, so long as the mooring does not encroach upon the natural channel or channels established in the Plan, and provided that such person informs the Harbormaster of the location of the mooring within one year from the effective date of this chapter and annually registers the mooring as provided by this Subsection B.
(4)
In the event more mooring applications for the Broad Cove Reserve
mooring field are received than there are available spaces, the Harbormaster
may maintain a waiting list of all applicants who have not been assigned
a mooring. Further, if a plan is amended and that revised plan provides
for fewer moorings, the moorings available under the revised plan
must be assigned to persons who had registered moorings at the time
of amendment of the plan under this allocation system, except as otherwise
provided by this chapter. Persons may add their names to the waiting
list using the required process. This procedure must be posted in
the Town Hall, and the waiting list must be a public document under
the Freedom of Access Law. The waiting list must be maintained in
chronological order of application, and any vacant space must be assigned
to the first person on the waiting list, in accordance with the following
priorities:
(a)
A riparian owner who is the owner or master of a watercraft
and who is applying for a mooring assignment must receive the first
vacancy available, and the mooring must be located fronting their
property, provided that such location does not encroach upon the natural
channel or channels established by the Plan. No more than one mooring
may be assigned to any shorefront parcel of land under this priority,
but this limitation may not prevent a riparian owner from receiving
additional mooring assignments under this allocation system.
(b)
A homeowners' association member who has recorded rights to
the shore through a deed, subdivision plan, or homeowners' association
document.
(c)
A property owner with a ROW to the water is accorded the same
rights and restrictions accorded to a riparian owner, except that
the mooring(s) may be placed as conveniently as possible in front
of the ROW and must not interfere with the reasonable placement of
moorings allowed for riparian owners.
(d)
Any other resident or property owner of the Town.
(e)
Any person who does not meet the requirements of Subsection B(4)(a) through (d) above; however, if a waiting list is created, the next vacant space must be assigned to the first nonresident on the waiting list in accordance with the following priority:
[1]
If the principal use of the vessel is noncommercial and less
than 10% of the assigned moorings in the mooring area are currently
assigned to persons fitting this description, then to the first such
person on the waiting list.
[2]
If the principal use of the vessel is commercial and less than
10% of the assigned moorings in the mooring area are currently assigned
to persons fitting this description, then to the first such person
on the waiting list.
[3]
If both nonresident noncommercial and nonresident commercial
assignments are below 10% of the moorings and there are both types
of applicants on the waiting list, the available space must be assigned
to the first applicant in the category that is farthest below 10%.
(5)
The Harbormaster must maintain a record of each mooring assignment,
including the location of assignment as well as the application information
required by this chapter. These records must be retained as required
by the state's records management process.
(6)
Mooring assignments are not transferable, and assignments must not
be rented unless approved by the Harbormaster.
(7)
The Town reserves the right to reassign moorings each year to better
use available space.
C.
Moorings. Moorings must consist of appropriately sized mushroom anchors,
granite blocks, or helix moorings, connected to a surface buoy by
a chain of appropriate size and length for the vessel, depth of water,
and exposure to weather. Concrete blocks, engine blocks, and other
"objects of convenience" are not allowed. The surface float must consist
of a white mooring ball on which the name of the watercraft owner
or master and mooring registration number is painted with at least
three-inch-tall letters and numbers in a contrasting color. A pennant
of suitable diameter and length completes the mooring assembly. Guidance
for selecting the sizes of materials can be obtained from the Town
website or from approved mooring services listed on the Town website.
D.
Inspections.
(1)
An approved mooring service must inspect and be satisfied that each
mooring is in safe condition before it is placed in the mooring area.
(2)
Each mooring must be inspected every two years by a qualified mooring
inspector. A list of qualified mooring inspectors may be obtained
by contacting the Harbormaster. Inspection results must be reported
to the Harbormaster within five working days and all deficiencies
repaired within 30 days of the inspection.
(3)
The Harbormaster will, in accordance with Maine Revised Statutes,
Chapter 5, Section 95-B, Local Government Records, maintain a file
on each mooring, including the dates of inspection and the approved
mooring service that inspected it.
E.
Winter spars. Winter spars cannot be installed before September 15
and must be attached by December 1 each year. They must be removed
and replaced with the white ball by June 1.
F.
Removal of moorings. An owner who discontinues the use of a mooring is responsible for removing the mooring from the marine environment. The Town has the right to remove and dispose of any mooring, including unsafe, abandoned, unregistered, improperly identified and objects of convenience moorings at the owner's expense. The penalty for failing to remove and dispose of any mooring is described in § 84-12H. Disposition of any proceeds from removed moorings is governed by State Abandoned Property Law.
[Amended 12-27-2021]
G.
An applicant receiving a mooring assignment within Broad Cove Reserve, effective on or after May 1, 2017, must install the mooring. Should a mooring not be installed by July 1, the applicant forfeits the mooring and may apply again in three years. A fee must be paid to cover the administrative expense of managing the reassignment process. The reassignment fee is specified in § 84-12D.
H.
Mooring services rules and regulations.
(1)
No person may install or inspect moorings or offer to install or
inspect moorings for hire within the coastal and tidal waters of the
Town without first qualifying the mooring service with the Harbormaster.
(2)
Mooring services operating within the mooring area must adhere to
the following rules:
(b)
A certificate of insurance indicating the coverages detailed in § 48-2 (approved mooring service), must be provided to the Harbormaster annually.
(c)
Approval of the Harbormaster must be obtained at least two working
days prior to setting, hauling out, relocating or adjusting any mooring.
The mooring service must provide the Harbormaster with the location
by GPS coordinates before and after the action for which approval
is sought.
(d)
Moorings for which the service is responsible must be adjusted
within two days after notification by the Harbormaster.
(e)
All new moorings must be registered and pass a complete mooring
inspection prior to use.
(f)
Each mooring service must inspect the moorings it services at
least once every two years.
A.
No person may bring into or maintain in the coastal and tidal waters
of the Town any derelict watercraft:
(1)
That had not been home-ported at a Town mooring immediately prior
to such damaged state. The sole exception will be for crew safety.
Upon arrival, the Harbormaster must be immediately notified of the
watercraft's seaworthy status.
(2)
For salvage or abandon any watercraft in the coastal and tidal waters
of the Town.
B.
The Harbormaster must notify the master or owner of a derelict or
abandoned watercraft, that the watercraft must be removed within seven
days. If the master or owner has not removed it within that time,
the Harbormaster is authorized to remove the watercraft at the master's
or owner's expense. However, in the event the Harbormaster determines
the watercraft causes or threatens to cause property damage, pollution,
or is a hazard to navigation, then removal must be by the fastest
means available. The Harbormaster is authorized to remove the watercraft
at the master's or owner's expense.
C.
If any watercraft is polluting, hazardous to navigation, or in danger
of sinking, the Harbormaster may authorize a private contractor to
mitigate the damage to or from the watercraft at the owner's or master's
expense.
D.
The owner or master must pay all reasonable costs associated with
mitigating loss or damages from a derelict, abandoned or sinking watercraft
within 60 days of invoicing. Failure to make full and timely payment
will result in the immediate loss of all mooring privileges and continued
loss for two years after the debt is paid in full.
A.
The Harbormaster is to enforce the provisions of this chapter and of Title 38, Chapter 1, of the Maine Revised Statutes Annotated, as amended. If the Harbormaster finds any provisions of this chapter or statute being violated, the Harbormaster must notify the person responsible for said violation, either verbally or in writing, indicating the nature of the violation or ordering the action necessary to correct it. The Harbormaster must maintain a written record of such notices. In the event the violation causes or threatens to cause property damage, then notification of the violation must be by the fastest means available. In this case, if contact with the mooring or boat owner or corrective action cannot be made within 24 hours after such notice, the Harbormaster is authorized to take whatever corrective action is necessary, the expense and risk for which will be borne by the boat owner.
B.
Violation of any provisions of this chapter is a civil violation.
This chapter is enforceable by the Harbormaster or any law enforcement
officer of the Town, County of Cumberland, or State of Maine with
jurisdiction in the Town. This chapter will be enforced through a
civil action in the District Court, and the Town may seek one or more
of the following: injunctive relief, money damages not exceeding the
sum of $200 for each violation along with attorney fees and costs
pursuant to 30-A M.R.S.A. § 4452, as amended. Each day a
violation exists constitutes a separate violation.
C.
The Harbormaster must terminate the mooring assignments of any person
who violates this chapter two or more times within a permit year.
D.
A person may elect to pay a waiver fine of the minimum penalty specified in § 84-12L in lieu of appearing in court to answer the citation. Such payment must be received by the office of the Town Clerk no later than five business days prior to the assigned court date. Upon receipt of such payment by the Town Clerk, the Harbormaster shall cause the citation to be dismissed.
[Amended 9-13-2021; 12-27-2021]
A.
Any persons aggrieved directly or indirectly by an action or failure
to act of the Harbormaster may appeal such action or failure to act
to the Coastal Waters Commission. In deciding any appeal, the Commission
may hear and approve, with modifications or conditions, or disapprove
the action or failure from which the appeal is made.
B.
Such appeals must be made in writing to the Coastal Waters Commission
within five calendar days of the action or failure to act from which
the appeal is taken. The application must state with specificity the
action or failure to act from which the appeal is taken and the reason
for the appeal. The appeal will be considered by the Coastal Waters
Commission at its next regular meeting.
C.
Any action or failure to act by the Harbormaster concerning the location
of moorings or boats, as a result of which location there is immediate
danger to lives or property, will not be stayed pending appeal.
