TOWN OF
RULES AND REGULATIONS
PERTAINING TO THE HARBOR, PORT, AND
CHANNELS WITHIN THE TOWN OF
Table of Contents
Page
No.:
A. Speed of Vessels, Reckless
Operation, and Wake of Vessels: 6
B. Channels 7
C. Anchorage 7
D. Buoys other than for Mooring
Vessels 8
E.
F. Water Skiing, Skin and SCUBA
Diving, Aircraft, Sailboards, 9
Jet Skis/Personal Watercraft, and Windsurfing
G. Environmental Protection of the
Harbor and Waters of the
Town of
A. Assignment of Mooring Sites 11
B. Application to the Mooring Site
Waiting List 12
C. Mooring Site Permit Application
Information 13
D. Annual Renewal of Mooring Site
Permits 14
E. Use of Permitted Mooring Sites 14 - 15
F. Choice of Mooring Site and
Resolution of Conflict 15
G. Adequacy of Moorings 16
H. Vessels Moored so as to Impede
Navigation/Endanger other Vessels 16
I. Moving or Interfering with
Moorings belonging to Another
17
J. Transient Courtesy Moorings,
Commercial Service, Rental Moorings 17
K. Moored Floats 17
L. Outhauls 18
M. Spar Mooring floats 18
N. Temporary Mooring Site Use
Program 18 - 19
O. Riparian Rights Mooring
Sites 19
P. Abandoned Mooring Sites 20 - 21
Q. Revocation of Mooring Site
Permit 21
R. Disposal of Mooring Tackle 21 - 22
IV. PIERS, WHARVES, FLOATS AND
OTHER MARINE‑RELATED Page No.:
A. Authority 23
B. Permits 23
C. Application Requirements 23-24
D. Application Process 24-27
E. Findings of Fact 27
F. Conditions of Approval 28
G. Performance Standards 28-29
H. Administration and Enforcement 29-30
A. Duties 30
B. Qualification, Salary, and
Appointment 31
C. Assistants 31
A. Violations 31
B. Enforcement by Harbor Master 31
C. Additional Enforcement Authority
for Violations of State Statute 32
D. Responsibility of Owner 33
E. Expenses of Moving a Vessel 33
A. Appeal of Decisions of the
Harbor Master 33-34
B. Request for reconsideration of
decisions of the Port Authority 34-35
C. Appeal of Decisions of the Port
Authority 35
A. Complaint Procedures 35-36
B. Action of the Harbor Master 36
A. General Provisions 36
B. Mooring Site Fees 36-37
C. Other Fees 37
XI. SEVERABILITY 38
XII. EFFECTIVE DATE AND RECORD OF
CHANGES 38-40
TOWN OF
RULES AND REGULATIONS
PERTAINING TO THE HARBOR, PORT AND
CHANNELS WITHIN THE TOWN OF
These Rules and Regulations are
promulgated under Section 4 of the Act Creating the Town of Kittery Port
Authority, Chapter 163, Private and Special laws 1961, 100th Legislature of the
State of Maine, HP 682 (Legislature Document No. 960), and under the laws of
the State as amended from time to time and shall have the force and effect of
law as municipal ordinances and shall be construed in accordance with Title 38
M.R.S.A. as amended. These Rules and Regulations apply to boats, boating and
the use of waters within the Town of
A. Berth: The place where a ship
lies when at a wharf or pier.
B. Channels: Areas of the harbor
kept open for navigation or other purpose by rule or regulation of the Port
Authority, the Department of Army or other regulatory or legislative body.
C. Commercial Use: The boat shall
be considered as used for commercial use when its principal purpose or use is
in the pursuit of one's business or trade for the purpose of earning a
livelihood. The burden of proof in establishing the commercial use of a boat
shall be upon the boat owner.
D. Dinghy, Tender or Skiff: A
vessel 12'6" or less in length and 5'0" or less in beam associated
with a specific larger vessel and principally used for transportation from the
larger vessel to a landing or other vessel.
E. Dock: The slip or waterway
extending between two (2)
piers or projecting wharves or cut
into the land for the reception of vessels.
F. Float: A platform that floats
and is anchored, moored
or secured at or near the shore,
used for landing or other purposes.
G. Harbor: The harbor shall include
the tidal waters within the geographical limits of the Town of Kittery, Maine.
H. Harbor Master: An officer
employed by the Port Authority to oversee the jurisdictional area of the
authority with power to make arrests, and having the authority, duties and
responsibilities conferred by state statute and municipal rules, regulations
and ordinances. In the absence, incapacity, or vacancy of the Harbor Master
position the Port Authority may designate an acting Harbor Master who shall
have the same authority, powers, and duties as set forth in these Rules and
Regulations.
I.
K. Knot: One nautical mile per hour
or approximately 1.15 statute mile per hour
L. Landing: A place for landing or
discharging persons or things, as from a vessel.
M. Marina: A marina is a dock or
basin providing secured moorings for motor boats and yachts and often offering
supply, repair and other facilities; a dock or basin providing dockage,
supplies and services such as storage and repairs to small craft (65') 19.8m
and less.
N. Mooring: A mooring is a
permanent, adequate means of securing a boat to the bottom in an anchorage
which is not carried aboard a craft when underway as regular equipment.
1. Mooring, Private ‑ A
mooring utilized by a vessel for private use only.
2. Mooring, Public ‑ A
mooring owned or leased by the Town of
3. Mooring, Commercial ‑ A
mooring utilized by an individual, partnership, or corporation used in the
pursuit of business or trade.
4. Mooring, Rental ‑ Any
mooring offered by individuals or marinas for transient or seasonal rental
including moorings controlled by clubs.
5. Transient Courtesy Mooring: A
transient courtesy mooring, other than one maintained by the Town of
O. Mooring Site: The term
"Mooring Site" shall mean a specific point on the ocean bottom in a
mooring area assigned by the Harbor Master to a specific vessel and its owner
or owner and use. Approval of the physical mooring tackle(hardware) is covered
separately and is approved by the Harbor Master for the particular location
permitted.
P. Mooring Site Waiting List: A
list or lists of boat owners, arranged by serial number, requesting a mooring
site in the tidal waters of the Town of
Q. Mooring Site Permit: Shall be
the assignment by the Harbor Master of a mooring site. All such mooring site
permits shall be issued by the Harbor Master upon application by the boat owner
according to these Rules and Regulations.
R. Town Resident: Also referred to
as "Municipal resident" means any person who owns real property in
S. Normal High‑Water Line:
That line which is apparent from visible markings, changes in the character of
soils due to prolonged action of the water or changes in vegetation, and which
distinguishes between predominately aquatic and predominantly terrestrial land.
T. Outhaul: A assembly consisting
of a submerged pulley and continuous line between a moored boat and a fixed
point on shore for the purpose of boarding a boat from the shore without the
need of a dinghy. Outhauls are customarily used by people with shorefront
property for mooring small boats.
U. Pier: A breakwater or mole
extending into the harbor for use as a landing place, a promenade, or to
protect or form a harbor; a structure built out into the water with piles for
use as a landing place.
U.1. Commercial Pier: Any pier that exceeds six
(6) feet in width shall be considered a commercial pier.
V. Port: The port includes the town
wharves at
W. Temporary Mooring Site Permit:
Shall mean a mooring site permit issued or assigned by the Harbor Master on a
temporary basis not to exceed one (1) season (May 1st through May 1st) per
assignment.
X. Vessels: Vessels shall include
boats of all sizes propelled by sails, machinery or hand; scows, dredges, shell
fish cars and craft of any kind.
Y. Wharf: A structure of timber,
masonry, concrete, earth or other material, built on the shore of a harbor,
river, canal, or the like, especially on extending parallel to the shore line,
so that vessels may lie close alongside to receive and discharge passengers and
cargo.
Z. Swim Float: A structure that is
moored on a temporary basis no earlier than June 1 and no later than October 15
for swimming purposes only, with no water-
craft tied to the float for any
extended periods of time.
A. Speed of Vessels, Reckless
Operation, and Wake of Vessels: Vessels shall be operated in the harbor at a
reasonable and prudent speed with due regard to all prevailing circumstances
and in such a manner as to not endanger craft, persons or property. Vessels
shall be operated so they do not create a wake that endangers or damages any
person, vessels or property, whether anchored or underway, waterfront piers,
floats or other property or shorelines, either directly or by effect of the
wash or wake created by the Watercraft through its speed or otherwise, nor
exceed the speed of five (5) m.p.h. in the following areas:
1. Pepperrell Cove Including
Chauncey Creek:
a. From the entrance to Pepperrell
Cove channel (RED NUN BUOY #4) to the
b.
From the entrance of Chauncey Creek channel to the upper end of Chauncey Creek.
2. Spruce Creek:
The area from Hicks Rocks Spindle
below Kittery Point Bridge to fifty (50) yards north of the old railroad
trestle in Spruce Creek.
3. Back Channel:
From red nun buoy #4 at the
Southeasterly end of the back channel, up the river to both the North and
Southeast sides of Badger's Island terminating at Western end of Badger's
EXCEPTION: Nothing in these speed
or wake regulations shall make unlawful any action necessary for (a)
navigational safety; (b) observance of the rules of the road, and 8 emergency missions by emergency or
public safety craft.
The burden shall be upon any person
asserting the exception provided by this Section as a defense to a prosecution
for violation of any speed or wake regulation.
B. Channels: Channels for the
passage of boats shall be maintained in the area under the jurisdictional
limits of the Port Authority and shall be clear of any and all obstructions.
1. A channel is established from
Nun Buoy Number 4(Fishing Island), one hundred fifty (150) feet wide, to the
town wharf at Kittery Point; also a fifty (50) foot wide deep water channel at
the entrance of Chauncey Creek from Nun Buoy No. 4 to a line from the southern
end of Phillip's Island (which is sometimes known as Moore's Island) to the
northern end of Gooseberry Island. Chauncey Creek above this line shall be
maintained as a mooring area with the Harbor Master laying out mooring sites in
such a manner as to insure that the channel shall not be obstructed. The Harbor
Master may require bow and stern moorings, if necessary to insure clear passage
in this area.
2. A fifty(50) foot channel is
established from red nun buoy #6, at Hick's rocks, Northwest and Westward up
the back channel between green can #3 and red nun buoy #4. Up the river to both
the North and Southeast sides of Badger's Island, terminating at the Western
end of Badger's
C. Anchorage
Vessels shall be anchored in the
harbor only in such places or areas as the Harbor Master shall direct. The
Harbor Master may at any time order any vessel at anchor to change position
when, in the exercise of his or her judgment, he or she determines that such
vessel is so anchored as to impede navigation or to endanger other vessels. The
normal anchorage area is designated as being to the North and West of Nun Buoy
No. 4 and to the west of Pepperrell Cove mooring area.
D. Buoys other than for Mooring
Vessels:
No buoy of this type shall be
placed in channels leading to wharves, nor shall such buoys be placed less than
three (3) vessel lengths from a mooring for that vessel. The Harbor Master is
empowered, in the interest of public safety, to require the removal of buoys.
E.
1. Obstruction: No person shall
obstruct by any means whatsoever the free use of piers, docks and other common
landing places. The town wharves shall be used only for loading and unloading.
Vessels shall not remain moored to the wharf or float for a period longer than
thirty (30) minutes except by permission of the Harbor Master. The Harbor
Master shall remove or cause to be removed any unattended vessel obstructing
free use of piers, docks or other common landing places after due effort has
been made to notify the Master or owner of said vessel of the above violation.
2. Public Nuisance: No person shall
loiter, create a public nuisance or partake of alcoholic beverages on town
wharves or landings. Town wharves or piers may be closed by the Police
Department when it is warranted by acts of vandalism or disturbance of the
peace and threats to Natural Resources.
3. Closure of Facilities: Town
wharves, piers, floats, and landings may be closed by order of the Port
Authority when warranted by acts of vandalism, disturbance of the peace,
storms, and public safety or Natural Resources. The Harbor Master may act in
lieu of the Port Authority in times of impending storms, or threats to public
safety or Natural Resources.
4. Swimming: No person shall dive
from, swim or skin dive without permission of the Harbor Master, within thirty
(30) feet of Town‑owned floats.
5. Tying of dinghies to town
floats:
a. Dinghy painter length required.
All dinghies, skiffs, or tenders
tied to Town owned floats shall allow at least 10 feet of line between the
float and boat.
b. Size of dinghies allowed.
No boat more than twelve feet six
inches (12' 6") in length shall be tied to a town owned float except for
loading and unloading.
c. Damage done by dinghies.
Boats tied to town owned floats
causing damage to adjacent craft, whether due to their construction, design, or
location will be subject to removal by owners on order of the Harbor
Master. All dinghies, skiffs or tenders tied to town floats are to be maintained
and bailed free of water. The Harbor Master shall segregate dinghies (i.e.,
aluminum, inflatable, etc.) as required to minimize damage to adjacent craft.
d. Marking of dinghies.
Either a mooring number or boat
name shall be prominently displayed on all dinghies, skiffs or tenders.
e. Removal of dinghies for winter.
Except where otherwise permitted by
the Harbor Master, all dinghies, skiffs and tenders shall be removed from Town‑owned
floats by October 15th of each year. Any
tenders left after this date will be charged a late fee of $5.00 to be assessed
the following year before tying tenders to town piers.
6. Storage of personal property on
town piers, floats, and landings:
Personal property, such as lobster
traps, bait, automobiles, cradles, boats, floats, etc., shall not be stored on
Town wharves or landings. The Loading Zone, as designated by the Harbor Master,
shall be used only for lobster traps, fishing gear and items in transit. Except June 1st to after Labor Day from 5:00
p.m. Friday - 5:00 p.m. Sunday, no lobster traps are permitted on the main
aluminum float at Pepperrell Cove Pier.
7. Use of Restrooms at Pepperrell
Cove (Reserved)
8. Parking adjacent to all Town
Landings and waterfront accesses including Pepperrell Cove,
F. Water Skiing, Skin & SCUBA
Diving, Aircraft, Sailboards, Jet Skis/Personal Watercraft, and Windsurfing:
1. Water Skiing, skin and SCUBA
diving, and Sailboards, and shall be governed by the appropriate Rules, Regulations
and statutes of the state. There shall be no Water Skiing or Windsurfing in
congested mooring areas, anchorage areas or in speed limited areas governed by
the Authority. Water Ski Jumps may be allowed by the Authority on a case by
case basis as Temporary moored floats covered in section III below.
2. Operators of Jet Skis/Personal
Watercraft shall observe the same Rules and Regulations applicable to
other vessels.
3. Aircraft shall observe the same
mooring and anchorage rules that apply to other vessels and shall be regulated
by the Maine Aeronautics Commission. In addition they shall be regulated by
applicable state and federal rules, regulations and statutes.
G. Environmental Protection of the
Harbor and Waters of the Town of
1. Waste and Refuse.
No person or vessel shall deposit,
throw, sweep, pump or otherwise cause to be deposited into the waters of
Kittery, or into adjacent waters, any gas or oil or bilge water containing
same, dirt, stones, gravel, mud, logs, planks, or any other substance tending
to obstruct the navigation or pollute the waters of said harbor or waters
adjacent thereto.
2. Use of Dumpsters.
No trash or refuse shall be placed
on any town float or pier except in designated containers. During the summer
season a courtesy dumpster is provided at Pepperrell Cove only for the use of
fishermen and boaters. No household trash or refuse of any kind not generated
on the vessel may be placed in this dumpster. Recyclable items must be properly
deposited in the containers provided as specified in Town recycling
regulations. Fishermen and boaters must carry out their own trash after the
season ends and the dumpster has been removed.
3. Oils and Hazardous wastes.
No oil or other hazardous wastes
shall be deposited in town Dumpsters or left on Town piers, floats, or landings
under any circumstances. Such material must be disposed of properly at the Town=s designated disposal site as
specified in the appropriate waste disposal regulations.
These Rules and Regulations are
promulgated to meet the requirements of Title 38, Maine Revised Statutes
Annotated (M.R.S.A.), as amended:
A. Assignment of Mooring Sites:
All mooring sites except as
otherwise provided by Title 38 M.R.S.A. et. seq. shall be under the exclusive control
of the Harbor Master. When the requests for mooring sites exceed the sites
available, mooring sites shall be assigned according to the allocation
provisions of this section from established mooring site area waiting lists
maintained by the Harbor Master. The mooring site areas are designated by the
following letter codes:
IS= Isles
of Shoals (Landowner or Lessee only)
CC= Chauncey
Creek including
PC= Pepperrell
Cove
FM=
SC= Spruce
Creek above the
BC=
BI=
PR=
EL= Rt.
95 bridge to Eliot line
OH= Outhauls
1. Assignment of Mooring Site with
no Waiting list
If at the time an individual
applies for a mooring site, there is no waiting list for that area (except at
the Isles of Shoals where the applicant must be a landowner or lessee to be
assigned a mooring site), this individual shall be assigned a mooring site
without regard to allocation provisions of these Rules and Regulations.
2. Assignment of Mooring Sites from
the Waiting List
a. The Harbor Master shall maintain
a separate waiting list for each area for both commercial and non‑commercial
applicants. These lists shall be further separated by Town resident and non
Town resident and arranged by serial number. The burden of proof in determining
Town residency and the principal use of a vessel shall be upon the
applicant. The current mooring list
existing on April 4, 2002, shall be closed but all mooring assignments made
after this date shall continue to be made from the mooring list, as it exists
prior to April 4, 2002, until all applicants on that list shall be dealt
with. After April 4, 2002, all requests
for mooring assignments shall appear on two lists, and all mooring assignments
shall be made on a first come, first serve basis from these lists, without
regard to residency.
b. With regard to all names
appearing on the mooring waiting lists as it exists prior to April 4, 2002, the
Harbor Master shall offer the next mooring site that becomes available in an
area to the first person on the commercial list and if declined, then to the
first person on the non‑commercial list, with the pre-April 4, 2002
mooring list in such a manner as to maintain a (5:1) ratio of resident to non‑resident
new assignments. When the pre-mooring
lists are exhausted, all applicants for a mooring assignment appearing on the
two lists (Commercial and Non-Commercial) created after April 4, 2002 shall be
issued in the order that the names appear on the two lists on a first come,
first serve basis.
c. Persons on the waiting lists may
decline an offered mooring site or temporarily accept an alternative and retain
their relative position on the Mooring Site Waiting List.
d. Waiting list applicants who
change their status from pleasure to commercial will be assigned to the bottom
of the commercial list for area desired.
B. Applications to the Mooring Site
Waiting List:
1. Person(s) may add their name to
an area mooring site waiting list by filling out a mooring site permit
application available at the Town Hall and paying the application fee. The
application must be filled out as follows:
a. The application must indicate a
choice of mooring site area using the area designation codes in section III.A
above.
b. The application must be filled
out in the name of the person to whom the boat will be registered or documented
regardless of whether there is multiple ownership of the vessel.
2. Upon receipt of the completed application
the Harbor Master will review the application with regard to space available in
the areas requested and place the name on the appropriate area list(s) as
discussed in section A above. An applicants name may only be listed once on an
area waiting list except that an individual may be listed on both the
commercial and non‑commercial list at the same time. The mooring site
waiting list is considered a public document under the Freedom of Access Law.
3. Any false or misleading
information provided or set forth in the application to the mooring site
waiting list shall be grounds for the Harbor Master to disqualify an applicant
from being added to the waiting list for a period of five (5) years.
4. Commercial mooring permit
applications must show with sufficient and credible documentation satisfactory
to the Harbor Master that the primary source of income for the vessel to be
moored is through the vessel=s
use and operation. Vessels that don=t land a product such as ferry
boats, water taxis, fishing charters and similar type vessels, shall provide
documentation of bookings, plus previous year=s Maine or Federal income tax returns showing the business
declaration sufficient to satisfy the Harbor Master that the vessel is used and
operated as a commercial vessel.
C. Mooring Site Permit Application
Information:
1. Address: Each new and renewal
mooring site permit application shall contain the most current legal address of
the mooring site permit applicant. Should this address change while the
applicant maintains mooring privileges, the Harbor Master shall be immediately
notified in writing of the new address and the Harbor Master shall so note the
change on all appropriate records. All notices required to be sent to the
mooring site permit holder pursuant to any provisions of these Rules and
Regulations shall be sent to the address as it appears on the mooring site
permit application or as updated following a written notice to the Harbor
Master. Proof of mailing to such address by the Port Authority or the Harbor
Master shall satisfy any mailing or notice requirements imposed by these Rules
and Regulations.
2. Mooring Tackle: The Port
Authority shall presume that the mooring site permit holder is the owner of the
mooring tackle located or to be located in the mooring site. In the event that
the mooring tackle(hardware) is owned by someone other than the mooring site
permit holder the name and address of the mooring tackle owner shall be
provided to the Harbor Master and updated as required from time to time.
3. Vessel identification: The
mooring site permit application must clearly identify the vessel which will be
placed on the mooring. The name(s) of the mooring site permit holder recorded
on the application and the name listed as the vessel owner on the state
registration or federal documentation certificate must be the same.
D. Annual Renewal of Mooring Site
Permits:
All mooring site permits must be
renewed and all fees paid by March 1st of each year, and prior to putting his
or her boat on that mooring. (In effect as of January 1, 2003)
1. All
mooring permits expire on December 31 of the calendar year.
2. Late
fees: March 15th to April 15th -
$25.00
April 16th to May 15th - $50.00
May 16th - the mooring permit is
considered revoked.
3. Anyone
having their permit revoked for non-payment of permit or late fees will be
notified by certified mail by the Harbor Master or his duly appointed agent at
their last known address as it appears in the Port Authority records that they
must request a hearing before the Port Authority within sixty (60) days from
the mailing of said notice, or the revocation is final and the mooring will be
reassigned. Proof of mailing of said
notice shall be satisfactory proof that the mailing was sent.
E. Use of Permitted Mooring Sites:
Title 38 M.R.S.A. expressly forbids
those who are granted a private mooring site assignment from transferring that
right or privilege to another, unless the mooring site was initially granted as
a rental mooring site. This section of state law specifically says Assignment
of these mooring privileges does not confer any right, title, or interest in
submerged or intertidal lands owned by the state and further says Assignments
shall not be rented unless the provision for rental was part of the agreement
when the mooring was originally assigned.
Rental moorings issued before 1968 are considered grandfathered by the
Port Authority and the Corps of Engineers.
The burden of proving through credible and reliable evidence that the
mooring was issued as a rental mooring prior to 1968 shall rest with the
individual seeking to have the rental mooring grandfathered. All rental moorings issued since 1968, in
order to continue as rental moorings, must show proof that the rental mooring
was properly documented with the Army Corps of Engineers and the Kittery Port
Authority.
Simply stated; a person who is
assigned a private mooring site may not rent, loan, lease, lend, give, bestow,
permit, accommodate, allow use of, or give permission to any other person to
use his or her assigned private mooring site (whether or not money or other consideration
is exchanged) except as allowed by the Harbor Master on a case by case basis.
1. Mooring sites cannot be
transferred between family members except that a mooring site used for
commercial fishing purposes may be transferred at the request of, or upon the
death of the assignee, only to a member of the assignee's family and only if
the mooring site assignment will continue to be used solely for commercial
fishing purposes. "Member of the assignee's family" shall mean an
assignee's spouse, parent, child or sibling, by birth or by adoption, including
a relation of the half blood.
2. Only a vessel which is properly
registered or documented in the name of the mooring site permit holder may be
placed on that person=s
private mooring. The name(s) of the mooring site permit holder as recorded by
the Harbor Master and the name listed as the vessel owner on the state
registration or federal documentation certificate must be the same.
3. Approved mooring site permits or
assignments for the size and type of boat described on the permit are valid
from the date of issuance until March
1st of the following year. Mooring site assignees may change vessels on their
assigned mooring site only with the permission of the Harbor Master. In
general, mooring site permits will be limited to the same approximate
size and type of vessel unless, in the judgment of the Harbor Master, a change
can be made without adversely affecting the Harbor mooring site plan or
adjoining mooring site assignees.
4. The Harbor Master shall at any
time be authorized to seek information from a mooring site permit holder with
respect to the use, location, ownership, or any other factual information
relating to the permit application that the Harbor Master deems meaningful.
Failure to respond to the Harbor Masters inquiry shall be a basis for the
Harbor Master to revoke the mooring site permit.
F. Choice of Mooring Site and
Resolution of Conflict:
The Harbor Master shall, consistent
with these Rules and Regulations and 38 M.R.S.A. and with due regard for the
safety of other vessels and of navigation, give consideration to the choice of
the applicant. However, where mooring site rights of the individuals are claimed
to be invaded or poses a danger to property or navigation and protection is
sought from the Harbor Master, he or she shall assign and indicate to the
mooring site permit holder the location which they may occupy for mooring
purposes, and shall change the location of those moorings from time to time
when crowding or other conditions render the change desirable.
G. Adequacy of Moorings:
All mooring tackle set in a mooring
site shall be of sufficient size to hold the vessel or which it is used. An
"Adequate Mooring" under this section shall conform to the following
requirements:
1. All mooring tackles shall be
approved by the Harbor Master with the assigned registration number permanently
affixed thereon. Such number shall be at least three (3) inches high and shall
be clearly visible at all times. The Harbor Master may at any time examine any
mooring tackle to determine compliance with this section. Except in cases of
emergency, he or she shall notify the owner of his or her intention to examine
the mooring tackle and request the presence of the owner during such
examination. Mooring tackle found to be inadequate with regards to the
requirements of this section shall be corrected within forty‑eight hours
of being so notified or shall be removed forthwith. Any cost of examination or
removal resulting therefrom shall be borne by the holder of the mooring site
permit. If a vessel is required to be moved for reasons of the safety of other
vessels, the owner shall be responsible for all associated costs.
2. The registered owner listed on
mooring site permit shall be subject to responsibility and liability for
any damage caused by his or her boat whether such owner is aboard his or her
boat or not.
H. Vessels Moored so as to Impede
Navigation or to Endanger Other Vessels:
No more than one Vessel shall
occupy a single mooring site without said vessels being occupied. All mooring
sites, whether now existing or hereinafter set, shall be located in such a way
that the vessels will not impede navigation within the harbor, nor endanger
other vessels. If the Harbor Master finds that any vessel is moored as to
impede navigation or to endanger other vessels he or she may direct that
the owner of the vessel take such steps, whether by shortening the scope of the
mooring lines, or by the use of additional mooring lines, as will prevent such
impeding of navigation or endangering of other vessels; or in the alternative,
he or she may order that the mooring be removed from the site or relocated. In
requiring the removal of a mooring because of its danger to other moorings, the
mooring last set shall be the first removed. Any person so ordered by the
Harbor Master acting under this paragraph, shall remove the same within forty‑eight
(48) hours after so ordered; provided, however, that if the Harbor Master shall
find an emergency requiring immediate action to prevent injury to life or
damage to property, he or she may cause said mooring or any vessel attached
thereto to be immediately removed and relocated. Any expense involved shall be
borne by the owner of the mooring or vessel being removed.
I. Moving or Interfering with
Moorings Belonging to Another:
Except by direction of the Harbor
Master, and with permission of the owner, no person shall move or interfere
with any mooring or vessel in the waters of the Town of
J. Transient Courtesy Moorings,
Commercial Service, and Rental Moorings:
1. Municipal:
Transient Courtesy Moorings are
provided and maintained by the Town of
2. Non‑Municipal:
Transient Courtesy Mooring Site
Assignments shall be for the use of visiting of guest vessels. Such mooring
sites shall not be rented and shall be clearly recognizable and identifiable
with distinguishing color or markings as determined by the Harbor Master. No
vessels may use these mooring sites for a period longer than twenty‑four
(24) hours, except under unusual circumstances and only with the express
permission of the Harbor Master.
3. Commercial Service and Rental
Moorings
Commercial Service and Rental
Mooring sites will be allowed only upon the approval of the Port Authority.
K. Moored Floats:
Moored floats are only authorized with
expressed permission of the Port Authority and only after receiving an Army
Corps of Engineers Permit.
L. Outhauls:
All Outhauls shall be approved by
the Harbor Master. Person(s) applying for an outhaul must show that they have
authorized access to the location requested.
M. Spar mooring floats:
No new spar mooring floats shall be
installed within the waters of the Town of
N. Temporary Mooring Site Use
Program:
1.
To achieve the most efficient and extensive use of the limited
mooring assets in
to assign moorings not being used
by the mooring site permit holders to
other individuals on a temporary
basis.
2.
A mooring site permit holder must place his mooring in the
Temporary Mooring program for
reassignment for a minimum of one
full season; longer periods of up
to three years may also be designated.
Placement of a mooring site in the
Temporary Mooring program shall be made
prior to March 1st. A mooring site whose designated period of inclusion in the Temporary Mooring
program has expired may be extended
for an additional season by the Harbor Master if, after notification of the mooring permit holder that
the designated period has expired, he
has received no reply prior to March 1st that the mooring
site has been withdrawn from the
Temporary Mooring program.
3.
At the time the mooring is placed in the Temporary Mooring
program, the mooring permit holder
shall provide written evidence
to the Harbor Master documenting
the size and condition of the
mooring tackle. Required information shall include: the type
and
weight of mooring block, type and
size of chain and pennant, date
of last mooring inspection and the
name of the inspector, name of the
person/firm responsible for annual
maintenance, and any additional
information as may be required by
the Port Authority or the
Harbor Master.
4.
The Harbor Master shall reassign temporary moorings using
the various categories of the
Mooring Waiting List as the primary
method of determining the priority
of assignment. However, he shall
exercise necessary caution to
insure that such assignment does not
compromise the safety of adjacent
boats. To that end, the Waiting
List priority may be waived to
place only an appropriate boat on a
mooring in the Temporary Mooring
program.
5.
During the period that a mooring site is in the Temporary Mooring
program, the person to whom the
mooring site is assigned shall be
responsible for all fees,
inspections, and maintenance of the
mooring tackle.
6.
The Port Authority is authorized hereunder to establish any further
rules, conditions, or procedures
deemed necessary for the issuance
and administration of the Temporary
Mooring Program.
O. Riparian Rights Mooring Sites:
The Town of
1. Legal interest The applicant
must show legal interest in the property and in the case of joint ownership of
property, that he or she has legal authority to act for all owners before the
application is accepted by the Port Authority.
2. Location A Riparian mooring site
shall be located only in waters immediately in front of the intertidal land
associated with the property as defined in the Kittery Land Use And Development
Code, Figure 1 for
Chapter 16.08.
3. Use A Riparian mooring site
shall be used solely by the owner of the property for personal use. Such
mooring site cannot be used by a third party, either temporarily or
permanently, except under the Temporary Mooring Site Use Program.
4. Practicality A Riparian mooring
site may only be assigned if the proposed location of said mooring site has
been determined by the Port Authority to be practicable and safe and not impede
free navigation or infringe on the rights of others.
5. Number of moorings Only one
Riparian mooring site per qualifying waterfront lot may be granted, regardless
of the amount of shorefront in excess of the 100 foot minimum requirement and
20,000 sq.ft. minimum lot size, except people owning shore rights prior to
January 1, 1987, are only required to have a 100 foot minimum shore frontage
requirement established by state law.
6. Exceptions
a. An exception to the mooring site
location may be granted by the Port Authority if the waterfront property is
adjacent to an established mooring field or area and an additional mooring site
would result in an unsafe condition. In such cases, the Port Authority may
either reassign existing mooring site locations, or, at its discretion, assign
the riparian right mooring site to another location. The simple unsuitability
of the property location for mooring a particular type of boat does not justify
this exception.
b. For the purpose of these regulations,
in the case where a property owner=s
existing mooring fronts his or her qualifying waterfront lot, it is to be
considered that property owner=s
riparian mooring site for as long as he or she owns the property.
c. In the case where a non-qualifying
lot has been legally assigned a riparian mooring prior to the adoption of these
Regulations, that mooring may continue as a riparian mooring associated with
that lot until such time the mooring has either been revoked or abandoned. Should a transfer of ownership of the
non-qualifying lot occur, the new owner may continue the use of the riparian
mooring subject to the provisions of
these Regulations, providing the mooring had not been revoked or abandoned by
any previous owner.
P. Abandoned Mooring Sites:
A mooring site shall be deemed to
be abandoned and the mooring site permit holders= mooring privileges shall be
terminated under the following conditions:
1. Should a current mooring site
permit holder fail to renew their mooring site permit within each calendar year
from its expiration date (March 1st).
2. Should a newly assigned mooring
site permit holder fail to pay all fees to the Town within 60 days of the new
assignment.
3. Mooring holders whose mooring
remains unused, submerged or unserviced
for three (3) continuous years will have their mooring sites revoked.
Q. Revocation of Mooring Site
Permit:
The Harbor Master shall have the
authority to revoke an individual's mooring site permit for any violation of
these rules and regulations. Upon revocation, the Harbor Master shall promptly
notify the individual that the mooring site permit has been revoked. Failure to
comply shall subject the violator to the penalties outlined in Section VI.
Mooring site revocation may be appealed to the Port Authority as specified in
these regulations.
R. Disposal of Mooring Tackle:
Upon the abandonment or revocation
of a mooring site permit or privilege, as provided by these Rules and
Regulations, the mooring tackle shall be disposed of as follows:
Note: For the purpose of this
section the term mooring site permit holder shall include the mooring tackle
owner if the tackle(hardware) is owned by another person.
1. Notice for Removal. The mooring
site permit holder shall be notified by the Harbor Master personally in writing
or mailed to the permit holder at the most recent address on the application of
the permit holder. The notice shall contain the following information:
a. The provisions of the Rules and
Regulations determined to be violated which have resulted in the determination
that the mooring site has been abandoned or revoked.
b. A directive to the mooring site
permit holder to remove the mooring tackle from the mooring site on or before a
specified date not to exceed 30 days from the date the notice is mailed.
c. Notification to the mooring site
permit holder that in the event the mooring tackle is not removed from the
mooring site on or before the date set forth in the notice for removal, the
ownership of the mooring tackle shall vest in the Town subject only to the
owners right to redeem the ownership to the mooring tackle as hereinafter
provided.
d. Notification that should
ownership of the mooring tackle revert to the Town as provided in 8 above by failure of the mooring
site permit holder to remove the same within the time period specified in the
notice for removal, the Harbor Master, at the expense of the mooring site
permit holder, shall take whatever action is deemed appropriate, including the
removal and storage of the mooring tackle pending sale or other disposition by
the Harbor Master.
e. Notification that the
determination set forth in section (a) above may be appealed provided that the
appeal procedure set forth in these Rules and Regulations are strictly
followed. Any appeal if timely commenced shall not stay any provisions of this
section except that no sale of mooring tackle shall occur until any appeal is
finally determined.
2.
3. Proceeds From
IV.
A. Authority:
The Port Authority is the approving
body for all marine‑related structures to be built in the town of
B. Permits:
1. No wharf, pier, float, or any
other marine‑related structure shall be erected, moved, or otherwise
altered without a Building Permit therefor, issued by the Kittery Code
Enforcement Officer after plan approval is obtained from the Port Authority, as
required by these rules and regulations and Chapter 16.20 (Permit Threshold) of
the Kittery Land Use and Development Code and in compliance with all
requirements of the applicable local, State and Federal requirements.
2. A permit for which no
substantial work has commenced within one year from date of issue shall expire.
A permit for which work is not substantially complete within two years from
date of issue shall expire. Expired permits may be renewed by the Code Enforcement
Officer upon application and payment of a fee, provided that such renewal is
sought prior to expiration under these provisions and provided that such
renewal meets all relevant rules, regulations, ordinances, statutes and codes
in effect on the date that the renewal of the expired permit is requested.
C. Application Requirements:
All applications for permits shall
be filed with the Chairman of the Port Authority or his or her designated agent
using the form provided for that purpose.
1. Plans showing the actual
dimensions and shape of the lot to be built upon; the exact size and locations
and dimensions of the proposed structures or alterations to existing
structures;
2. The Chairman shall cause notice
of the public hearing to be sent to all shorefront landowners whose shorefront
property line abuts the same water body and is located within a distance of 150
feet of the applicant=s
shorefront property line. Notices shall
be sent at the expense of the applicant.
Proof of mailing to the address shown on the Town Assessor=s property cards shall satisfy the
notice requirements imposed by this section.
3. Any other such information as
the Port Authority may deem necessary to determine conformance with these Rules
and Regulations, the Town of
4. The Port Authority may grant a
waiver from the specifications of these regulations provided that the Port
Authority finds that due to special circumstances of the specific application
the granting of a waiver will not adversely impair the public health, safety
and general welfare, the use of public waters, navigation, or harm the
environment. All such waivers must be supported by sufficient findings of fact.
5. The application must be
accompanied by an application fee in an amount set by the Port Authority. No
application shall be deemed complete by the Port Authority until payment of the
proper fees.
6. Eight sets of all submissions
shall be required.
D. Application Process:
1. Acceptance by the Chairman of
the Port Authority.
The Chairman shall make a
preliminary determination that the application is satisfactory and complete, or
waiver requests are submitted for items not included.
2. Receipt and Scheduling Hearing.
Upon acceptance, the Chairman shall
place the application on the Authority's
agenda for a Scheduling Hearing and issue a dated receipt to the applicant,
which shall constitute the official date of submission.
3. Zoning Board of Appeals/Planning
Board Review.
Where a project contains
significant upland development as an integral part of the application, review
by the ZBA or Planning Board as appropriate is encouraged prior to Port
Authority review as indicated in Chapter 16.24(Order of Review) of the Kittery
Land Use and Development Code.
4. Scheduling Hearing.
a. At the Scheduling Hearing, the
Port Authority shall accept or deny the application in accordance with the
following:
(1) that the applicant has legal
standing by virtue of vested interest (right, title, or interest) in all
properties under consideration;
(2) that the application is
complete in accordance with these regulations and the Kittery Land Use and
Development Code (if Appropriate), or the Authority accepts and approves any
requests for waivers of submission contents.
b. If the Authority accepts the
plan, it shall determine if additional information is required prior to Public
Hearing, (in which case it may require the applicant to provide such
information) and shall schedule the date for Public Hearing.
c. The Chairman shall arrange a
mutually agreeable time for a site walk by the Authority prior to Public
Hearing.
5. Public Notice.
The Chairman shall cause to be
placed a public notice of such hearing in a newspaper of general circulation at
least seven and not more than fourteen days prior to the scheduled hearing
date. The notice shall set forth the general nature of the requested approval
and shall be posted at the Municipal Offices, and shall be forwarded to the
Clerks of York and Eliot, in the case of a plan located within five hundred
feet of their municipal boundaries, at least ten days prior to the hearing.
Placing of public notices shall be at the expense of the applicant.
6. Abutter Notice.
a. The Chairman shall cause to be
sent notice of Public Hearing to all shorefront landowners whose shorefront
property line abuts the same waterbody and is located within a distance of 150
feet of the applicant=s
shorefront property line. Notices shall be sent at the expense of the
applicant. Proof of mailing to the
address shown in the Town Assessor=s
property cards shall satisfy the notice requirement.
b. Notice shall also be sent to the
Code Enforcement Officer, Town Planner, and where applicable, the ZBA, Planning
Board, and Conservation Commission, at least seven days prior to the Public
Hearing.
c. Failure of notificants to
receive said notices shall not invalidate any Port Authority action.
7. Public Hearing.
a. An accepted application shall
normally be scheduled for review and public hearing at the next regularly
scheduled meeting of the Port Authority, but no earlier than fifteen days nor
later than thirty five days from the date of Port Authority acceptance. With
the concurrence of the applicant, this deadline may be modified.
b. The following rules shall apply
to the hearing:
(1) The Chairman or acting Chairman
shall serve as the presiding officer.
(2) The Port Authority may receive
oral and documentary evidence, but shall exclude evidence which it considers
irrelevant, immaterial, or unduly repetitious.
(3) The Chairman shall determine
the order of presentation by parties represented at the hearing. Each party
shall have the right to proceed without interruption, except that rulings by
the Chair shall prevail.
(4) Any party may be represented by
agent or attorney.
(5) Any Town official having an
interest in the application may present into evidence a written summary of
findings and recommendations.
(6). The Port Authority may
continue the hearing to another time and location, including the site of the
project, as it deems necessary.
8. Port Authority action.
a. The Port Authority shall act to
approve, approve with conditions, disapprove, table, or continue plans within
thirty five days of plan acceptance unless the applicant agrees in writing to
extend the period (not to exceed 120 days).
b. In the case of an extension such
plan shall automatically be scheduled for the agenda of the next regularly
scheduled meeting after the extended period and action completed whether
the applicant has accomplished the purposes for which the continuance was
granted or not.
c. An applicant or interested party
may request reconsideration of any decision by the Port Authority as
outlined in Section VII of these Rules and Regulations.
9. Expenses
The applicant is responsible for
the application fee in section X in addition to all expenses associated with
application process.
E. Findings of Fact:
1. Action by the Port Authority
shall be based on sufficient findings of fact which support compliance with all
required standards of these Rules and Regulations, (or grant waivers for those
things requested) applicable requirements contained in the Kittery Land Use and
Development Code, Chapter 16.36, Development Application and Review (Findings
of Fact), of the Maine Mandatory Shoreland Zoning Act (M.R.S.A. Title 38),
applicable requirements of the Maine Department of Environmental Protection,
and applicable requirements of the US Army Corps of Engineers.
2. If it is mutually agreeable to
the Port Authority and the Applicant, the official, approved minutes of the
meeting may be accepted as the written findings of fact.
F. Conditions of Approval:
An approval by the Port Authority
shall take the form of an agreement between the Town of
G. Performance Standards:
1. All applications for permits
under this section must comply wholly with the requirements of the Kittery Land
Use and Development Code, Chapter 16.32 (Shoreland Zoning), and Title 38
M.R.S.A., and any other applicable federal or state requirements. These
requirements apply to all development within 250 feet, horizontal distance, of
the normal high water mark of any river or saltwater body. These requirements
also apply to any structure built on, over, or abutting a dock wharf or pier,
or any other structure extending beyond the normal high water mark of a water
body or within a coastal wetland shown on the Official Shoreland Zoning Map.
2. The construction of any piers,
docks, wharves, and other structures and uses extending over or beyond the
normal high water mark of a water body or within a wetland must comply with all
applicable requirements of the Kittery Land Use and Development Code.
3. Non-commercial private piers
shall have a maximum width of 6 feet as measured parallel to the shoreline and
shall be limited to the minimum size necessary to accomplish their purpose.
With the exception of temporary ramps and floats, the total length of a ramp,
pier and float structure shall not extend more than 150 feet beyond the normal
high water line and piers shall not extend more than 100 feet beyond the normal
high water line nor extend below the mean low water mark, whichever is shorter.
The maximum height of the pier deck shall not exceed six (6) feet above the
normal high water line without the specific approval of the Port Authority.
a.
Commercial piers shall be limited to the minimum size necessary to
accomplish their purpose. They shall not
extend beyond low water mark except with credible proof by the applicant that
the extension is necessary for the water-dependent use of the pier. The maximum height of the pier deck shall not
exceed six (6) feet above mean high water mark without a showing of necessity
and specific approval of the Port Authority.
Documentation required for an application for a commercial pier, in
addition to all other requirements of these Rules and Regulations, shall set
forth credible proof of the commercial usage and shall include at least the
following:
A. Written
documentation as to the nature of the commercial enterprise and why the
applicant is requesting a pier that doesn=t meet the non-commercial private pier standards noted in G(3)
above;
B. Written
proof of a valid commercial enterprise, such as commercial fishing license,
articles or organization/incorporation for the business, proof of Maine or
federal income tax showing business declaration;
C. Documentation
of their ownership in the commercial business or enterprise;
D. Any
additional documentation required by the Harbor Master or Port Authority for
determining the commercial use and operation of the commercial pier.
4. Piers, wharves, and pilings
shall be set back at least 25 feet from property lines and 50 feet from other
structures that are fixed in place below the normal high water line and not
owned or controlled by the applicant unless a letter of permission is granted
by abutting or other controlling property owner. If abutting property owners
reach a mutual agreement regarding structures which have a lesser setback,
which does not interfere with navigation, is practical and is consistent with
the intent of these regulations, that setback may be authorized by the Port
Authority if the applicant agrees to record any ensuing permit (which will have
that agreement as a condition) and the abutters= letters of no objection, with the
Registrar of Deeds, or other appropriate official charged with the
responsibility for maintaining records of title to or interest in real property
in the Town of Kittery.
H. Administration and Enforcement:
1. Once Port Authority approval is
granted, an applicant must apply, within one year of the date of approval, to
the Kittery Code Enforcement Officer for a Building Permit prior to
commencement of any work on the site or the approval shall terminate. The Port Authority may extend the effective
date of the approval for up to one additional year provided the renewal is
sought before the initial approval terminates and the permit meets all Port
Authority requirements in effect on the date that the request for the renewal
is sought.
2. As set forth in Chapter 16.20 of
the Kittery Land Use and Development Code, the Code Enforcement Officer is
required to approve or deny an application for a Building Permit within
fourteen working days of receiving said application.
3. The Code Enforcement Officer
shall revoke any Building Permit issued if, after due investigation, it is
determined the Permit holder has violated any of the provisions of the Port
Authority approval, the Kittery Land use and Development Code, or any
applicable code, law, or statute.
A. Duties:
In addition to, and concurrent with
his or her authority as authorized by state statue, the Harbor Master shall
enforce all provisions of these Rules and Regulations pertaining to harbors and
tidal waters under the jurisdiction of the Kittery Port Authority and the State
of Maine and shall cooperate with other Governmental agencies in enforcing
their regulations. He or she shall, under the supervision of the Port
Authority:
1. Preserve and regulate navigation
within the waters defined in these Rules and Regulations,
2. Assign mooring sites, insuring
that the mooring tackle is kept in safe condition, and maintain an accurate
plot of the location of all moorings sites in the Town of
3. Direct the removal of vessels,
if necessity or emergency requires,
4. Regulate the use of town owned
wharves, piers, docks, landings or floats,
5. Inquire into and prosecute all
offenses occurring within his or her jurisdiction.
6. Keep such records as the Port
Authority may require.
7. Regulate the use of and insure
that all town equipment and property is well maintained and kept in a safe and
functioning condition. This property includes but is not limited to wharves,
floats, piers, landings, boats, trailers, electronic equipment, cranes, and
other miscellaneous tools and safety gear.
8. Enforce State and Federal marine
safety laws and regulations and promote safe boating practices.
9. Perform such other duties as the
Port Authority may prescribe.
10. Report violations of these
rules and regulations or violations of any permit issued by the Port Authority
to the Port Authority or CEO as appropriate.
B. Qualifications Salary and
Appointment:
The Harbor Master shall be
qualified by education, training, and experience as determined by the Port
Authority. His or her salary and expenses shall be set by the Port Authority.
The Harbor Master's appointment may be revoked by the Port Authority at any
time for cause. The Harbor Master shall be appointed for a minimum term of one
(1) year, his or her qualifications, salary, and expenses to be determined by
the Port Authority. The Harbor Master shall be empowered to make arrests for
offenses under the provisions of the regulations as other peace officers are
authorized to do.
C. Assistants:
From time to time the Port
Authority may authorize the Harbor Master deputies or assistants. These assistants shall be volunteers and
shall be trained by the Harbor Master to assist in patrol, mooring site
registration, and other such duties as the Harbor Master or Port Authority may
proscribe. The Port Authority reserves the right to employ such deputies or
assistants if it determines that the assignment is in the best interest of the
Port. An assistants appointment may be terminated at any time by the Port
Authority.
A. Violations:
Whoever violates any of these rules
or regulations or refuses or neglects to obey any lawful order of a Harbor
Master or his or her duly authorized deputy or other law enforcement officer
given pursuant to these Rules and Regulations or State Statute, or obstructs a
Harbor Master in the execution of his or her duties, commits a civil violation,
which may result in the loss of mooring site privileges in the Town of Kittery,
and shall pay a fine of fifty dollars ($50.00).Each day the violation continues
after notification by the Harbor Master shall be deemed a separate offense. All
fines recovered shall accrue to the Town of
B. Enforcement by Harbor Master:
The Harbor Master, his or her duly
authorized deputy or any other law enforcement officer authorized to enforce
laws within the Town of
C. Additional Enforcement Authority
for Violations of State Statute:
In addition to the civil penalties
imposed hereunder for violations of this Ordinance, Title 38 of the Maine
Revised Statutes Annotated as amended provides additional sanctions for
violations of statutes that may be enforced by the Harbor Master as provided by
law. Among these statutes and sanctions are the following:
1. 38 M.R.S.A. 13 Failure to obey orders of Harbor Master: A
person is guilty of failure to obey an order of a Harbor Master if the person
intentionally, knowingly or recklessly fails to obey any lawful order of a
Harbor Master authorized pursuant to this subchapter. Failure to obey an order
of a Harbor Master is a Class E Crime.
2. 38 M.R.S.A. 281 Speed restrictions: Whoever operates any
Watercraft, vessel, water skis, surfboard, similar devise or motorboat, however
propelled, upon the tidewaters of any municipality or upon any of the offshore
waters within the jurisdiction of this State at a speed greater than is
reasonable and proper, having due regard for traffic, proximity to wharves,
docks, moorings or shores, and for any other conditions then existing shall be
guilty of a Class E Crime.
3. 38 M.R.S.A. 282 Endangering persons or property: Whoever
operates any Watercraft, vessel, water skis, surfboard, similar device or
motorboat, however propelled, upon the tidewaters of any municipality or upon
any of the offshore waters within the jurisdiction of this State in a manner
which endangers any person or property shall be guilty of a Class E Crime.
4. 38 M.R.S.A. 283 Operating Recklessly: Whoever operates
any Watercraft, vessel, water skis, surfboard, similar device or motorboat,
however propelled, upon the tidewaters of any municipality or upon any of the
offshore waters within the jurisdiction of this State recklessly shall be guilty
of a Class E Crime.
5. 38 M.R.S.A. 284 Operating under influence of drugs and
liquor: Whoever operates any Watercraft, vessel, water skis, surfboard, similar
device or motorboat, however propelled, upon the tidewaters of any municipality
or upon any of the offshore waters within the jurisdiction of this State while
intoxicated or under the influence of any narcotic drug, barbiturate or
marijuana shall be guilty of a Class E Crime.
D. Responsibility of Owner:
1. The owner(s) of a vessel shall
be held equally responsible together with the operator of said vessel for any
administrative violation of these rules and regulations by said operator.
2. The owner(s) of the vessel are
not liable for moving violations which are the fault of the operator of the
vessel whether or not permission to operate the vessel was granted unless they
have contributed to the fault by neglect, privity or knowledge.
E. Expenses of Moving a Vessel: In
the event that the Harbor Master removes a vessel as set forth in this ordinance,
such removal shall be at the cost and risk of the owner of the vessel. The
Harbor Master shall charge $100 to be paid by the master or owner of the
vessel, which charge, together with the cost of the crew for removing that
vessel, the Harbor Master may collect by a civil action in the District Court
as set forth in Title 38, M.R.S.A. Section 5.
A. Appeal of Decisions of the
Harbor Master:
1. Any person aggrieved by a
decision of the Harbor Master under these Rules and Regulations (other than a
decision to pursue a violation of these rules and regulations and/or state
statue in a court of competent jurisdiction) may appeal such decision to the
Port Authority within thirty(30) calendar days from the date said decision is
rendered in writing by the Harbor Master.
2. Such appeal shall be filed in
writing with the Kittery Town Clerk setting forth the reasons for the appeal.
The filing shall be considered complete when stamped as received by the Kittery
Town Clerk. The clerk shall deliver the appeal to the Chairman of the Port
Authority for the purpose of scheduling a hearing of the appeal.
3. The Port Authority shall hold a
hearing within forty five (45) days of receipt by the Town Clerk of such appeal
(Normally the next scheduled meeting). The appealing party shall be given
notice by the Port Authority by certified mail at least seven (7) days prior to
the date set for the hearing.
4. The Port Authority shall hear
all relevant evidence presented to it during the course of the hearing by the
Harbor Master and appealing party. Either side may present witnesses or
evidence in support of their respective positions. The Chairman of the Port
Authority shall serve as the presiding officer and shall determine the
admissibility of testimony in evidence. This hearing shall be held on an
informal basis with strict rules of evidence not applying.
5. After hearing, the Port
Authority shall decide the appeal by simple majority of those present and
voting and shall render a decision which may affirm, reverse or modify the
decision under review, or may remand the matter to the Harbor Master for
further proceedings in accordance with the terms of these rules and
regulations. The decision of the Port Authority, which shall be recorded in the
minutes of the meeting, shall set forth sufficient findings of fact as
appropriate. The Chairman shall provide the appellant written notification of
the decision of the Port Authority outlining the findings of fact within 10
days of the decision.
B. Request for reconsideration of
decisions of the Port Authority:
1. An applicant requesting
reconsideration of a Port Authority decision or other aggrieved person(s) who
appear and participate in the hearing before the board may request a rehearing
of such decision provided it is made within fifteen(15) calendar days from the
date of said decision is rendered and providing the request contains new or
substantially expanded information which provides sufficient grounds for
reconsideration of the decision.
2. Any such request for
reconsideration shall be filed in writing with the Kittery Town Clerk setting
forth the reasons for the request. The filing shall be considered complete when
stamped as received by the Kittery Town Clerk. The clerk shall deliver the
request for reconsideration to the Chairman of the Port Authority for the
purpose of scheduling a hearing of the request for reconsideration.
3. The Port Authority shall hold a
hearing within forty five (45) days of receipt by the Town Clerk of such
request. (Normally the next scheduled meeting). The requesting party shall be
given notice by the Port Authority by certified mail at least seven (7) days
prior to the date set for the hearing.
4. During the hearing either the
applicant requesting reconsideration, or other aggrieved person(s) who are in
opposition to the decision may present witnesses or evidence in support of
their respective positions.
5. After the hearing the Port
Authority shall take the request for reconsideration under advisement and shall
issue a decision agreed to by at least a two thirds(2/3) majority of board
members of those present and voting which may affirm, reverse or modify the
decision under review. Failure to achieve a two‑thirds majority will
reaffirm the original decision.
6. The decision of the Port
Authority, which shall be recorded in the minutes of the meeting shall set
forth findings of fact as appropriate. The Chairman shall provide the requester
written notification of the decision of the Port Authority within ten (10) days
of the decision.
C. Appeal of Decisions of the Port
Authority:
Applicants or other aggrieved
parties may appeal the decision of the Port Authority directly to the
Superior Court pursuant to the rules and procedures established for M.R.C.P. 80
(B) Appeals.
Nothing herein shall be considered
as interfering with Federal laws applicable to the coastal waters, tidal
waters, tidal rivers and harbors of the state. Where the requirements of these
Rules and Regulations are in conflict with other laws or rules, the more
restrictive, or that imposing the higher standard, shall govern.
A. Complaint procedure:
Persons aggrieved by a violation of
any regulation contained herein may file a sworn complaint with the Harbor Master
giving the following information:
1. Date and time of violation;
2. Boat causing violation,
including description and if possible, name and identifying number;
3. Owner, if known;
4. Operator or master of vessel, if
Known;
5. Nature of violation;
6. Damage or injuries cause, if
any; and
7. Witnesses, including name,
address and telephone number.
B. Action of the Harbor Master:
If the Harbor Master determines,
based on the complaint and any other investigation he or she may undertake,
that probable cause exists to believe that a violation of any regulation has
occurred, he or she shall either
1. Issue a written warning to the
alleged offender.
or
2. Issue a citation and proceed to
enforce any violation of these regulations as provided herein in a court of
competent jurisdiction.
3. Take other such action as
authorized by these regulations or other applicable local, state, or federal
laws.
The schedule of fees for such
permits and applications established by the Port Authority in accordance with
M.R.S.A. Title 38 et. seq. are as follows:
A. General Provisions:
1. Upon approval by the Harbor
Master, it is the responsibility of a mooring site applicant to submit the
approved application permit to the Town Clerk together with all fees due. Payment
of all mooring site fees is due before March 1st of each year.
2. Except as specified by the
Temporary Mooring Site Program the licensed mooring site permit holder shall be
responsible for any and all mooring site fees due the Town of
B. Mooring Site Fees:
1. Private Residents: $1 per foot
(Min. $20)
2. Private Non‑Resident: $5
per foot (Min. $100)
3. Commercial Service Mooring site:
$100
4. Transient Courtesy Mooring site:
$100
5. Rental Mooring site: $150
6. Public(Memorial): No fee if
approved.
7. Temporary Mooring sites: $100
Plus/foot as above
8. Moored Floats: The sum of the
two(2) mooring site fees
9. Town Mooring Rental: $10/day (14
day maximum)
C. Other Fees:
1. Applications for Piers, Ramps,
and attached Floats: $60
2. Dinghy fee: $15 (Non residents,
non property taxpayer (Pepperrell
Cove) only)
3. Outhaul: No charge
4. Mooring Site Waiting List:
$5/year (Non Residents)
In the event that any section,
subsection or any portion of these Regulations shall be declared by any court
of competent jurisdiction to be invalid for any reason, such decision shall not
be deemed to affect the validity of any other section, subsection or any other
portion of these Regulations; to this end, the provisions of these Regulations
are hereby declared to be severable.
These rules and regulations shall
take effect on 6 February 1997, and replaces the Town of
THE FOLLOWING CHANGES ARE EFFECTIVE
ON THE DATE INDICATED:
Change 001: amended the Regulations in order
to conform with the Recodification of Municipal Ordinances, by the Town of
Change 002: changed the wording on Section
IV.D.6; AAbutter Notice@ to cause the notice of Public
Hearing to be sent to all Ashorefront
landowners abutting the same waterbody within 150 feet.@
Also changed Section IV.G.3 to require the Amaximum height of the pier deck to
be six (6) feet above the normal high water mark.@
Also changes the word Aregistered@ to Acertified@ in Sections VII.A.3 &
VII.B.3. Corrects spelling of Aintefer@ to Ainterfere.@
These changes were approved at the regular meeting of the Kittery Port
Authority on 1 May 1997.
Change 003: added new paragraph III.O.6c
concerning Agrandfathering@ legally existing riparian moorings
to lots that do not qualify for a riparian mooring under these regulations
because they do not have 100' of frontage.
These changes were approved at the regular meeting of the Kittery Port
Authority on 4 September 1997.
Change 004: amended paragraph Section III.N,
Temporary Mooring Site Use Program,
approved at the regular meeting of
the Kittery Port Authority on 5 November 1998.
Change 005:
Added AZ@ to Definitions for Swim
Float. This change was approved at the
regular meeting of the Kittery Port Authority on 1 July 1999.
Change 006: Changed definition under Section
IV, G.3, Non commercial private piers.
...the total length of a ramp, pier
and float structure shall not extend more than 150 feet...This change was
approved at the regular meeting of the Kittery Port Authority on
4 October, 1999.
Change 007: Changed definition of Town
Resident AR@ also referred to as Amunicipal
resident@ for mooring purposes is one who
owns real property in
Change 008: The following corrections and
amendments were approved at the regular meeting of the Kittery Port Authority
on 4 April 2002:
C
E.2. Public Nuisance: No person shall loiter,
create a public nuisance or partake of alcoholic beverages on town wharves or
landings. Town wharves or piers may be
closed by the Police Department when it is warranted by acts of vandalism or
disturbance of the peace and threats to Natural Resources.
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3.
Closure of Facilities: Town wharves, piers, floats, and landings may be closed
by order of the Port Authority when warranted by acts of vandalism, disturbance
of the peace, storms and public safety or natural resources. The Harbor Master may act in lieu of the Port
Authority in times of impending storms, or threats to public safety or natural
resources.
C
D. Annual Renewal of Mooring Site Permits: All
mooring site permits must be renewed and all fees paid prior to March 1st of
each year and prior to putting his or her boat on that mooring, in effect as of
January 1, 2003.
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E.3. Change date 1st May to March 1st
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E.6. Add: Except May 1st to September 1st from
5:00 p.m. Friday - 5:00 p.m. Sunday, no lobster traps are permitted on the Main
Aluminum Float at Pepperrell Cove Pier.
C
N.2. Change two dates 1st May to March 1st.
Change 009: The following amendment was made
at the 6 June 2002 meeting:
E.6: AExcept
June 1st to after Labor Day from 5:00 p.m. Friday - 5:00 p.m. Sunday, no
lobster traps are permitted on the main aluminum float at Pepperrell Cove Pier.@
Change 010: The following amendments were made
at the 3 April 2003 meeting:
$
X.A.1 Change May 01 to March 1st
$
X.B.7 Change fee Temporary Mooring Sites: $100
Plus/foot as above
Checked and certified to be an
accurate copy of the regulations as approved at the regular meeting of the Town
of
administrative changes adopted at
the March 6, 1997, May 1, 1997, September 4, 1997 November 5, 1998, July 1,
1999 and October 4, 1999, April 4, 2002, June 6, 2002 and April 3, 2003 Port
Authority meetings.
___________________________________
Signature/ Date
Milton Hall, Chairman,