[Ord. No. 55-2003, 6-17-2003]
The harbormaster shall have absolute authority over all moorings
and mooring locations in accordance with the terms of this article
and the laws of the state.
[Ord. No. 55-2003, 6-17-2003; Ord. of 2-15-2011]
Mooring permits for Belfast Harbor or the waters adjacent to
the shoreline of the City shall be issued for one year at a time and
there shall be a yearly registration fee recommended by the harbor
advisory committee and approved by the City council.
[Ord. No. 55-2003, 6-17-2003; Ord. of 2-15-2011]
(a)
Priority for enjoying the privilege of maintaining a mooring in Belfast
Harbor shall be in accordance with the following priority guidelines,
with the exception of moorings located within the Federal Navigation
Project and the commercial inner harbor:
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Shorefront owner
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Vessel owners who are commercial fishermen
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Vessel owners who have other approved commercial uses
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All other vessel owners
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(b)
The number of commercial or rental moorings will be determined and/or
limited by the harbormaster.
(c)
Moorings located within the Federal Navigation Project shall be treated
in accordance with federal regulations as open to all on equal terms.
[Ord. No. 55-2003, 6-17-2003]
Applications for moorings shall be dated upon receipt by the
City.
[Ord. No. 55-2003, 6-17-2003; Ord. No. 32-2008, 4-1-2008; Amd. of 5-2-2012]
(a)
Limit on inner harbor moorings. In recognition of the need to promote
safety and convenient passage in the inner harbor, the total number
of moorings located within the inner harbor at any time shall not
exceed the number of moorings located within the inner harbor as of
the date of enactment of this subsection.
(b)
Waiting list for new moorings. All mooring and moored float sites shall be under the direct control of the harbormaster and assigned by him/her on a first-come-first-served basis to qualified applicants for mooring sites. If the harbormaster receives more applications for mooring sites than there are available mooring spaces, the harbormaster shall establish mooring waiting lists in accordance with the priorities established in section 30-94 and consistent with the provisions of Title 38 M.R.S.A. § 7-A. Separate waiting lists shall be maintained for the coastal, outer and inner harbors. Applicants shall be identified on the waiting lists by date of receipt of the application. An applicant may elect to refuse a location offered and remain on the waiting list, in which case the next applicant on the list shall be selected. The waiting lists shall be posted at City hall and at the public landing. Payment of an annual fee is required to remain on these lists, which payment must be made by the date shown on the permit renewal application.
Allocation to non-residents. If there are applicants who are
non-residents who wish to moor a vessel, the principal use of which
is noncommercial, and less than 10% of the moorings are currently
assigned to persons fitting this description, the next mooring available
shall be assigned to the first such person on the list. If there are
applicants who are nonresidents who wish to moor a vessel, the principal
use of which is commercial, and less than 10% of the assigned moorings
are currently assigned to persons fitting this description, the next
mooring available shall be assigned to the first such person on the
list. If both nonresident noncommercial and nonresident commercial
assignments are below 10% and there are both types of applicants on
the waiting list, the available space shall be assigned to an applicant
in the category that is the farthest below 10%. Payment of an annual
fee is required to remain on these lists, which payment must be made
by the date shown on the permit renewal application.
(c)
Relocation requests. The harbormaster shall maintain a separate written
list of all owners of permitted moorings who wish to change mooring
locations. The list shall be maintained, updated and posted at City
hall and at the public landing. Payment of an annual fee is required
to remain on this list. Applicants from this waiting list shall be
assigned moorings only if no names remain on the waiting list for
new moorings.
(d)
Assignment of mooring rights to those on waiting lists. The harbormaster
shall, in his or her discretion and in accordance with the assignment
priorities identified in this article and under state law, assign
moorings as they become available to the first person on the waiting
list for a new or relocated mooring in that area of the harbor. Residency
of the applicant shall not be considered in taking names from the
waiting list(s) except as provided above.
[Ord. No. 55-2003, 6-17-2003]
Applications concerning second or subsequent moorings of any
type held by one person, entity or household shall be handled by the
harbormaster, who shall consider each application and limit moorings
to the number of boats owned and registered to the owner's name.
[Ord. No. 55-2003, 6-17-2003]
The harbormaster shall register all moorings with a completed
mooring application including the following information: boat name,
state or federal registration number, vessel identification and the
name and address of the primary boat owner.
[Ord. No. 55-2003, 6-17-2003; Ord. No. 35-2006, 4-18-2006]
The harbormaster may deny an application because of insufficient
information on the mooring registration application, failure to provide
the required registration fee, failure to pay excise tax on the registered
or documented vessel, or other reasons as specified by the harbor
advisory committee. The harbormaster may defer an application because
of insufficient space for the desired mooring location or because
of reasons specified by the harbormaster.
[Ord. No. 55-2003, 6-17-2003]
The harbormaster shall annually assign locations to each mooring
with the guidance of the mooring plan and ensure its placement is
in the correct location. All moorings not located in the correct location
shall be moved by the owner at his expense in accordance with the
instruction of the harbormaster. In the event of the failure of the
owner to comply with these instructions, the harbormaster shall move
or remove the improperly located moorings, and the cost of this shall
be borne by the owner of the mooring.
[Ord. No. 55-2003, 6-17-2003]
The harbormaster shall keep a log of the assignment of moorings
and submit this log to the harbor advisory committee annually on or
before November 1 of each year.
[Ord. No. 55-2003, 6-17-2003]
No person shall place, alter or shift a mooring or buoy of any
type within the boundaries of Belfast Harbor or the waters adjacent
to the shoreline of the City without the written permission of the
harbormaster. The assignment or use of a mooring location shall not
be transferable, except that, upon the death of the assignee, that
location may be transferred to a member of the assignee's immediate
family, only if the mooring assignment was and will be used for commercial
fishing purposes (38 M.R.S.A. § 3-A).
[Ord. No. 55-2003, 6-17-2003; Amd. of 5-2-2012]
The harbormaster shall be promptly notified by the owner of
the mooring of a proposed change in the size of the vessel that is
to be registered to a mooring. A change in size of the vessel may
require a change of location and/or upgrading of the mooring.
No vessel exceeding 40 feet in overall length shall be allowed
on a single point mooring within the inner harbor. Vessels exceeding
40 feet in overall length shall be placed on moored floats or in slips.
[Ord. No. 55-2003, 6-17-2003; Ord. No. 32-2008, 4-1-2008; Amd. of 5-2-2012]
The harbormaster shall be promptly notified if a mooring is
to be used for a vessel not registered to it. A vessel not registered
to a specific mooring may not exceed 14 days of use per season on
any mooring which is not located in the inner harbor. All moorings
that have a U.S. Army Corps of Engineers permit are exempt. Moorings
in the inner harbor shall not be used by any vessel not registered
to that mooring unless specifically designated as a commercial or
rental mooring at the time of application and approved as such by
the harbormaster.
[Ord. No. 55-2003, 6-17-2003; Amd. of 5-2-2012; amended 3-17-2015]
The harbormaster may suspend or terminate the mooring assignment
of any mooring owner for noncompliance with the application rules,
construction standards or marking standards, or failure to comply
with any order of the harbormaster given according to the provisions
of this article.
All mooring and moored float permit holders with sites located
in the inner harbor and whose moorings/moored floats are not used
as permitted at least 50% of the time for three consecutive months
during the calendar year may have their mooring/moored float deemed
abandoned and removed by the City. All mooring and moored float permit
holders with sites located in the outer and coastal harbors, whose
moorings/moored floats are not used as permitted at least every two
years, may have their mooring/moored float deemed abandoned and removed
by the City. The harbormaster may grant exceptions to this section
either upon advance request or on appeal made within 30 days of issuance
of the written notice of abandonment. Such requests shall be granted
only upon proof of extenuating circumstances such as selling the boat,
inability to use the boat, or other reasonable unforeseen situations,
and upon a showing of definite intent to use the mooring as provided
herein. In the event any exceptions are made to this section, all
fees and inspections must remain current.
[Ord. No. 55-2003, 6-17-2003]
No person shall permit or place more than one vessel at a mooring
unless such vessel does not interfere with adjacent moorings and anchorages
or other navigational conditions or exceed the limits of the weight
of the mooring as determined by the harbormaster with the exception
of boats moored to floats.
[Ord. No. 55-2003, 6-17-2003; Ord. No. 32-2008, 4-1-2008]
All moorings shall be numbered as assigned by the harbormaster.
The numbers shall be of adequate size to read easily. They shall be
placed on a floatable, visible, and Coast Guard approved type buoy
attached to the mooring. For all new or replacement mooring buoys
as of January 1, 2001: To avoid mistaking mooring buoys for aids to
navigation or regulatory markers, they shall be colored white with
a single blue horizontal band clearly visible above the water line.
Pole moorings shall not be permitted for use in the harbor. All winter
buoys shall be visible at all times and of adequate size to clearly
read required mooring number. All winter buoys are to be replaced
by proper mooring buoys no later than June 1.
[Ord. No. 55-2003, 6-17-2003; Ord. No. 32-2008, 4-1-2008; Amd. of 5-2-2012]
(a)
Standards for areas of Belfast Harbor other than, the inner harbor.
(1)
All new moorings constructed or installed after the date of
this amendment shall have granite block anchors and steel staples,
of sufficient weight to hold the vessel for which they are to be used.
All staples shall have a minimum diameter of one inch. Refer to minimum
standards. 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. The safe, serviceable condition
and adequate size of all mooring equipment is the direct and ultimate
responsibility of the mooring permit holder. The prudent seaman rule
shall apply. The City of Belfast is not liable for any damage inflicted
if a minimum standard mooring fails. Minimum standards below are for
fair weather only.
[Amended 8-6-2019]
(2)
Hand-mixed concrete blocks, old engine blocks and other miscellaneous
weighted objects are not acceptable as mooring anchors in Belfast
Harbor.
(3)
The moorings shall have heavy steel bottom chain of a minimum
as stated in standards.
(4)
The minimum mooring scope shall be approximately two times the
water depth at mean high water. Total scope shall include bottom chain
and lighter gauge top chain with a minimum diameter, as stated in
standards, each of which shall consist of approximately 1/2 of the
total length.
(5)
Each mooring must have at least one swivel at the connection
either between the top chain and mooring buoy or between the heavy
bottom chain and the top chain. All swivels and shackles must be appropriate
size for the chain size.
(6)
Pennants [pendants] connecting the mooring buoy to the moored
boat shall be fastened to the top chain or top swivel and shall consist
of nylon, or other appropriate pendant line equal in length up to
1/2 the length of the boat. Refer to minimum standards.
(7)
Despite the dimension standards established in this section,
any part of a mooring showing excessive or obvious wear or any mooring
which does not meet the harbormaster's approval shall not be permitted.
(8)
Minimum standards:
[Amended 8-6-2019]
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Length of Vessel
(in feet)
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Granite
(in pounds)
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Top Chain
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Bottom Chain
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Pendant
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|---|---|---|---|---|
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0—9
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500
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3/8
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Under 20 feet with approval
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1/2
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10—19
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1,000
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3/8
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7/16
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5/8
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20—30
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1,500
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1/2
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5/8
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3/4
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31—35
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2,000
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1/2
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5/8
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3/4
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36—40
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2,500
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1/2
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3/4
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1
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41—50
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3,000
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1/2
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7/8
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1
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51 and over with approval
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(9)
When foul weather is forecast, vessel and mooring owners may
take reasonable actions to protect their vessels, including lengthening
the pendant beyond the scope provided above. All such actions are
subject to direction and modification by the harbormaster in the interest
of protecting neighboring vessels and property.
(b)
Inner harbor design standards.
(1)
All new moorings constructed or installed after the date of
this amendment shall consist of granite block anchors and steel staples,
of sufficient weight to hold the vessel for which they are to be used.
Staples shall have a minimum diameter of one inch. Refer to minimum
standards. 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. The safe serviceable condition
and adequate size of all mooring equipment is the direct and ultimate
responsibility of the mooring permit holder. The prudent seaman rule
shall apply. The City of Belfast is not liable for any damage inflicted
if a minimum standard mooring fails. Minimum standards below are for
fair weather only.
[Amended 8-6-2019]
(2)
Hand-mixed concrete blocks, old engine blocks and other miscellaneous
weighted objects are not acceptable as mooring anchors in Belfast
Inner Harbor. Mushroom anchors shall not be used as mooring anchors.
(3)
The moorings shall have heavy steel bottom chain of a minimum
as stated in standards.
(4)
The minimum mooring scope shall be approximately 1 1/2
times the water depth at mean high water. Total scope shall include
bottom chain and lighter gauge top chain with a minimum diameter,
as stated in standards, each of which shall consist of approximately
1/2 of the total length.
(5)
Each mooring must have at least one swivel at the connection
either between the top chain and mooring buoy or between the heavy
bottom chain and the top chain. All swivels and shackles must be appropriate
size for the chain size.
(6)
Pennants [pendants] connecting the mooring buoy to the moored
boat shall be fastened to the top chain or top swivel and shall consist
of nylon, or other appropriate pendant line equal in length up to
1/2 the length of the vessel. Refer to minimum standards.
(7)
Despite the dimension standards established in this section,
any part of a mooring showing excessive or obvious wear or any mooring
which does not meet the harbormaster's approval shall not be permitted.
(8)
Minimum standards for inner harbor:
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Length of Vessel
(in feet)
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Granite or Equiv.
(no mushrooms)
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Top Chain
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Bottom Chain
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Pendant
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|---|---|---|---|---|
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0—9
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500
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3/8
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5/8
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1/2
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10—19
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1,000
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1/2
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5/8
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5/8
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20—30
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2,000
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1/2
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3/4
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3/4
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31—35
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2,500
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1/2
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1 inch
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7/8
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36—40
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3,000
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1/2
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1 inch
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1
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(9)
When foul weather is forecast, vessel and mooring owners may
take reasonable actions to protect their vessels, including lengthening
the pendant beyond the scope provided above. All such actions are
subject to direction and modification by the harbormaster in the interest
of protecting neighboring vessels and property.
[Ord. No. 55-2003, 6-17-2003]
(a)
The harbormaster or an appointed deputy shall inspect and approve
or be otherwise satisfied that each mooring is in safe condition before
it is placed in the anchorage.
(b)
Every two calendar years a mooring shall either be lifted by or at
the expense of the owner and inspected at the direction of the harbormaster
or an appointed deputy or be inspected at the owner's expense by a
diver at the direction of the harbormaster or an appointed deputy.
(c)
The harbormaster shall maintain a file on each mooring listing the
date of the last inspection and the name of the person who last inspected
it.
[Ord. No. 55-2003, 6-17-2003]
The moving or relocation of any mooring as a result of dredging
of Belfast Harbor will be completed at the owner's expense.
[Ord. No. 55-2003, 6-17-2003]
All moorings removed because of nonpayment, or for any other
reason, shall be stored in an area south of the breakwater. If not
removed within 60 days, they will become the property of the City.
If the mooring owner still wants a mooring location, the owner must
pay the mooring fee, the late payment fee, and the cost of removal
of the mooring and cost of placing the mooring in the new location.
[Ord. No. 55-2003, 6-17-2003]
The harbormaster, with the advice of the harbor committee and
the approval of the council shall appoint one or more booking agents
qualified to rent said moorings as defined in the booking agent contract
between the booking agent and the City of Belfast. Appointments will
be approved on an annual basis, no later than the end of December.
Applications will be reviewed by the harbormaster and the harbor committee
with approval being made by the council. Said appointment(s) shall
be the result of a request for proposal created by the harbormaster
provided to local harbor business establishments and subject to the
qualifications as stated below.
It will be determined each season which moorings will be rented
in a short term or seasonal manner, based on the demand of said use.
The booking agent(s) will rent all moorings on an open to all, first
come, first serve basis in compliance with the City of Belfast Harbor
Ordinance and the Corps of Engineers requirement.
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Purpose:
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(1)
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To maintain and provide rental moorings for the increase in
transient traffic.
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(2)
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To provide necessary adequate, safe mooring tie-up.
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Benefits:
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(1)
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Accommodating transient traffic to encourage visitors in Belfast
Harbor which in turn is good for the downtown business economy.
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(2)
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To relieve the City of time and costs of maintenance and administration
of numerous rental moorings.
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Booking agent qualifications:
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(1)
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Be under the direction and control of the harbormaster at all
times.
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(2)
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Function within the confines of this chapter and also the rental
mooring agreement contract with the City of Belfast as well as with
Army Corps of Engineers requirements.
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(3)
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Be responsible for inspecting and maintaining the mooring gear
as required in the City of Belfast Harbor Ordinance mooring inspection
standards on a yearly basis.
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(4)
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Maintain a log of all transactions and make these records available
to the harbormaster upon request.
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(5)
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Act as a commercial marine enterprise located within the City
of Belfast whose activities primarily include service, maintenance,
and storage of boats.
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(6)
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Have a contract with the mooring owner which will make the booking
agency responsible for the liability of the operation with a "No subrogation/hold
harmless" agreement.
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(7)
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Provide service within the City of Belfast Harbor Ordinance
and be accountable to the harbormaster.
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(8)
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Provide necessary towing, moving and tie up of vessels.
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(9)
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Be responsible for communicating and scheduling with rental
requests.
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(10)
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Control any unauthorized use of the moorings
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(11)
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Be responsible for collection and disbursement of rental monies
as defined in the rental mooring agreement contract. The collection
of these monies may only be used to cover the cost of these services
only:
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a.
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Maintain mooring gear as required in the booking agent qualifications.
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b.
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Marking mooring buoy(s) with maximum boat size in a legible
manner.
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c.
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Maintaining contact and directing vessels by boat or radio five
days a week during the summer season.
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d.
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Maintaining records and a reservation system.
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These fees will be determined by the harbor advisory committee
and approved by
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the council each year no later than the end of December upon
annual review of the contract.
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(12)
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Operate a minimum of five days a week, 8:00 a.m. to 4:00 p.m.,
June 1 through September 1 with minimal service after Labor Day.
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(13)
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Be available to contact by phone or VHF radio during operating
hours.
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(14)
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Maintain a one-million-dollar liability insurance policy with
the City of Belfast as a named insured.
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