[Adopted as Ch. III, Art. 8; amended 2-8-1993 by Ord. No. 93-32]
The rules and regulations contained herein shall
govern water recreation, navigation and all boating activities on
the Penobscot River and its estuarine tributaries, extending from
the Bangor-Hampden town line to the Bangor-Veazie town line and to
the head of tide on the Kenduskeag Stream and extending to the harbor
line on the Brewer side of the river, as shown on a plan prepared
by the Department of the Army Corps of Engineers, New England Division,
entitled "Penobscot River, Maine, Bangor Harbor, Conditions Survey,
Fourteen Foot Channel," Drawing No. BGH-2206, Sheets 1 and 2 of 2,
dated October 1983, a copy of which is on file in the City Engineer's
office.
A Harbor Master shall be appointed annually by the City Council on the basis of merit and fitness alone. The Harbor Master shall have the authority to enforce the rules and regulations of the statutes of the State of Maine relating to the operation of vessels, as contained in 38 M.R.S.A. Chapter
1 and other rules and regulations as contained herein. The Harbor Master shall keep a log of all activities within the harbor area and shall collect all fees as hereinafter established, to be turned over daily to the City Treasurer. The Harbor Master shall be subject to the authority and direction of the City Manager (or their designee).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Landing docks will be maintained at the Bangor
Waterfront Park within the Inner Harbor area from May 15 to October
15 for the use of the public, unless weather conditions dictate later
installation or earlier removal, as determined by the Director of
Parks and Recreation.
A. Tie-up time. The face of floats will be clearly marked with the permitted maximum time of tie-up. A fifteen-minute tie-up, with no unattended vessels, will be permitted on a portion of the floats designated by the Harbor Master, and a two-hour maximum tie-up will be permitted on the remaining portion of the floats. The permitted tie-up time will not be exceeded without the prior authorization of the Harbor Master, nor will tie-up be allowed which will conflict with the scheduled arrival and/or departure of authorized cruise boats as described in Subsection
B below or scheduled arrival of other boats for which space has been previously reserved with the Harbor Master.
B. Cruise boats. The City Manager or their designee may
authorize the use of all or portions of the floats by private cruise
boats for the purpose of loading and unloading of passengers for periods
of three consecutive days or less. Such use of the floats, as well
as any other commercial use, for periods of four or more days will
be allowed only upon the approval of the appropriate Council committee.
A schedule of such activity, including the times of arrival and departure,
shall be posted at the float. Other boats shall not use the float
in such a manner as to impede scheduled cruise boat operations.
[Amended 12-27-2000 by Ord. No. 01-58]
C. Other boats. Rowboats, canoes, dinghies or other unpowered
boats may be tied to the ends or the rear of the floats in areas designated
by the Harbor Master for dinghy tie-up after registration with the
Harbor Master, subject to the payment of an annual fee. Said boats
shall be properly and reasonably maintained; if not, they shall be
removed by the Harbor Master at the owner's expense and risk, and
the owner will lose further privilege for such use of the float for
dinghy tie-up. Boats over 14 feet in length will not be allowed to
be tied up in the dinghy area.
D. Overnight use. Overnight tie-up to the public float
will be allowed only upon permission from the Harbor Master and upon
payment of established fees for such use.
E. Penalties. Any person who leaves a vessel moored to the public float beyond the allotted time or in such a manner as to impede approved cruise boat operation will be punished as provided in §
140-8 of this article. Each day shall be considered as a separate violation.
[Amended 9-14-1998 by Ord. No. 98-339]
[Amended 9-14-1998 by Ord. No. 98-339; 7-10-2000 by Ord. No. 00-260]
A. Registration. No private mooring shall be placed without
the approval of the Harbor Master.
(1) All private moorings shall be registered with the
Harbor Master, who shall record the following information:
(a)
Name and address of the owner and number of
the vessel.
(c)
Size and type of mooring and all components.
(2) Each private mooring shall be assigned a number, which
shall be displayed on the buoy in permanent letters at least three
inches high. All moorings shall be registered at the Engineering Department
each year prior to May 15, said registration subject to the payment
of an annual fee established by the appropriate Council committee.
[Amended 12-27-2000 by Ord. No. 01-58]
B. Size and type. The mooring scope from staple to bit
shall be 2.5 times the maximum high water depth. The minimum mooring
weight shall be 1,000 pounds for stone or other bulk moorings or the
equivalent for swing-around moorings. The minimum bottom chain size
shall be 3/4 inch. In addition to the foregoing specifications for
moorings, the Harbor Master may enforce additional written specifications,
to be conveniently available to the public upon request.
C. Maintenance. No changes in the location of moorings
will be allowed without the approval of the Harbor Master. Moorings
not registered by May 15 shall become the property of the City. Ownerships
of private moorings are not transferable without the written permission
of the Harbor Master. Moorings shall be inspected at least once every
five years at the owner's expense, either by pulling or by underwater
investigation. If, upon inspection, the mooring is considered by the
Harbor Master to be unsafe, it shall be repaired or replaced within
a period of 10 days.
D. Penalties. Whoever violates any of the above conditions pertaining to moorings or anchoring shall be liable for a fine as provided in §
140-8 of this article.
Any master or owner of any vessel or boat or
any other person who shall violate any of the provisions of any rules
or regulations contained herein to which a specific penalty is not
annexed or otherwise provided by law shall forfeit and pay a sum of
not less than $25 nor more than $100, to be recovered upon complaint
by the Harbor Master before District Court.
Any use of the public facilities mentioned above,
i.e., public floats, parking areas, moorings and Waterfront Park areas
shall be at the user's risk, and the City of Bangor will not be liable
for any damage or injury resulting from the use of said facilities.
[Adopted as Ch. VI, Art. 5]
No vessel, steamboat or raft shall be allowed
to anchor or lie in the main channel of the Penobscot River between
the Bangor-Brewer Bridge, connecting Pine Street on the Bangor side
and State Street on the Brewer side, and the north line of Hampden
in such a manner as to obstruct the free passage of vessels, boats
and rafts up and down said river.
[Amended 9-14-1998 by Ord. No. 98-339]
If any owner or owners or master of any vessel or any other person shall cast or throw, or cause or suffer to be cast or thrown, from their vessel or from any other place any stone, sand or ballast or any other thing into the channel of said river, whereby navigation of the same may be injured, they shall forfeit and pay for each offense a sum as provided in §
140-12, and if any person shall cast or throw, or cause or suffer to be cast or thrown, from any wharf or dock in said port of Bangor into the water of said river any stone, sand, cinders or any other thing which may decrease the depth of water at said wharf or dock, they shall forfeit the sum as herein provided.
[Added 9-14-1998 by Ord. No. 98-339]
Any master or owner of any vessel or boat or
any other person who shall violate any of the provisions of this article
to which a specific penalty is not annexed or otherwise provided by
law shall forfeit and pay a sum of not less than $25 nor more than
$100, to be recovered upon complaint by the Harbor Master before District
Court.