Wright Landing and Adjacent Town Property Use Ordinance

 

 

A.†† This ordinance is adopted under the provisions of 30-A M.R.S.A. ß 3001.

 

B.†† The purpose of this ordinance is to regulate and ensure the safe and reasonable use of the Town of Westport Islandís Wright Landing, including the launch facility, parking area, and picnic area.

 

C.†† The maximum length of a boat that may be launched from this facility is 26 feet.For a boat of greater length (up to 50 feet) may be launched by permit obtained from the town office.Special safety procedures have to be agreed to and followed to do this.

 

D.The use of boat launch and parking area between sunset and sunrise for purposes other than fishing or the launching and retrieving of boats is prohibited. The picnic area and tables may be used only between sunrise and sunset.

 

E.†† No person shall tie up or leave any boat in the area around any launching ramps, floats or docks, except when loading or unloading cargo and/or passengers, or where otherwise allowed by posted official notice with the exception that boaters using the Westport Island mooring area may tie up their dinghies on the north side of the Wright Landing floats on a first come first served basis.

 

F.†† The launching ramp shall be used only for loading and unloading, with a maximum time limit of 20 minutes. Extension of this time limit for reasons of safety or hardship requires permission from the harbor master or if unavailable their appointed deputy. Preparation for launch shall be completed prior to approaching the launching ramp.

 

G.No person shall place or maintain on the launch any barrels, boxes, gear, traps, pots, nets, sails, equipment, or other materials longer than is necessary for the prompt loading or unloading of the same.

 

H.No person shall deposit or sweep or cause to be deposited, discharged, or swept into the tidal waters of the Town of Westport Island any gas, oil, bilge water containing gas or oil, ashes, dirt, stones, gravel, logs, brush, planks, building materials, shells, bait, dead fish, bottles, cans, paints, chemicals, soaps, detergents, or any other liquid or solid waste or rubbish that floats on, dissolves in, or otherwise pollutes the water, obstructs navigation, or decreases water depth. Washing vehicles, boats and laundry is prohibited.

 

I.††† No person shall deposit or leave rubbish, garbage, or litter of any kind in the launch area, parking area, picnic tables, or any town property. Pet owners must clean up any fecal deposits left by their pets.

 

J.†† Camping or other overnight stays at the launching facility are prohibited.

 

K.Vehicles, including trailers, shall be parked only in designated places. A vehicle shall not be parked on the property for more than 24 consecutive hours.

 

L.†† Fires are not permitted.

 

M. The use of alcoholic beverages or controlled substances is prohibited. Disorderly conduct, including, but not limited to, excessive noise, indecent acts, intoxication or coarse language is prohibited.

 

N.Removing, injuring or damaging any parts of the facility including plants, land, structures, picnic tables, or natural conditions at the launch, parking area, and other town property is prohibited.

 

O.Storage of boats, trailers, vehicles, equipment, ice shacks, and other items on this town property and launch facility is prohibited.

 

P.†† Swimming and recreational fishing from the boat launch ramp, docks, floats, and areas posted "no swimming" are prohibited

Q.The Wright Landing Boat facility is available for use by the general public, subject to the limitations stated in this ordinance, for launching, loading and unloading of boats; fishing, picnicking, swimming, and similar recreational activities. The facility, or portions thereof, may be reserved for group events or for other uses within the discretion of and with the prior written approval of the harbor master, including, but not limited to, fishing tournaments, weddings, group events or programs and commercial activities. The board of selectmen may develop regulations and a permit system for use of the facility. Permit fees are as follows: For reservation of the picnic area for exclusive use, $100/day. For fishing tournaments or other sporting activities, the fee shall be $100 plus 25% of the gross income. Fees shall be nondiscriminatory in nature. After this ordinance is adopted, permit fees changes may be made or new fees established as recommended by the harbor master and approved by the Board of Selectmen. Any changes in fees shall have received the prior approval of the State Bureau of Parks and Lands prior to their being adopted.

R.Persons using the Wright Landing Boat facility use the facility at their own risk and the town accepts no responsibility for preventing damage to boats moving, drifting, anchored, or moored in the boat launch area or using the Wright Landing facilities. Responsibility for the safety of any boat using, or in the vicinity of the facility, lies with its owners or master or their representative.

 

S.†† Posting advertisements or other notices not approved and signed by the harbor master is prohibited.

 

T.†† The Town of Westport Island shall be held harmless in the event of any personal injury or damage or loss of life while using the facilities at the Wright Landing.

 

U.†† The harbormaster and/or his/her duly appointed deputy (if any) shall administer, implement and enforce the provisions of this ordinance. 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 to be recovered by the harbor master through a civil complaint in the Maine District Court. Each day that a violation, failure or refusal to comply exists shall be considered a separate offense. The harbor master, with the consent of the municipal officers, may negotiate consent agreements to address violations of this Ordinance and recover fines, costs and fees without court action. Any additional violation will result in the permanent denial of the right to use of the boat launch facility and picnic area.

 

V.†† Validity 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.

 

W.The harbor master or his/her appointed deputy/deputies shall receive 10% of the penalties or fees assessed by these ordnances with the balance going to the Westport Island Landing account.

 

X.†† If enacted, the provisions of this ordinance shall be applicable to all pending proceedings, applications and petitions commenced after 9/22/2007, which is the date of filing this initiative in the Town Clerkís office.