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HomeMy WebLinkAbout1984-05-30 84-222 ORDINANCE84-222 rntro used by Co=ciloz Car, May 30, 1984 CITY OF BANGOR (TITLE.) Mrbinamr¢, Adopting. CHAIM III, ARTICLE 8- aazmCR HULEs_ AND REGULATIONS WHEREAS, boating traffic on the Penobscot River is steadily. increasing; and WHEREAS, the City has recently undertaken the construction of a waterfront park and docking facility to further promote the recreational use of the river by its citizens as well as transient boaters; and WHEREAS, in order to insure safety and orderly and proper use of the waterfront area will require the adoption of suitable regulations; NOW, THEREFORE, Be it ordained by the City Council of the City of Bangor, as follows: THAT the attached ARTICLE 8, HARBOR RULES ARD REGULATIONS, be added to CHAPTER III of the Laws and Ordinances of the City of Bangor. In City Council May 30,1904 84 343 refered co Public works ORDINANCE committee consider ne: to� M 'A ( TITIE,) A"Pting Cbapter III, Article 0 R Harbor Rules and pagulations City Clerk CI QTY CLERK In City Council June 11,1984 - latrrarre and flle Ammnled and Passed Vote 8 yes 1 Absent Voting Yes Moun,cox, Cwvmt pm yDyAA�vai1ss��,FaaW�nkeel,Jorrdlan,T1Mc11eyC;xtq fu/aeN�medt At// fheasen/t L%CY�i C y Clerk . } p ARTICLE 8 RAMOR RULES ARD 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-Hampdan Town line to the Bangor waterworks Dam, and to the head of tide on the Eenduskeng Stream, and extending to the harbor line on the Brewer side of the river, as shown on a Plus prepared by the Department of the Army New England Division, Corps of 'Engineers entitled Penobecof-Hiver,Maine, Hangar Harbor, Conditions Survey, Fourteen Boot Channel", Drawing No. BOH -2206, 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 Masten 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 38, M.R.S.A., Chapter I, and other rules and regulations as contained herein. The Harbor Master shall keep a log of all activities within the harbor area and shall collect all fees as hereinafterestablished,to he_turmed-over daily to the City Treasurer. The Harbor Master shall be subject to the authority and direction of the City Manager. 2.2 Harbor Committee. A Harbor Committee shall be appointed each year by the City navlag a-arrect-connection w �mmnnity. The .City Manager e serve as Ex Officio members. wur be appointed for two years, and the other member for one year, with two- -T"C� The duties of the Committee shall include (1) the general review of the operation and maintenance of the waterfront area, (2) the establishment and the annual review of fees for guest moorings, private moorings and float Bee (3) the planning for further develop- ment and improvement of the waterfront activities. and (4) the planning and review of boating acti- vities within the overall harbor jurisdiction. The Harbor Committee shall be advisory in nature and any complaints, recommendations or other requests shall be addressed to the City Manager for further action. Sec. 3 River Corridor Uses. The area located between the shoreline end the harbor line no the Bangor aide Of the river, and all of the area of the river and stream located above the'doshnn 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 or anchoring of vessels within the Inner Harbor area extending from the Joshua Chamberlain Bridge to the dowmriver end of the Coal Energy of Maine wharf will not be permitted. The Inner Harbor area above the Joshua Chamberlain Bridge shall be used for private moorings, and for anchorage, as authorized by the Harbor Master. A 75 -Soot wide channel, measured easterly from the Bangor harbor line, shall be kept clear for the passage of vessels, and a 150 -foot wade channel shall be kept clear between the two center river piers of the Joshua Chamberlain Bridge. .The area between the .two_chanaels..extending-downrdver for a distance of 350 feet from the Joshua Chamberlain Bridge shall be used for the placement of publicly -owned guest moorings sad 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 moorings 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 Docks and Floats. A lending dock 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 inatellation or earlier removals as determined by the Harbor Master. 4.1 Tie -un Time. The face of the float will be clearly marked with the permitted marimem time of tie-up! a 15 -minute tie-up, with no unattended vessels, will be permitted on a portion of the downriver end of the float, and a 2 -hour maximum tie-up will be peron. a an the remaining portion of the float. The permitted tie-up time will not be exceeded without the prior authorization of the Harbor Masterg nor will tie-up "-be-allowed which will coofldet with the scheduled arrival and/or departure of authorized- cruise boatst as described in Hee. 4.2 below. 4.2 Cruise Boats. The City Cowell may authorize the me of all or portions of the float bT private cruise boats for the purpose of loading and well say ootherscommercial Oneuse will be allowed as well ae any aoweil. A schedule only upon the , including of the City of such activity, including the times of arrival and departure, Wall be posted at the floats other boats Wll not use the float in such a manner as to impede scheduled cruise boat Operations - 4.3 Other Boats. Howboate, canoes, dinghies or other unpowered boats may be tied to the ends or the rear of the float in areas designated by the Herbor'Master for dinghy tie-up after regis- tration with the Harbor Master, 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 Mester at the owner's expense and risk and the ower 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 tied up in the dinghy area. 4.4 Overndaht Use. Overnight tie-up to the public float will be allowed only upon permission from the Harbor Master, and upon payment of estab- lished 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 manner as to impede approved cruise boat operation will be fined for each violation is the sum of not less 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 con- sidered as a separate violation. Sec. 5 Moorings. 5.1 Registration. All private moorings Shall be Bridget located above the Joshua Chamberlain ge, unless otherwise approved by the Harbor Master. No private mooring shall be placed without first register ing with the Harbor Master, who shall record the following information:. 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 City Clerk's Office each year prior to May 15th, said registration subject to the payment of an annual fee. 5.2 Size and Tvoe. 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 speci- fications, 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 Master. Moorings not registered by Mp 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. IF, upon inspection, the mooring is considered by the Harbor Master to be unsafe, than 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. Sec. 6 General Rules and ge,clations. No watercraft shall be used or operated within the harbor area so as to cause danger, annoyance, dis- turbance 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 Bridge2 including the Inner Harbor areas above the bridge, shall maintain a speed Of not more than five ]mots. 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-5nto..the -waters of the Penobscot River or its tributaries any gasoline, oil, fuel or sewage, or any floating objects which may cause obstruction or danger to navigation. Any master 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 less than $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.e., Public floats, perking 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. Proposed Amendment Council Ordinance 84-222 Harbor Rules end Regulations Under Chapter III, Article 8, Section 2.2, Harbor Committee, delete the second and third sentences and substitute the following: "Cue of the members shall be a City Councilor serving on the Public Works Committee, 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." Starting on the eleventh line, change the sentence to read as follows: "For the initial Committee, two of the members from the public -at -large shall be appointed for two years, and the other two am -Council members shall be appointed for one year, with two-year terms thereafter." o ;. 44M: kY 4 - The Ordinance as previously proposed provided for a Harbor Committee consisting of three members of the Public Works Com- mittee, and two members from the public; the amendment would provide for one representative from the Public Works Committee and four members from the public -at -large, one of whom would have a downtown connection. The purpose of this amendment is to provide for more input from persons having use and knowledge of the river, and experience in boating.