HomeMy WebLinkAbout1992-11-23 93-32 ORDINANCEDate 11 -n -92N Item No. 93-32
MDAWS, IgreMiN Qtapl= 111. A ]e 8, Ss. 2.2 - FlarMr
Item/Subject: @aodttea
Responsible Department: legal Dap
Commentary:
is asvxdence with the r caro; of the City coueou ccpmitt w dries
City of Bafgor' lamniseims, Boaade, and the boon p Styr l this
ii wind aaatl the Citys Ramon 2lles and Rsiulatioare to clarify the role of
the bpv o C®mittae. Doper the Propo atI mreMmmt, tYe laaeent. Barlaor D ttee
wind beans an advisory canaittae orly, with M pones w eetablieh noorLg or
other fees.
Oep+rtmm( Xead
Manager's Comments:�p�y��
Ciry Mawgn
Associated Information:
Dalinarice
Budget Approval:
Fim,c, D4 for
Legal Approval:
Ciry sotivimr
Intraduced For
11 Pmaage
First Reading Page — of —
1�5`(laferral
93-32
ABAFM to Councilor Blanchette, November 23, 1992
CITY OF BANGOR
(TITLE.) VGTpt11aM. wing Chapter III, Art. 8, Sec. 2.2 Harbor Committee
Bek ordaind by Gce Citg Coam({of Ge City ofBaw{wr. mfdlmue: Met Chapter III, Art8,
Sec. 2.2 be Amended as follows;
2.2 Hexbx-6ammifEee. harbor Advisory Committee. A Harbor Advo Committee
Shall be Appointed each year by the City Council, consisting
of five members. One of the mexbers shall be a City. Councilorerving on the
Public Works Comm ttee{ and the other four members shall be from the public -
at -large, composed of three persons having an interest and knowledge of
recreational boating, and one person having a direct connection with the
downtown business community. The City Manager and the Harbor Master shall
serve as 8a -Official members. All Appointed numbers shall serve three year
terms.The dories of the Sbstielee Advisory Committee shall include (1) the
general review of the operation and maintenance of the waterfront area. 429
cheresfebHepeeae-cad-ch(3) the
f-referfee-gxx-meent a;-pxmprM
wee Hags-earfront acts (3) the d (4))ith for plugfurtging
development and improvement
of the waterfront activities, and (4J the jurisdiction.
end review of boating
activities within the overall harbor jand any comp The Harbor
eco Adm
Committee shall be advisory in ed to and any. escaper, for
recommendations action a
oche[ requests shall be addressed to. the City escaper, for furoex action. r
All appointed Committee members most be residentsof the City of Bangor. No
appointed member shall serve were than me
co No (2) complete consecutive [crow.
<`2.3 All members shell 'attend anannual'oxlentation meeting to . be scheduled during
the month of January of each calendar year.
'2.4 The Advo Committee shall meet at least quarterly and,prior to December 31
of each colander year, shall .prepare and submit to the City Council an annual
report outlining its doings during the preceding 12 month period.
STATENEN'[ OF FACT: Additions are Underlined and Deletions are gxesek-Bne
IN CITY COUNCIL
November 23, 1992
First Heading Referred
to Appropriate Committee
ITY RNR
IN CITY COUNCIL
Sanaury 25, 1993
xab - Consider next meeting.
CLERK
CLERS
93-32
ORDINANCE
TITLE,) Amending Chapter III. Art. 8
Sec. 2.2 Harbor Committee.
mac.
Aeeigned to
FrriW�
�v¢ILa9v
IN CITY COUNCIL
February A. 1993 -
Amended by Substitution and
Passed by the following yes and
no votes. Councilors voting yes:
Blanchette, Bragg, Cohen, Frankel, Seel.
Shub t Soucy, Stone and Sullivan.
CITY HHERK 4
Ch. III; Art. 8
Sec. 1 - Sec. 2.2
CHAPTER IIS - ARTICLE 8
HARBOR RULES AND REGULATIONS
Sec. 1 Boundaries of Jurisdiction. The rules and regulations
contained herein shall govern water recreation,
navigation and all boating activities on the Penobscot
River and its estuarine tributaries, extending from the
Bangor -Hampden Town Line to the Bdri}6Y/wdYOfkOtkd/mdd
[Bangor-veazle Town Line], and to the head of tide on the
Eenduskeag Stream, and extending to the harbor line on
the Brewer side of the river, as shown on a Plan prepared
by the Department of the Army, New England Division,
Corps of Engineers entitled -Penobscot River, Naine,
Bangor Harbor, Conditions Survey, Fourteen Foot Channel",
Drawing No. BGH-22D8, Sheets 1 and 2 of 2, dated October
1983, a copy of which is on file in the City Engineer's
Office.
Sec. 2 Establishment and Enforcement of Rules and Regulations.
2.1 Harbor Master. A Harbor Master shall be appointed
annually by the City Council on the basis of merit
and fitness alone. The Harbor Master shall have
the authority to enforce the rules and regulations
of the Statutes of the State of Maine relating to
the operation of vessels, as contained in Title
3B, M.R.S.A., Chapter I, and other rules and
regulations as contained herein. The Harbor
Mastershall keep a log of all activities within
the harbor area and shallcollectall fees as
hereinafter established, to be turned over daily
to the City Treasurer. The Harbor Master shall be
subject to the authority and direction of the City
Manager [or his designee].
*2.2 - arbor [Advisory] Conmdttee. A Harbor [Advisory]
Committee shall MO/d15¢diriYdd/EtOH/$ddf [consist
of five (5f members inted) by the City Council
OOddidYirim/dt/fit@/d$dGOfd. One of the members
shall be a City Councilor ddtKd¢/dd/YNO/$dmZid
wdfkd/QOandiYY66, and the other four members shall
be from the public -at -large, composed of three
persons having an interest and knowledge of
recreational boating, and one person having a
direct connection with the downtown business
community. The City Manager [or hie deaianeej
and the Harbor Master shall serve as ex -official
*Amended March 28, 1988 - Effective April ], 1988 - C.O. 88-151
Deletions are OYOdd6d/driY; [Additions are between brackets and
underlined]
Ch. III; Art. 8
Sec. 2.3 - 3
members. All appointed members shall serve
three year terms. The duties of the [Advisory]
Committee shall include (1) the general review of
the operation and maintenance of the waterfront
area, (2) YNE/EdYdNIidNdEdY/ddd/YHd/dddddT/fEdiEd
df [ nnually review and tecossmend to the
priata City Council committee] fees for guest
moorings, private moorings and float use, (3) the
planning for further development and improvement
of YNd/ddYdfftddY [harbor] activities, and (4)
the planning and review of boating activities
within the overall harbor jurisdiction. The
Harbor [Advisory] Committee shall be advisory in
nature and any complaints, recommendations or
other requests shall be addressed to the City
Manager [or his designee], for further action.
All appointed Committee members must be residents
Of the City of Bangor. No appointed member shall
serve more than two (2) complete consecutive
terms.
**2.3 All members shall attend an annual orientation
meeting to be scheduled ddfidd/f Nd/dddYN/d4
Jddddd¢ each calendar year [after new members
are appointed by the City Council].
**2.4 The [Advisory] Committee shall meet at least
quarterly and, prior to December 31st of each
calendar year, shall prepare and submit to the
City Council an annual report outlining its
ddid@d [activities] during the preceding
12 -month period.
Sec. 3 River corridor Uses. The area located between the
shoreline and the harbor line on the Bangor side of the
river, and all of the area of the river and stream
located above the Joshua Chamberlain Bridge shall be
defined as the "Inner Harbor". The portion of the Inner
Harbor located below the Joshua Chamberlain Bridge shall
be used for the berthing, or tying up of vessels to
shoreline bulkheads, piers, wharves and floats; mooring
Here= master].The Inner Harbor area above the Joshua
Chamberlain Bridge shall be used for private moorings,
and for anchorage, as authorised by the Harbor Master.
**Amended August 22, 1988 - Effective Sept. 1, 1988 - C.O. 88-323
Deletions are dfdddEd/ddf; [Additions are between brackets and
underlined]
2
Ch. III; Art. 8
Sec. 4 - 4.2
A 75 -foot wide channel, measured easterly from the Bangor
harbor line, shall be kept clear for the passage of
vessels, and a 150 -foot wide channel shall be kept clear
between the two center river piers of the Joshua
Chamberlain Bridge.
The area between the two channels extending downriver for
a distance of 350 fast from the Joshua Chamberlain Bridge
shall be used for the placement of publicly -owned guest
moorings and for anchorage as authorized by the Harbor
Master.
The above described channels and mooring area shall be
defined by .lines measured parallel to the Bangor harbor
line.
Private mooring will not be permitted below the Joshua
Chamberlain Bridge, nor will the anchoring of vessels be
allowed in locations other than the mooring and anchorage
area described above, except as authorized by the Harbor
Master.
Sec. 4 pocks and Floats. A1I2dd1d41d66A [Landing docks] will
be maintained at the Bangor waterfront Park within the
Inner Harbor area from May 15th to October 15th for the
use of the public, unless weather conditions dictate
later installation or earlier removal, as determined by
the Ndfddt/Mddf6t [Director of Public services].
4.1 Tie-up Time. The face of 9NO/9169f (floats]
will be clearly marked with the permitted maximum
time Of tie-up. A 15 -minute tie-up, with n
unattended vessels, will :be permitted on a portion
-ap w pexmi�zsa on
portion of the float[s).. The perm
time will not be exceeded without t
authorization of the Harbor Master,
ivaf and/or departure of authorized
as described in Sec. 4.2 below [, or
4.2 Cruise Boats. The Q£f$/Qdd6611 [City manager or
his designee] may authorize the use of all or
portions of the float[s] by private cruise boats
Deletions are 6f6dd@6/699; [Additions between brackets and
underlined]
3
Ch. iii; Art. 8
Sec. 4.3 - 5.1
for the purpose of loading and unloading of
Passengers (for Periodsf three 31 consecutive
lova or less]. Such use
of the float[s] as well
as any other commercial use, [f Ods of four
!41 or more days] will he allowed only upon the
approval of the 01f¢/06dA4XZ [Community and
Economic Develoemen3t Committee]. A schedule of
uch activity, inclutling the times of arrival and
departure, shall be posted at the float; other
boats shall not use the float in such a manner as
to impede scheduled cruise boat operations.
4.3 Other Boats. Rowboats, cameo, dinghies or other
unpowered boats may be tied to the ends or the
rear of the float[s] in areas designated by the
Harbor Master for dinghy tie-up after registration
with the Harbor skater, subject to the payment of
an annual fee. Said boats shall be properly and
reasonably maintained; if not, they shall be
removed by the Harbor Master at the owner's
expense and risk and the owner will lose further
privilege for such use of the float for dinghy
tie-up. Boats over 14 feet in length will not be
allowed to be tiedupin the dinghy area.
4.4 Omerniaht use. Overnight tie-up to the public
float will be allowed only upon permission from
the Harbor Master, and upon payment of established
fees for such use. -
4.5 penalties. Any person who leaves a vessel moored
to the public float beyond the allotted time or in
such a ma"en as to impedeapprovedcruise boat
operation will be fined for each violation in the
a= of not lase than $25.00 nor more than $100.00,
to be recovered on complaint by the Harbor Master
before the District Court. Each day shall be
considered as a separate violation.
Sec. 5 Moorings.
5.1 Registration. 1(ZZ/$fitdYE/E66fid�d/dMETT/Md
private
mooring shall
ceddwithout (the
Ho private mooring shall be placed without [the
approval of the Harbter.11 acivate
oring h 11 b t d] RTfdY/fE�idYEfTO¢
with the Harbor Master, who shall record the
following information:
Deletions are bf6dd6d1604{ [Additions are between brackets and
underlined]
Ch. III; Art. e
Sec. 5.2 - 5.4
1. Name and address of the owner and number of
the vessel.
2. Location of the mooring.
3. Size and type of mooring and chain.
Each private mooring shall be assigned a number,
which shall be displayed on the buoy in permanent
letters at least 2 1/2 inches high. All moorings
shall be registered at the @ff¢/EIE1k8//0YPf6E
[Department of Community and Economic 1 t]
each year prior to nay 15th, said registration
subject to the payment of an annual fee
[established by the Community and Economic
Development Committee].
5.2 Size and Tvne. The maximum mooring scope from
staple to bit shall be 40 feet. The minimum
mooring weight shall be one ton for stone or other
bulk moorings, or the equivalent for swing around
moorings. The minimum bottom chain size shall be
3/4 inch. In addition to the foregoing
specifications for moorings, the Harbor Master may
enforce additional written specifications, to be
conveniently available to the public upon request.
5.3 Maintenance. No changes in the location of
moorings will be allowed without the approval of
the Harbor Meter. Moorings not registered by May
15th shall become the property of the City.
Ownerships of private moorings are not
transferable without the written permission of the
Harbor Master. Moorings shall be inspected at
least once every five years at the owner's
expense, either by pulling or by underwater
investigation. It, upon inspection the mooring is
considered by the Harbor Meter to be unsafe, then
it shall be repaired or replaced within a period
of ten days.
5.4 Penalties. Whoever violates any of the above
conditions pertaining to moorings or anchoring
shall be liable upon complaint of the Harbor
Master in the District Court for a fine of not
less than $25.00 nor more than $100.00.
relations are ONOOOVOAt; [Additions are between brackets and
underlined]
Ch. III; Art. 8
Sec. 6
Sec. 6 S.eneral Rules and Regulations. No watercraft shall be
used or operated within the harbor area so as to cause
danger, annoyance, disturbance or inconvenience to the
public. Motorboats without suitable mufflers will be
prohibited.
All watercraft operating within a distance of 500 feet
below the Joshua Chamberlain Bridge, including the Inner
Harbor areas above the bridge, shall maintain a speed of
not more than five knots.
No person or vessel shall dump or dispose of any refuse
or garbage upon the shore of the Penobscot River or its
tributaries, or upon the waters of the river. No vessel
shall deposit, throw, sweep, or cause to be deposited or
swept into the waters of the Penobscot River or its
tributaries any gasoline, oil, fuel or sewage, or any
floating objects which say cause obstruction or danger to
navigation.
Any caster or owner of any vessel or boat, or any other
person who shall violate any of the provisions of any
rules or regulation contained herein to which a specific
penalty is not annexed or otherwise provided by law,
shall forfeit and pay a sum of not lees then $25.00 nor
more than $100.00, to be recovered upon complaint by the
Harbor Master before District Court.
Any use of the public facilities mentioned above, i
public floats, parking areas, moorings and waterfront
Park areas shall be at the user's risk, and the City of
Bangor will not be liable for any damage or injury
resulting from the use of said facilities.
Deletions are 1t688@d/ddf; [Additions are between brackets and
underlined]