[Adopted 1-13-1993]
A.
All commercial passenger vessels carrying seven or
more passengers for hire whose point of passenger embarkation is the
Town Dock in the Village of Stony Creek shall be required to operate
under the terms of a commercial passenger vessel permit approved by
a majority vote of the Board of Selectmen of said Town, hereinafter
referred to as a "permit."
B.
Any vessel strictly engaged in service as a marine
taxi is exempt from regulation by this article.
A.
Any such permit shall be for a duration not to exceed
three years in length. In determining the amount of the permit fee,
the Selectmen are authorized to set an amount which is less than the
fair market value for the facilities used, if the Selectmen determine
that the activity of the permittee has other economic benefits to
the Town which justify a less than fair market value. The cost of
regular maintenance of the facilities should be considered in determining
the fee.
B.
The permit shall contain such provisions as the Board
of Selectmen deem appropriate and consistent with the best interests
of the Town of Branford, the area of operation and the facilities
affected. The particular vessel to be used as well as times and locations
of operation shall be specifically described in the permit. The Selectmen
shall not issue a permit to a vessel having an overall length in excess
of 44 feet nor a capacity in excess of 50 passengers. Due to their
preexistence to the effective date of this article, the three previously
named vessels, Volsunga, Sea Mist and Sea Venture, shall be permitted
at their 1992 length and level of activity. Any increase in their
capacity and/or mode of operation beyond that level shall be considered
a new vessel.
A.
In determining whether to grant a new vessel permit
to any commercial passenger vessel other than the existing Volsunga,
Sea Mist and Sea Venture, the Board of Selectmen shall consider but
not be limited to the following:
(1)
The number of permits currently outstanding.
(2)
The size of the vessel.
(3)
The number of passengers which the vessel will carry
and its proposed frequency of passenger embarkation.
(4)
The availability of parking and the impact of traffic
on congestion in the streets.
(5)
The availability of and need for support facilities,
such as public rest rooms.
(6)
Congestion and public safety at the Town Dock.
(7)
The impact on public safety, welfare and property
values in the village.
B.
A public hearing shall be held prior to the approval
of any new permit application.
C.
In renewal of permits, existing operators in good
standing should be afforded preferred status over new applicants.
D.
In the event of a sale, transfer of ownership or other
discontinuance of a permitted business, the permit shall not be transferrable,
and fee refunds will only be made for complete years of unused permits,
upon application to the Board of Selectmen. The Board of Selectmen
may require of any permittee or applicant for a permit the provision
of such information, under oath, as the Board shall determine, with
regard to ownership and the like, for the enforcement of this section.
As used in this article, the following terms
shall have the meanings indicated below:
A written request for permit containing but not limited to:
Vessels which carry passengers for hire, including tour boats.
From the extreme forward and to the extreme after end of
the vessel (also called "length outside the rig").
A commercial passenger vessel engaged in the service of transporting
passengers from one point to another.
The transfer by any person or combination of persons of 50%
or more of any unincorporated business or partnership or 50% or more
of the stock of any incorporated business during the existence of
any permitted business or the renewal thereof.
In case a question arises as to the interpretation
of this article, the decision of the Board of Selectmen shall be final.
A.
Any person who shall operate a commercial passenger
vessel other than a marine taxi carrying seven or more passengers
which uses the Town Dock in the Village of Stony Creek as a point
of embarkation for passengers without the permit required by this
article shall be deemed to have committed an infraction with each
departure and be subject to a fine of not more than $90 for each offense.
B.
This article should not be construed to prohibit the
landing of commercial passenger vessels at the Town Dock in the Village
of Stony Creek if the point of embarkation for its passengers is some
place other than the Village of Stony Creek.
