[Ord. No. 215, 8-4-1992]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Means to secure a vessel temporarily to the bottom of a waterbody by dropping an anchor or other ground tackle from a vessel.
Means berthing space for a single vessel alongside a pier, finger float, or other structure.
Means any water areas officially marked and maintained to permit unobstructed movements of vessels.
Means the rental or lease of a mooring.
Means any vessel used or engaged for any type of commercial venture.
Means a state of disability or a present or obviously imminent danger which if unduly prolonged could endanger life or property.
Means a state of imminent or proximate danger to life or property in which time is of the essence.
Means any locally designated and/or maintained water areas reserved for unobstructed movement of vessels.
Means any area or structure providing private or public access to the water.
Means the legislation contained within C.G.S. §§ 22a-113k to 22a-113t and as may be amended.
Means the local municipal commission established under and carrying out the responsibilities authorized by the state harbor management act.
Means an official appointed in accordance with the general statutes.
Means any and all facilities of a harbor either publicly or privately owned affecting the use and operations of vessels located within the area of jurisdiction.
Means to secure a vessel to a mooring.
Means a place where vessels are secured to the bottom of a waterbody by mooring tackle for long-term use.
Means that which marks a mooring.
Means the hardware and cordage used to secure a vessel at a mooring.
Means an area reserved and designated on the water use plan where moorings and structures will be restricted to preserve the area for navigation, natural resources, and public recreational purposes.
Means all areas of any harbor except those areas under specific lease to private persons or firms, or owned privately.
Means that part of the land in immediate contact with a body of water, including the area between high and low water lines.
Shall is mandatory; may is permissive.
Means the State of Connecticut.
Means docks, piers, pilings, breakwaters, groins, and seawalls.
Means any area reserved and designated on the water use plan for the exclusive short-term use of commercial and recreational vessels.
Means the condition of a vessel not at anchor, without moorings, and not made fast to the shore nor aground.
Means every description of watercraft, other than a seaplane on water, used or capable of being used as a means of transportation on water.
[Ord. No. 215, 8-4-1992]
The provisions of this article and any rules and regulations adopted pursuant thereto shall be applicable, and shall govern the use of harbor waters and facilities under the jurisdiction of the town harbor management commission, pursuant to the town harbor management plan, Noank sector. The harbor management commission may from time to time amend the rules and regulations contained in this article.
[Ord. No. 215, 8-4-1992]
The town harbor management commission, commissioners, and harbormaster shall not by adoption or administration of these regulations assume any risk of personal injury and damage or loss to property on account of accident, fire, theft, storm, vandalism or acts of God.
[Ord. No. 215, 8-4-1992]
(a)
The harbormaster or deputy harbormaster shall have the authority to carry out harbor management directives and enforce all provisions of the harbor management plan, including this article. The harbormaster or deputy harbormaster may cite any alleged violators of this article.
(b)
The harbor management commission shall review and make recommendations regarding all applications for permits or approvals for all floats, structures, and other marine facilities within harbors under its jurisdiction.
[Ord. No. 215, 8-4-1992]
Any violation of this article shall be a municipal infraction and is punishable by a fine not to exceed $100.00 or by imprisonment for not more than six months, and shall be imposed for each violation pursuant to this article, as provided under C.G.S. § 7-148(c). Each day of violation shall be considered a separate offense and subject to separate citations. A fine not to exceed $100.00 shall be imposed for each offense. Fines levied under the provisions of this article shall be collected and deposited into the Groton of a greater penalty as provided for under federal statutes or the laws of the state.
[Ord. No. 215, 8-4-1992]
Charges may be imposed by the harbormaster for recovery and/or movement of vessels whenever a vessel is moved, impounded, or held as a result of violations of this article.
[Ord. No. 215, 8-4-1992]
A harbor management fund is hereby created to receive and expend monies for harbor management purposes determined by the harbor management commission. All revenues generated by the following shall be deposited into the fund:
(1)
Mooring permits;
(2)
Fines levied under the provisions of this article;
(3)
Fifty percent of the boating registration fee that is returned to the town; and
(4)
Other fees generated.
Funds shall be disbursed for purposes directly associated with the management of harbors and implementation of the Noank Sector Harbor Management Plan. Monies from this fund may be allocated to the harbormaster or deputy harbormaster for the purpose of enforcing the provisions of the Noank Sector Harbor Management Plan and/or the harbor management ordinance. The harbor management fund shall be established, budgeted, and administered in a manner consistent with the town Charter.
[Ord. No. 215, 8-4-1992]
Proposed uses, structures, and activities within the harbor shall be consistent with the adopted water use plan map. The water use plan map may be amended by the harbor management commission in accordance with the procedure for harbor management plan modifications in the state harbor management act.
[Ord. No. 215, 8-4-1992]
No persons shall operate, occupy or leave a vessel in such manner as to constitute an audible nuisance. This prohibition includes, but is not limited to, operating a motor boat without an adequate muffler as provided under C.G.S. § 15-129, loud offensive or obscene language or behavior, and playing radios, musical instruments or other noise-producing devices so loudly as to constitute a nuisance. No person shall leave a vessel without securing all halyards and other noise-producing objects in such manner as will effectively prevent the production of noise under all reasonably foreseeable conditions.
[Ord. No. 215, 8-4-1992]
A person shall not moor or berth or permit to be moored or berthed in the harbor a vessel which is unseaworthy, in a badly deteriorated condition, which is likely to sink or to damage docks, wharves, floats or other vessels or which may become a menace to navigation, except in cases of emergency.
[Ord. No. 215, 8-4-1992]
When a vessel has been abandoned in the harbor, the harbormaster may take custody and control of such vessel in accordance with C.G.S. § 15-140c and remove it, store it or otherwise dispose of it, all at the expense and sole risk of the vessel owner. Reasonable notice of such disposal shall be publicly given.
[Ord. No. 215, 8-4-1992]
A person having charge of any vessel shall not make it fast or secure it to any dock, jetty, breakwater, bulkhead, wharf, pier, or mooring without the consent of the owner thereof except in an emergency, in which case such person shall forthwith report the emergency to the harbormaster and thereafter act in accordance with the harbormaster's instructions.
[Ord. No. 215, 8-4-1992]
It shall be prohibited to place any mooring in the waters of the harbor without a permit from the harbormaster. No vessel moored or anchored shall extend beyond the mooring area into any designated channels, fairways, turning basins, or transient anchorages. Unpermitted moorings may be removed by the harbormaster, subject to the following: owner thereof shall be notified if possible. If not possible, equipment shall be treated as lost items.
[Ord. No. 215, 8-4-1992]
(a)
The harbor management commission shall establish and post in a public place a mooring allocation procedure and priority list.
(b)
As provided in section 16-45(b), available moorings shall be offered to the senior applicant on the mooring list, subject to the constraints contained in these rules and regulations. If the available mooring location is not suitable to accommodate the senior applicant's vessel or specific needs, it shall be offered to the next senior qualified applicant. The senior applicant shall retain his place on the waiting list in this case. The harbormaster shall continue efforts to provide a suitable mooring location for the senior applicant. If the senior applicant refuses a mooring location which is suitable for his vessel in the opinion of the harbormaster, that person shall be moved to the bottom of the waiting list. In order to obtain the most effective utilization of existing mooring facilities, lists of applicants will be maintained according to the length and draft of their vessels. These lists will be available for public inspection during regular office hours at the office of the town clerk. In the allocation of mooring locations, owners of existing moorings shall be deemed the senior applicant for the nearest designated mooring location.
(c)
As demand requires, up to 15 percent of the mooring locations within designated commercial areas shall be made available to private individuals. Applications for mooring locations within established commercial areas shall be made to the harbormaster by April 1 of a given calendar year. The harbormaster shall assign these moorings in accordance with the allocation procedures indicated in this section considering boat size and draft, water conditions and mooring access, and be placed in accordance with established mooring space and specification for that area. This 15 percent shall include pre-existing private moorings within commercial areas. This also allows the resetting of affected commercial moorings within designated commercial areas subject to harbormaster approval, but the total number of commercial moorings shall not be increased.
(d)
The owner of private shorefront property shall have the right, upon application to the harbormaster for a mooring permit for a mooring location, to place a mooring for his own use within close proximity of his property.
[Ord. No. 215, 8-4-1992]
(a)
The harbormaster shall maintain a record of each mooring, its location, and the owner's name, home and business address, telephone number, date mooring was set, and name, length, draft registration number or documentation number, and type of boat to be attached thereto. Commercial operators shall maintain the required data as to owner and vessel and make such data available to the harbormaster.
(b)
The harbormaster shall maintain in a public place a waiting list for mooring locations which shall be updated periodically.
[Ord. No. 215, 8-4-1992]
All vessels anchored, moored or berthed within the jurisdiction of the harbor management commission shall be tied, moored, anchored, or otherwise secured with proper care and equipment as required to prevent breakaway or damage to vessels or property. It shall be the responsibility of the owner of the vessel, and where applicable, marine facility operator, to ensure that the vessel is properly secured and to provide for periodic inspection, maintenance, and replacement of such equipment at reasonable intervals as determined by the harbormaster.
[Ord. No. 215, 8-4-1992]
The harbor management commission shall provide specifications for mooring tackle and procedures for periodic inspection of the tackle.
[Ord. No. 215, 8-4-1992]
Owners may and should, without penalty, add reasonable scope, weights, or extra anchors in anticipation of storm conditions. Prompt return to usual mooring provisions shall be effected with seven days after such storm.
[Ord. No. 215, 8-4-1992]
The provisions of C.G.S. §§ 15-170—15-175, inclusive, shall be strictly enforced with respect to marine toilets.
[Ord. No. 215, 8-4-1992]
Vessel speed shall be strictly enforced in accordance with the provisions of C.G.S. § 15-16. In addition to the above referenced standards, no vessel shall move at greater than six miles per hour when located within 200 feet of a moored vessel.
[Ord. No. 215, 8-4-1992]
The provisions of C.G.S. § 22a-250, inclusive, shall be strictly enforced with respect to the discharge of refuse.
[Ord. No. 215, 8-4-1992]
(a)
No vessel shall be moored, anchored, or berthed so as to interfere with the free and unobstructed use of the channels, fairways or berthing spaces.
(b)
No fixed commercial fishing gear shall be permitted in channels or fairways in accordance with Department of Environmental Protection regulation 26-142-3a(d).
[Ord. No. 215, 8-4-1992]
Swimming is prohibited in all designated channels and fairways. Use of designated swimming areas, established by Department of Environmental Protection permit, may be restricted by the harbor management commission.
[Ord. No. 215, 8-4-1992]
The finder of lost property within the harbor shall deliver or report its identity and location to the town police.
[Ord. No. 215, 8-4-1992]
The harbormaster may place and maintain, or cause to be placed and maintained, either on land or water, such signs, notices, signals, buoys or control devices in accordance with regulations established by the commissioner of environmental protection (under C.G.S. § 15-121) and in accordance with federal statutes and regulations to carry out the provisions of this article or to secure public safety and the orderly and efficient use of a harbor or marine facility.
[Ord. No. 215, 8-4-1992]
A "T" flag or radio is recommended. No person shall use an audible signal to call a launch, except when fog obstructs vision to the shore.