A person may not intentionally, knowingly or recklessly operate
a vessel in violation of state law (Title 12).
No person or vessel shall discharge, deposit, throw, sweep or
cause to be deposited or swept into or upon the waters of Saco or
into waters adjacent thereto any gas, fuel, coolant, oil, bilge water,
human waste, ashes, dirt, stone, gravel, mud, logs, planks or any
object or substance tending to pollute or obstruct the harbor or waters
adjacent thereto or to shoal the depth of said waters. No person or
vessel shall discharge, dump or dispose of any refuse, garbage, offal,
gas, oil, fuel, coolant, waste, fish waste, or any other object or
substance tending to pollute upon any shore of the City of Saco.
No person shall conduct him or herself in a manner that disrupts
the enjoyment of the pier and its facilities by other pier users.
Such conduct may result in the forfeiture of pier use permission after:
A. First instance, a verbal warning by the Harbor Master;
B. Second instance, a written warning by the Harbor Master; and
C. Third instance, revocation of pier use permit.
III. Enforcement by the Harbor Master.
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An owner, captain or operator of a vessel allows that vessel
to become derelict if:
A. The vessel lacks any license or registration, the prerequisite of
which is required by state or local authority to allow operation of
such vessel in the harbor;
B. The vessel is submerged to a level substantially above its normal
water line and remains so for a period greater than 48 hours;
C. The vessel is damaged to the extent that it cannot be moved under
its own power; or
D. The owner, captain or operator of the vessel has failed or refused
to comply with the lawful orders of the Harbor Master, Assistant Harbor
Master or a law enforcement officer. A violation of this section will
have a mandatory minimum fine of $250 that may not be suspended;
E. The owner of the vessel has failed or refuses to pay any applicable
license fee, excise tax, harbor usage fee, mooring fee, dock or landing
fee or any other service fee imposed by the City or Harbor Master.
A violation of this section will have a mandatory minimum fine of
$250 that may not be suspended.
F. Disclosure of vessel ownership. This section requires the disclosure
of ownership of any vessel operating within the statutory limits of
the City of Saco and further requires all corporate, partnerships,
trusts and any other nonindividual, including those persons undisclosed,
anonymous or otherwise unidentifiable principals, responsible for
the maintenance of property and vessels and accountable with respect
to violations of this chapter.
G. Order of disposal; abatement of violation by the City and recovery
of costs.
(1) When the Harbor Master, after notice in writing to the owner of any
derelict vessel by regular mail or by publication in a newspaper in
the county three weeks successively, and after a hearing on such matter,
adjudge that such vessel was or is derelict, dangerous or a nuisance,
they may make and record an order prescribing what disposal shall
be made thereof. The City Clerk shall deliver a copy of such order
to a constable or deputy sheriff, who shall serve such owner, if the
owner is a resident of the state, with an attested copy thereof, and
make return of his or her actions thereon to the Clerk forthwith.
If the owner or part owner is unknown or resides outside this state,
such notice shall be given by publication in a paper published in
the county for three successive weeks.
(2) If no application is made to the superior court, as is provided in
this section, the City Council shall cause such vessel to be abated,
removed or altered in compliance with its order, and all expenses
thereof shall be repaid to the City within 30 days after demand, or
may be recovered of such person by an action for money paid.
(3) Any owner aggrieved by an order made pursuant to this section may,
within 30 days after such order is so made and filed, apply to the
superior court which shall forthwith, after notice and hearing, affirm,
annul or alter such order.
(4) If the court affirms an order made pursuant to this section, costs
shall be recovered by the City; if it wholly annuls such order, the
applicant shall recover costs; and if it alters it in part, the court
may render such judgment as to costs as justice requires.
No person shall obstruct a wharf, dock, landing or pier by intentionally
or knowingly:
A. Obstructing, by any means whatsoever, the free use of any public
wharf, dock, landing or pier and is not actively engaged in the loading
or unloading of persons, product or cargo; or
B. Allowing a vessel under that person's control or ownership to remain
tied, moored or affixed to a public wharf, dock, landing or pier without
legal authorization from the City or payment of docking fees.
No person, firm, or organization may intentionally, knowingly
or recklessly obstruct a channel or the inner harbor by:
A. Setting any commercial fishing gear within the inner harbor or a
channel; or
B. Place or set any lobster traps, including buoys, within 100 feet
of a mooring; or
C. Place, stop, or anchor any vessel within a channel without providing
for adequate room for a vessel of any reasonable size to navigate
safely around in both directions simultaneously.
D. Knowingly or willfully obstruct the free use of any channel or waterway
within the harbor.
No person shall operate a vessel without meeting current state
law. Operation of a vessel without proper safety equipment, a violation
of this section, shall have a mandatory minimum fine of $150 that
may not be suspended and a citation may be issued for each piece of
equipment that is missing, not in proper working order or in poor
condition.
[Amended 2-3-2014]
Personal property, such as lobster pots, automobiles, cradles,
boats, etc., shall not be stored on City wharves or landings or within
the Camp Ellis parking lot. Exemptions to this rule shall be considered
on an individual basis when submitted, in writing, to the Harbor Master.
The hauling-out area at Camp Ellis will be under the jurisdiction
of the Harbor Master.