Loading...
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]