5.1 PURPOSE
The purpose of this article is to set forth provisions for the safe and orderly operation of wharves, docks, piers, floats, lobster cars and ramps in order to ensure safety to persons and property and minimize conflicts between harbor users.
5.2 REMOVAL OF DEBRIS
No person shall throw, drop, discard, deposit or dispose of any personal property or litter on property owned by the Town, including but not limited to docks, piers, floats and ramps. The Harbor Master is authorized to remove personal property or litter in violation of this ordinance. The following civil penalties may be assessed for violations of this ordinance provision:
A) The violator may be ordered to remove the personal property or litter or to pay the cost of removing the personal property or litter by the Town;
B) For the first violation, the minimum penalty is $20 per day and the maximum penalty is $50 per day,
5.2 REMOVAL OF DEBRIS (continued)
C) For the second violation by the same person within any consecutive (twelve-month) period, the minimum penalty is $50 per day and the maximum penalty is $100 per day,
D) For any additional violations by the same person within any consecutive (twelve-month) period, the minimum penalty is $100 per day and the maximum penalty is $200 per day.
For the purposes of this ordinance provision, the following terms have the following meanings:
“Personal Property” means all tangible goods and chattels wheresoever they are, and all vessels, at home or abroad.
“Litter” means all waste materials including, but not limited to, bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, rubbish, offal, fishing gear, automobiles or parts of automobiles, packages or containers.
5.3 CONCESSIONS
Concessions of all kinds, including watercraft, operated on a commercial basis shall be allowed at any Town owned dock, pier, float or boat ramp while doing business only with the express permission of the Board of Selectmen.
5.4 BOAT CRADLES
All boat cradles shall be removed from general harbor areas and parking lots when not in actual use. Boat cradles shall not be left or caused to be left on any town owned ramp, dock, pier, or harbor parking lot or any town owned facilities without the express permission of the Harbor Master.
5.5 SIGNS
Private signs shall not be displayed on any town owned area without the express permission of the Board of Selectmen.
5.6 REPAIR WORK
Permission of the Harbor Master shall be required for any repair work on boats at any Town owned float, dock or pier before such work is started.
5.7 RAMPS
The grounding out of boats on Town ramps is prohibited except with the express permission of the Harbor Master.
5.8 BLOCKAGE OF TOWN RAMPS
No person shall place or cause to be placed any float or boat, trailers, other vehicles or gear in such a way as to block access to the ramp for use by others.
5.9 CONDITION OF DOCKS, PIERS, WHARVES, FLOATS AND LOBSTER CARS
Any dock, pier, wharf, float, lobster car or other such structure which is within the Town of Mount Desert and which has fallen into a state of disrepair or which remains in a dangerous condition, or interferes with the keeping open of convenient channels for the passage of vessels in said harbor and or suitable portions of said harbor for anchorage, shall be deemed a nuisance. The Harbor Master shall give the owner of the dock, pier, wharf or lobster car or other structure written notice of the condition. The notice shall order the owner to abate the nuisance within a reasonable period of time, which shall be specified in the notice. In the event that the Harbor Master cannot give notice to the owner it shall be given to the occupant.
If the said owner or occupant refuses to comply with the terms of said order, he/she shall be deemed guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not less than $20.00 nor more than $200.00 or by imprisonment for not less than 10 days nor more than 60 days or by both; and in addition thereto or in lieu of said punishment or any part thereof, the court may order the nuisance abated or removed at the expense of said owner or occupant.
5.10 CONSUMPTION OF ALCOHOLIC BEVERAGES
No person shall consume alcoholic beverages within publicly accessible areas of any Town pier, dock or float or any vessel tied to such areas. The Harbor Master shall post signs designating the publicly accessible areas where consumption of alcoholic beverages shall be prohibited.
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