THE KENNEBUNK RIVER COMMITTEE ORDINANCE
Adopted July 10, 1971
Amended March 16, 1985, March 21, 2000 and June 18, 2005
Section I – Purpose
The purpose of this Ordinance is to provide for the just and orderly operation of marine activities on the Kennebunk River.
Section II – Authority
This ordinance is adopted pursuant to Title 38 M.R.S.A. sec.1, et seq., and the Home Rule Provisions of the Maine Constitution.
Section III – Conflicts with Other Ordinances and Laws
Where there is conflict between this ordinance and any other Federal, State, or Local law, statute, regulation, rule or ordinance, the more restrictive provisions shall apply.
Section IV – Amendments
After public hearing by the Board of Selectmen, this ordinance may be amended at an annual or special Town Meeting.
Section V – River Committee
The River Committee established by the Interlocal Agreement among Arundel, Kennebunkport and Kennebunk shall be responsible for all Kennebunk River harbor activities as set forth in the Agreement, this Ordinance and as otherwise required by law.
The River Committee shall have the authority to establish and collect fees for moorings and harbor usage. Such fees must be reasonably related to the cost of maintaining and regulating the Kennebunk River Harbor and may include a charge to establish a capital reserve account for harbor dredging. However, before any such fees may be imposed, the River Committee shall hold a public hearing preceded by at least 10 days notice in a newspaper of general circulation in Kennebunkport. The initial fees must also be approved by the Board of Selectmen before becoming effective; thereafter, the River Committee may adopt amendments pursuant to the same procedure provided the Board of Selectmen may veto any changes within 14 days of adoption by the River
Committee.
The River Committee is only authorized to spend such monies as are appropriated by Town Meeting.
Section VI – Harbormaster
The Harbormaster for the Kennebunk River is appointed annually by the Boards of Selectmen of Kennebunk, Kennebunkport and Arundel. Certain duties and responsibilities of the office are prescribed by Title 38, M.R.S.A. He has the additional duty to administer and enforce the provisions of this Ordinance with the authority granted by law and through his appointment as Harbormaster. For purposes of compensation and employment benefits, he shall be deemed an employee of the Town of Kennebunk which may charge pro-rata shares of such expenses to Kennebunkport and Arundel. However, for all purposes of initial employment recommendation to the Board of Selectmen and subsequent oversight and annual job performance review, he shall report solely to the River
Committee which may recommend discipline or discharge to the Kennebunk Town Manager who may take such discipline only for just cause after notice and hearing.
He may utilize the Town Office and the Kennebunk River Committee for assistance in the administrative aspects of his responsibilities.
Section VII – River Limits and Channel
Kennebunk River
For the purposes hereof (and the area regulated hereby) the Kennebunk River is defined as all portions of said River within this municipality which extend and run generally southerly from the prolongation southerly of the Kennebunkport and Arundel town boundary at Goff Brook, including all waters to the hightide levels thereof, extending to a line drawn between the extreme offshore limits of the jetties at the mouth of said River.
Kennebunk River Channel
For the purposes of this Ordinance, the Federally Designated portion of the channel, so called, of the Kennebunk River is defined as follows:
The entrance of the Kennebunk River Channel is 100 feet wide and runs from the mouth of the river to a point beyond the Kennebunkport Marina, where it narrows to 75 feet in width. Thence it extends northerly, continuing at a width of 75 feet, terminating at a line, the end-point coordinates of which are N191412.53, E417265.28 and N191445.83, E417332.48 (NAD 1927, State Plane, Feet). All of said Federally Designated channel is as depicted on plans encaptioned “Kennebunk River, Maine-Maintenance Dredging”, dated July 19, 1984, bearing drawing number 2226, consisting of two sheets, the same being incorporated herein by reference. The northerly limit of the federal channel was established by U.S. Public Law 104-33, October 12, 1996 which amended the above referenced plans of 1984.
The Locally Designated Channel, so called, of the Kennebunk River is defined as follows:
A 50 foot wide Locally Designated Channel beginning at the northerly limit of the Federally Designated Channel and extending northward approximately 758 feet; thence a 40 foot wide Locally Designated Channel beginning at the end of the 50 foot wide Locally Designated Channel and extending northerly approximately 312 feet to the Route 9 Bridge. All of said Locally Designated Channel is as depicted on a plan encaptioned “Kennebunk River Locally Designated Channel,” dated August 26, 2004, and prepared by the Southern Maine Regional Planning Commission, the same being incorporated herein by reference.
Section VIII – Rules of River Use
Prudent Operation of Vessels
Vessels shall be operated on the Kennebunk River in a reasonable manner so as not to endanger persons or property or to cause excessive wash. In no case shall speeds exceed five (5) knots while operating on any portion of the Kennebunk River south of the aforementioned Railroad Bridge.
Government Wharf
The intended use of the floats and the facilities of Government Wharf are solely for the loading and unloading of vessels, for the dockage of skiffs used by owners of vessels, and for such other uses as are specifically authorized by the Board of Selectmen.
No vessel may be left unattended on the westerly face of the floats or at Government Wharf for a period of more than one-quarter (1/4) hour; in no event shall any vessel not using said facilities for loading and unloading remain thereat when any other vessel requires the use of said facilities for such purposes, and in no event shall any vessel remain thereat in excess of four (4) hours; in no event, excepting emergencies, shall the facilities at Government Wharf be utilized for any purpose other than loading and unloading without written permission from the Harbormaster. Board owners wishing to leave a skiff at Government Wharf on a regular basis are required to notify the Harbormaster of this intention. If in the opinion of the Harbormaster, skiff tie-off space
becomes overcrowded, first priority for space will be accorded to commercial users.
Skiffs tied to Government Wharf must be properly maintained, be kept bailed and must be secured so as to keep Government Wharf clear for operations and not interfere with vessels landing and departing.
Users of Government Wharf are responsible for properly cleaning up any spillage or untidiness resulting from their operations.
Failure to observe these regulations may result in loss of permission to use the Government Wharf facility and floats and a penalty as set forth in Section VI.
Traps in the River
No operation of fixed traps of any kind will be allowed in the Kennebunk River southerly of the Railroad Bridge. Storage cages shall be permitted if attached to a vessel or to a vessel’s mooring.
Record of Moorings
The Harbormaster shall maintain a written record of the basic information on each mooring including assigned location, identifying number, vessel description, owner, mooring specifications and details and any additional data deemed useful.
The Harbormaster shall maintain the aforementioned plans of the Channel and a chart of the harbor showing current mooring location assignments.
Each mooring location will be assigned an identifying number which must be marked in a legible fashion on the marker buoy or log in at least three inch (3”) numerals.
Mooring Authorizations
No mooring shall be permitted, and no mooring shall be placed, utilized or allowed without written authorization from the Harbormaster for the mooring of a specific vessel therein. Each day that a mooring remains in place or is utilized in violation of this section shall be deemed a separate violation hereof.
The Harbormaster shall have absolute authority over all moorings and mooring locations in accordance with the terms of this Ordinance and the laws of the State of Maine.
Any mooring location which is not utilized by the holder of the mooring authorization therefore, or by an assignee approved by the Harbormaster, for a term of thirty (30) consecutive days during the months of June, July and August of any year shall be declared vacant and shall thereupon be available for reassignment by the Harbormaster except where the holder of the mooring has sent advance written notice to the Harbormaster showing good cause.
Precedence for Mooring Locations
The Harbormaster shall maintain a chronological list, according to date and time, of all vessel owners requesting mooring location assignment or reassignment to a new location.
Except as otherwise required by law, request for a particular location or area of the harbor will be treated in accordance with the following priority guidelines:
A. A Shorefront owner’s request for location immediately adjacent to frontage.
B. Commercial vessel owners.
C. Pleasure vessel owners.
Future mooring assignments will be on an availability basis in accordance with the chronological listing of requests and the foregoing priority guidelines.
Channel to Remain Free of Obstructions
The Harbormaster shall be empowered to ensure that the Kennebunk River Channel shall remain navigable and free of obstructions.
Section IX – Penalties
Violation of any of the provisions of this Ordinance shall be deemed a civil violation. They are enforceable by the Harbormaster or any other law enforcement officer with jurisdiction in Kennebunkport or upon the waters of the Kennebunk River by an action in the form of a civil infraction in Maine District Court, District Ten, Division of Eastern York, Biddeford; upon determination by said Court on a violation that occurred the violator shall be fined not more than $250.00 for each violation; each day a continuing violation exists in a separate violation of the provisions hereof. All fines collected hereunder shall inure to the Harbor Committee budget.
Penalties for violations of the laws of Maine with regard to speed restrictions, reckless operation of a vessel, operation of a vessel while under the influence of liquor or drugs and all other violations of State statute shall be as otherwise provided by law.
If the Harbormaster incurs costs in the conduct of his duty as a direct result of the failure of a vessel owner or operator to comply with this Ordinance or the statutes of the State of Maine, the Harbormaster may recover those costs and reasonable remuneration for his time by filing a civil complaint against such owner or operator in the Maine District Court, District Ten, Division of Eastern York, Biddeford.
Section X – Definitions
Vessel
The word “vessel” as used herein shall include boats of all sizes powered by sail, machinery or hand, scows, dredges, lobster, crab and shellfish cars, and craft of any kind.
Commercial Vessel
A vessel from which the owner obtains in excess of 67% of his earned income.
Section XI – Separability
If any provision or clause of this Ordinance or application thereof to any person, persons or circumstances is held invalid, such invalidity shall not offset other provisions or applications of the Ordinance which can be given effect without the invalid provision or application and to this end provisions of this Ordinance are declared to be separable.
Section XII – Maine Law
Additional laws relating to boating are contained in M.R.S.A. Titles 12, 17 and 38 and the Department of Marine Resources Laws and Regulations.
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