[3-15-2016]
(a) 
If the Harbor Master has probable cause to believe that any provision of Division 4 of this article has or may have been violated, the Harbor Master may commence a civil action in the District Court by service of a summons in the form of the uniform traffic ticket as provided by 29 M.R.S.A. § 2300. Complaints for filing in the District Court may be drawn by the City Attorney or by the District Attorney's office. For any violations of Division 4 of this article, the District Court may impose a fine of not less than $25 and not more than $200 for each violation. Each day such a violation is continued may be considered a separate offense. Unless otherwise prohibited by state law, all fines collected shall be payable to the City.
(b) 
If the Harbor Master shall find provisions other than those in Division 4 of this article to be violated, the Harbor Master shall notify the person responsible for the violation, either verbally or in writing, indicating the nature of violation and ordering the action necessary to correct it. The Harbor Master shall maintain a written record of such notices. If the violation causes or threatens to cause property damage, then notification of the violation shall be by the fastest means possible. In this case, if contact with the mooring or boat owner or corrective action cannot be made within 24 hours, the Harbor Master is authorized to take whatever action is necessary, the expense and risk for which shall be borne by the mooring or boat owner. If the mooring or boat owner fails to satisfy all financial obligations arising out of this incident prior to January 1 of the succeeding year, it shall not limit in any way the authority of the Harbor Master to act as provided in 38 M.R.S.A. § 1.
(c) 
When the action described in Subsection (b) of this section does not result in the correction or abatement of the violation or condition, the City Council, upon notice from the Harbor Master or the Harbor Advisory Committee, is hereby authorized and directed to institute any and all actions and proceedings, either legal or equitable, including seeking injunctions of violations, that may be appropriate or necessary to enforce the provisions of this article in the name of the City. In any action in which the City prevails, the City shall be awarded reasonable attorneys' fees and court costs in addition to any other relief to which it may be entitled.
[3-15-2016; 2-7-2023(2)]
For the purpose of this Article, the harbor limits shall be defined as follows:
(1) 
Coastal Harbor. The Coastal Harbor of Belfast shall be defined as an area bounded on the south by a line extending from the Northport/Belfast town line (44 23.647N 068 59.274W) to the Searsport/Belfast town line (44 25.733N, 068 57.468W) and on the north by a line from point "A" at Steamboat Landing (44 25.510N, 068 59.985W) to point "B" near Goose River (44 25.740N, 068 59.525W).
(2) 
Outer Harbor. The Outer Harbor of Belfast shall be defined as an area bounded on the south by a line from point "A" at Steamboat Landing to point "B" at Goose River, and on the north by a line on the north side and parallel to the outer section of the Breakwater, point "C", (44 25.735N, 069 00.192W) to point "D" (44 25.880N, 068.59.980W) on the eastern shore of the harbor.
(3) 
Inner Harbor. The Inner Harbor of Belfast shall be defined as an area bounded on the south by a line on the north side of and parallel to the outer section of the Breakwater, point "C," to the eastern shore of the harbor, point "D," and on the north by the Armistice Bridge (foot bridge), (44 25.876N, 069 00.597W to 44 25.974N, 069 00.406W).
(3.5) 
Bridge Harbor. The Bridge Harbor of Belfast shall be defined as an area bounded on the south by the northerly face of the Armistice Bridge (foot bridge), and on the north by the northerly face of the Veteran's Memorial Bridge, (44 25.976N, 069 00.731W to 44 26.038N, 069 00.478W).
(4) 
River Harbor. The River Harbor of Belfast shall be defined as an area bounded on the south by the northerly face of the Veteran's Memorial Bridge, and on the north at the Head of Tide.
[1]
Editor’s Note: Said Appendix is on file in the City offices.
[3-15-2016]
The Belfast Harbor channel shall extend westerly of and northwesterly from a point delineated as (44 N 69 W) near Steels Ledge to a point near the US Rt. 1 bridge where the channel does not exceed a distance of 25' either side of the deepest point and extends to the Head of Tide (44 N 69 W). A 25' buffer area shall be maintained on either side of the channel. A detailed description of the channel location, turning basins, channel buffer, and private aids is attached and can be found in Appendix B.
[1]
Editor’s Note: Said Appendix is on file in the City offices.
[3-15-2016]
Three overlaid anchorage areas (A, B and C) are hereby established within the Outer and Coastal Harbors in order to better manage usage of prime mooring and navigation areas and to ensure opportunity for access by all types of harbor users. These anchorage areas are depicted on the map attached as Appendix B-1 to this chapter, which shall be controlling as to the location of the anchorage areas.
[1]
Editor’s Note: Said Appendix is on file in the City offices.
[3-15-2016; amended 2-7-2023(2)]
A wharf line is established in Belfast Harbor beyond which there shall be no marine construction of piers, wharves, docks, floats, or similar structures connected to the land. No construction within these boundaries shall infringe on or encroach upon any channel located in Belfast Harbor. Wharf lines are further described as follows and are generally depicted on the Official Wharf Line Map:
(1) 
Coastal Harbor Wharf Line. Any point or location not to exceed 300 feet from the mean high water mark.
(2) 
Outer Harbor Wharf Line. Any point or location not to exceed 200 feet from the normal high water mark. Notwithstanding this provision, the City Council shall have the authority to adopt a contract rezoning agreement for a specific property that has shore frontage in the Outer Harbor and that is located in the Waterfront Development Shoreland Zone regarding the specific designation of the wharf line for that property; reference Chapter 102, Zoning, Article X, Contract Rezoning, Division 4, Waterfront Mixed Use-1 Zoning District, Waterfront Mixed Use-2 Zoning District and Waterfront Development Shoreland District.
(3) 
Inner Harbor Wharf Line.
a. 
West side of harbor. Any point or location not to exceed 25 feet from the designated channel for Belfast Harbor.
b. 
East side of harbor. Any point or location not to exceed 100 feet from the normal high water mark.
(3.5) 
Bridge Harbor Wharf Line.
a. 
West side of harbor. Any point or location that is a minimum of 25 feet from the designated channel of Belfast Harbor.
b. 
East side of harbor. Any point or location that is a minimum of 100 feet from the normal high water mark if the structure is connected to the shore. If the structure is connected to the Armistice Bridge (foot bridge), any point or location that is a minimum of 25 feet from the designated channel of Belfast Harbor.
(4) 
River Wharf Line. Any point or location not to exceed 100 feet from the mean high water mark.
[3-15-2016]
(a) 
The Harbor Master is hereby authorized to remove or cause to be removed any vessel or boat from any wharf in Belfast Harbor when so requested by the owner of wharf and whenever the Harbor Master shall deem it necessary, may remove or cause to be removed any vessel, boat or craft which shall anchor or lie contrary to this article, rule, regulation or state statute. Prior to taking such action the Harbor Master shall make a good faith effort to attempt to notify the owner or person having care of the vessel, boat or craft and to order the owner or person to remove the vessel, boat or craft forthwith. If actual notice of the order to remove cannot be provided to the owner or person responsible for the boat in an expeditious fashion, the Harbor Master may remove or cause the removal at the expense of the owner of the vessel. If any person, after having been ordered to comply forthwith, fails to comply, action may be undertaken by the Harbor Master as in other cases where violations occur, as provided in Section 30-91.
(b) 
No person shall cause to be abandoned any boat, vessel, cradle or craft within the confines of Belfast Harbor or the waters adjacent to the shoreline of the City. Any such objects left in the confines of the harbor which shall appear to the Harbor Master to have been unattended for a period of 30 days shall be deemed abandoned. The Harbor Master upon determining such abandonment, may order the last owner, if known, to remove such object within 10 days. If the last owner is unknown or uncertain, or not reasonably available for notification or determination, the Harbor Master shall attach to the abandoned property a notification ordering the object's removal within 10 days. If removal as provided in this section and as may be ordered by the Harbor Master is not accomplished within the 10-day period, the Harbor Master may remove or cause the removal of such object at the expense of the last known owner. If such object or property is not claimed, and removal expenses are not paid by October 10 of each year, the object or property may be sold by the City, and all monies retained from the sale shall inure to the benefit of the City's harbor account.
(c) 
Any tender or skiff tied to the City floats that is left sunk or awash for a period exceeding seven days shall be deemed abandoned. The tender or skiff may be impounded by the Harbor Master, and may be disposed of in the same manner as noted in Subsection (b) of this section. The City shall not be liable for any damages sustained by an impounded tender or skiff.