[HISTORY: Adopted by The Commissioners of St. Michaels as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Waterways management — See Ch. 333.
[Adopted 12-8-1987 by Ord. No. 182; amended 12-13-2017 by Ord. No. 485; 1-10-2019 by Ord. No. 498; 3-10-2021 by Ord. No. 520; 11-9-2022 by Ord. No. 538; 12-11-2024 by Ord. No. 562]
For the purposes of this article and Article II of this chapter, the words and phrases set forth in this section shall be defined as follows:
COMMERCIAL WATERMAN
Any person possessing a commercial license issued by the State of Maryland to catch clams, crabs, fish or oysters.
MOOR
To secure or make fast a vessel with cables, lines, ropes, hooks and/or anchors.
PUBLIC PIER OR WHARF
Any pier or wharf owned by the Town and intended for the use by the public in general, without payment of dockage rental fees.
VESSEL
Includes boats of all types, regardless of how propelled, seaplanes when not airborne, and jet skis and similar watercraft.
A. 
No person, with the exception of commercial waterman, shall moor a vessel at the public wharf located at the end of Mulberry Street for longer than four hours. Commercial watermen may moor at the south 1/2 of the wharf and may raft out from the vessel moored at dockside.
B. 
The loading dock located on Harbor Road is reserved for the use of commercial watermen.
C. 
No person shall moor a vessel at the public wharf at Hollis Park for longer than four hours, and there shall be no docking between the hours of 10:00 p.m. and 7:00 a.m. No vessel shall raft out from a vessel moored at dockside at Hollis Park.
Police officers of the Town of St. Michaels shall have the authority to board any boat docked on a public wharf in violation of this article for the purpose of enforcing the provisions of this article or identifying the owner of said vessel and may cause a vessel determined to be in violation of this article to be moved or towed to another location. In addition to any fines issued, the owner of a vessel that is moved or towed for a violation of this article shall be solely responsible for the cost and expense thereof. Such costs and expenses must be paid in full before the Town will authorize the vessel's release.
In addition to the violation of this article by the operator of a vessel, the owner of any vessel whose vessel is moored in violation of this article shall be in violation of this article. For the purposes of this article, the operator shall be deemed to be the owner unless evidence to the contrary is introduced into evidence.
Violations of this article are declared to be municipal infractions. The penalty for violation of this article shall be $250 for each offense, and each two-hour period following the initial violation shall be considered a separate offense and subject to a separate citation and fine. Fines shall be doubled if not paid within 30 days of issuance of a citation hereunder.
[Adopted 3-10-2021 by Ord. No. 520; amended 11-9-2022 by Ord. No. 538; 12-11-2024 by Ord. No. 562]
TOWN BOAT SLIPS — BACK CREEK
Boat slips owned by the Town of St. Michaels at the foot of West Chew Avenue, also known as Waterman's Dock, shall be used only by commercial watermen with boats having an approved Town slip holder agreement for the mooring of the vessels identified in said agreement.
TOWN BOAT SLIPS — HARBOR
Boat slips owned by the Town of St. Michaels in the St. Michaels Harbor shall be used only by boats with an approved Town slip holder agreement for the mooring of the vessels identified in said agreement. Slips 1 and 2 may be used only by commercial watermen with Town slip holder agreements for the mooring of the vessels identified in said agreement.
A. 
With the exception of commercial watermen with active Maryland commercial fisheries licenses as of April 1, 2021, each applicant must pay a one-time nonrefundable fee of $150 in order to be put on (or remain on) the waitlist for a Town boat slip.
B. 
Waitlist applicants must renew their waitlist application each year to remain on and maintain their position on the waitlist. The renewal application along with a nonrefundable $20 renewal fee must be received by January 15 of each year. Failure to submit appropriate documents will result in removal from the waitlist.
C. 
When a Town boat slip becomes available, the Town will notify the applicant at the top of the waitlist by phone. If the applicant does not respond within five days, a certified letter will be sent to the applicant's mailing address on file. The applicant has seven days from the date the letter is mailed to respond. Failure to respond with intent to lease the Town boat slip will result in forfeiture of the Town boat slip allocation and removal from waitlist.
(1) 
If the applicant's boat does not fit in an available Town boat slip with proof, the applicant may remain on waitlist in the applicant's current position.
(2) 
If the applicant does not currently have a boat, one must be obtained or proof of purchase with an estimated delivery date must be provided to the Town within 30 days of notice of a boat slip allocation; otherwise, the applicant will forfeit the allocation and be removed from the waitlist.
A. 
The slip holder has 30 days from the verbal or written notice of Town boat slip allocation to provide payment of fees and a completed slip agreement. Failure to submit all required items within 30 days will result in forfeiture of the Town boat slip allocation and removal from the waitlist.
(1) 
The Town will accept no slip holder agreements or fees until all requirements are met.
(2) 
If the slip holder owns more than one boat that will be used in the Town boat slip, the slip holder must provide a current Maryland registration and title for each boat.
(3) 
Upon the Town's approval of a slip holder agreement, the slip holder will be issued a decal identifying the boat for the assigned Town boat slip. The decal must be placed on the boat next to the Maryland registration decal and any fishing license decals.
B. 
The slip holder, for the slip holder and the slip holder's heirs, successors and assigns, waives any and all claims against the Town and its officials and employees for any loss or damage to any boat occupying the Town boat slip and any and all liability for death or personal injury to the slip holder's person or property and for the death, personal injury or property damage of any other person(s) caused or alleged to be caused or contributed to by the Town boat slip or use thereof.
C. 
The term of the slip holder agreement may be extended for one or more additional one-year periods, providing that all conditions of the lease, as written or as amended by the Town are met; provided, however, no lease shall be extended or renewed unless the balance of the rental fee owed by the slip holder to the Town is paid in full.
D. 
The slip holder shall not rent, sell, transfer, sub-lease, loan or in any manner convey the right to use of the Town boat slip, or otherwise permit any boat or object other than the boat named on the slip agreement to occupy the Town boat slip, except that a commercial waterman with an active Maryland commercial fisheries license may, upon a slip holder's death, permanent disability or retirement, bequeath or transfer his or her Town boat slip allocation to an immediate family member (son/daughter or husband/wife) who also maintains an active Maryland commercial fisheries license.
E. 
Watermen with active Maryland commercial fisheries licenses shall be permitted enter slip holder agreements to berth their vessels and offload catch. Should a town boat slip be vacated by a waterman, with no demand from other watermen for said slip, and remain vacant for one year, the slip may be allocated to a recreational boater with a valid Maryland boat registration.
F. 
A commercial waterman shall have the ability to renew Town boat slip agreements from year to year so long as the waterman maintains an active Maryland commercial fisheries license, follows all regulations governing slip agreements in the Town, and operates a commercial waterman's vessel, as may be verified by the Maryland Department of Natural Resources. The number of waterman's slips in the Town Harbor shall not exceed 15 slips, including slips 1 and 2 located at the loading dock off Harbor Road.
G. 
(Reserved)
H. 
The slip holder is required to notify the Town if the boat will not be in the Town Boat Slip for a period of 30 days or longer.
I. 
The slip holder shall immediately notify the Town in the event the slip holder acquires a different boat to occupy the Town boat slip. If the slip holder sells the boat during the terms of the lease agreement without acquiring another boat, they will be permitted to retain the Town boat slip until the end of the agreement or 60 days, whichever occurs first.
J. 
Only boats registered in the State of Maryland shall be permitted to occupy a Town boat slip. The slip holder shall immediately notify the Town of any changes in the boat's registration. If the boat should cease to be legally registered in the State of Maryland, the slip holder shall immediately forfeit and surrender all rights to the Town boat slip and the slip holder agreement shall be void.
K. 
Any property which the slip holder shall leave in the premises after the term of a slip holder agreement or any renewal thereof shall be deemed abandoned to the Town. Slip holders shall reimburse the Town for costs incurred by the Town in the removal and disposal of said property.
L. 
The slip holder shall not use the Town boat slip for the conduct of any boat chartering or boat rental business.
M. 
No person shall live aboard any boat stored or occupying a Town boat slip.
(1) 
Living aboard a boat shall include staying or sleeping upon a boat for one or more nights.
(2) 
A person shall be presumed to have lived upon the boat if they are aboard the boat at any time between the hours of 11:30 p.m. and 5:00 a.m. unless that person is aboard the boat for the purpose of protecting the boat from (temporary) imminent danger.
N. 
The boat must be kept afloat, in good repair and operational while in the Town boat slip.
(1) 
The boat must leave the Town boat slip under its own power at least twice a year. The Town or its assignees reserve the right to ask the owner to demonstrate that the designated boat is operational.
(2) 
In the event a boat sinks and remains underwater for a period of 30 days, the Town reserves the right to remove or cause to be removed the same at the expense of the slip holder in accordance with the State Boat Act.
O. 
The slip holder shall not leave parts, equipment, supplies or trash on the bulkhead area.
P. 
The slip holder shall be limited to an allocation for one Town boat slip — Harbor and one Town boat slip — Back Creek to enable access to separate tributaries, the Miles River and the Choptank River.
Q. 
The slip holder shall not alter the Town boat slip or the land to which it abuts without written permission from the Town.
R. 
The slip holder must compensate the Town for any damage caused to pilings, bulk heading or facilities of the Town by the slip holder, or his or her agents, guests, or employees. Sufficiency of the compensation shall be determined by the Town in its sole and absolute discretion.
S. 
The slip fee may be amended by the Town from time to time, not more than one time per year.
T. 
The slip holder shall abide by all rules and regulations set by the Town and abide by any lawful order or orders issued by any agent or agents of the Town regarding the use and occupancy of the Town boat slip.
A. 
Police officers of the Town of St. Michaels shall have the authority to board any boat docked in a Town slip in violation of this article for the purpose of enforcing the provisions of this article or identifying the owner of said vessel and may cause a vessel determined to be in violation of this article to be moved or towed to another location. In addition to any fines issued, the owner of a vessel that is moved or towed for a violation of this article shall be solely responsible for the cost and expense thereof. Such costs and expenses must be paid in full before the Town will authorize the vessel's release.
B. 
The Town Police and Code Enforcement Officer(s) may conduct reviews of the Town slips at any time.
C. 
Failure to adhere to the provisions of § 101-8 of this article is declared to be a municipal infraction.
(1) 
Unless otherwise stated, three citations will result in immediate termination of the slip agreement and forfeiture of slip and fees.
(2) 
Upon notice of termination of the slip agreement, the slip holder must remove the boat from the Town boat slip or cause the same to be removed within seven days. Failure to remove the boat after the seven-day notification period is declared to be a municipal infraction. The Town also reserves the right to have the Maryland Department of Natural Resources declare the boat as abandoned and remove and dispose of the same in accordance with the State Boat Act.
(3) 
The penalty for violation of this article shall be $250 for each offense, and each day that a violation continues after notification of the initial violation shall be considered a separate offense and subject to a separate citation and fine.