The purpose of this Chapter is to govern the disembarkation of Persons to docks or land within the Town from cruise ships and implement the purpose and intent of §
125-77H of the Town Code, as well as the promotion of the health, safety, and general welfare of the present and future inhabitants of the Town in a manner that serves to balance the interests of the general public and those of individual property owners.
Under federal, state and local law, the Town has regulatory
authority over disembarkation of Persons into the Town. This Chapter
is adopted pursuant to the Town's home rule powers as provided
for in Article VIII, Part Second, of the Maine Constitution, 30-A
M.R.S. §§ 2101 et seq.
If any section, subsection, clause, or phrase of this Chapter
shall be found to be invalid or unconstitutional, such invalidity
shall not affect the remaining provisions of this Chapter, and to
that end the provisions of this Chapter are hereby declared severable.
The provisions of this Chapter shall be administered jointly
by the Code Enforcement Officer and Harbor Master or their respective
designee(s).
Except as otherwise provided by this Chapter, language used herein shall be construed as set forth in §
125-108 of the Town Code and specific words and phrases shall have the meanings set forth in §
125-109 of the Town Code.
As used in this Chapter, the following terms shall have the
following meanings:
CRUISE SHIP
"Cruise ship" has the same meaning as set forth in §
153-22B of the Town of Bar Harbor Code.
CSDF OWNER
An individual, corporation, governmental agency, municipality,
trust, estate, partnership, association, two or more individuals having
a joint or common interest, or other legal entity that owns, operates,
or otherwise is authorized to represent the CDSF.
DISEMBARKATION
The arrival of persons to docks and/or land within the Town
from cruise ships by tender vessels, or otherwise.
PERSONS
For purposes of this Chapter and the enforcement of §
125-77H, "Persons" means passengers of cruise ships and not those persons covered by 33 C.F.R. § 105.200 and 33 C.F.R. § 105.237 (titled "System for seafarers' access"), namely, "vessel personnel," "vessel crew," "seafarers assigned to a vessel," "pilots," and "representatives of seafarers' welfare and labor organizations" (collectively, "Crew"). The word "person" (i.e. not capitalized) shall have the meaning provided by §
125-108 of the Town Code.