4.1 PURPOSE
The purpose of this article is to set forth provisions for the safe and orderly operation of the Tidal waters and harbors, to ensure safety to persons and property, and to minimize conflicts between various users.
4.2 BOAT OWNER OR OPERATOR
Any person using the facilities or moorings within the limits covered by this ordinance shall assume all risk of damage or loss to his person or property. The Town of Mount Desert assumes no risk of liability on account of fire, theft, Act of God, or damage of any kind to vessels within the above stated geographic limits.
4.3 OPERATION OF VESSELS
4.3.1 SPEED OF VESSELS
It shall be unlawful for any person to operate any boat or vessel in the harbors of the Town of Mount Desert in such a manner as to cause a wash, or a wake of waves that disturb or damage any wharf, float, anchored or moored boat, or at a speed that endangers any person or property or is contrary to the provisions of Title 38 Section 281, MRSA as amended. In no event shall a vessel exceed a speed of five (5) miles per hour in this area.
4.3.2 RECKLESS OPERATION
No person shall operate any vessel in a reckless or negligent manner or while under the influence of intoxicants or drugs so as to endanger the life, limb or property of any person, or contrary to the provisions of Title 38, Section 283, MRSA, as amended.
4.3.3 INFECTED VESSELS
Whenever a vessel arrives in the Town of Mount Desert Harbors having on board any person afflicted with a contagious disease or suspected of being afflicted with such disease, the master, commander, or pilot thereof, and the Health Officer of the Town of Mount Desert shall comply with the provisions of Title 22, MRSA, as amended.
4.3.4 ABANDONMENT
No person shall abandon any boat, vessel, hulk, cradle, raft, or any other possible obstruction within the geographic limits covered by this ordinance. Any property, as herein above described, which shall have been left unattended for a period of sixty days, shall be deemed to have been abandoned. The Harbor Master may order the owner to remove the same within fifteen days. In default of removal or in the event the Harbor Master is unable to identify the owner or master of the vessel after reasonable efforts, the Harbor Master may undertake its removal or destruction at the cost of the owner. Any violation of the above shall be deemed a misdemeanor and upon conviction shall be punished by a fine of not more than $200.00.
4.4 OBSTRUCTION OF CHANNELS, LAUNCH RAMPS, OR BERTHING SPACES, AND REMOVAL OF VESSELS.
It shall be unlawful to tie up or anchor a vessel in violation of the mooring provision of Article VI in such a manner as to obstruct mooring areas, launch ramps or channels, or to permit or carelessly sink or allow to be sunk any vessel in any channel, mooring area, or berthing space, which shall impede navigation or cause damage to vessels therein. The Harbor Master may order any such vessel to move. If the Harbor Master receives a complaint from an owner, master, or operator of any vessel, that another vessel or vessels is/are obstructing free movement or safe anchorage, he shall investigate the situation and order such other vessel to move to an appropriate location, if necessary.
If the Harbor Master should observe a condition in which one vessel is obstructing the free movement or safe anchorage of any other vessel, he may order the other vessel to move. If any vessel is anchored within the channel limits established by the Town of Mount Desert the Harbor Master shall order the vessel to move. If space is available the Harbor Master may designate the location to which the obstructing vessel may proceed to anchor.
Whoever neglects or refuses to obey the orders of such Harbor Master shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not more than $200.00. If a vessel described in this section has no crew on board or if the owner, master, or person in charge neglects or refuses to move such vessel, as directed by the Harbor Master, or if the Harbor Master is unable to locate the owner or master or person in charge after reasonable efforts, then the Harbor Master may take steps to remove said vessel, in accordance with the provisions of Title 38, MRSA Section 5. The Town of Mount Desert or its officials shall not be held liable for any damage to such vessel nor liable to its owners before or after assuming custody. Vessels so taken into custody shall be released to the owner by the Town Manager only
after satisfactory proof of ownership has been presented, full reimbursement made to the Town for all costs incident to recovery, movement and storage; and a signed release of all claims is executed by the vessel owner or duly authorized representative.
4.5 CORRECTION OF AN UNSAFE BERTHING
If any vessel shall be found, in the judgment of the Harbor Master, to be anchored or moored 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 Harbor Master may order such vessel to move and direct or undertake necessary measures to eliminate such unsafe, unauthorized, 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 the absence of such owner or agent, said responsibility shall rest with the mooring owner or the authorized operator of the facility at which the vessel is anchored or moored. In an urgent situation, and in the absence of any such responsible person, the Harbor Master may board any vessel and cause the
improper situation to be corrected, and the owner of the vessel shall be liable for any costs incurred by the Town of Mount Desert in effecting such correction. The Town or its officials shall not be held liable for any damage to such vessel or property that occurs during or as a result of being boarded pursuant to this section.
4.6 UNSEAWORTHY VESSELS PROHIBITED IN THE HARBOR
A person shall not moor or permit to be moored, in any harbor, a vessel of any kind whatsoever which is un-seaworthy or is in a badly deteriorated condition or which is likely to sink or to damage docks, wharves, floats or other vessels or which may become a menace to navigation, except with the express written permission of the Harbor Master.
4.7 TAMPERING WITH OR BOARDING VESSELS WITHOUT PERMISSION
It shall be a violation of this ordinance, for any person willfully to board, break in, enter, damage, move, or tamper with any vessel, or part thereof, located within the Town, unless authorized by the rightful owner of such vessel, or as provided for in this ordinance or permitted under federal admiralty law.
4.8 NOISE
It shall constitute a nuisance to cause a noise in an unreasonably loud manner so as to disturb neighboring vessels and/or their occupants.
4.9 SHELLING OF SHELLFISH
Shelling of shellfish is prohibited within the harbors unless the shells are removed from the harbor area and disposed of in a legal and proper manner.
4.10 FISHING
Fishing in a reckless manner and the use of harpoons or spears from any boat, wharf, float or pier within the harbors is prohibited.
4.11 WATER-SKIING
No person shall water ski within the harbors of the Town.
4.12 DISPOSAL OF WASTE AND REFUSE
Unless specifically permitted pursuant to state or federal law, no person shall deposit or dispose of any refuse, trash, waste, petroleum distillate, or hazardous substance or material in the waters of the town.
4.13 COMPLIANCE WITH HARBOR MASTER'S ORDERS
No person shall refuse to obey any lawful order of the Harbor Master with reference to the operation, navigation, movement, relocation or disposal of any vessel owned or occupied by said person within the tidal waters of the Town of Mount Desert.
4.14 INTERFERENCE WITH THE HARBOR MASTER
No person shall assault, intimidate or in any manner willfully obstruct, intimidate or hinder the Harbor Master (or any Deputy) in the lawful performance of his/her duties.
4.15 COMPLIANCE WITH MAINE BOATING LAWS
All vessels operating within the Town waters will comply with 12 MSRA.
4.16 COMPLIANCE WITH CGM1672-2D
All vessels operating within Town waters shall comply with CGM1672-2D (Navigational Rules).
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