[Adopted as Ch. 6.5, Art. VII, Div. 3, of the 1990 Code]
The purpose of this article is to establish and maintain order for the arrangement and utilization of the mooring area, the public landing, the boat ramp, and other related properties in the City harbor area herein described, in a manner that will best serve the interests of the residents of the City and the boating public.
The rules and regulations established by the City Council in this article are enacted pursuant to 38 M.R.S.A. §§ 1 and 2.
Pursuant to the authority granted by 38 M.R.S.A. § 2, the City Council hereby establishes the following boundary lines of convenient channels for the passage of vessels in the harbor of the City and hereby further assigns the following suitable portion or portions of the harbor for anchorage: The harbor limits shall include the waters of the Kennebec River, bounded by the dam at Edwards Manufacturing Plant on the north, and the Hallowell Town Line on the south.
[Amended 9-16-1991 by Ord. No. 215]
The Harbor Master shall be appointed by the City Manager, with the advice and consent of the City Council. The Harbor Master may also appoint a deputy, with the approval of the City Manager, to serve in the absence or disability of the Harbor Master.
It shall be the duty of the Harbor Master to:
Enforce the provisions of all rules, regulations, ordinances and other laws, which are lawfully promulgated and which are within his jurisdiction pursuant to law.
Provide copies of all rules, regulations, ordinances and other laws which pertain to the harbor, waterfront and watercraft within the City and to make copies available to those persons using the harbor, waterfront and watercraft and to the public generally.
Promote order in the harbor and ensure safety and use of the harbor for the general public.
Monitor the fish population and migration of the several species up to the Augusta Dam and report yearly to the City Council his findings and recommendations of the economic feasibility of commercial fishery development, as well as increasing the recreational potential of the Kennebec River.
Monitor all activities and cause to be kept, as detailed as possible, an accurate account of statistical records pertaining to, but not limited to, Edwards Dam hydropower, Kennebec River watercraft and fish species.
The Harbor Master shall have the authority and power to enforce the provisions of this article and all other laws and ordinances which are applicable to the harbor, waterfront and watercraft; and to establish and post the speed limits of all watercraft within the confines or any portion of the harbor.
Condition of docks, piers, wharfs. Any dock, pier, wharf or other such structure which is within the harbor of the City and which has fallen into a state of disrepair or which remains in a dangerous condition so as to interfere with the keeping open of convenient channels for the passage of vessels in the harbor and/or suitable portions of the harbor for anchorage shall be deemed a nuisance. The Harbor Master shall give the owner of the dock, pier, wharf or other structure written notice of the condition; the notice shall also order the owner to abate the nuisance within a reasonable period of time, which shall also be specified in the notice. If the owner or occupant refuses to comply with the terms of the order, he shall be deemed guilty of a misdemeanor.
Watercraft residences. No person shall moor or permit to be moored any watercraft owned or occupied by him which is being used primarily for residence purposes, within the harbor channels, without the permission of the Harbor Master.
Channel markers. No person shall moor any watercraft to any buoy, beacon or other marker placed by the City and the state to define the harbor channels, or in any manner make the watercraft fast thereto, or willfully destroy or injure any such beacon, buoy or other marker.
No person shall place, anchor or moor any watercraft within the harbor channels or within any part of the harbor without the permission of the Harbor Master.
No person shall moor or permit to be moored any watercraft to any mooring placed within the harbor by the City without the permission of the Harbor Master, who shall designate which mooring is to be used and the conditions of such use; and no person having permission of the Harbor Master shall use the moorings in any manner which is inconsistent with the conditions prescribed by the Harbor Master.
Tie-up time limit. No person shall tie up or permit to be tied up to the municipal wharf any watercraft for a period longer than two hours without the permission of the Harbor Master. No person shall tie up or permit to be tied up to the municipal wharf any watercraft for any commercial purpose except with the permission of the City Council and the Harbor Master.
Solicitation. No person shall use or permit to be used in any manner the municipal wharf or boat landing area, or any part thereof, or any float attached or adjacent thereto or any part thereof for the purpose of soliciting business or potential customers; nor shall any person use or permit to be used any watercraft moored to the wharf or floats for the purpose of displaying any signs which solicit business or potential customers. The term "watercraft," as used in this subsection, means any type of vessel, boat or craft used or capable of being used as a means of transportation on water.
Interference with passage. No person shall use any watercraft or any other device or structure within the harbor of the City so as to interfere with or impede in any manner the keeping open of convenient channels for the passage of vessels in the harbor.
Compliance with orders. No person shall refuse to obey any lawful order of the Harbor Master with reference to the operation, navigation or disposal of any watercraft owned or occupied by the person within the harbor channels.
The Harbor Master shall designate with suitable signs or markers which area is to be used for the launching of watercraft and which is to be designated as the launching ramp.
No person shall use the launching ramp for a period of time in excess of 30 minutes without the permission of the Harbor Master.
No person shall ground out, tie up, moor or permit to be ground out, tied up or moored any watercraft on the launching ramp.
Launching ramp floats.
No person shall tie up or permit to be tied up to the floats any watercraft for a period longer than 30 minutes without the permission of the Harbor Master.
No person shall leave any property on this float for any period of time except during the actual period of loading or unloading passenger supplies or during the period of other related activities.
No person shall keep, clean or dispose of in any manner, or permit to be kept, cleaned or disposed of in any manner, any fish or other marine life on this float.
No person shall engage in swimming from this float or from any watercraft moored in any manner to this float.
No person shall use or permit this float to be used for any other purpose or activity other than that which is permitted by this subsection.
[Amended 7-21-1986 by Ord. No. 444]
No person shall engage in swimming in the Kennebec River along or adjacent to the shore or property owned by the City, the Augusta Parking District or any other subdivision of the City.