A. 
This article shall be known and may be cited as the "Harbor Management Ordinance."
B. 
The provisions of this article and any rules and procedures adopted pursuant thereto shall be applicable and shall govern the use of the Middletown Harbor Management area as defined in this article.
C. 
If any provision of this article is held invalid or inoperative, the remaining provisions shall continue in full force and effect.
D. 
The Harbormaster and any police officer of the City of Middletown shall have full authority to enforce this chapter and cite any alleged violators of this article.
E. 
Nothing herein contained shall bar or prevent the Harbormaster or any of his deputies from performing these duties which have been assigned to him in accordance with the General Statutes of the state.
The "Harbor Management Area" (hereinafter "HMA") for the purpose of this article and to define the jurisdiction of the Harbor Management Commission, is defined to include the following: Connecticut River, Sumner Brook, Mattabeset River and Coginchaug River.
A. 
Any violation of this article shall result in a fine as provided in § 214-36. Each day in violation shall be considered a separate repeat offense and subject to separate citations. The provisions of this section are in addition to any penalties resulting in simultaneous violations of state or federal laws.
B. 
Persons using any public facility and water area within the HMA shall assume all risk of personal injury and damage or loss to their property. The City of Middletown assumes no responsibility for losses due to accident, fire, theft, vandalism or acts of God.
C. 
Each operator of a waterfront facility, each waterfront property owner and any other user of the HMA is responsible for maintaining his or her property and operation in a safe, clean, attractive condition.
D. 
Whether boating is permitted and the manner in which boats may be used shall be so posted. The operation of any vessel in any manner that unsafely interferes with free and proper uses of the HMA or endangers the users of the HMA or any property on, in or contiguous to the HMA is hereby prohibited.
E. 
Vessel speed. The operation of any vessel, including personal watercraft, within the HMA in excess of established speed limits or in a manner to create an excessive wake shall be in violation of this section. The speed of all vessels in the HMA as defined in this chapter shall be limited to six miles per hour or to a speed that will not cause an excessive wake, whichever is the lesser speed. Any person operating a vessel within the HMA at such a speed as to cause a wake shall be held responsible for any damage caused by that wake.
F. 
Damage to harbor facilities or other property. It shall be unlawful to willfully or carelessly destroy, damage, disturb, deface or interfere with any public or privately owned facility or property in the HMA.
G. 
Obstruction of facilities. No boats of any kind shall be fastened to any City park pier or any City beach dock or any City crew dock or anchored in any area so as to prevent free access to such area. It shall be a violation of this article for any person willfully to prevent any other person from the lawful use of any assigned or public mooring, anchorage, pier, dock, boat launch or other marine facility. No vessel shall be moored or anchored so as to interfere with the free and unobstructed use of any channel, fairway or berthing space. Anchoring in the Federal Navigation Channel except for emergency or inspection purposes with specific authorization from the Harbormaster is prohibited. No docking after 2:00 a.m. is permitted without the prior written approval of the Harbormaster; provided, however, that such permission shall not be granted to dock for a period of more than seven consecutive days. No semipermanent or seasonal docking is permitted.
H. 
Waterskiing is prohibited in the HMA.
I. 
Swimming and underwater diving is prohibited in the HMA. Underwater diving is prohibited in the HMA except for emergency, maintenance or inspection purposes.
J. 
Fishing in the HMA shall not impede navigation. Vessel-based fishing within the designated channels, fairways or anchorage areas in a manner that provides a hazard to navigation is prohibited.
K. 
Board sailing within the HMA in a manner that creates a hazard to navigation is prohibited.
L. 
Use of vessels as abodes. Floating homes are prohibited from berthing or mooring in the HMA. The use of any vessel in the HMA as an abode or floating home is prohibited. Sleeping aboard transient vessels is permitted for a maximum period of seven days unless such period is extended by special permission of the Harbormaster.
M. 
Identification of vessels. All vessels (except transient vessels and tenders used to reach larger vessels) moored or tied up to wharves, piers or docks in the HMA shall maintain the following identification: Federal or Connecticut state registry number or Connecticut use decal registration as reported to the Harbormaster; a boat name as reported to the Harbormaster; the name, address and telephone number of the owner.
In accordance with state law and in order to provide for adequate access for vessels, for the safety of persons and property, for the protection of natural and historic resources and for the optimum use of the HMA, the Harbor Management Commission shall establish mooring fields with the HMA in the future as needed.
[Added 1-5-2015 by Ord. No. 03-15]
A. 
Fees for rental of dock space in the Harbor Management Area (HMA) shall be determined by the Harbor Improvement Agency (hereinafter “Agency”) based on current industry rates (hereinafter "fee"). Rates will be researched by the Harbor Master from adjacent towns and similar facilities and amenities, but in no circumstances shall the fee be in excess of the statutory limit set forth in C.G.S. § 22a-113s.
B. 
All fees are for transient dockage only. Locations for transient dockage will also be determined by the Agency with recommendations from the Harbor Master based on need and length.
C. 
No special utilities, electrical, water or sewer is available other than what is currently available to the public in the HMA.
D. 
Fees shall be collected by the Harbor Master or Deputy Harbor Master. All fees collected shall be placed in the Harbor Improvement Agency line item for use by the Agency pursuant to the Harbor Management Plan dated June 2003 and adopted by the Common Council.
E. 
The fee per linear foot of dock and/or bulkhead space will be set by the Harbor Management Commission and approved by the Common Council on an as-needed basis to match industry rates.