Rules and Regulations for the Westport Island mooring area.
This ordinance is adopted
under the provisions of 30-A M.R.S.A. § 3001 and M.R.S.A., Title 38: Waters and
purpose of this ordinance is to define the rights and responsibilities of
persons desiring mooring rights in the Westport Island mooring area and ensure
residents of Westport Island that do not have waterfront access or the ability
to access the water will have access to a mooring site.
to the approval of the Army Corp of Engineers and any restrictions imposed by
the United States Coast Guard as it relates to safe navigation the following
area shall be designated the Westport Island mooring area. Beginning at the 6
low water mark at Latitude 43o 57 00 and extending along said
latitude to the Westport Island/Wiscasset town line, from thence in a northerly
direction along said town line to Latitude 43o 57 29, from thence
in an easterly direction to the 6 low water mark, from thence in a southerly
direction following the 6 low water mark to the place of beginning.
owners with shorefront real estate immediately adjacent to the Westport Island
Mooring Area shall have first refusal for a single mooring location adjacent to
their property. The remainder of the mooring locations shall be on a first
come, first served basis for residents without access to waterfront or ability
to access the water and shall be limited to one mooring per lot.
and design of all moorings within the above Westport Island mooring area shall be
approved by the harbor master. The harbor master, or his representative, shall
witness the seating of any mooring within the said mooring area.
The fee for the approval by
the harbor master of the location and design of a mooring shall be $10.00 for
each request whether it is approved or disapproved. The fee for the witnessing
by the harbor master of the seating of a mooring shall be $25.00. Only the
harbor master may issue a permit for a mooring in the Westport Island mooring area.
of the design, purchasing, and seating of a mooring shall be borne by the
requestor. If a mooring has not been used in a continuous 12 month period the
mooring shall become the property of the Town of Westport Island.
for the use of a Town of Westport Island owned mooring shall be $15.00 per
with an approved mooring may tie up their dinghies on the north side of the
Wright Landing floats on a first come, first served basis. The mooring permit
number shall be clearly displayed on the bow of the dinghy.
accepts no responsibility for preventing damage to boats moving, or drifting that
are moored in the mooring area. Responsibility for the safety of any boat using
a mooring in the area lies with its owners or master or their representative.
of Westport Island shall be held harmless in the event of any personal injury
or damage or loss of life while using the mooring sites in the Westport Island mooring area.
of ordinances. If any part of these
regulations is held to be invalid or unconstitutional, such decision shall not
affect the validity of the remaining regulations.
The harbor master or his/her
appointed deputy/deputies shall be responsible for issuing permits. Whenever the Harbormaster or his/her
deputy believes that a person has violated this Ordinance, the
Harbormaster or his/her deputy may enforce this Ordinance in accordance
with 30-A M.R.S.A. § 4452 and 38 MRSA § 12 and § 13.
of Violation. Whenever the Harbormaster believes that a Person has
violated this Ordinance, the Harbormaster may order compliance with this
Ordinance by written notice of violation to that Person indicating the nature
of the violation and ordering the action necessary to correct it.
Relief. In addition to any penalties imposed by Federal or State law any
Person, firm, corporation, or other entity who violates this Ordinance shall be
subject to fines, penalties and orders for injunctive relief and shall be
responsible for the Municipality's attorney's fees and costs, all in accordance
with 30-A M.R.S.A. § 4452. Any person who violates any provision of this
ordinance, or who neglects or refuses to comply with any provision of this
ordinance shall be subject to a fine of not more than One Hundred Dollars
($100) for a first offense and Five Hundred Dollars ($500) for each additional
offense. Each day such violation continues shall constitute a
separate violation. In addition, failure to obey an order of the
Harbormaster is a Class E crime and may be prosecuted in accordance with 38
MRSA § 13. The person, firm, corporation, or other entity in violation of these
regulations shall be prohibited from using the mooring area until all fines,
penalties and orders for injunctive relief have been paid in full. Any
additional violation will result in the permanent denial of the right to use of
the Westport Island mooring area.
Agreement. The Harbormaster and/or deputy may, with the
approval of the municipal officers, enter into a written consent agreement with
the violator to address timely abatement of the violation(s) of this Ordinance
for the purposes of eliminating violations of this Ordinance and of recovering
fines, costs and fees without court action.
of Notice of Violation. Any Person receiving a Notice of Violation may
appeal the determination of the Harbormaster to the Board of Appeals.
The Board of Appeals shall hold a de novo hearing and may affirm, modify
or reverse the Harbormaster's decision. The notice of appeal must be received
within 30 days from the date of receipt of the Notice of Violation. A
party aggrieved by the decision of the Board of Appeals may appeal that
decision to the Maine Superior Court within 45 days of the date of the Board of
Appeals decision pursuant to Rule 80B of the Maine Rules of Civil Procedure.
5)The harbor master or his/her
appointed deputy/deputies shall receive 10% of the penalties or fess assed by
these ordinances with the balance going to the Wright Landing account.
If enacted, the provisions of this ordinance shall be
applicable to all pending proceedings, applications and petitions commenced
which is the date of filing this initiative in the Town Clerks office.