Town of
HARBOR
ORDINANCE
As Approved November 19, 2003 &
Amended March 7, 2007
7. Appeals of Decisions of the Harbor Master
The
purpose of this ordinance is to establish the rules by which the Town of
A. The selectmen shall appoint
a harbor master annually pursuant to 38 MRSA § 1. The harbor master will take office on July 1
of each year. He will have the duties
and powers prescribed by law and this ordinance.
B. The selectmen may appoint a
deputy harbor master to act in case of the harbor master's absence or
disability.
For
the purpose of this ordinance the harbor limits shall be: Beginning at the mean
high water mark at a point in Eastern Bay at the Eastern Boundary of Lamoine
State Park (N 44· 26' 58", W 68·
17' 47") and proceeding southerly 2250 feet to the Lamoine/Bar Harbor Town
Line (N 44· 26' 35", W 68· 17' 47"); then proceeding along the
Lamoine/Bar Harbor Town Line 2250 feet generally northwesterly to a point (N
44· 26' 42", W 68· 17' 58"); then proceeding northerly 2750' to mean
high water mark of the Western Boundary of Lamoine State Park (N 44· 27'
10", W 68· 17' 58"); then along the mean high water mark to the
beginning.
A. No person shall place a
mooring within the harbor limits as described above unless;
1. He or she has filed an
application for a permit with the harbor master or town clerk, setting forth
such information as shall be requested.
2. The harbor master or town
clerk has issued a written permit to the applicant, stating the location of the
mooring.
B. Any permit issued pursuant
to part A above shall not exceed one year.
1.
A person receiving a mooring permit shall, within two years of initial
issuance, register with the Lamoine Town Clerk or document with the United
States Coast Guard a vessel to utilize the mooring. Failure to register or document AND pay
excise tax for a vessel within two years of original mooring permit issuance
shall be cause for forfeiture of the permit. Lobster car moorings shall present
proof of compliance with Section 4G below and are not subject to
registration/excise tax.
2.
No individual shall hold more than two (2) mooring permits at a given
time.
3.
A permit holder must attain the age of 18 prior to application for a
mooring permit in order to hold a mooring permit without written
parental/guardian permission. A minor may obtain a mooring permit with the
written permission of their parent or legal guardian. The parent or legal guardian shall share
responsibility for adherence to all regulations within this ordinance. Residency of the parent or legal guardian
shall be the determining factor for the minor’s residential status (See section
4F). A minor shall be considered a separate individual for the purposes of
section 4B2 above.
C. No mooring ropes of a type
that float, including but not limited to polypropylene rope, shall be used
within harbor limits.
D. The harbor master is
empowered to require that any mooring be moved at any time at the owner's
expense. Failure to move or remove a
mooring at the request of the harbor master will be a violation of this
ordinance.
A. Vessels shall be operated
within harbor limits in a safe and prudent manner. No person shall operate a vessel within
harbor limits in a manner which threatens danger to any person or property, or
which causes excessive wash or wake.
B. All mooring balls shall be
white in color with a blue stripe painted around the entire ball. The mooring ball shall display the permit
number associated with the mooring in a manner prescribed by the Harbor Master.
C. Any tender tying up to a
mooring shall display the permit number on the tender in addition to any boat
registration number. Tenders on shore
shall also display the corresponding mooring permit number. Failure of tenders
to display a permit number shall be considered grounds for declaring said
vessel a derelict boat pursuant to 38 MRSA § 9
D. Mooring blocks, mushrooms,
chains and ropes are the private property of the permit holder. Such mooring equipment is subject to
inspection by the Harbor Master pursuant to 38 MRSA §1 et seq. As such
equipment is private property it may be sold by the owner to any party, but
must be properly removed from the assigned mooring spot if the new owner is not
the newly assigned permit holder.
Each applicant for a mooring at
Lamoine harbor shall pay a fee of $15 to make application and a fee of $50
for a mooring permit. Fees established
by this ordinance may be increased or decreased by the Lamoine Board of
Selectmen. All fees accrue to the Town
of
Any person may appeal a decision of
the harbor master to the Lamoine Board of Selectmen. Any such appeal shall be made within ten days
after the date upon which the person is notified of the decision of the harbor
master if the notification is verbal or in a written form that is personally
delivered. If the harbor master's
decision is mailed, the person shall have 13 days from the date of mailing to
appeal the decision.
Appeals
shall be in writing, and shall state in detail (1) the intended conduct of the
appellant; (2) the decision of the harbor master; and (3) a statement setting
forth the reasons why the decision of the harbor master is not consistent with
this ordinance or with state or federal law.
The applicant or the harbor master may request a hearing, when he or she
will appear in person or with witnesses, and state their case through oral
testimony or other evidence. An appeal
of the decision of the Selectmen may be taken pursuant to rule 80B of the Maine
Rules of Civil Procedure.
Any person who violates any part of
this ordinance shall be liable to the Town of
A. The minimum penalty for a
specific violation shall be $25 and the maximum penalty shall be $2,500. Each day that the penalty exists shall be a
separate violation.
B. In addition, the offender
shall pay to the Town of
If any part of this ordinance shall
be found to be in violation of law, then the remaining parts of this ordinance,
not found in violation of law, shall remain in effect.
The
effective date of this ordinance is 15 days after initial enactment by a
properly held Lamoine Town Meeting.
Town of
Application Fee: $15.00
Permit Fee: $50.00
Please print or type
Date of application:
__________Boat use: Personal Commercial Other
Boat Reg/Doc.# ____________
Boat Name: _____________________
Please include if applicable proof of excise tax
payment
Owner's Name __________________________ Phone #__________________
Owner’s Date of Birth_________________________
Address:
______________________________________________________
Winter Address:_________________________________________________
Description of boat:
Color: ___________ Length:
___________
Type of Propulsion: __________________ Type of Boat:
______________
Applicant's Signature:_________________________ Date:_______________
If under 18 years old, Parent/Guardian
Signature_________________________
*******************************************************************************************
For Harbor Master's use only:
Date Application Received: ________ Total Fees Received: _________
Application was : approved approved with
conditions denied
Waiting List _____ #
Position Resident Non-Resident
If conditions, please list Reasons
for denial
_____________________________ ____________________
_____________________________ ____________________
Harbor Master's Signature_____________________
Date:________________
Town of
Mooring Permit
For the sum of $50, the
(Name
of permittee): ___________________________________________ of
(Address:)______________________________________________________
to
place a mooring in the waters off
The owner shall be responsible for
the following:
1. Compliance with all federal,
state, and local laws, rules and regulations;
2. Maintenance of the vessel in a seaworthy
condition;
3. Protection from hull damage to own and other
vessels;
4. Set and maintain a safe mooring.
The owner further agrees to hold the
municipality, it's employees, agents, or designees harmless from any damage,
risk, or liability as a result of the authorization.
Boat
Information:
Reg.
# ______________ Exp.
date:_________________
Make_________________ Length:____________________
Hull_________________
Signature_______________________________Date:_______________
This permit is non-transferable and
is for the use of the above named person only, except on a temporary basis at
the discretion of the Harbor Master or designee.
Holder of permit is responsible to
set mooring and make adjustments as required for the safety of all adjacent
boats. Each mooring float must be marked
with the permit number in at least three inch numbers.
Signature Page
We, the undersigned Selectmen of
Lamoine do certify that on November 19, 2003, a majority of voters attending an
open town meeting approved of an amendment to the Town of
/s/ S. Josephine Cooper, Chair, Board of Selectmen
/s/ Glenn Crawford, Selectman
/s/Thomas
Spruce, Selectman
Amended
Date: March 7, 2007 Approved at a special town meeting:
/s/
S. Josephine Cooper, Chair
/s/
Brett Jones
/s/
Cynthia Donaldson
/s/
Richard Fennelly, Jr.
/s/