9.1 CONSTRUCTION OF LANGUAGE
In the interpretation and enforcement of this ordinance, all words other than those specifically defined in the ordinance, shall have the meaning implied by their context in the ordinance or their ordinarily accepted meaning. In the case of any difference of meaning or implication, between the text of this ordinance and any map illustration or table, the text shall control.
9.2 DEFINITIONS
In this ordinance the following terms shall have the following meanings:
ANCHORAGE - An area of the harbor set aside for permanent moorings or for the temporary anchoring of boats and vessels.
AUXILLARY - A vessel having sails and either an inboard or outboard motor and which may be propelled by its sails or by its motor, or both.
BERTH - A place where a boat lies when at anchor or at a wharf.
BOAT - A vessel for transport by water, constructed to provide buoyancy by excluding water and shaped to give stability and permit propulsion.
BONA FIDE BOAT - A vessel of appropriate size for the mooring assigned.
BREAKWATER - A permanent solid structure of rock, stone, or combinations thereof, extending from the shoreline into the waters, for the principal purposes of breaking and reducing the force of waves.
BULKHEAD - A permanent solid structure or wall built along the shore to retain and protect the upland from wave action and sea erosion.
CHANNEL - Areas of the harbor kept open for navigation or other purposes, by rule or regulation of the Town of Mount Desert, the Department of the Army Corps of Engineers, or other regulatory or Legislative body.
COMMERCIAL FISHERMAN - One whose vessel is commercially registered and makes his/her primary livelihood from harvesting from the ocean.
COMMERCIAL MOORING - Any mooring used to hold boats or floats awaiting service from a marine related business or used on a permanent basis to hold boats or floats belonging to a marine related business provided such boats or floats are actively used for specific activities related to their business.
COMMERCIAL VESSEL - Any vessel used or engaged for any type of commercial venture, including but not limited to fishing or the carrying of cargo and/or passengers for hire, push-boats, tugs and barges.
DEPUTY HARBOR MASTER - An official appointed by the Board of Selectmen and employed by the Town of Mount Desert to enforce the provisions of this ordinance and certain duties and responsibilities as prescribed by Title 38, MRSA and the Harbor Master.
DINGHY - A dinghy shall mean any powered (with 20 hp or less) or un-powered punt, skiff, tender or the like fourteen feet in length or less.
DOCK - The slip or waterway extending between two piers or projecting wharves or cut into the land for the reception of vessels.
FLOAT - A floating structure which is anchored, moored or secured at or near the shore, used for landing, transfer of passengers or goods, or other purpose.
“FULL HARBOR” - Is one so declared by the Board of Selectmen on the report of the Harbor Master and the Marine Management Committee, that the harbor and/or facilities will not support any additional moorings, and that a waiting list must therefore be established.
HARBOR - An area or areas as defined in Article II
HARBOR MASTER - An official appointed by the Board of Selectmen and employed by the Town of Mount Desert, to enforce the provisions of this ordinance and certain duties and responsibilities as prescribed by Title 38, MRSA.
HOUSE BOATS – Any vessel intended primarily or substantially to be anchored or moored in one or a small number of locations for overnight or longer accommodations, rather than navigation.
IMMEDIATE FAMILY MEMBER - Parent, child, or sibling, by birth or adoption, including a relation of half blood, or spouse.
LANDING - A place for landing or discharging persons or things from a vessel.
LOSS OF HARBOR PRIVILEGES - Use of all harbor facilities in the Town of Mount Desert to include, public floats, maintenance floats, dinghy floats, marina, rental moorings, use of commercial floats and removed from all waiting lists.
MARINA - A dock or basin providing dockage for small vessels.
MOORING - An appliance, used by a vessel, for anchoring purposes, providing a permanent, adequate means of securing a vessel to the bottom in an anchorage, and which cannot be carried aboard such vessel, when such vessel is underway, as regular equipment.
PIER - A platform type structure contiguous with the shoreline and built there from over the water, supported by piles and used for the berthing, loading and unloading of vessels.
RESIDENT - Any person who owns property in the Town of Mount Desert, or any person who rents property with their boat registered in town and the excise tax paid in town.
SEAWORTHY VESSEL - A vessel in a fit state for travel or movement without extraordinary efforts or assistance provided to affect such travel or movement.
STRAY VESSEL - An abandoned vessel, a vessel the owner of which is unknown, or a vessel underway without a competent person in command.
TO ANCHOR - To secure a vessel to the bottom within a designated area by dropping an anchor or anchors or other ground tackle.
VESSEL - Vessel shall include boats of all sizes propelled by said machinery or hand, scows, dredges, shellfish cars, and craft of any kind.
WHARF - A structure of timber, masonry, cement, earth or other material, built along the shore of a harbor extending from the shoreline, so that vessels may lie close alongside to receive and discharge passengers and cargo.
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