[HISTORY: Adopted by the Town of Boothbay
Harbor 5-3-2004 by ATM
Art. 22.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This article also repealed
former Ch. 133, Port Regulations, adopted 3-1-1982 by ATM Art. 50
(Art. 12 of the 1958 Ordinances), as amended.
As used in this chapter, the following terms
shall have the meanings indicated:
Any mooring for which a renewal application and payment have
not been received by August 31.
[Amended 5-4-2024 ATM by Art. 22]
A portable device carried aboard a watercraft that is used
to hold the watercraft in place.
Any dock, pier, wharf, float, floating business, or combination
of such facilities that serves five or more boats and does not collect
fees for moorings.
[Added 6-13-2007 by STM Art. 17]
Those paths designated by this chapter for navigation in
or access to the waters of Boothbay Harbor.
The current permit year is from July 1 through June 30.
Any person appointed by the Harbor Master and confirmed by
the Board of Selectmen under 38 M.R.S.A. § 1.
A small watercraft less than 12 feet in length.
A floating platform affixed to a mooring or otherwise held
in position for use by swimmers, boats, or the storage of equipment,
gear, or supplies.
[Added 6-20-2020 ATM by Art. 22]
A building constructed on a raft or hull that is represented
as a place of business, including but not limited to waterborne hotels,
restaurants, marinas or marina-related businesses.
The person appointed by the Board of Selectmen under 38 M.R.S.A.
§ 1.
Any vessel, other than the pump-out boat, owned or used by
the Town and operated by the Harbor Master or Deputy.
[Amended 5-4-2024 ATM by Art. 22]
The minimum speed necessary to maintain steerage and control
of a moving watercraft.
[Amended 5-4-2024 ATM by Art. 22]
A building constructed on a raft, barge or hull that is used
primarily for single or multifamily habitation; if used for transportation,
this use is secondary.
For the purpose of this chapter, all of the area of water
and shoreline north of a line drawn from the high-water mark on the
south shore of Factory Cove (described or shown by the April 1, 2009,
Assessor’s Tax Maps as the northwestern most property line of
Map No. 5, Lot No. 12) going in a westerly direction, 310 degrees
magnetic, passing through Tumbler Island, and Buoy N8, to a point
at the end of Rock Road, approximately at the Lat-Lon position of
42° 50' 40.4" N, 69° 38' 53.5" W.
[Amended 5-8-2010 by ATM Art. 64]
Any dock, pier, wharf, float, floating business, or combination
of such facilities that serves five or more boats and that has moorings
for the express purpose of rental.
[Added 6-13-2007 by STM Art. 17]
Any appliance used by a watercraft or float for anchoring
purposes and not carried aboard such watercraft or float.
[Amended 6-20-2020 ATM by Art. 22]
Operates a small vessel that pumps out waste holding tanks
of other vessels. Demonstrates other skill and knowledge of all appropriate
maritime safety practices, to include boat and basic pump-out operational
procedures.
[Added 5-4-2024 ATM by Art. 22]
Any person who occupies a dwelling within the Town of Boothbay
Harbor for more than 180 days in a calendar year.
An owner of land with a minimum of 100 feet of shorefront.
All of the tidal waters inside and northerly of Red Nun No.
2 at Juniper Point to Red Nun No. 6, approximately one mile northwesterly
at Cameron Point.
Any type of vessel, boat, barge, float or craft used as a
means of transportation on water other than a seaplane.
A method of storing a boat which involves keeping the boat
in the water at a pier, dock, local marina, or storage yard.
[Added 5-4-2024 ATM by Art. 22]
These regulations shall apply to activities
occurring within or directly affecting the area within the waters
of Boothbay Harbor to the fullest extent permitted by law.
The following channels are hereby designated
in the waters of Boothbay Harbor:
A.
The navigational channel is a fairway 200 feet wide,
more or less, from Buoy R8, located west of Tumbler Island, running
northeasterly toward Buoy FL-G-9, located east of Harbor Island, also
known as McFarland's Island. The navigational channel turns at Buoy
FL-G-9 in a northeast direction toward the spire of the Congregational
Church.
(1)
The eastern limit of the navigational channel is a
line drawn in a southerly direction approximately 208° magnetic
from the center span of the footbridge to the point of intersection
of a line drawn in a westerly direction approximately 280° magnetic
from the Catholic church spire and then southerly to Buoy R8. Buoy
R8 marks the southeast side of the navigational channel.
(2)
The western limit of the navigational channel is a
line drawn in a north-northeast direction from Buoy FL-G-9 to the
spire on the Congregational church. Buoy FL-G-9 marks the northwest
side of the navigational channel.
(3)
The navigational channel terminates 100 feet from
the piers and floats on the shore of Boothbay Harbor.
B.
Access channels are those channels which commence
from the navigational channel and are designated in the mooring maps
of Boothbay Harbor. All access channels will be 100 feet wide unless
otherwise determined and approved by the Port Committee and Harbor
Master.
C.
Two anchorages are hereby designated in the [boundaries
and/or waters] of Boothbay Harbor:
[Amended 5-2-2009 by ATM Art. 81]
(1)
An
area of the harbor south of McFarland Point between McKown Point and
Harbor Island (formally McFarland Island) and shall be bounded by
the following coordinates:
|
NW.
|
SE.
| |
|
L 43 50.892 N
|
L 43 50.736 N
| |
|
L 069 38.263 W
|
L 069 38.113 W
|
|
NE.
|
SW.
| |
|
L 43 50.892 N
|
L 43 50.736 N
| |
|
L 069 38.113 W
|
L 069 38.263 W
|
(2)
An
area in Lewis Cove (on the west shore of Linekin Bay west of Cabbage
Island and southeast of Lobster Cove) shall be bounded by the following
coordinates:
|
NW.
|
SE.
| |
|
L 43 50.705
|
L 43 50.676 N
| |
|
L 069 36.953 W
|
L 069 36.788 W
|
|
NE.
|
SW.
| |
|
L 43 50.775 N
|
L43 50.579 N
| |
|
L 069 36.887
|
L 069 36.845 W
|
A.
Membership: There shall be a Port Committee consisting
of five regular members and a 1st alternate and 2nd alternate member
appointed by the Board of Selectmen from residents of Boothbay Harbor.
The term of each member shall be three years. The Board of Selectmen
is empowered to make appointments of less than three years in order
to stagger the terms of office. At the beginning of each fiscal year
the members shall elect one of the Committee's regular members to
serve as Chairman and one as Vice Chairman to serve one-year terms.
A Secretary shall be appointed to maintain a record of actions taken
by the Committee.
B.
Quorum: No decisions will be made by the Port Committee
unless there is a quorum of three members present. Decisions shall
be made by a majority of the Port Committee members. The Chairman
of the Committee shall appoint the 1st alternate member as a voting
member in the event of the absence or conflict of a regular member
or, in the absence or conflict of the 1st alternate member, the Chairman
shall appoint the 2nd alternate member as a voting member.
C.
Vacancies:
(1)
A vacancy shall occur upon the resignation or death
of any member or when a member fails to attend three consecutive regular
meetings or fails to attend at least 75% of all meetings during the
preceding twelve-month period. The 1st alternate member may, with
majority agreement of the Board of Selectmen, fill a vacancy for the
unexpired term of a regular member. In that case, the 2nd alternate
shall become the 1st alternate for the length remaining in his term
as the 2nd alternate, and the Board of Selectmen may appoint a new
2nd alternate to fill the vacancy for a new three-year term.
(2)
Any member of the Port Committee may be removed for
cause, after notice and hearing, at any time by recommendation of
the Port Committee to the Board of Selectmen.
D.
Powers and duties: The Port Committee shall have the
following powers and duties:
(1)
Advise the Board of Selectmen on harbor-related issues;
(2)
Establish and revise channels and anchorage areas;
(3)
Hear appeals from decisions of the Harbor Master;
(4)
Establish and revise guidelines for mooring hardware;
(5)
Hear concerns of and assist Harbor Master as needed;
and
(6)
Make recommendations concerning port regulations to
the Board of Selectmen.
(7)
Review
all new mooring applications with the Harbor Master.
[Amended 5-2-2009 by ATM Art. 82]
(8)
Establish
and revise guidelines and rules for the safe use and operation of
floats, including, but not limited to, the use of slides, swings,
diving boards, trampolines, and other recreational equipment.
[Added 6-20-2020 ATM by Art. 22]
E.
Conflict of interest: Any question of whether a member
shall be disqualified from discussing and voting on a particular matter
shall be decided by majority vote of the members present except the
member who is being challenged. A member shall recuse himself when
a matter being considered would personally affect the member or one
of his family members.
F.
Appeals: Decisions of the Port Committee may be appealed
to the Board of Appeals.
G.
Rules of procedure: The Committee shall adopt Robert's
Rules of Order or some other rules for the transaction of business,
and the Secretary shall keep a record of its resolutions, transactions,
correspondence, findings, and determinations, with all such records
available to the public for inspection at reasonable times.
H.
Meetings: The Chairman may call at least one regular
meeting of the committee each month.
[Amended 5-8-2010 by ATM Art. 65]
A.
The Board of Selectmen shall annually appoint a Harbor
Master.
B.
The Harbor Master shall have the following powers
and duties:
(1)
To the extent of jurisdiction, enforce any and all
federal, state and local laws, ordinances, codes, rules or regulations
relating to the management and control of Boothbay Harbor's waters,
shores, coastline, floats, docks, piers and footbridge and may seek
input from the Port Committee, Town Manager or Board of Selectmen.
This power also includes, but is not limited to, the management and
enforcement of rules, ordinances or codes relating to fishermen's
use of the Town's Fish Pier and Barrett's Park.
(2)
Upon direction by the Board of Selectmen and successful
completion of the training requirements prescribed in 25 M.R.S.A.
§ 2804-I, make arrests and/or carry a firearm.
(3)
Issue warnings, summonses or citations and appear
in court as needed.
(4)
Approve and control the placement of moorings within
the waters of Boothbay Harbor.
(5)
Process mooring applications and maintain a permanent
record of applications and permits.
(6)
Attend all meetings of the Port Committee.
(7)
Patrol and investigate complaints, disturbances and
reports of violations in, on and around the waters of Boothbay Harbor.
(8)
Assist the boating public and offer advice and opinions
to citizens and the boating public upon request.
(9)
Be responsible for maintenance of the Harbor Master's
patrol boat and equipment.
(10)
Upon request, assist any or all federal, state and
local enforcement agencies or officers with the performance of their
duties.
(11)
Be responsible for hiring, firing, and supervising
the work of any Deputy Harbor Master(s).
A.
New and renewal mooring permit applications must be
filed at the Town Office.
B.
Mooring fees. Upon approval of each new or renewal
mooring permit application, there shall be a fee for an individual
mooring or for a marina mooring, plus any late charges, all as set
by the Board of Selectmen annually from year to year. Nonresident
mooring fees shall be double the amount of resident fees, unless the
applicant pays a boat excise tax or property tax to the Town of Boothbay
Harbor.
(1)
Late fee. Failure to submit a completed renewal mooring
permit application and applicable fees to the Town Office on or before
June 30 will result in a late fee for each mooring. The renewal mooring
permit application will not be processed without full payment of mooring
fee(s) and any applicable late charges. Any mooring for which payment
has not been received by August 31 shall be considered abandoned.
It will then be the responsibility of the owner to remove their hardware
within 30 days after notification.
[Amended 5-4-2024 ATM by Art. 22]
(2)
No applications will be processed until all blanks
are completely filled in and related fees, excise taxes, charges,
or penalties have been paid in full. The Harbor Master shall reject
an application because of insufficient information on the application
form.
C.
Each application must include the following:
D.
The Town office shall be responsible for dating each
application as of the date of receipt and for delivering each application
received to the Harbor Master.
E.
The Harbor Master shall notify an applicant in writing
if an application is not granted. The Harbor Master shall issue mooring
permits, which shall include location instructions and the permit
number, to each applicant of a granted application. Each mooring permit
shall expire June 30.
F.
Each mooring permit holder shall display the permit
number in three-inch black letters and numbers above the two-inch
blue horizontal center line on a white floatation buoy.
G.
Each mooring permit holder shall be responsible for
the procurement, installation and maintenance of the mooring hardware.
The mooring hardware shall be inspected every two years.
H.
The Harbor Master shall maintain a waiting list of
all applicants who have not been assigned a mooring. A copy of the
waiting list will be posted in the Town Office and the Harbor Master's
office. The waiting list will be in chronological order as received
and in accordance with the following priorities:
I.
Notwithstanding the above, the Harbor Master shall
comply with 38 M.R.S.A. § 7-A, as it may be amended from
time to time. A mooring permit used for commercial fishing purposes
may be transferred at the request or death of the assignee only to
a member of the assignee's family and only if the mooring permit will
continue to be used for commercial fishing purposes. For purposes
of this subsection, member of the assignee's family means an assignee's
parent, child or sibling, by birth or by adoption, including a relation
of half blood, or an assignee's spouse.
K.
Abandoned
boats, vessels, wreck, etc.:
[Added 5-8-2010 by ATM Art. 66]
(1)
Abandonment
prohibited. No person shall cause to be abandoned any watercraft or
related equipment or appurtenances on the shores within Boothbay Harbor,
or on the waters of Boothbay Harbor whether on a mooring or at anchor.
Nor shall any person abandon or cause to be abandoned any boat, vessel,
hull, or raft at any of the wharves, docks, or permanent floats within
Boothbay Harbor. No person shall abandon any boat, vessel, hull or
watercraft upon unimproved shoreline, dock, float, mooring or at anchor
except with the express consent and approval of the owner of the dock,
float, mooring, shoreline or in the case of anchored watercraft, the
consent and approval of the Harbor Master.
(2)
Presumption.
Any boat, vessel, hulk or raft left within the confines of the waters
of Boothbay Harbor and which has been unattended for a period of 30
days without the express consent and approval of the owner of the
dock, float, mooring, shoreline or in the case of anchored watercraft,
the consent and approval of the Harbor Master, shall be declared abandoned.
(3)
Disposal.
Property deemed to be abandoned under this section shall be handled
by the Town according to the procedures established in 25 M.R.S.A.
§ 3501.
(4)
Penalty:
as allowed in 38 M.R.S.A. § 12. Each day the violation is
permitted to exist beyond the limits above shall be considered a separate
offense.
(5)
Impounding.
If an abandoned watercraft is deemed to be a nuisance, a threat to
navigation, or a safety hazard, the Harbor Master may impound the
watercraft at a site designated for this purpose. Impounding shall
continue until such time as all procedures pursuant to 25 M.R.S.A.
§ 3501 et seq. have been completed or the owner of the watercraft
has paid all costs involved with the impounding as well as any fines
which have been assessed.
[Amended 5-2-2009 by ATM Art. 83]
The Board of Selectmen shall annually set seasonal
dockage fees for the period October 15 to May 15. In setting the dockage
fees, the Board of Selectmen shall consider the following criteria:
boat length, dockage duration and overall cost of upgrading, maintaining
and supervising the Town's public landings, including Town floats.
These facilities shall not be used for wet storage and will be issued
on a first-come, first-served basis, with Boothbay Harbor resident
commercial fishermen having priority. The Harbor Master shall control
the placement of watercraft at public landings and floats. Each person
granted winter dockage shall be responsible for removal of all snow
and ice from that part of the public landing floats occupied by that
person’s vessel.
A.
No person shall install or cause to be installed any
mooring in Boothbay Harbor in any location not designated by a mooring
permit.
B.
An abandoned mooring shall be removed, after notice
in writing by the Harbor Master, at the owner's expense.
C.
No person shall refuse to obey a lawful order of the
Harbor Master. In addition, a person who intentionally, knowingly
or recklessly fails to obey any lawful order of the Harbor Master
commits a Class E crime.
D.
No person operating an aircraft may land or take off
from the waters of Boothbay Harbor inside a line drawn from the south
end of Clam Rock to the south end of Railroad Point.
E.
No person shall anchor any watercraft in the inner
harbor without the written approval of the Harbor Master.
F.
No person shall anchor any watercraft in any other
location in the Town of Boothbay Harbor so as to obstruct a channel
or the free passage of boats. Regardless of location, anchoring is
limited to two weeks without the written permission of the Harbor
Master.
G.
No person shall deposit, throw, sweep into the waters
of Boothbay Harbor or into waters that flow into the waters of Boothbay
Harbor any substance or liquids containing gas, oil, ashes, dirt,
stones, gravel, mud, logs, planks, or any other substance containing
these pollutants. No person shall dump or dispose of any refuse, gurry,
or garbage upon shorelines or in the waters of the Town of Boothbay
Harbor.
H.
No person shall leave a watercraft tied up to the
Commercial Street Town Landing for over three hours within any twenty-four-hour
period, except for dinghies tied to the inner fingers designated "dinghies
only," without written permission of the Harbor Master.
I.
Restricted areas.
(1)
No person shall leave a watercraft tied up on the
south and east sides of the Footbridge Town Float for over three hours
without written approval from the Harbor Master. Only the north side
of the Footbridge Town Float shall be used for dinghy tie-up. No watercraft
other than dinghies shall be tied to the Footbridge Town Float between
sunset and sunrise, except for winter dockage.
(2)
No person shall leave a watercraft for purposes other
than landing, loading or unloading in the 40 feet marked off on the
southerly side of the Commercial Street Town Float designated "No
tying, for loading and unloading only." In addition, no person shall
leave a watercraft tied up to the remaining areas of the Commercial
Street Town Float for over three hours.
(3)
No watercraft except the Town-owned vessels shall
be tied in the area of the Fish Pier Town Float designated "Harbor
Master," except during winter dockage.
[Amended 5-4-2024 ATM by Art. 22]
J.
No person shall consume liquor or offer liquor to
another on any float, wharf, pier or dock owned by the Town.
K.
No person shall leave any personal property on any
float, wharf, pier or dock owned by the Town.
L.
No person shall damage, disturb, deface or interfere
with any sign, notice, channel marker, buoy, float, life preserver,
Harbor Patrol Boat or any other municipal property.
M.
No person shall permit or place more than one watercraft
at a mooring unless such additional watercraft does not interfere
with adjacent moorings and anchorages or other navigational considerations.
No person may attach or secure to a mooring any float larger than
16 feet by 32 feet, only one float allowed per mooring.
[Amended 5-2-2005 by ATM Art. 66; 6-20-2020 ATM
by Art. 22; 5-4-2024 ATM by Art. 22]
(1)
No person may attach or secure a float to a mooring
without first attaching reflective devices (yellow or white) to all
corners of such float and in each direction to increase night visibility.
All floats must display the owner's name and mooring number. Telephone
numbers must be on file in the Town office but not displayed on moorings
or floats.
(2)
No person shall leave a boat unattended while rafted
to another watercraft, a float, or mooring without permission of the
Harbor Master.
(3)
All floats will be maintained in a good, serviceable,
and seaworthy condition at all times. All floats shall be used and
operated only in compliance with all guidelines and rules established
by the Port Committee or otherwise set forth in this chapter.
(4)
All fishing material, equipment or gear stored on
a float must be limited to the uses of the float. All items stored
must be secured in a neat and orderly fashion.
N.
No person shall water-ski within the inner harbor.
O.
No person shall operate any windsurfer, pedal boat,
bicycle boat, aqua bike or any other similar watercraft within the
inner harbor.
P.
No person shall use or explode or cause or permit
to explode any fireworks from a watercraft, dock, pier, shore, waters
or any other area within Boothbay Harbor without a permit as provided
by law.
Q.
No person shall process or permit to be processed
any seafood products at any Town float.
R.
No person shall operate any watercraft at a speed
greater than headway speed, and no person shall create an excessive
wake while within the inner harbor or Townsend Gut areas.
[Amended 5-4-2024 ATM by Art. 22]
S.
No person holding an individual mooring permit shall
rent it to any other person or entity.
T.
Houseboats and floating businesses must meet all state
and federal standards and regulations and are prohibited from mooring
or anchoring in all waters of the Town unless within the boundaries
of a marina.
U.
Discharge of sewage into waters from watercraft, houseboats
or floating businesses is prohibited. Watercraft, houseboats and floating
businesses shall utilize a marine holding tank or pump-out facilities.
[Amended 5-8-2010 by ATM Art. 67]
Pursuant to 38 M.R.S.A. § 12, any person(s),
firm, business, contractor, corporation or otherwise, who violates
the provisions of this chapter shall be prosecuted pursuant to 30-A
M.R.S.A. § 4452 and thereby shall be guilty of a civil offense
and punishable by a fine of not more than $2,500 and not less than
$100 for each offense. Each day said violation is allowed to continue
shall constitute a separate offense.[1]
[1]
Editor's Note: Former § 133-10, Appeals, which immediately
followed this section, was repealed 5-4-2024 ATM by Art. 22.
