[Amended 12-14-1998]
[Amended 12-14-1998]
It shall be a violation of this chapter to leave
an anchored vessel of 20 feet or more in length unattended overnight
in Old Lyme waters. Vessels in distress are excepted from this prohibition,
but, as soon as practicable, the person in charge shall report the
situation to the Harbormaster. A designated transient anchorage, for
approximately six vessels, is located between Goose Island and Calves
Island. See Figure No. 3.[1] Disputes within this area are to be resolved by the Harbormaster.
[1]
Editor's Note: Figure No. 3 is on file at
the Town Clerk's office.
It shall be a violation of this chapter knowingly
or willfully to obstruct the free use of any channel or fairway within
Old Lyme waters. Refer also to C.G.S. §§ 15-133(b)
and 15-140d.
[Amended 12-14-1998]
Rafting of three vessels on a single mooring
will only be allowed providing it does not interfere with adjacent
single moorings or anchorages. Owners or operators of rafted vessels
may go ashore but shall not leave the raft unattended and shall be
available to tend to the vessels in the event of heavy weather. Rafting
of more than three vessels is prohibited.
[Amended 12-14-1998]
If any vessel shall be found, in the judgment of the Harbormaster, to be anchored or moored within Old Lyme waters in an unsafe or dangerous manner, or in such a way as to create a hazard to other vessels or to persons or property, the Harbormaster shall order and direct necessary measures to eliminate such unsafe or dangerous condition. Primary responsibility for compliance with such orders and directions shall rest with the owner of the improperly anchored or moored vessel or his authorized agent. In an emergency situation, the Harbormaster or his delegate, without liability, shall board such vessel and cause the improper situation to be corrected, and the owner of the vessel shall be liable for any costs incurred in effecting such correction and be subject to penalties as set forth in Article III, § 58-8 of this chapter.
[Amended 12-14-1998]
Any vessel that enters Old Lyme waters in a disabled condition, or any vessel within Old Lyme waters which becomes disabled, shall immediately become subject to the orders and directions of the Harbormaster and subject to penalties as set forth in Article III, § 58-8 of this chapter, and it shall be unlawful for any person to fail or refuse to comply with the Harbormaster's orders or directions with regard to the disposition of such vessel.
A.
Mooring plans. Any plan of mooring areas and of segregation
of vessels by types and length, in the interest of vessel safety and
maximum use of available anchorage areas, shall conform to mooring
plans prepared and made available by the Harbor Management Commission.
B.
Dedicated mooring areas. Some areas of Old Lyme waters
are designated mooring areas and have specified mooring locations
determined in order to provide for the best and most efficient arrangement
of vessels. However, waterfront property owners may exercise their
riparian rights for use of the waters which may have an effect on
the arrangements within a designated mooring area.
C.
Mooring records. The Harbormaster shall keep a description
of all moorings, their locations, and the permittee's name, whether
a commercial entity or private individual, home and business addresses
and telephone numbers, and the date the mooring was inspected and
set. For private moorings in the designated mooring areas, the name,
type, length, beam and draft of the vessel to be moored thereto and
its registration or documentation number shall be recorded. (The description
of the vessel is not necessary for beachfront property owners.) The
Harbormaster will maintain a record of annual lessees of commercial
moorings. All moorings shall be identified by a permit number assigned
by the Harbormaster at the time the mooring permit is issued. The
Harbormaster shall present reports to the Harbor Management Commission
as requested.
D.
Mooring Assignment Committee. This advisory committee
shall be elected by the Harbor Management Commission and shall consist
of three members of the Commission plus the Harbormaster as an ex
officio nonvoting member. The Committee shall elect its own Chairman.
This Committee's responsibility shall be to advise the Harbormaster
and to monitor placement of moorings to ensure that all mooring assignments
are made in conformance with the policies of this plan and the provisions
of this chapter.
E.
Assignment of mooring space in the designated noncommercial
mooring area.
[Amended 12-14-1998]
(1)
All assignments of mooring space in the designated
noncommercial mooring area shall be made by the Harbormaster upon
written application therefor by any person or persons, partnership,
sole proprietorship, or any corporation or other organized group recognized
by and registered with the State of Connecticut or the Town of Old
Lyme. However, application from entities whose principal assets consist
of the mooring applied for and a boat shall not be accepted. If the
available mooring space is more than adequate for a vessel, the owner
of such vessel shall nevertheless be granted that space which shall
be temporary and the vessel so assigned will be moved to a more appropriate
space within the aforesaid area at the first available opportunity.
(2)
If the applicant shall refuse the grant of a mooring
space when offered or owns no vessel within 30 days of the grant of
the application, the application shall be redated as of the date of
refusal and the applicant's name moved to the bottom of the appropriate
list of applicants.
(3)
Mooring permits shall be limited to one per household,
corporation or organized group, unless, on or after June 1, appropriate
mooring locations are unassigned and only until such time as a valid
application, considering depth of water, size and type of vessel,
is made by an applicant for an initial mooring. (The original permittee
will be given 30 days' notice.)[1]
[1]
Editor's Note: Original § 27F, Initial
Assignment, which immediately followed this subsection, was rescinded
12-14-1998.
A.
Waterfront property owners (shore or Connecticut River).
Permit will be granted if mooring circle is within side reference
lines (see Figure No. 5).[1] If mooring circle extends beyond side reference lines,
a permit may be granted depending on use of adjacent area (see Figure
No. 6).[2] The applicant must indicate requested distance from mean
high water line as well as probable vessel size. However, beachfront
property owners may apply for a mooring permit without the requirement
to define the vessel. This is done to allow landlords to rent property
with the assurances that a boat may be moored offshore in front. Mooring
tackle description must be included in the application and should
conform to the minimums listed in this plan considering the largest
vessel to be moored. Encroachment on federal channels will not be
allowed. If moorings in the designated mooring areas prohibit access
to navigable waters, adjustments shall be made to grant access. If
a waterfront property owner desires a mooring in front of the owned
property and it would be within (or interferes with) a designated
mooring area, one mooring in the designated mooring area may be granted
if there is a suitable location for the displaced mooring permittee.
However, the location of the mooring cannot interfere with safe use
by others and may not be located beyond the halfway point to property
opposite the owner's shore.
[Amended 12-14-1998]
B.
Waterfront property owners (estuaries, river). Permit
will be granted if mooring circle is within side reference lines and
does not prevent navigation. Applicant must indicate location of mooring
and probable vessel size. If moorings in the designated mooring areas
prohibit access to navigable waters, adjustments shall be made to
grant access. If a waterfront property owner desires a mooring in
front of the owned property and it would be within (or interferes
with) a designated mooring area, one mooring in the designated mooring
area may be granted if there is a suitable location for the displaced
mooring permittee. However, the location of the mooring cannot interfere
with safe use by others and may not be located beyond the halfway
point to property opposite the owner's shore.
[Amended 12-14-1998]
C.
D.
Designated mooring area, noncommercial. All vessels
using this sector must be registered in Connecticut. Vessels numbered
out of state and documented vessels must be registered and display
a current Connecticut registration decal. Vessels must be owned by
the applicant. Waterfront property owners are not limited because
of the placement of a designated mooring area. See Figure No. 3.[5]
[5]
Editor's Note: Figure No. 3 is on file at
the Town Clerk's office.
E.
Application forms. Mooring application forms will
be made available in the Selectmen's office at the Old Lyme Town Hall.
Up until February 1, renewals will have first priority. After February
1, applications will be considered based on the date of receipt.
[Amended 12-14-1998]
F.
Fees. Granting of mooring permits shall require a
nonrefundable application fee as set by the Harbor Management Commission.
[Amended 12-14-1998]
G.
Mooring placement. When an applicant has registered
for a mooring, the Harbormaster shall assign a place and number for
a specific location. The applicant shall mark the mooring float with
the applicant's last name, permit number, and weight of mushroom anchor,
all in two-inch letters of contrasting color.
[Amended 12-14-1998]
H.
Permit dates and transferability. All mooring permits
issued are valid from March 1 to the last day of February. No mooring
permit within the designated mooring area shall be transferable except
within the owner's immediate household. The Harbormaster may permit
the temporary use (i.e., normally less than one month) of a mooring
by another vessel upon written request by the holder of the permit
in the designated mooring area.
I.
Registration of mooring space; previously registered
boats.
(1)
Any person who, during the immediately preceding year,
was a permit holder shall have until February 1 of the following year
to apply for renewal of a permit. All applications for renewal of
the permit shall contain the information noted in preceding subsections
and shall be accompanied by the application fee. Applications shall
be delivered on or before February 1 and addressed to: Harbormaster,
Town of Old Lyme, 52 Lyme Street, Old Lyme, CT 06371. Failure to submit
an application for renewal of a permit by February 1 shall result
in a loss of mooring space. This application may be made in person
in the Selectmen's office under the same time constraints.
[Amended 12-14-1998]
(2)
If a permit holder is temporarily without a boat while
planning to acquire an alternative, he may apply to the Harbormaster
to retain his mooring space for a period of 30 days.
(3)
Relocation application. A registered holder of a permit
in the designated mooring area who desires to apply for a different
mooring space for a different boat shall file a relocation application
containing the appropriate information along with the existing mooring
space registration number.
J.
Request for new space. All requests for new mooring
space shall be made by an application containing the information noted
in the preceding subsections and the application fee.
K.
Waiting list. The Harbormaster shall cause to be posted
in the Old Lyme Town Hall a list showing the names of persons desiring
private mooring space in the designated mooring area and the date
of application, the area in which such space is desired, and the size
of the vessel for which such mooring space has been requested. The
aforesaid list shall be compiled from all persons making application
for new mooring space or for relocation.
L.
Forfeiture of mooring space. Except as otherwise noted,
any registered mooring permittee shall be deemed to have forfeited
his registered mooring space by reason of the following:
(1)
Removal of mooring and notification to the Harbormaster
that the space is available.
(2)
Failure to re-register for such space by February
1 of any season or failure to replace any piece of the mooring not
complying with the mooring standards within 30 days of notice to the
applicant by the Harbormaster.
(3)
Failure to resurface or replace mooring within 30
days after being advised by the Harbormaster that the mooring buoy
is down.
Moorings must meet or exceed the minimum requirements
as set forth in the Minimum Mooring Tackle Specifications.[1] It should be recognized that these standards are also
used for mooring spacing.
[1]
Editor's Note: See the table included at the
end of this chapter.
Any permit holder who owns his mooring tackle
and is abandoning his mooring space may offer to sell the mooring
tackle occupying such space to the next person assigned the same.
If such mooring tackle is not sold, it shall be removed by such permit
holder. Failure of the permit holder to remove such tackle shall constitute
the abandonment thereof, and such tackle may be removed by the Harbormaster
at the expense of such permit holder thereof. The moving of any mooring
to assigned space shall be at the applicant's expense and only with
prior written approval of the Harbormaster.
A.
Mooring tackle shall be inspected before initial placement,
and no permit shall be issued for the vessel to be moored thereat
unless the application is accompanied by a certificate of a qualified
inspector that such mooring has been inspected by him within the preceding
24 months and that it complies with the minimum mooring standards
established hereby.
[Amended 12-14-1998]
B.
All moorings are subject to periodic inspections by
the Harbormaster or his delegate who may require hauling, repair or
replacement for worn or defective tackle.
C.
Qualification of inspectors.
(1)
Any person upon application to the Harbormaster and
demonstration to him of his familiarity with the rules and regulations
of the Town relating to mooring inspection shall be considered for
approval as a qualified inspector. Such approval may be revoked by
the Harbor Management Commission if it shall appear that the inspector
has failed to exercise due diligence in performing his duties as inspector.
(2)
All inspections will be filed with the Harbormaster
on the official mooring inspection form.
[Added 12-14-1998]
All mooring tackle must be removed by December
1 of odd-numbered years and may not be put back in until the following
March 1 and only after inspection. Moorings not pulled in accordance
with this section will be considered abandoned.
