Coastal Waters
Ordinance
of the Town of
Chebeague Island
Maine
Adopted by the Town
Meeting: July 1, 2007
Effective: July 1, 2007
Attest:
Town
Clerk
Seal:
SECTION A. COASTAL WATERS ORDINANCE.
Sec. A-2 Authority Page
1
Sec. A-3 Administration Page
1
Sec. A-4 Definitions Appendix
A, pp. 23-24
Sec. A-5 Moorings Pages
1-4
5.1 Registration Page
1
5.2
Fees Page
2
5.3
Unregistered Moorings Page
2
5.4
Assignment Page
2
5.5
Markings Page
3
5.6
Removal of abandoned moorings Page
4
Sec. A-7 Coastal Waters
Commission Page
5
Sec. A-8 The Coastal
Waters Harbormaster Pages
5-7
8.1 General Page
5
8.2
Appeal Page
5
8.3
Salary Page
5
8.4
Management Page
5
8.5
Meetings Page
6
8.6
Records Page
7
8.7
Enforcement Page
7
9.1
Operation of vessels Page
7
9.2
Violation of Ordinance Page
8
9.3
Enforcement of Ordinance Page
8
9.4
Notifications Page
8
10.1
Authority Page
9
10.2
Purpose Page
9
10.3
Shellfish Conservation Committee Page
9
10.4
Definitions Appendix
B, p. 25
10.5
Licensing Page
10
10.6
Commercial Licenses Page
10
10.7
Recreational Licenses Page
11
10.8
Signature Page
12
10.9
License Application Page
12
10.10
Misrepresentation Page
12
10.11
Expiration Date Page
12
10.12
Reciprocal Harvesting Privileges Page
12
10.13
Numbers of licenses and
Notice of
Period of Issuance Page
12
10.14
Opening/Closing of Flats Page
12
10.15
Minimum Legal Size Page
13
10.16
Method of Determining Tolerance Page
13
10.17
Enforcement Penalty
Separability
Repeal and
Duration Page
13
10.18
Misrepresentation Page
14
10.19
Suspension Page
14
10.20
Suspension Based on Refusing Inspection Page
14
10.21
Hearing Page
15
10.22
Shellfish Conservation Warden Page
15
11.1
Definitions Appendix
C, p. 26
11.2
Prohibitions and Requirements Page
15
11.3
Exception Page
16
Sec. A-12 Town of
Chebeague Island Zoning Ordinance –
Wharves and Docks Section Pages
16-17
12.1
Purpose Page
16
12.2
Applicability Page
16
12.3
Applications Page
17
12.4
Standards Page
17
13.1
Definitions Appendix
D, p. 27
13.2
Float Use Page
19
13.3
Float and Wharf Restrictions Page
20
13.4
Enforcement Page
21
Float
at Chandlers Cove
13.5
Float Use Page
21
13.6
Float and Wharf Restrictions Page
21
13.7
Enforcement Page
22
Appendix B Page
25
Appendix C Page
26
Appendix D Page
27
Appendix E Page
28
Appendix F Page
29
Appendix G Page
30
Appendix H Page
31
This ordinance is enacted to provide for the
establishment of uniform rules governing the types of activities permitted or
prohibited on the coastal waters of The Town of Chebeague Island. It is
intended to ensure safety to persons and property, to promote availability and
use of public resources, to encourage and protect traditional maritime and
commercial activities, to make provision for aquaculture activities and to
create a fair and efficient framework for administration of those resources.
It supersedes the similar Town of
Cumberland Coastal Waters Ordinance, except those sections of the same, which
may be incorporated herein.
2.1 This ordinance is adopted pursuant to the Home
Rule Powers as provided for in Article VII-A of the Maine Constitution and 30-A
M.R.S., Chapter 187, Subchapter IV, as the same may be amended from time to
time.
2.2
This ordinance is also adopted pursuant to 38 M.R.S., Subchapter I, as the same
may be amended from time to time. All provisions of 38 M.R.S., Subchapter I are
adopted as part of this Ordinance, except to the extent its provisions are
inconsistent with the expressed terms herein.
2.3
The coastal waters of the Town of Chebeague Island are defined by the secession
legislation, P.&S Laws 2006, Ch. 47.
3.1
The Board of Selectmen shall
administer this ordinance.
3.2
Should any section or provision of this ordinance for any reason be held as
void or invalid, it shall not affect the validity of any other section or
provision.
3.3
Whenever the masculine gender is used herein, it shall be construed to include
the feminine.
3.4
Whenever the singular is used herein, it shall be construed to include the
plural.
See
Appendix A
5.1
Registration
All
moorings located below low water, except outhauls, shall be registered with the
Town Clerk. Permits will be issued for the fiscal year January 1 through
December 31. Any applicant who completes re-registration by July 1 of any year
shall be given preference to the location occupied by that registrantÕs mooring
the prior year, unless the Harbormaster determines that a demonstrated need for
that site has been shown by someone higher on the list of priorities in section
5.4.3 below. In such an event, the Harbormaster will provide a mutually
agreeable site and re-assign the mooring at the expense of the mooring owner
taking over the old site. The Town of Chebeague Island will recognize
registration with the Town of Cumberland for year 2007 until January 2008.
5.2
Fees
5.2.1
Registration fees shall be reviewed annually and adjusted, if necessary, by the
Board of Selectmen.
5.2.2
Mooring Fee Schedule
1st
Mooring 2nd 3rd Each
Additional
Riparian $25
$5 $5 $5.00
Commercial $25
$5 $5 $5
Commercial Non-resident $50 $50
Resident
Recreational $40
$20 $20
Non-resident
Taxpayer $40
$20 $20
Non-resident $75
$20 $20
Rental Mooring $75
$75 $75
More than five (5) moorings in any category
necessitates written request and approval by the Coastal Waters Commission.
5.3
Unregistered Moorings
If
any mooring in the Town of Chebeague Island is unregistered after July 1, the
Town Clerk or Harbormaster shall notify the owner. If registration is not
completed within ten (10) days of notice, the Harbormaster may remove the
mooring at the expense of the mooring owner plus a fee of $100, to be paid to
the Town.
5.4
Assignment
5.4.1
Registered moorings shall be assigned locations by the Harbormaster on a
first-come, first-served basis as space permits with due regard to navigation
and the safety of persons and property, and, where feasible, the prior year
location.
5.4.2
If there is insufficient space to assign allocations for all registered
moorings in the location requested, the applications not assigned mooring
locations shall be placed on a waiting list, which will be maintained by the
Town Clerk. The list will be posted and available for inspection in the Town Office.
5.4.3
As space in the waters of the Town of Chebeague Island becomes available,
assignments of mooring locations shall be made from the waiting list in
accordance with the terms of 38 M.R.S. ¤ 7-A(2) on the basis of the date
of the applicantÕs request and with the following priorities:
5.4.3.1
Resident Commercial Fisherman
5.4.3.2
Resident Taxpayer
5.4.3.3
Non-Resident Taxpayer
5.4.3.4
Resident
5.4.3.5
Commercial Non-Fisherman
5.4.3.6
Non Resident
Not
withstanding the above, Resident and Non-Resident taxpayers who have riparian
rights shall have priority for a maximum of two (2) mooring spaces adjacent to
their onshore property. Additional moorings requested by Resident and
Non-Resident taxpayers shall be assigned as in 5.4.3 above.
Sale
of a mooring to a second party, when a waiting list exists, shall not convey
the assigned location, unless sold to the person holding the next assignment on
the waiting list. The Harbormaster shall be notified of all sales of moorings
in the Town of Chebeague Island Coastal Waters.
5.4.4
The Harbormaster shall be responsible for relocating a mooring(s) when danger
to other property is inherent due to its position. Such relocation shall be
handled in accordance with the priority list in section 5.4.3, and the expense
shared equally by the mooring owners involved.
5.5 Markings
5.5.1
The Town Clerk will issue a registration number which is to be painted on the
mooring float in three inch high characters; i.e., C1005, C202, C12, etc.
5.5.2
All mooring balls, except those used for rental purposes, will be white. Rental buoys should be orange. Rental
buoys will bear characters three inches high indicating the mooring weight;
i.e. 75lbs, 100lbs, 200lbs, 1001lbs, etc.
5.5.3
Mooring applicants are responsible for constructing their moorings in a manner
suitable for its intended purpose.
5.5.4
Permit numbers must be no less than three (3) inches in height, black paint or
quality adhesive characters.
5.5.5
Catch storage moorings will be considered temporary moorings and be registered
at the Town Office with no fee. These moorings will be assigned a number by the
Town Clerk and identified with the letter ÒSÓ.
5.6 Removal of Abandoned Moorings
The
Selectmen shall notify the owner of an abandoned mooring of his duty to remove
the mooring within thirty (30) days of the date of the notice. If the mooring
is not removed or re-registered within the applicable thirty (30) day period,
it may be removed by the Harbormaster at the expense of the owner in accordance
with the provisions of 38 M.R.S. ¤ 4. Nothing in this section shall impede
enforcement (Section 9.1.7) or collection of penalties (Section 9.2).
5.7
Mooring Specifications
It
is recommended that the Mooring Specifications of The Board of Harbor
Commissioners of the State of Maine be used as a guideline.
6.1
A major occupation of the Coastal Waters of Chebeague is the fishing industry.
Any activity within the waters of Chebeague that would have potential to threaten
this livelihood and the health, safety and welfare of its residents shall first
be approved by the Board of Selectmen. Any vessel desiring to conduct
activities within the waters that may injure, damage, disrupt normal activities
or occupations, or otherwise harm the residents of the Town of Chebeague Island
or their property shall first provide notice and receive permission from the
Board of Selectmen a minimum of forty-eight (48) hours in advance. Such
activities may include, but not be limited to, operations such as oil spill
training and spill boom deployment exercises, large scale fish seining,
construction within the coastal waters of the Town of Chebeague Island,
dredging and salvage.
6.2
Except where the vessel constitutes an immediate hazard to public health,
safety and welfare, the Selectmen shall notify the owner of an abandoned vessel
of his duty to remove any abandoned vessel within thirty (30) days of the date
of the notice. If the vessel is not removed within the applicable thirty (30)
day period, it may be removed by the Harbormaster at the expense of the owner
in accordance with the procedures of 38 M.R.S. ¤ 5. Where the Selectmen determine that the
abandoned vessel constitutes a threat to public health, safety and welfare,
they may authorize the Harbormaster to remove the vessel immediately and
without notice at the expense of the owner. Nothing in this Section shall prevent the Town from enforcing
Section 9.1.5 or from collection of penalties (Section 9.2).
7.1
The Coastal Waters Commission shall be comprised of 5 people each of whom is
either a resident tax-payer, a non-resident tax-payer, or a resident. Three (3) of these five (5) people shall
be employed currently, or have been employed in the past, in the fishing
industry, or some other marine related activity. The purpose of the Coastal
Waters Commission is to oversee development and activities on or in the coastal
waters of the Town of Chebeague Island.
7.2
The Coastal Waters Commission exists:
a)
for the general purpose
of studying and evaluating public usage of, and access to, the Coastal Waters
of the Town of Chebeague Island,
b)
for the planning for the
future use of those waters,
c)
to advise the Selectmen
on policy matters and proposed regulations concerning the Coastal Waters of the
Town of Chebeague Island,
d)
in conjunction with
State and Federal authorities to plan and implement improvements in the Coastal
Waters of the Town of Chebeague Island,
e)
to supervise the
enforcement of town rules and regulations by the Harbormaster,
f)
to sit as a board of
appeals to hear appeals as provided by this Ordinance from any person aggrieved
by a decision, act, or failure to act on the part of the Harbormaster.
7.3
The Commission may recommend to the Selectmen a mooring plan for any area in
which moorings are allowed under this ordinance. The Commission shall regularly
inform the Selectmen, Planning Board and such other boards, committees, or
officials of the Town of Chebeague Island as appropriate of its activities.
8.1
General
The
Coastal Waters Harbormaster, hereafter referred to as The Harbormaster, shall
be appointed by the Board of Selectmen and shall serve in that capacity until
discharged by the Board of Selectmen or until resignation.
8.2
Appeal
Any person aggrieved by a decision of the Harbormaster
may appeal the decision to the Coastal Waters Commission for review. The Board
of Selectmen shall make a final determination.
8.3
Salary
The
salary of the Harbormaster shall be recommended by the Board of Selectmen and
approved by vote at the Annual Town Meeting.
8.4
Management
8.4.1
The Harbormaster shall manage the Floats, Docks, Ramps, Moorings and Landings
owned by the town.
8.4.2
The Harbormaster will adhere to the Town of Chebeague Shoreland Zoning
Ordinance – Wharves & Docks Section 4 a, 4 B, 4 c, 4 d, 5 (amended to
read ÒCoastal Waters CommitteeÓ), 6, 7, 8, 9, 10, 11 (with modifications as
follows:) and 12.
ÒBefore
any construction or site preparation begins, the applicant must obtain all
required Federal, State and local permits, as required, including but not
limited to, a Code Enforcement Officer permit, permits from the Department of
Environmental Protection under the Natural Resources Protection Act, 38
M.R.S.A. 480-C as subsequently amended, the Army Corps of Engineers, and a
Wharfing-Out permit issued by the Selectmen under 38 M.R.S. Chapter 9 as subsequently
amended.
The statutory reference is 38 M.R.S.A.
paragraphs 1021-1027. Because this is a statutory requirement, the Selectmen
have to do this. While the statute requires that the application be filed with
and reviewed by the Selectmen, there is nothing that prohibits the Town of
Chebeague Island from having the Coastal Waters Commission conduct an initial
review under statutory language and make a recommendation to the Selectmen
about whether the permit should be granted.
8.4.3
The Harbormaster shall also adhere to
Section A-13
AN
ORDINANCE RELATING TO ROADS AND TOWN OWNED PROPERTY
8.4.4
The Harbormaster shall seasonally set channel markers for the approach to the
Stone Pier in order to provide safe passage for boats entering at low tide.
8.4.5
The Harbormaster is authorized to take whatever action is necessary and
appropriate to remove any menace to navigation within the waters of the Town of
Chebeague Island. This shall include, but is not limited to, contracting for
removal of the menace at the expense of the Town of Chebeague Island, another
governmental entity, or the person responsible for the creation of the menace
8.5 Meetings
The Harbormaster shall regularly attend meetings of the Coastal Waters
Commission, but shall not be a member of the Commission. He shall keep the
Commission fully informed of all his activities, problems encountered,
solutions effected, and activities which have required his special attention. He shall also provide information on
matters pertaining to the CommissionÕs duties and responsibilities. The
Harbormaster shall also attend SelectmenÕs meetings when necessary in order to
report any problems or changes needed.
8.6 Records
The Harbormaster shall also maintain a permanent bound record in which
he shall record all complaints received (both written and oral), the date and
time received, the response made to the complaint, and the date and time of
such response. This record shall be maintained in ink.
8.7 Enforcement
The Harbormaster shall have the authority and responsibility to enforce
the Rules and Regulations contained in this Ordinance and the provisions of 38
M.R.S., Chapter 1, Subchapter 1.
Sec. A-9 Rules and Regulations
9.1
Operation of Vessels
9.1.1
It shall be unlawful to operate a vessel in the waters of the Town of Chebeague
Island so as to endanger persons or property.
9.1.2
It shall be unlawful to operate a vessel in a manner which creates excessive
wake/wake-wash.
9.1.3
It shall be unlawful to establish or maintain an unregistered mooring or to
maintain a temporary anchorage within the waters of the Town of Chebeague
Island without authorization.
9.1.4
It shall be unlawful to park a motor vehicle so as to block or restrict access
to a Town landing or ramp.
9.1.5
It shall be unlawful to abandon a vessel within the waters or upon the
shoreline of the Town of Chebeague Island.
9.1.6
It shall be unlawful to abandon lobster, crab and shellfish traps, cars or
crates within the water of the Town of Chebeague Island.
9.1.7
It shall be unlawful to abandon a mooring within the waters of the Town of
Chebeague Island.
9.1.8
It shall be unlawful to refuse to obey any lawful order of the Harbormaster.
9.1.9
It shall be unlawful for any vessels at anchor in or passing through the waters
of the Town of Chebeague Island to violate any laws, rules or regulations of
any local, state or federal agency with regard their operation or any overboard
discharges, cargo transfers, lading of dangerous cargo, emissions to the
atmosphere or any other activity deemed unsafe to the residents of the Town of
Chebeague.
9.1.10
It shall be unlawful to transfer any oil in bulk in quantities in excess of
4,200 gallons, including bunker fuel, between vessels within the waters of the
Town of Chebeague Island without first deploying oil spill containment boom
around the area of the transfer to contain any potential spill. Should the oil
spill containment boom not be able to be secured sufficiently to the vessels to
prevent any potential spill from escaping the boom, then sufficient boom must
be deployed to encircle both vessels in their entirety, and held in such a
manner that will prevent any contained oil from escaping until cleanup is
completed.
9.1.11
It shall be unlawful for barges on
long tow to be moved within or through the waters of the Town of Chebeague
Island such that the towed vessel cannot be directly and promptly slowed,
turned or stopped should it become necessary in an emergency. Such non-powered
vessels shall either be directly secured to the towing vessel and be close
hauled or be held fore and aft using a second towing vessel to provide adequate
restraint and control in the event of an emergency.
9.1.12
It shall be unlawful to conduct
activities as outlined in Section A-6 above without first receiving permission
from the Town of Chebeague Island.
9.2
Violation of Ordinance
The
violation of any rule or regulation established by the Ordinance shall be a
civil violation punishable by a fine not to exceed $250. For purposes of this
Section, each day that a violation continues shall be considered a separate offense.
9.3
Enforcement of Ordinance
All
law enforcement officers of the Town of Chebeague Island and the State of
Maine, including Harbormasters and their deputies, shall have the authority to
enforce this Ordinance and, in the exercise thereof, shall have the authority
to stop and board any vessel found in violation of this Ordinance. It shall be
unlawful for any operator of such vessel to fail to stop upon request of such
officer and violation shall be punishable as provided in 30-A M.R.S. ¤ 4452.
9.4 Notifications
Notice
of vessel movements, cargo transfers and other activities specified herein
where notices to the Town of Chebeague are required shall be directed as
follows:
Primary
contact – Harbormaster, Town of Chebeague Island
Secondary
contact – Town of Chebeague Island Town Administrator
Tertiary
contact – any member of the Board of Selectmen
Making
contact with any of the above shall satisfy the notification requirements.
Sec. A-10 Shellfish Conservation
Ordinance
10.1
Authority
The
ordinance is enacted in accordance with 12 M.R.S. ¤ 6671
10.2
Purpose
The
purpose of the ordinance is to establish a shellfish conservation program for
the Town of Chebeague Island Coastal Waters which will ensure the protection
and optimum utilization of shellfish resources within its limits. These goals
will be achieved by means that may include:
a)
Licensing.
b)
Limiting the number of
shellfish harvesters.
c)
Restricting the time and
area where digging is permitted.
d)
Limiting the minimum
size of clams taken.
e)
Limiting the amount of
clams taken daily by a harvester.
f)
Establishing the Town of
Chebeague Island as an interested part in aquaculture activities in accordance
with State of Maine law.
10.3 Shellfish Conservation Committee
The Shellfish Conservation Program for the Town of Chebeague Island
will be administered by the Shellfish Conservation Committee consisting of five
(5) members. The Selectmen will
appoint the members. In addition the Shellfish Conservation Warden shall serve
as an ex-officio member. The CommitteeÕs responsibilities include:
a)
Establishing annually,
in conjunction with the Department of Maine Resources, the number of shellfish
digging licenses to be issued.
b) Surveying the clam flats to maintain current information
on shellfish resources.
c)
Submitting to the
Selectmen proposals for the expenditures of funds for the purpose of shellfish
conservation.
d)
Keeping this Ordinance
under review and making recommendations for its amendments.
e)
Securing and maintaining
records of shellfish harvest from the Town of Chebeague IslandÕs managed
shellfish areas and closed areas that are conditionally opened by the
Department of Marine Resources.
f)
Recommending
conservation closures and openings to the Selectmen in conjunction with the
Department of Marine Resources.
g)
Submitting an annual
report to the Selectmen and the Department of Marine Resources covering the
above topics and all other Committee activities.
The clam-flats of the Town of Chebeague Island are a very valuable
shellfish resource, which is important to the local economy. These flats are
not an inexhaustible resource, and, therefore, must be prudently managed in
order to remain viable.
As part of the management process, it may be necessary to (a) restrict
the taking of shellfish by limiting the number of shellfish licenses, (b)
restrict the size and quantity of shellfish which may be harvested, and (c)
take other measures as outline in the Ordinance.
10.4 Definitions
See Appendix B
10.5 Licensing
A Town of Chebeague Island Shellfish License is required. It is
unlawful for any person to dig or take shellfish from the shores and flats of
this municipality without having a current, valid license issued by this
municipality as provided by this ordinance. A commercial digger must also have
a valid State of Maine Commercial Shellfish License issued by the Department of
Marine Resources.
No person shall be issued a Shellfish License who, upon the time of the
request, has failed to appear in court for a shellfish violation, or has failed
to pay any outstanding shellfish violation fines.
10.6 Commercial Licenses
10.6.1
Resident Commercial Shellfish License: This license is available to residents
of the Town of Chebeague Island and entitles the holder to dig and take two (2)
bushels of shellfish per tide from the shores and flats of this municipality
and reciprocating municipalities. At license issue, the licensee will choose
any 90 days out of the 365 days available to harvest commercially. The license
will revert to a recreational license the remaining nine (9) months of the
year.
10.6.2
Non-Resident Commercial Shellfish License: This license is available to
non-residents of this municipality and entitles the holder to dig and take two
(2) bushels of shellfish per tide from the shores and flats of this
municipality. At license issue, the licensee will choose any 90 days out of the
365 days available to harvest commercially. The license will revert to a
recreational license the remaining nine (9) months of the year.
10.6.3
Any commercial shellfish license holder may petition the Town Clerk for
restoration of days lost to Department of Marine Resources closures.
10.6.4
The shellfish Conservation Committee may specifically designate the period of
validity as well as the areas open to commercial harvesting each year.
10.6.5
Commercial Shellfish License Holders are supplied with, and required to keep, a
Shellfish Harvesting Log, which must be submitted to the Town Clerk no later
than December 31st of each year. The Log will include the license
holderÕs name and address, and will show the date, location and number of
bushels harvested during each tide. Commercial license holders who do not
submit Harvesting Logs, as required, will not be eligible for a commercial
License during the next period of issuance of Commercial licenses.
10.7 Recreational Licenses
A person holding a recreational shellfish license may
not engage in the wholesale or retail sale of any shellfish harvested under
that license. Recreational shellfish licenses are not available and not valid
for a person who holds a shellfish license issued by the Commissioner of Marine
Resources, or a recreational license issued by any other municipality.
Maine certified shellfish wardens of the Town of
Chebeague Island shall be issued a recreational shellfish license.
10.7.1
Resident Recreational Shellfish License: This is available to residents
and/or taxpayers of the Town of Chebeague Island and entitles the holder to dig
and take no more than one peck of shellfish per tide for the use of himself and
his immediate family.
10.7.2
Non-Resident Shellfish License: This license is available to
non-residents of the Town of Chebeague Island, and entitles the holder to dig
and take no more than one peck of shellfish per tide for his use, and his
immediate family.
10.7.3
Monthly Recreational Shellfish License: During the months of June, July,
August, and September a specific number of licenses will be available for
issuance during each of the four months and will be void only for the month in
which it is issued. (For example – If ten licenses are available for the
month of June, they will not be sold before June 1st and, regardless
of the day of the month they are sold, they will expire at midnight on June 30th.)
The license entitles the holder to dig and take no more than one peck of
shellfish per tide for the use of himself and his immediate family.
10.7.4
Daily Recreational Shellfish Licenses: This license is available only
during the months of June, July, August, and September, and is valid only for
the day for which it is issued. Daily Recreational Licenses will be sold
commencing on the first day of the month during which day for which it is valid
occurs. Only one license will be available for each day of the month and only
one daily license per month may be issued to any one person.
10.7.5
At no time shall any recreational license holder and guest be allowed to
harvest a combined total that exceeds one peck of shellfish per license per
tide, however both license holder and guest may dig at the same time.
10.7.6
A Shellfish license must be on your person when harvesting shellfish.
10.8 Signature
The licensee must sign the shellfish license to make it valid.
10.9 License Application
Applicants must apply in person (no agents or power of attorney
accepted), except as may otherwise be required by State or Federal Statue, to
the Town Clerk for licenses required by this Ordinance on forms provided by the
municipality.
10.10 Misrepresentation
Any person who gives false information on a shellfish license
application will cause said shellfish license to become invalid and void.
10.11 Expiration Date
Each shellfish license issued under the authority of this Ordinance
expires at midnight on the December 31st next following date of issue,
unless otherwise specified in this Ordinance.
10.12 Reciprocal Harvesting Privileges
Licenses from other municipalities cooperating with this municipality
on a joint shellfish management program may harvest shellfish according to the
terms of their shellfish licenses.
10.13 Numbers of Licenses and Notice of Period of Issuance
Numbers of licenses and period of issuance will be reviewed annually by
the Town of Chebeague Island Shellfish Conservation Committee in conjunction
with the Department of Marine Resources and approved by the Board of Selectmen.
10.14 Opening/Closing of Flats
The Selectmen with the approval of the Commissioner of Marine Resources
may open and close clam-flats. When information in the possession of the
Shellfish Conservation Committee indicates a clam-flat should be opened or
closed, it shall immediately advise the Selectmen. The Selectmen shall call a
public hearing on 10-days notice published in a newspaper having general
circulation in the Town of
Chebeague Island, stating the time, place and subject matter of the
hearing and shall send a copy of the notice to the Department of Marine
Resources. At the hearing the Committee shall present evidence obtained from
its survey and other sources, and members of the public may present evidence in
support or refutation of the evidence presented by the Committee.
After the hearing is closed the Selectmen shall make findings of fact
on the relevant evidence presented. If the request is to open the flats, the
Selectmen shall then make a conclusion based on those findings of fact as to
whether opening the flat is warranted by the recovery of the resource; or the
freedom from predation, competition or other resource problem. If so, the
Selectmen with the concurrence of the Department of Marine Resources shall
order the flat opening and shall set such time limitation and other harvesting
conditions as are consistent with good conservation practices. If the request
is to close the flat, the Selectmen shall make a conclusion based on their findings
of fact as to whether closing the flat is warranted by depletion of the
shellfish, destruction of existing seed, or predation, competition or other
resource problem. If so, the Selectmen shall order the flat closed until
further request for opening by the Committee. The Commissioner of Marine Resources prior to enactment shall
approve any proposal for opening or closing of flats.
10.15 Minimum Legal Size
Pursuant to 12 M.R.S. ¤¤ 6671 and 6681, as amended from time to
time, it is unlawful to possess soft-shelled clam shell stock whose shells are
less than 2 inches in the largest diameter. For purposes of this Ordinance the
term, ÒpossessÓ, means dig, take, harvest, ship, transport, hold, buy and sell
retail and wholesale soft-shelled clam shell stock.
10.16 Method of Determining Tolerance
Pursuant to 12 M.R.S. ¤¤ 6671 and 6681, as amended from time to
time, any person may possess soft-shelled clams that are less than 2 inches if
they comprise less than 10% of any bulk pile. The tolerance shall be determined
by numerical count of not less than one (1) peck nor more than four (4) pecks
taken at random from various parts of the bulk pile or by a count of the entire
pile if it contains less than one peck.
10.17 Enforcement, Penalty, Separability, Repeal & Duration
10.17.1
Enforcement: Law enforcement officers of the Town of Chebeague Island
and the State of Maine and special officers as provided in 30-A M.R.S. ¤ 2672,
and the Shellfish Conservation Warden (Clam Warden), shall enforce this
ordinance.
10.17.2
Penalty: A person who violates this ordinance shall be punished as
provided in 12 M.R.S. ¤ 6671, as amended from time to time.
10.17.3
Separability: If any provision of this Ordinance is declared to be
invalid, that declaration does not affect the remainder of the Ordinance.
10.17.4
Duration: This Ordinance shall remain in effect until June 30, 2010.
10.17.5
Repeal: Any Ordinance regulating the harvesting or conservation of
shellfish in the Town of Chebeague Island is hereby repealed. This includes any
provision of other Town Ordinances, which are inconsistent with this Ordinance.
10.18 Misrepresentation
It shall be unlawful and a violation of this Ordinance, for any person
to falsify or give false information in connection with a shellfish license
application. In addition to any criminal penalties which may result from a
violation of this Ordinance, the shellfish license granted to any person who
gives false information on a shellfish license application will automatically
be void.
10.19 Suspension
10.19.1
Violation of Shellfish Ordinance: The Town Clerk shall suspend any and
all shellfish
licenses issued under this Ordinance, if the license holder is convicted in court of
violating any section of this Ordinance.
10.19.2
Suspension based on conviction in a Town closed Conservation area: The
Town Clerk shall suspend any and all shellfish licenses issued under this
Ordinance if the license holder has been convicted in court of possessing
shellfish from a Town
Closed Conservation Area.
10.19.3
Length of Suspension for Numbers 10.19.1 and 10.19.2 above: The
suspension of a license may not exceed the following:
1)
30 days from the date of first conviction
2) 365 days (one year)
from the date of the second conviction.
10.19.4
Applicable Standards: Any conviction more than three (3) years before
last conviction
shall not be counted in determining lengths of suspension.
10.20 Suspension Based on Refusing Inspection
The Town Clerk shall suspend any and all shellfish licenses if the
license holder refuses to allow inspection in the enforcement of the Ordinance.
This suspension may not exceed 90 days.
10.21 Hearing
Any licensee whose shellfish license has been suspended shall be
entitled to a hearing before the Selectmen, upon the filing of a written
request for hearing with the Selectmen within thirty (30) days following the
effective date of suspension. The applicant shall be given at least seven (7)
days prior written notice of the date, time and place of hearing before the Selectmen.
Any person aggrieved by the SelectmenÕs decision may appeal to the Superior
Court within thirty (30) days from receipt of the Selectmen'Õ written decision
pursuant to Rule 80B of the Maine Rules of Civil Procedure.
10.22 Appointment/Compensation/Removal of a Shellfish Conservation
Warden
The Selectmen shall appoint a Shellfish Conservation (Clam) Warden
yearly and shall recommend the WardenÕs compensation. The Selectmen, for cause
by them declared in writing, after due notice to the officer and hearing, if
requested, shall remove the Shellfish Conservation Warden and appoint another
one.
This Ordinance (Sec.A-10) shall remain in effect until repealed by
the Town of Chebeague Island, or rescinded by the Department of Marine
Resources.
Sec. A-11 Floating Businesses and
House Boats
11.1
Definitions
See Appendix C
11.2 Prohibitions and Requirements for Floating Businesses and
Houseboats
Except as specifically excepted hereafter and notwithstanding any
provision of this chapter or other provisions of the Town of Chebeague Island
Code of Ordinances to the contrary, floating businesses or houseboats are
prohibited from mooring or anchoring in the waters under the jurisdiction and
control of the Town of Chebeague Island unless the floating business or
houseboat conforms with all of the following requirements:
11.2.1.
The floating business or houseboat must be permitted and in compliance with all
applicable sanitation, navigational building and land use standards under the
Town of Chebeague Code of Ordinances and under State and Federal law.
11.2.2.
For all times that a floating business or houseboat is anchored or moored
within the waters under the jurisdiction and control of the Town of Chebeague
Island it must be serviced by a permitted and permanent float, dock or slip
from which the floating business or houseboat may be directly boarded from
land.
11.2.3
The floating business or houseboat must have a minimum of 875 square fee of
floor space of habitable area.
1.1.2.4
For all times that a floating business or houseboat is anchored or moored
within the waters under the jurisdiction and control of the Town of Chebeague
Island the floating business or houseboat must be serviced by a permanent, year
round and all-weather electric service that is in compliance with State and
Local electrical codes.
11.2.5
For all times that a floating business or houseboat is anchored or moored
within the waters under the jurisdiction and control of the Town of Chebeague
Island the floating business or houseboat must have legal rights to, and at all
times must maintain, parking sufficient to satisfy the standards and
requirements of the Town of Chebeague Island Code of Ordinances.
11.3 Exception
The requirements set forth in Section 11.2 do not apply to floating
pleasure vessels that might otherwise be defined as a houseboat hereunder if
the vessel occupies the waters under the jurisdiction and control of the Town
of Chebeague Island only temporarily and for three or fewer consecutive days.
Sec. A-12 Town of Chebeague Island Shoreland
Zoning Ordinance
Wharves and Docks
This
ordinance pertains to piers, docks, wharves, floats, bridges and other
structures and uses extending over or beyond the normal high water line of a
body of water or within a wetland.
12.1
Purpose
The
purpose of this ordinance is to protect traditional public access to, and use
of the shore. Also to minimize adverse impacts on fisheries, the environment
and public enjoyment of the shoreline, including visual and navigational
impacts.
12.2
Applicability
This section pertains to construction of, or
alteration and repairs to, piers, wharves, docks, bridges, floats and other
structures and uses extending over or beyond the mean high water line of a
water body, submerged lands, or wetlands. These are referred to simply as
Òpiers, wharves, docks, bridges, floats and other structuresÓ in the sections
below.
Piers
are platforms built with pilings for support; wharves are solid structures
built of granite blocks and/or contiguously placed materials; the term docks
refers to (1) the docking space alongside or between piers and wharves as well
as (2) the piers and wharves themselves (the more common usage). Other
structures include, but are not limited to items such as ramps, marine rails and
cribbing.
Functionally
water dependent uses – those uses that require for their primary purpose,
location on submerged lands or that require direct access to, or location in
coastal or inland waters and that cannot be located away from these waters. The
uses include, but are not limited to commercial and recreational fishing and
boating facilities, excluding recreational boat storage buildings, finfish and
shellfish processing, fish storage and retail and wholesale fish marketing
facilities, waterfront dock and port facilities, shipyards and boat building
facilities, marinas, navigational aids, basins and channels, retaining walls,
industrial uses dependent upon water-borne transportation or requiring large
volumes of cooling or processing water that cannot reasonably be located or
operated at an inland site, and uses that primarily provide general public
access to coastal or inland waters.
12.3 Applications
All applications shall be reviewed by the Coastal Waters Commission.
The Coastal Waters Commission shall provide the Planning Board a written
advisory recommendation regarding all applications related to Section 423.4 of
the Town of Chebeague Island Zoning Ordinance Wharves and Docks Section. Applications shall include sufficient
information for the Commission to determine if the Ordinance conditions are
met. Applications shall include,
but shall not be limited to structure elevations, high and low water
elevations, building materials to be used, soil substrates, habitat types, and
property boundary surveys.
12.4 Standards
The following standards shall apply to all piers, docks, floats,
wharves, bridges, and other structures and uses extending over and beyond the
normal high water line of a body of water, submerged lands or wetland:
12.4.1
Access from shore shall be developed on land and soils appropriate for such use
and constructed so as to control erosion.
12.4.2
The location shall not unreasonably interfere with developed or natural beach
areas.
12.4.3
The facility shall be located so as not to unduly interfere with fisheries.
12.4.4
The facility shall be no larger in dimension than necessary to carry on the
proposed activity.
12.4.5
No new structure shall be built on, over or abutting a pier, wharf, dock,
bridge, float or other structure without an application and approval justifying
the functionally water dependent use of said addition.
12.4.6
No new structure shall be built on, over or abutting a pier, wharf, dock,
bridge, float or other structure shall be converted to a residential dwelling
unit or any use other than a functionally water dependent use in any district.
12.4.7
Lighting on piers, wharves, docks, bridges, floats and other structures should
be designed and installed to minimize negative impacts on other properties and
safe navigation at night. Negative impacts include excessive lighting and
unnecessary glare that can be a hazard to navigation.
Public
and Commercial facilities shall submit a lighting plan for review by the Planning
Board for safety and compatibility with the proposed use.
All
lighting shall be in conformance with all Federal, State, and local standards including
Coast Guard Regulations for lighting of piers or wharves where applicable.
12.4.8
Except in the general development District and Commercial Fisheries/Maritime Activities
District, structures built on, over or abutting a pier, wharf, dock, bridge, float
or other structure extending beyond the normal high water line of a body of water
or within a wetland shall not exceed twenty (20) feet in height above a pier, wharf,
dock or other structure.
12.4.9 Structures shall not unduly interfere
with passage along or within the inertial zone in order to protect established
colonial rights for fishing, fowling and navigation. This may require
accommodations such as steps or pier elevations that would allow passage over
or beneath a structure.
12.4.10
Where a waterfront structure is proposed that will serve more than one
property, the property owners shall submit to the Town of Chebeague Island a
proposed easement demonstrating that permanent access and maintenance rights shall
be granted to the parties sharing the structure. The parties shall submit to the Code Enforcement Officer
proof of recording of the easement after its review and approval by the Town of
Chebeague Island.
12.4.11
Before any construction or site preparation begins, the applicant must obtain
all Federal, State and local permits, as required, including but not limited to
a Code Enforcement Officer permit, permits from the Department of Environmental
Protection under the Natural Resources Protection Act, 38 M.R.S. ¤ 480-C
as subsequently amended, the Army Corps of Engineers, and a Wharfing-Out permit
issued by the Selectmen under 38 M.R.S., Chapter 9 as subsequently
amended.
The
statutory reference is 38 M.R.S.A. paragraphs 1021-1027. Because this is a statutory
requirement, the municipal officers have to do this. While the statue requires
that the application be filed with and reviewed by the municipal officers,
there is nothing that prohibits the Town of Chebeague Island from having
the Coastal Waters Committee conduct an initial review under the statutory
language and make recommendations to the Selectmen about whether the
permits should be granted.
12.4.12
The Town of Chebeague Island shall notify all property owners within 1500 feet
of the proposed project. In addition the Town of Chebeague Island shall place
Public Notices in four (4) locations to maximize notification of the affected citizenry
and shall place Public Notices in two local papers.
Sec. A-13 An Ordinance Relating to Roads and Town
Owned Property
Stone Wharf at Great Chebeague
Island
The Selectmen shall adopt a fee and use schedule,
which shall be updated periodically and attached to this ordinance (Appendix
G).
13.1 Definitions
See Appendix D
13.2 Float Use
Refer to Attachment A
Appendix E. Boats will be placed in
designated areas and shall receive annually a permit and location area. Boats shall be required to dock in their
designated float area. Individual spaces will not be assigned, but areas shall
be designated for boats less than 12Õ in length, 12Õ up to 14Õ in length, and
14Õ to 17Õ in length.
No boat regardless of size
shall be berthed, tied up or otherwise secured to any Town float at the Stone
Wharf except as noted below:
13.2.1
Float A
Only
water taxis and CTC boats may be berthed, provided that other boats may use
said float for the immediate loading and unloading of passengers and/or cargo
when the same may be accomplished without interference with the use of said
float by water taxis or CTC boats.
13.2.2
Float B
Only
may be used by boats 12 feet and under on an annual dock rental space basis.
13.2.3
Floats C & D
These
are considered commercial floats and may be used for fueling and repair by
commercial boats only.
13.2.4
Float E and the westerly side of Floats F and G
May
be used for loading and unloading only for a period of 15 minutes in any 4 hour
period.
13.2.5
Floats E, F, and G on the northerly side
May
be used on an annual rental basis only. Size restrictions are noted on the attachment in Appendix E.
13.2.6
Float H
May
be used by transients.
13.2.7
Float I
Is
intended for inflatable tie-up
13.2.8
Float J
May
be used by boats 12 and 14 feet
13.3 Float and Wharf Restrictions
13.3.1
No person shall place or cause to be placed any boat on the deck or surface of
any float. Except for the purposes
of loading or unloading, it shall be unlawful for any person to place or cause
to be placed any boat, lobster trap, or any gear or object on the deck or
surface of any float or the Stone Wharf, for storage, drying, repair, or any
other purpose except as provided in Sections 13.3.11 and 13.3.12 below.
13.3.2
No haul-offs or pulley lines shall be permitted at the Stone Wharf, except as
shown on Attachment B in Appendix F
13.3.3
Motor vehicles shall be parked for no more than twenty-four (24) hours on
the Stone Wharf or on the Wharf Road.
13.3.4
A pedestrian safety zone six feet wide is hereby established on the west face
of the wharf, as shown on the Stone Wharf Plan dated June 2004 Attachment B
Appendix F.
13.3.5
Three parking spaces on the west face of the wharf shall be reserved for the
use of handicapped persons. Two parking spaces shall be reserved for the
captain and crew of the Chebeague Transportation Company. See Appendix F.
13.3.6
Bicycles shall be parked only at a rack to be placed in a location on the Stone
Wharf as determined by the Harbormaster.
13.3.7 Public parking shall be permitted only on
areas as shown in Appendix F. Parking shall be permitted on the South
shoulder of Wharf Road, and no parking shall be permitted on the North
shoulder.
13.3.8
The expression Òfor loading and unloading onlyÓ as used herein shall be
interpreted pragmatically and shall mean Òfor an attended vehicleÓ.
13.3.9
Police, fire, rescue and other emergency vehicles and equipment shall be exempt
from this ordinance during times of emergency or official duties.
13.3.10
The town shall make every effort to have the floats B, D, E, F, G, H, I, and
J in the water as soon as practicable
in the spring and shall remove the floats as late as practicable in the fall.
13.3.11
The areas shown on the Stone Wharf Plan designated as ÒLoading and Unloading
AreaÓ shall be reserved for loading and unloading only. No cars may be left parked and
unattended in this area.
13.3.12
During the months of June and November, the Loading and Unloading Areas as
shown on the Stone Wharf Plan shall be limited to temporary use to allow
fishermen access to load and unload gear. The 8 spaces north of the barge ramp
shall be ÒNo Parking – June and NovemberÓ as depicted on Attachment B,
Appendix F.
13.3.13
No person shall leave any commercial fishing equipment standing for a period in
excess of forty-eight (48) hours anywhere on the Stone Wharf.
13.4 Enforcement
The
Harbormaster and Law enforcement officers of the Town of Chebeague Island and
the State of Maine shall have the authority to enforce this ordinance. Any person convicted of a violation of
the provisions of this section shall be subject to a fine as listed in the
ÒSchedule of Fines for ViolationsÓ (Appendix H).
Town Float at ChandlerÕs Cove on Great
Chebeague Island
13.5
Float Use
Except
for boats used by public utilities or emergency craft, which shall be exempt,
the use of the Float at ChandlerÕs Cove shall be regulated as follows:
13.6
Float and wharf restrictions
13.6.1
No boat, regardless of size or description, shall be berthed, tied up, or
otherwise secured to the north or west face of the town float by any person for
a period of time in excess of fifteen (15) minutes during any continuous four
hour period. The east face shall be used as a punt float.
13.6.2
During times when insufficient docking space is available, any boat berthed,
tied up, or otherwise secured to the town float during a permissible fifteen
(15) minute docking period, shall temporarily make room for any other boat to
permit the loading or discharging of passengers and/or cargo.
13.6.3
Except for Loading and Unloading, it shall be unlawful for any person to place,
or cause to be placed, any boat, lobster trap, or any other gear or object on
the deck of the wharf or surface of all floats or parking areas for storage,
drying, repair, or any other purpose.
13.6.4
Loading and Unloading on the wharf shall not exceed a 15 minute period of time
during any four hour continuous period of time.
13.6.5
Motor vehicles shall be parked for no more than twenty-four (24) hours in
either of the two town-owned parking lots, except for vehicles owned by public
utilities.
13.6.6
The wharf shall be reserved for loading and unloading only and no cars may be
left parked and unattended.
13.7
Enforcement
The
Harbormaster and Law enforcement officers of the Town of Chebeague Island and
the State of Maine shall have the authority to enforce this ordinance. Any
person convicted of a violation of the provisions of this section shall be
subject to a fine as listed in the ÒSchedule of Fines for ViolationsÓ (Appendix
H).
Sec. A-14 Aquaculture
There shall be an aquaculture Committee under this ordinance whose
primary purpose is to review all aquaculture ventures (mussel rafts, oyster
farming, salmon pens, etc.) brought before the Harbormaster. This review could
be before or concurrent with the pre-approval meeting prescribed in the Maine
State Law specified below. In the interest of protecting all aspects of the
fishing community the committee shall develop criteria and make recommendations
to the Harbormaster, who will in turn bring them before the Town of Chebeague
Island Selectmen. The Selectmen will hold a public hearing on the proposed
venture as specified in the State Law. All aquaculture ventures within the
waters of the Town of Chebeague Island shall be in compliance with Maine State
Law 12 M.R.S.A # 6074 (4).
APPENDIX A
(Sec.A-4 Definitions)
4.1
Abandoned Moorings
A
mooring in waters classified as Harbor and/or Anchorage shall be considered
abandoned unless it is used by the owner or his family the 90 day period July 1st
to October 1st, or unless the owner has notified the Town of
Chebeague Island in writing of his intent to not use the mooring, registers the
mooring in accordance with Section
A-5, and grants permission in writing for the use of the mooring to be
assigned to others. Any mooring which is unused for 365 days by the owner or
his family shall be considered abandoned when the Harbormaster decides it is
abandoned.
4.2
Abandoned Vessel
Any vessel that is unattended and determined by the Harbormaster to
constitute a menace to navigation, or which is sinking or already sunk, or
which is stranded on any property without the permission of the property owner.
4.3
Anchorage
Occupancy of any space within the waters of the Town of Chebeague
Island by a vessel while at anchor whether or not the anchoring device is
resting on lands under water within the boundaries of the Town of Chebeague
Island.
4.4
Harbormaster
The person appointed to serve as such by the Board of Selectmen.
4.5
Mooring
An anchoring device not carried aboard a vessel as regular equipment.
4.6
Non-Resident
Any individual who does not maintain a legal residence within the Town
of Chebeague.
4.7
Non-Resident Taxpayer
A non-resident who pays real estate taxes to the Town of Chebeague
4.8
Oil
Any and all petroleum products and their by-products of any kind and in
any form, including but not limited to petroleum, fuel oil, sludge, oil refuse,
oil mixed with other wastes and crude oil.
4.9
Rental Mooring
A mooring which is leased or rented to a person other than the holder
of the mooring registration.
4.10
Resident
An individual who maintains a legal resident status in the Town of
Chebeague Island.
4.11
Riparian
Anyone owning shore front property.
4.12
Town Float
A float owned and maintained by the Town of Chebeague Island.
4.13
Town Landing
An area of land contiguous to the waters of the Town of Chebeague
Island which is owned by the town of which it is impressed with a public right
of access.
.
4.14
Vessel
A vessel shall include boats of all sizes powered by wind, machinery,
by hand or by tow. It includes barges, dredges, scows and watercraft of any
kind.
4.15
Waters of the Town of
Chebeague Island
All waters below the ordinary high tide mark within the legal
boundaries of the Town of Chebeague Island as incorporated July 1, 2007 and
extending seaward three miles from the shoreline.
4.16
Commercial Fisherman
A fisherman who is licensed by the State to harvest the species
authorized by the license.
APPENDIX B
(SEC. A-10.4 Definitions)
10.4.1
Municipality
Refers to the Town of Chebeague Island.
10.4.2
Non-Resident
The term Ònon-residentÓ means anyone not qualified as a resident under
this ordinance.
10.4.3
Resident
The term ÒresidentÓ refers to a person who has been domiciled in the
Town of Chebeague Island, the Town of Cumberland, or the Town of North Yarmouth
for at least three months next prior to the time his claim of such residence is
made.
10.4.4
Shellfish, Clams, and
Intertidal Shellfish Resources
When used in the context of this ordinance the words ÒshellfishÓ,
ÒclamsÓ, and Òintertidal shellfish resourcesÓ mean soft-shell clams (Mya
arenia), surf clams and quahogs.
APPENDIX C
(Sec. A-11.1 Definitions)
11.1.1
Floating Business
A Òfloating businessÓ is the use or occupancy of a raft, hull, barge or
other vessel floating on the waters adjacent to and within the jurisdiction of
the Town of Chebeague Island for any commercial operation such as, but not
limited to, the providing of personal services, retail operations, restaurants,
drinking establishments, galleries, performing arts, studios and other such
service or business operation. Fishing vessels used primarily for the
harvesting, processing, transport or storage of fish or seafood products or
vessels used for dredging, or other navigational purposes are not floating
businesses as defined herein.
11.1.2
Houseboat
Houseboat means the use or occupancy of a raft, hull, barge or other
vessel floating on the waters adjacent to and within the jurisdiction of the
Town of Chebeague Island for human habitation, living quarters, sleeping areas,
or for cooking or sanitary facilities or for any other similar use or
residential purposes associated with a ÒdwellingÓ or Òdwelling unitÓ.
APPENDIX D
(Sec.A-13.1 Definitions)
For the purpose of the Wharves and Docks Use Ordinance the following
definitions shall apply:
13.1.1 Chebeague Transportation Company (CTC)
ÒChebeague
Transportation Company (CTC) boatsÓ shall mean any boat owned and operated by
the Chebeague Transportation Company.
13.1.2 Water Taxi
ÒWater
taxiÓ shall mean any boat (1) approved and licensed by the U.S. Coast Guard to
carry passengers to and from Chebeague Island, (2) under the command of a
person duly licensed to operate said boat, (3) offering, subject to weather
conditions, an on-call water transportation service between Chebeague Island
and the mainland or other islands in Casco Bay daily, (4) which is in full
compliance with all applicable rules of any governmental agency, and (5) whose
owner or operator, if requested by the Town of Chebeague Island Selectmen,
provides a bond in form and amount satisfactory to the Town of Chebeague Island
Selectmen guaranteeing safe and reliable performance of the service described
in (3) above.
APPENDIX E
(Sec.A-13.2)
Chebeague Island Stone Wharf Float Plan
Summer 2006
Attachment A
APPENDIX F
(Sec.A-13.3)
Stone Wharf Plan June 2004
Attachment B
APPENDIX G
(Sec. A-13)
Schedule of Use Fees for the Public
Floats at the Stone Wharf
Fee Schedule
Boat tie-ups along Floats D, E, F, G, H & I
– Easterly Side
|
|
Less than 12Õ |
12Õ to 17Õ in length |
|
|
|
|
|
Resident |
$50 |
$125 |
|
Non-Resident |
$75 |
$150 |
|
|
|
|
Transient – Hourly Rates for Floats F, G,
H – Westerly Side
Monday – Thursday
$5 per hour per float or section of float
$100
per day per float maximum daily rate
Weekends
$7
per hour per float or section of float
$140
per day per float maximum daily rate
Transient Punt Tie-up Space – Floats as
Available
Transient Punt tie-up Space, when available, shall be
designated by the Harbormaster. Rates shall be for half and full day only.
$10
Half day
$20
Full day
APPENDIX H
(Sec. A-13.4 and 13.7)
Schedule of Fines for Violations
Parking
$20 Parking in a no
parking area
$20 Overtime parking
(more than 24 hours)
$50 Parking in a
handicapped parking space
$20 Parking in a
loading zone
Personal Property
Leaving personal property in excess of one hour
$10 1st
offense
$25 2nd
offense within 1 year of 1st offense
$50 3rd
offense within 1 year of 1st offense
Floats
Improper use of floats
$25 1st
offense
$50 2nd
offense within 1 year of 1st offense
Multiple tickets will be issued if the offense
continues beyond the allowed time limit for tying up to a float.
Boats must have the appropriate Stone Wharf sticker as
issued annually by the Town of Chebeague Island. Boats without the proper
sticker or are tied-up in an unauthorized tie-up area, shall be subject to the
fines listed under Improper use of floats. Boats in violation of this ordinance shall be subject to
impoundment by the Town of Chebeague Island after the second offense in a
single calendar year.