[HISTORY: Adopted by the Town Council of
the Town of Bar Harbor 10-2-1990 as §§ 10.01 and 10.02 of the 1990 Code;
amended in its entirety 7-17-2012 by Ord. No. 2012-04. Subsequent amendments
noted where applicable.]
A.
Pursuant to the authority granted by 38 M.R.S.A § 2, 1964,
as amended, the Town Council of the Town of Bar Harbor hereby establishes
the following boundaries wherein these regulations shall apply to
activities occurring within or directly affecting the area to the
fullest extent permitted by law:
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Beginning at the northwestern point of Bar Island and running
along the low water mark of Bar Island southeasterly and easterly
to the southeasterly point of Bar Island; thence from the southeasterly
point of Bar Island easterly to the southern tip of Sheep Porcupine
Island; thence from the southern tip of Sheep Porcupine Island southeasterly
to the western tip of Bald Porcupine Island; thence running along
the low water mark of Bald Porcupine Island; thence southeasterly
to the high water line at Dorr Point on Mount Desert Island; thence
westerly and northerly to Israel Point in Mount Desert Narrows; thence
following the high water line on Mount Desert Island from Old House
Cove southerly and westerly to Crystal Cove in Western Bay on Mount
Desert Island; thence northwesterly seaward to the Bar Harbor Town
lines or 2,000 yards, whichever is lesser; thence easterly and southerly
to the point of beginning. The area includes Compass Cove, Cromwell
Harbor, Bar Harbor, Canoe Point, Hulls Cove, Lookout Point, Sand Point,
Salisbury Cove, Emery Cove, Leland Point, Hadley Point, Thomas Island,
Clark Cove, Northeast Cove, Indian Point, Long Cove, Green Island,
Black Island, Crystal Cove, and all the waters within these boundaries.
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B.
All that part of the waters of the Town of Bar Harbor encompassed
by the above-described boundary lines is hereby assigned for anchorage
except designated channels.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all waters eastward of the bar to a line running
northerly from Balance Rock to the harbor channel entrance buoy, thence
northerly to the easternmost point of Bar Island, bounded on the north
by Bar Island and bounded on the south by the shoreline of Mount Desert
Island.
Any type of vessel, boat or craft used or capable of being
used as a means of transportation on water.
The rules and regulations established by the Bar Harbor Town
Council in this chapter are enacted pursuant to 38 M.R.S.A. § 2,
as amended.
The Harbor Master may appoint deputies who, under his/her direction,
shall be authorized to enforce and carry out the rules and regulations
of this chapter.
A.
Compensation. The compensation to be paid to the Harbor Master and
deputies shall be determined by the Town Council and the compensation
of deputies set as provided by the personnel rules.
B.
Duties. It shall be the duty of the Harbor Master to:
(1)
Enforce the provisions of all rules, regulations, ordinances and
other laws which are lawfully promulgated and which are within his/her
jurisdiction pursuant to law.
(2)
Provide copies of all rules, regulations, ordinances and other laws
which pertain to the harbor, waterfront and watercraft within the
Town of Bar Harbor and to make said copies available to those persons
using said harbor.
(3)
Promote order in the harbor and ensure safety and use of the harbor
for the general public.
C.
The Harbor Master is hereby authorized and it shall be his/her duty
to remove or cause to be removed any watercraft from any wharf or
dock in Bar Harbor when so requested by the owner of said wharf or
dock. Whenever he/she shall deem it necessary, he/she shall remove
or cause to be removed any watercraft lying in tier or rafted from
any dock, wharf or mooring within his/her jurisdiction. If any vessel,
boat, or raft or any watercraft shall anchor or lie contrary to any
ordinance, rule or regulation of the Town of Bar Harbor, said Harbor
Master shall forthwith serve notice to the owner or master or the
person in care of said watercraft to remove the same and, if the person
given a notice does not comply with said notice of the Harbor Master
without delay, the Harbor Master shall cause the removal of said watercraft
at the expense of said owner, and the Harbor Master may recover the
cost of any such removal from the watercraft owner upon complaint
filed in the Maine District Court.
A.
Any dock, pier, wharf or other such structure which is within the
harbor of the Town of Bar Harbor 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 said harbor and/or suitable portions of said harbor for anchorage
shall be deemed a nuisance. The Harbor Master shall give the owner
of said dock, pier, wharf or other such structure written notice of
said condition. Said notice shall also order said owner to abate said
nuisance within a reasonable period of time which shall also be specified
in the notice. In the event that the Harbor Master cannot give notice
to said owner for any reason whatever, he/she shall give said notice
to the occupant of said pier, dock, wharf or other such structure.
B.
If said owner or occupant refuses to comply with the terms of said
order, he/she shall be deemed guilty of a misdemeanor and shall, upon
conviction, be punished by a fine of not less than $20 nor more than
$200 or by imprisonment for not less than 10 days nor more than 60
days, or by both, and in addition thereto or in lieu of said punishment
or any part thereof, the court may order the nuisance abated or removed
at the expense of said owner or occupant.
No person shall moor or permit to be moored any watercraft owned
or occupied by him/her and which is being used primarily for residence
purposes within the harbor boundaries without the permission of the
Harbor Master and the owner of the shore rights in front of which
said watercraft is moored.
No person shall moor any watercraft to any buoy, beacon or other
marker placed by the Town of Bar Harbor to define the harbor channels
or in any manner make said watercraft fast thereto or willfully destroy
or injure any such beacon, buoy or other marker.
No person shall use any watercraft or any other device or structure
within the harbor of the Town of Bar Harbor so as to interfere with
or impede in any manner the keeping open of convenient channels for
the passage of vessels in said harbor. This includes excessive and
unnecessary prop wash from vessels alongside floats within the inner
harbor except under weather conditions where such vessels properly
made fast are unable to remain safely alongside while loading passengers
or gear.
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 said person within the harbor
channels.
No person shall assault, intimidate or in any manner willfully
obstruct, intimidate or hinder the Harbor Master while said Harbor
Master is in the lawful performance of his/her duties.
The Harbor Master shall have the authority and power to enforce
the provisions of these rules and regulations and all other laws and
ordinances which are applicable to the harbor, waterfront and watercraft,
including the authority and power to make arrests pursuant to law.
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.
The Harbor Master shall designate, with suitable signs or markers,
that float adjacent to the Municipal Pier which is to be used for
the loading and unloading of fish, supplies and such other related
uses as may be permitted by the Harbor Master and which is to be designated
as the "Fisherman's Float."
A.
Time limitations. No person shall tie up or permit to be tied up
to the northern end of this float any watercraft for a period longer
than 15 minutes. No person shall tie up or permit to be tied up to
any other part of this float any watercraft in such a manner as to
permit any part of said watercraft to extend beyond the ends of the
northern side of this float. No person shall tie up or permit to be
tied up to any other part of this float any watercraft for a period
longer than one hour without the permission of the Harbor Master.
B.
Property. No person shall leave any property on or attached to this
float for any period of time except during the actual period of loading
or unloading of fish and fishing supplies or during the period of
such other related use as may be permitted by the Harbor Master. If
any person refuses or neglects to remove his/her property as directed
by the Harbor Master, or if the property owner cannot be located or
identified, the Harbor Master shall remove or have the property removed
at the owner's risk and collect from the master or owner of that
vessel $100 for this service plus the necessary expense.
C.
Fishing and swimming. No persons shall engage in swimming from this
float or from any watercraft moored in any manner to this float. Fishing,
with hand line only, may be permitted with the permission of the Harbor
Master.
D.
Other activities. No person shall use or permit this float to be
used for any purpose or activity other than that which is permitted
by this section.
E.
Violation. Any person violating any provision of this section shall
first receive a warning, written or verbal, which may be followed
with a summons for subsequent violations of the same provision.
The Harbor Master shall designate, with suitable signs or markers,
the floats on the eastern side of the Municipal Pier which are to
be used for the loading and unloading of passengers and supplies from
visiting ships (watercraft), vessel dockage and other activities authorized
by the Harbor Master and which are to be designated as the "public
floats."
A.
Fishing and swimming. No persons shall engage in swimming from these
floats or from any watercraft moored in any manner to these floats.
No person shall engage in fishing from the public floats whenever
any watercraft is docked, in any manner, at the public floats.
B.
Time limitations. No person shall tie up or permit to be tied up
to the eastern end of these floats any watercraft for a period longer
than 15 minutes. No person shall tie up or permit to be tied up to
any other part of these floats any watercraft without the permission
of the Harbor Master.
C.
Other activities. No person shall use or permit these floats to be
used for any purpose or activity other than that which is permitted
by this section, except the Harbor Master may give permission to any
person to use these floats to moor fishing or lobster boats.
D.
Violation. Any person violating any provision of this section shall
first receive a written or verbal warning which may be followed with
a summons for subsequent violations of the same provision.
The Harbor Master shall designate, with suitable signs or markers,
those floats adjacent to the Municipal Pier which are to be designated
as "finger floats."
A.
Time limitation. No person shall tie up or permit to be tied up any
watercraft on the western side of these floats for a period longer
than one hour except with the permission of the Harbor Master.
B.
Watercraft size limitation. No persons shall tie up or permit to
be tied up any watercraft on the eastern side of these floats, except
watercraft which are of the tender type and are less than 14 feet
in length and which are not propelled by machinery of 15 or more horsepower.
No person shall tie up or permit to be tied up to the fisherman's
float, public floats, finger floats or to any part of the Municipal
Pier any watercraft which is not in a safe condition or which is in
a state of disrepair.
No person shall moor or permit to be moored any watercraft to
any mooring placed within the harbor by the Town of Bar Harbor 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 said moorings in any manner
which is inconsistent with the conditions prescribed by the Harbor
Master.
A.
No person shall place a mooring within the harbor without first making
application to the Harbor Master, who shall designate the location
in which said mooring shall be placed with terms and conditions that
ensure the safety of said mooring and the best use of available space
within the harbor.
B.
The mooring shall be registered annually with the Harbor Master and
provide the following information:
C.
All moorings shall be registered annually prior to May 1, and the
approximate location of the mooring shall be noted on a harbor chart
provided to the owner. An annual registration fee for each mooring
shall be determined by the Town Council and paid by the owner to the
Town of Bar Harbor.
D.
All moorings not registered by June 1 each year shall be removed
by the owner, and the mooring privilege shall be revoked. When the
owner of an unregistered or unsafe mooring cannot be located or identified
or refuses to remove his/her mooring or replace it with one of different
character, when so directed by the Harbor Master, the Harbor Master
shall cause the entire mooring to be removed or the buoy removed and
the chain dropped to the bottom, or shall make such change in the
character of the mooring as required, and collect from the master
or owner of that vessel the sum of $100 for either of these services
rendered plus the necessary expense.
E.
Before removing a mooring or a buoy, the Harbor Master shall notify
the master or owner, if the owner can be determined, by mail at his/her
last known address of the action desired of him/her, the fact that
the mooring will be removed and the fine to be assessed. If the matter
is not settled to the Harbor Master's satisfaction within two
weeks, the Harbor Master may take the action provided for in this
section.
F.
All moorings shall be assigned a number within a series that indicates
the maximum size vessel that may use the mooring. The number shall
be prominently displayed on the mooring in contrasting shade, at one
inch minimum height. The Harbor Master shall assign the number and
it shall be the owner's responsibility to apply and maintain
the number.
G.
Specifications.
(1)
All moorings shall meet the minimum specifications shown in Table
1.
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Table 1
Mooring Specifications
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Chain
Size
(inches)
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Series
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Boat Length
(feet)
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Stone Weight
(pounds)*
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Low
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High
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100
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To 20
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500
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3/8
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1/2
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200
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20 to 30
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1,000
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1/2
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1/2
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300
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30 to 40
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1,500
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1/2
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1 5/8
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400
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40 to 60
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2,000
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1/2
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1 3/4
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500
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Over 60
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**
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**
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**
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NOTES:
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*Only granite or concrete stones with minimum one-inch staples
are permitted, except that the Harbor Master may permit different
specifications for moorings that are established only during the summer
season. Seasonal mooring numbers shall be preceded by the letter "S."
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**As approved by the Harbor Master.
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(2)
The Harbor Master may require different specifications exceeding
those listed if the vessel is of large tonnage or unusual configuration.
(3)
The minimum scope of chain shall be 1 1/2 times the depth at
mean high water, and the maximum shall not exceed twice the depth
at mean high water within the high density portion of the harbor as
determined by the Harbor Master.
(4)
Mooring poles shall float a minimum of two feet above the water surface.
Mooring buoys shall be a minimum of 12 inches in diameter; 1/3 shall
float above the surface of the water.
A.
Tie up time limit. No person shall tie up or permit to be tied up
at the Municipal Pier any watercraft for a period longer than one
hour without the permission of the Harbor Master. No person shall
tie up or permit to be tied up to the Municipal Pier any watercraft
for any commercial purpose except with the permission of the Town
Council and the Harbor Master.
B.
Swimming or diving. No person shall engage in swimming and/or diving
from the Municipal Pier or from any watercraft moored in any manner
from said pier except for the purposes of maintaining and/or repairing
watercraft, and said diving shall be conducted with the proper safety
signals and flags.
C.
Loading and unloading. Loading and unloading of vessels shall be
permitted only during the hours from 4:00 a.m. to 11:00 a.m. except
in the marked loading zone. The designated zones shall be used during
actual loading and unloading of vessels. The time limit for loading
and unloading shall be 30 minutes.
D.
Repairs. No repairs to machinery, nets or gear shall be permitted
on the pier or floats, except the Harbor Master may authorize emergency
work between the hours of 4:00 a.m. and 11:00 a.m. Any work authorized
shall be totally done and kept within a space of six feet from the
end of the pier, floats, parking spaces or any other obstructions.
Occupational Safety and Health Administration (OSHA) approved safety
lines, barriers or nets shall be placed around such work or loading
area when work or loading is in progress to provide for public safety.
The Harbor Master may require the removal of any machinery, gear or
nets without delay when, in his/her opinion, it is necessary for the
public safety.
E.
Fishing prohibited. No person shall engage in fishing from the east
side of the Municipal Pier whenever any watercraft is docked, in any
manner, at the public floats without the permission of the Harbor
Master.
No person shall use, or permit to be used in any manner, the
Municipal Pier or any part thereof or any float attached or adjacent
thereto or any part thereof for the purpose of conducting business
or soliciting potential customers, nor shall any person use or permit
to be used any watercraft moored to said pier or floats for the purpose
of displaying any signs which solicit business or potential customers.
The term "watercraft" as used in this section means any type of vessel,
boat or craft used or capable of being used as a means of transportation
on water.
No watercraft shall be permitted to tie to the Municipal Pier
or any float unless all nonfixed and retractable gear is inboard of
the railings.
The Harbor Master shall designate, with suitable signs or markers,
that part of the Municipal Pier which is to be used for the launching
of watercraft and which is to be designated as the "launching ramp."
A.
Time limitation. No person shall use the launching ramp for a period
of time in excess of 1/2 hour without the permission of the Harbor
Master.
B.
Other uses prohibited. No person shall ground out, tie up or moor
or permit to be ground out, tied up or moored any watercraft on the
launching ramp.
C.
Fishing prohibited. No person shall engage in fishing from the launching
ramp whenever any watercraft is docked, in any manner, at the public
floats.
A.
No person shall tie up any watercraft to any municipal float, mooring
or pier or utilize the boat launching ramp without registering with
the Harbor Master and paying such fee as may be required in accordance
with such schedule as may be in effect at that time, said schedule
of fees to be fixed by the Town Council from time to time.
B.
Port fees. No person shall berth or anchor any cruise ship within the boundaries established by § 153-1 of this chapter or anchor any cruise ship outside such boundaries and transport its passengers by watercraft for disembarkation in the Town of Bar Harbor without registering with the Harbor Master and paying such fee as may be required in accordance with such schedule as may be in effect at that time said schedule of fees to be fixed by the Town Council from time to time by order. For the purposes of this subsection, "cruise ship" means a watercraft carrying passengers for hire which is capable of providing overnight accommodations for 49 or more passengers.
Passenger for hire operations not fitting the description of "cruise ship" as defined in § 153-22 are prohibited from operating from the Municipal Pier or any float attached thereto. This includes excursion vessels, sightseeing vessels, ferries and any other vessels carrying passengers for hire on a continual basis regardless of where the voyage originates. The owner and/or operator of any watercraft operating within any waters of the Town of Bar Harbor and carrying passengers for hire must file with the Harbor Master the following documents before commencing such operations:
A.
The current certificate of inspection issued by the United States
Coast Guard for watercraft carrying more than six passengers for hire.
B.
A current operator's license issued by the United States Coast
Guard for each operator of said watercraft.
C.
Proof of an agreement with the owner/operator of the intended Bar
Harbor base of operation where the passenger for hire operation will
normally originate and/or terminate voyages.
No person shall operate any watercraft under sail, which watercraft
is equipped with an auxiliary engine in operable condition, within
the inner harbor of the Town of Bar Harbor.
Watercraft shall be operated at such rate of speed and in such
manner as not to endanger other craft or persons. In special anchorage
areas, narrow channels, and congested mooring areas the speed of all
vessels shall be reduced to headway speed. For the purpose of these
rules, "headway" is the slowest speed that a power boat may be operated
to maintain steerage way.
No persons shall clean or dispose of any fish, lobsters, scallops,
shrimp, clams, bait, other marine life, or parts thereof at any float,
pier, mooring or anchorage within the inner harbor.
No person shall operate any watercraft when towing a drag or trawl within 300 feet of any dock, pier or wharf, or within 100 feet of any mooring within the Town of Bar Harbor, or within the area described in § 153-1 of this chapter.
A.
In addition to the penalties provided for elsewhere in this chapter,
the Harbor Master may revoke the privilege of the master and/or owner
of any vessel to moor or berth at the Municipal Pier, floats and launch
ramps for any of the following reasons:
(1)
Failure to comply with the instructions of the Harbor Master without
delay in the movement of a vessel or gear from public facilities.
(2)
Actions that demonstrate a disregard for the public safety.
(3)
Repeated conduct by crew or guests that creates a public nuisance.
(4)
Failure to pay any mooring fees within 30 days of receipt.
(5)
Failure of the owner of any vessel to pay any and all taxes or liens
due.
(6)
Actions that violate any federal, state or local laws, ordinances
or lawful regulations.
B.
A vessel denied privileges by the Harbor Master under this section
may be reinstated by demonstrating to the satisfaction of the Town
Council, or a representative authorized by it, that further infraction
of this section will not occur.
Any person adversely affected by a decision of the Harbor Master
may appeal the decision to the Harbor Committee. Persons filing appeals
must make written application to the Town Clerk within 30 days of
a written decision of the Harbor Master and pay such fee as determined
and set by the Town Council from time to time.
