Town of Eastport, ME

“FINAL DRAFT” – 06/27/07

HARBOR ORDINANCE

CITY OF EASTPORT

Amended 09/12/05 (tentative)

Amended 07/26/07 (proposed)

Adopted 12/10/07

HARBOR ORDINANCE

OF EASTPORT, MAINE

TABLE OF CONTENTS

ARTICLE DESCRIPTION PAGE

PURPOSE …………………………………………………. 3

DEFINITIONS ……………………………………………… 3

HARBOR COMMITTEE ………………………………….. 4

HARBOR MASTER ………………………………………. 5

RULES FOR HARBOR USE ……………………………. 6-8

PENALTIES ……………………………………………….. 9

BERTHING REGULATIONS & FEES …………………. 10-11

SUBLEASING BERTHING SPOTS…………………….. 11

MOORINGS…………….. ………………………………… 12

AQUACULTURE …………………………………………… 12

SEPARABILITY ……………………………………….. 14

………………………………………………………………..

FEE STRUCTURE “A” ……………………………………………… 14

HARBORMASTER JOB DESCRIPTION“B”……………………… 15-16

ASSISTANT HARBORMASTER DUTIES …………………………. 17

BERTHING APPLICATION ………………………………………….. 18-19

HARBOR ORDINANCE

CITY OF EASTPORT

1.1 The purpose of this ordinance is to provide for the just and orderly operation of marine activities in Eastport’s waters, harbor, and breakwater channel.

Channel – From the entrance to the inner basin formed by the Breakwater and Fish Pier, there shall be a channel 35 feet wide, extending to the float at the Breakwater. The channel centerline shall start at a point midway between the southerly end of the Breakwater and the end of the Fish Pier.

Breakwater – The “L” shaped pier located off Water Street at the intersection off Sullivan Street.

Fish Pier – The pier located off Water Street at the Parking Lot.

Harbor – Eastport’s harbor shall include the waterfront as described by State Law Title 38 and Pages 3 & 4 of Bulletin 648 “Guide for Harbor Management”.

Eastporter – 1 – Resident of or businesses incorporated in, Eastport engaged in water based commercial business, i.e. Commercial fishing, Boat Charter, Tug Boat, Diving, etc. with Eastport Boat Excise Tax.

Eastporter – 2 – Resident of Eastport with non-commercial or pleasure boats, with Eastport Boat Excise Tax.

placePlaceNameCobscook PlaceTypeBay Area – Resident of Perry, Pleasant Point, Pembroke, Dennysville, Edmunds, Whiting, or Lubec.

Non-Resident – All others.

Waters – Eastport’s waters shall include that area of water to the high tide level within Eastport’s legal boundaries.

Vessel – includes boats of all sizes powered by sail, machinery, or hand; scows; dredges; lobster, crab, and shellfish cars; or craft of any kind.

3. HARBOR COMMITTEE

3.1 Membership – There shall be a permanent harbor committee composed of seven (7) members appointed by the City Council upon the recommendation of the Port Authority. The committee members shall include a member of the Port Authority, a City Council member, the City Manager, and four members at large representing various aspects of marine use.

3.2 Purpose – The committee exists for the general purpose of studying and evaluating public usage of and access to the harbor area, advising Port Authority Board on policy matters and proposed regulations concerning the harbor, planning and implementing harbor improvements in conjunctions with the Harbor Master, and overseeing the care and maintenance of City-owned waterfront facilities. The Committee shall also sit as an appeals board to hear an appeal from any person aggrieved by any decision, act, or failure to act of the Harbor Master. The Committee shall regularly inform the Port Authority Board of its activities.

3.3 Conflict of Interest – Any questions of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon shall be decided by a majority vote of the members, except the member who is being challenged.

3.4 Removal – A committee member may be removed by the City Council upon the recommendation of the Port Authority if she/he fails to attend three (3) consecutive meetings of the Committee without being excused by the Committee.

3.5 Terms – The term of office shall be three (3) years for members at large except the initial appointments which shall be as follows: two (2) members for three (3) year terms, one (1) member for a two (2) year term, and one (1) member for a one (1) year term. The other three (3) members shall be appointed for one year terms.

3.6 Meetings – The Harbor Committee shall meet ~~on the third Monday of the month @ timeMinute0Hour175:00 P. M. Unless an emergency exists, meetings not held due to holidays or inclement weather shall not be rescheduled~~. At the request of the Harbor Master with notice for said meeting being made by regular posting at least one week in advance.

4. Harbor Master

4.1.1 Harbor Master – The Harbor Master is appointed by the City Council upon the recommendation of the Port Authority. Certain duties and responsibilities of this

office are prescribed by Title 38, Maine Revised Statutes Annotated. The Harbor Master has the additional duty to administer and enforce the provisions of this

Ordinance and any future amendments.

4.1.2 Harbor Master Salary – “See Appendix B”

4.2 Assistant Harbor Master – An Assistant Harbor Master shall be nominated by the Harbor Committee in consultation with the Harbor Master and appointed by the

City Council upon the recommendation of the Port Authority.

4.2.1 Assistant Harbor Master Salary – “See Appendix B”

4.3 Administrative Assistance – The Harbor Master may utilize the City Hall and Eastport Port Authority for assistance in the administrative aspects of his/her responsibilities.

5 Rules for Harbor Use

5.1 Prudent Operation of vessels – Vessels shall be operated in Eastport’s waters in a reasonable manner so as not to endanger persons or property. In special anchorage areas, narrow channels and congested mooring or berthing areas, the speed of all boats shall be reduced to headway seed. For the purpose of this ordinance, headway speed is the slowest speed that a power boat may be operated and maintain steerage way. Provisions of Title 38 Sub Chapter VIII shall apply.

5.1.1 Free passage – No person shall restrict the legal passage of any watercraft by any means within the waters of the City of Eastport.

5.2.1 No person shall permit or cause the abandonment of any boat, raft, float, or solid debris, or permit the same to become derelict upon the shores or in the waters of the City of Eastport.

5.2.2 No person or vessel shall cause to be deposited into the waters of the City of Eastport any substances tending to obstruct the navigation of said waters, or to shoal the depth of said waters, or to pollute the waters thereof.

5.3 Docking & Mooring

5.3.1 Docking and mooring of watercraft shall be under the control and supervision of the Harbor Master. The Harbor Master shall have all the powers, vested in him/her by Maine State Statues and this ordinance, to move any vessel or mooring deemed to be in violation of this Ordinance or State Statute.

5.3.2 Use of float ramps for loading, unloading and repairs scheduled through the Harbor Master.

5.4 Rafts & Barges – Shall be subject to all the provisions herein regarding vessels, except those provisions, which by their very nature can have no application.

5.5 Rules In Common

5.5.1 The Harbor Master has full jurisdiction over the Inner Place Basin, Breakwater, Fish Pier, all floats (North and South side) and moorings in the City of Eastport, for the purpose of enforcement of all Federal, State, and Local laws and regulations.

5.5.2 Any boats in violation of these rules will be subject to being removed by the Harbor Master at owner’s risk and owner’s expense. For repeated violations, the Eastport Port Authority may terminate the assigned berth and retain berthing fees paid. Claims for unpaid fees shall be submitted to Small Claims Court.

5.5.3 Any boats taking another boat’s assigned berth and left unattended will be removed at owner’s risk and owner’s expense.

5.5.4 All boats that are berthing in the Inner Basin or along the Breakwater must;

5.5.4.1 have current excise tax paid

5.5.4.2 have current registrations stickers

5.5.4.3 have registration numbers displayed

5.5.4.4 have current Eastport registration sticker – when available

5.5.4.5 be in compliance with all other Federal, State, and Local laws, regulations, and ordinances.

5.5.5 All boats will have and use the bow and stern lines with length of each not less then ¾ of the length of the boat and a diameter of not less than;

5.5.5.1 3/8” for up to 20’ boats

5.5.5.2 1/2” for 21’ to 40’ boats

5.5.5.3 5/8” for 41’ to 60’ boats

5.5.5.4 Boats in violation of this section 5.5.5.1 through 5.5.5.3 ~~will~~ may have the ropes replaced by the Harbor Master and billed for materials and labor. A verbal/written notice will be issued with replacement to occur within 24 hours.

5.5.6 All boats will be maintained and capable of being utilized at any time without endangering the welfare of the user. Special exceptions for boat repair and maintenance may be granted by the Harbor Master.

5.5.7 To the extent that space is available and according to any berthing arrangement which the Harbor Master or Port Authority may establish, both municipal piers may be used for the docking of all water crafts which can safely do so without endangering the safety of water craft already docked there or doing any damage to either pier.

5.5.8 Any damage to the Breakwater, the float piers, or other property shall be paid for by the owner of the boat responsible for the damage. Repairs to City of Eastport property shall be undertaken by the Eastport Port Authority or the Harbor Master, and cost thereof paid for by the responsible party.

5.5.9 Boats assigned to rafted berths will have bow and stern lines from the outside boat to the pier along with bow and stern lines to the next boat in. Rafted boats are assigned by row but not by position, it is up to the assigned boats to work out a workable agreement. If a workable agreement cannot be reached, assignment will be made by the Harbor Master.

5.5.10 The use of the Municipal Piers for loading and unloading by watercraft shall be subject to reasonable regulation by the Port Authority. The Port Authority reserves the right to charge a users fee for berthing privileges, use of the upper surface of both piers, or for cargo passing over either pier.

5.5.11 Any vessel engaging in commercial berthing operations shall be required to be adequately insured and show a certificate of insurance for such activity. The vessel will also be required to show the Eastport Port Authority as an additional insured as it pertains to Protection and Indemnity (P&I.) for any and all exposures of the Eastport Port Authority as a result of said operations. This is not meant to include regular loading/off loading of commercial vessels as part of standard commercial fishing operations not involving the public. In cases needing clarity, insurance requirements shall be determined by review of the Eastport Port Authority prior to any commercial berthing operations commencing.

5.5.12 No boat owner or user shall deposit any scrap metal, garbage, petroleum products, fish waste, toxic chemicals, or other debris on the Breakwater, floats, or in the water adjacent to the Breakwater.

5.5.13 A vessel may be denied access to either municipal pier for the following reasons; the vessel

5.5.13.1 is structurally unsafe.

5.5.13.2 utilizes a wood stove for heat.

5.5.13.3 manates noxious fumes, oils or other substances.

5.5.13.4 carries anyone on board who has contracted an infectious disease.

The Harbor Master, upon learning of such, must so report to the Bureau of Public Health, Dept. of Human Resources as required by MRSA – Title 22.

5.5.14 The Port Authority may from time to time or for special circumstances modify these regulations so as to allow Fourth of July celebrations, fishing derbies and such to be carried out in traditional fashion w/o being in violation of these regulations, provided any special conditions established by the Port Authority are adhered to.

5.5.15 Before receiving a berthing assignment, every applicant shall pay the fee required in “Appendix A” of these regulations and execute a “Berthing Agreement” on a form to be provided by the City of Eastport in which the boat owner agrees to abide by the regulations described herein.

5.5.16 No gear may be stored on the slip without permission of the Harbor Master.

6.1 Except as enumerated elsewhere in this ordinance or as stated by the Maine Revised Statutes, violation of this ordinance shall be punishable as follows: Any person who shall violate any provision of this ordinance shall be punished upon conviction, by a fine of not less than ~~ten ($10.00)~~ one hundred dollars ($100.00) and not more than ~~one hundred dollars ($100.00)~~ one thousand dollars ($1000.00) (07-26-07) and all fines shall be remitted to the Eastport Port Authority. Each day that such violation continues to exist shall constitute a separate offense. The Harbor Master or any other law enforcement officer with jurisdiction within the City of Eastport shall have the authority to enforce this ordinance.

6.2 Penalties for violations of the laws of placeStateMaine with regard to speed restrictions, reckless operations of a vessel, and operation of a vessel while under the influence of liquor or drugs shall be as provided in Title 38 MRSA Sect. 255.281, as amended.

6.3 Failure to obey any order of the Harbor Master ~~will~~ (MAY07-26-07) be subject to criminal prosecution under Title 38 Section 13.

6.4 If the Harbor Master incurs costs in the conduct of his duty as a direct result of the failure of a vessel owner or operator to comply with the laws and regulations, the Harbor Master will recover those costs and reasonable remuneration from the governing agency. The governing agency can recover these costs by filing a civil complaint against such owner or operator in District Court.

6.5 The Eastport Port Authority reserves the right on any and all occasions or instances to revoke berthing privileges of any person(s) or vessel(s) found to be in violation of this ordinance. (dateYear2007Day26Month707-26-07)

6.6 Except where enumerated elsewhere, any person(s) or vessel(s) found in violation of this ordinance may appeal the finding to the placePlaceNameEastport PlaceTypePort Authority Board. Notice of intent to appeal must be filed and delivered in writing to the Port Authority Office no later than 15 days from date or occurrence to include date of occurrence. Failing to do so will result in the loss to right of appeal. Should violation be prosecuted through the Maine State Court system, appeals process is through Court System only. (07-26-07)

7. Annual and Seasonal Berthing Regulation & Fees

7.1 Priority for Berthing Spaces

Berthing spaces shall be assigned by the Eastport Port Authority and/or the Harbor Master. Primarily, the North side of the Breakwater, along with the North & South side of the Fish Pier, shall be reserved for pleasure and transient craft and the placePlaceNameInner PlaceTypeBasin facility for commercial operations and the Coast Guard. Use of the Fish Pier and the South end of the Breakwater shall be scheduled with the Harbor Master. Special circumstances berthing assignments shall be at the discretion of the Harbor Master. The following descending list of priorities shall be used in the event of shortage of berthing space.

7.1.1 Eastporter – 1

7.1.2 Eastporter - 2

Cobscook PlaceTypeBay Area

7.1.4 Non-residents

7.2 Retention of Berthing Slots

7.2.1 All berths shall be renewable annually by the original licensee upon;

7.2.1.1 Payment of the appropriate fee,

7.2.1.2 Notification of intention to renew at least 30 day prior to season start. This to include annual and seasonal berths. Billing notices shall be sent by Eastport Port Authority no later than 45 days prior to applicable season start. (07-26-07)

7.2.1.3 Completion of the necessary forms,

7.2.2 The right to renew is nontransferable.

7.2.3 When available, those with an annual berthing slot in the inner basin may move to an outside seasonal berth, charged for said berth as a complete season as described in appendix “A”. In doing so they relinquish the right to the inner berth for said season. In turn the fee for the inner basin berth will be pro-rated and charged at an 8 month consideration for berthing and electrical(if so equipped). The Eastport Port Authority reserves the right to re-sell the inner basin berth as a seasonal berth as described in appendix “A” with the berth reverting back to original lessee at the end of seasonal term.

7.3 Berthing Fees

7.3.1 The rates in “Appendix A” shall be charged by the Eastport Port Authority for the berthing inside and outside breakwater at either the northern or southern ends of the Breakwater, the fish pier, the fish pier floats and/or float on the North side of the Breakwater.

7.3.1.1 Inner basin berths are sold on a calendar year consideration. Berths issued within the calendar year will be pro-rated to the end of current year. Inner basins can be transferred to seasonal on a first come first serve basis as described in Section 7.2.3.

7.3.1.2 Seasonal Berths are sold for a seasonal period as listed in Appendix “A”. Seasonal berths issued within the defined “season” will be pro-rated on a monthly basis with any period within any given month would constitute full month billing. Any vessel staying over the seasonal period as defined may be charged transient rates for each day remaining at the seasonal berth.

7.3.1.2.1 Due to the nature of the weather and other circumstances, the Eastport Port Authority reserves the right to modify seasonal time parameters as duly necessary. As a result vessels may be required to vacate berth to accommodate these needs. In the instance that a season is shortened as a result of these needs, the Eastport Port Authority shall pro-rate the berthing fee accordingly.

7.3.1.2.2 Seasonal Berths may be issued at the Large Vessel Attenuators located on the north side of the Fish Pier with seasonal price reduction as listed in Appendix “A”. This is done with the following considerations:

7.3.1.2.2.1 Vessels are subject to being moved when necessary for the Eastport Port Authority to accommodate a transient vessel in excess of 65 feet. Vessels when moved shall be placed at a temporary alternative spot as determined by the Harbor Master with order of preference being other seasonal berth, inner basin to include rafted/nonrafted or mooring. Vessel will not be charged for temporary berth.

7.3.1.2.2.2 Vessels shall be subject to move as soon as reasonable possible, to include being moved by the Harbor Master. In the case of a move done by the Harbor Master, vessel owner agrees to indemnify and not hold Harbor Master and Eastport Port Authority liable for damages or costs incurred other than those caused by negligence. Vessel owner(s) will be required to sign a waiver indicating such prior to berth issuance.

7.3.1.2.2.3 Vessels can be returned to Attenuator Berth by owner as soon as berths are again deemed available by Harbor Master.

7.3.1.2.2.4 In the case of extraordinary times of displacement, the Harbor Master has the authority to issue a credit for fees paid by berthing vessel.

7.3.1.3 Any annual or seasonal berth vacated by choice of lessee prior to end of term may be subject to pro-rated refund so long as the Eastport Port Authority can fill said berth for remainder of said term. (07-26-07)

7.3.1.4 Transient Berths are sold at either a daily, weekly or monthly rate as listed in Appendix “A”.

7.3.2 Transient ~~These~~ rates shall apply to short term berthing at the East side of the Breakwater when it is not being used for commercial ships or barges and when approved by the Harbor Master.

7.3.3 A fee shall be assessed for the use of all electrical power. ~~other than general maintenance and pre-approved temporary usage.~~ Rates are charged as listed in appendix “A”. Electrical use will be governed as follows;

7.3.3.1 Each vessel wishing to utilize power will have the responsibility of making individual arrangements for such with the Eastport Port Authority prior to usage. Payment for such must be in full prior to Port Authority authorization.

7.3.3.2 Vessels will be responsible for there own electrical hook-up and will keep in good working order. This to include utilizing appropriate equipment as determined by Harbor Master in consultation with Master Electrician. (07-26-07)

7.3.3.3 Sharing of power between individual vessels is strictly prohibited.

7.3.3.4 Any vessel/vessels found in violation of this ordinance shall be subject to immediate loss of berthing and be therefore subject to re-application and approval for berthing space.

7.3.3.5 Recognizing the nature of extenuating circumstances the Eastport Port Authority reserves the right to review each individual circumstance prior to berthing loss. In case of extenuating circumstances post billing of electrical service may be applied if necessary. Extenuating circumstances may not be considered if notice of said circumstances is not made to the Harbor Master or Port Authority in a timely manner. Most generally, timely is considered with-in 24 hours of occurrence.

7.3.3.6 Fact finding in this matter will be at the sole decision of Harbor Master and not subject to further review.

7.4 PAYMENT SCHEDULES

7.4.1 ~~Payments for berths are due 30 days before the beginning of the next berthing period.~~ Payment is due in full for all berths prior to berthing or as follows:

7.4.2 Annual berths are eligible for payment plans not to exceed 6 months. Such plans must be agreed upon prior to berthing, or in case of renewal within the 30 day renewal notification ~~payment~~ period. (07-26-07)

7.4.2.1 Annual berths paid in full within 30 days of billing will be subject to annual discount rate.

7.5 If any payment is not received by its due date, a letter will be sent requesting payment within 14 days. At the end of the 14 days, another letter will be sent informing the owner that the boat will be removed and/or the berth forfeited within 7 days unless payment is received. This may also be considered a failure to obey an order of the Harbor Master. Exceptions in cases of hardship are at the discretion of the Harbor Master with appeal rights to the Harbor Committee.

7.6 Harbor users who have not paid for a previous season’s use of the harbor will be denied further access to the harbor until the bill for the previous season has been paid.

7.7 Annually, the Port Authority Board; upon a recommendation by the Harbor Committee, may offer a ~~reduction~~ change in fees.

8. Subleasing of Berthing Spots

8.1 All arrangements for subleasing will be through the Eastport Port Authority and approved by the Harbor Master.

9.1 As of date January 1, 1988, all moorings located in waters within the jurisdiction of the City of placeCityEastport will be registered with and approved by the Harbor Master.

9.2 Any mooring not registered or approved will be removed by the Harbor Master and all costs incurred will be paid by the owner.

9.3 Fee Schedule – See “Appendix A”

9.4 All existing moorings and all moorings to be set in the future shall be of sufficient size to hold the vessel for which they are to be used. All moorings shall be approved by the Harbor Master. Boat and/or mooring owners may be liable for any damage caused by faulty, inadequate, or improperly placed moorings.

9.5 At the expense of the owner, all moorings are subject to inspection before installation and yearly thereafter by the Harbor Master.

9.6 All mooring buoys will be white with blue stripe.

9.7 All moorings will display the registration number, which is supplied by the Harbor Master in 3” minimum black numbers on the white exposed section

9.8 All moorings are subject to all applicable Federal, State, and Local laws, regulations and ordinance.

10. Aquaculture

10.1 All aquaculture sites located in waters within the jurisdiction of the City of Eastport will be registered with and approved by the Harbor Master.

10.2 Fee Schedule – See “Appendix A”

10.3 All aquaculture sites are subject to all applicable Federal, State, and Local laws, regulations and ordinances.

11. Separability

11.1 If any section or provision of this ordinance is declared by the Courts to be invalid, such decision shall not invalidate any other section or provision of this ordinance.

11. Effective Date

11.1 This document shall be effective immediately upon being approved by the City Council of the City of Eastport ~~Eastport Port Authority Board~~. Fees for the current period that has been paid prior to the adoption of this ordinance shall not be subject to increases.

Nothing contained herein shall prevent the City of Eastport ~~Eastport Port Authority~~ from amending this ordinance including reduction or elimination of finger piers and/or increasing fees charged. However, a public hearing will be held on any proposed amendment.

APPENDIX “B”

HARBOR MASTER JOB DESCRIPTION

Harbor Master Duties

The Harbor Master is an employee of the Eastport Port Authority, recommended by the Harbor Committee, approved and appointed by the City Council upon the recommendation of the Port Authority, supervised and reports directly to the Port Director.

Enforces locally adopted rules and regulations pertaining to harbor management, duties as described in Maine Title 30-A Section 4452, and other duties as may be deemed appropriate by the Port Director.

Works with the Port Authority to ensure proper enforcement of its rules and regulations.

Assigns mooring site, maintain chart assignments, and notify abandoned, and improperly or illegally placed.

Removes mooring systems that have been neglected, abandoned, and improperly or illegally placed.

Supervises activities and oversees docking at the inner basin, North and South ends of the breakwater and at the fish pier.

Maintains waiting list for berthing and oversees allocation of available berthing and mooring sites.

Determines whether potentially derelict or abandoned watercraft should be permitted to enter or rain in harbor.

Performs routine checks of the inner basin and harbor area on a daily basis and on an as needed frequency during storm emergencies.

Collects transient boat fees according to the ordinance.

Reports monthly to the Harbor Committee and Eastport Port Authority.

Maintains routine contact with the Port Director as to the status of operations at the breakwater and fish pier.

Works with the collections to maximize the efficiency of the billing, budget, and legal actions necessary to operate the harbor.

Abilities and Skills

Must have a thorough understanding of coastal issues such as boating, fishing, maintenance, tourism, and the overcrowding of facilities and waterways.

Must have an ability to work productivity with people and treat them equitably.

Must have the ability to be firm in the resolution of docking issues and collection of overdue revenues.

Must have administrative skills in billing and collections, information analysis and report writing

Must have the ability to understand and implement local, State, and Federal rules, regulations, ordinances and statutes.

Must be willing to work long and random hours from time to time and to be on call as necessary.

Minimum Preferred Qualifications

High Scholl Diploma or equivalent

Experience and /or education in waterfront management issues

Harbor Master Certification

Valid Maine State Drivers License

Able to pass a Pre-employment physical

Harbor Master Salary

$100 per week stipend - $5,200 Annually.

All project work will be negotiated and contracted with the Harbor Master and Harbor Users on a competitive basis with consideration towards bidding out projects.

50% of transient fees during seasonal operations.

Assistant Harbor Master Duties

The Assistant Harbor Master is an employee of the Eastport Port Authority, recommended by the Harbor Master Committee, approved and appointed by the City Council upon the recommendation of the Port Authority, supervised and reports directly to the Port Director.

The Assistant Harbor Master performs the duties of the Harbor Master as designated by the Harbor Master or in the absence of the Harbor Master.

Assistant Harbor Master Salary

$7.50 per hour for scheduled nominal work requirements.

50% of transient fees collected – when filling in for Harbor Master.

EASTPORT PORT AUTHORITY