TOWN OF SWAN'S ISLAND

UNDERSEA CABLE ORDINANCE

 

Section 1      General

  • This Ordinance is prepared in accordance with the provisions of 30-A

M.R.S.A. Section 3001 and 38 M.R.S.A. Sections 2 and 7, and shall be known and may be cited as the "Undersea Cable Ordinance" or the "Ordinance."

  • The purpose of this Ordinance is to regulate activities within the "territorial waters" of the Town, as defined in 38 M.S.A. Section 1, and located in proximity to underwater critical infrastructure, in order to promote public safety and compatible uses of these areas.
  • The requirements of this Ordinance shall be in addition to, and shall not diminish, the authority of the State of Maine or the United States Army Corps of Engineers to regulate the harbor areas of the Town as may be provided by state and federal

Section 2       Rules

  • No person shall place or cause to be placed any temporary or permanent mooring, anchor or any other property or obstruction within the area designated as the "Protected Undersea Cable Area" on the plan attached to this Ordinance at Exhibit "A."
  • No person shall dump, discharge, or add any waste, garbage, dirt, gravel, logs, planks or other material within the area designated as the Protected Undersea CableArea.
  • No person shall dredge, fish, clam, swim, set equipment or engage in any other activity that will result in direct or indirect contact or impacts to the ocean floor inthe Protected Undersea Cable Area, including tidal
  • No person shall sink or abandon, or negligently permit to be sunk or abandoned, any Watercraft (as that term is defined in 38 R.S.A Section

11) inthe Protected Undersea Cable Area.

Section 3      Administration and Enforcement

  • This Ordinance shall be interpreted and enforced by the Harbormaster, who shall have those powers and authority as may

,          generally be provided by 30-A M.R.S.A. Section 4452 and 38 M.R.S.A Sections 2 through 7.

 

  • The Harbormaster shall enforce the requirements of this Ordinance and shall cooperate with other governmental agencies, as appropriate, including police, fire, or other emergency personnel, to maintain safe conditions, direct the relocation of Watercraft or other property maintained in violation of the requirements of the Ordinance, or take other action necessary or prudent to ensure compliance with the requirements of this Ordinance.
  • The Harbormaster shall instruct any person, including any owner or operator of any Watercraft acting in violation of this Ordinance, to cease and desist any such action and, as appropriate, relocate or remove any Watercraft or other property maintained in violation of this Ordinance.

 

  • If a Watercraft described in this section has no crew on board or if the owner, master, or person in charge neglects or refuses to move such Watercraft, as directed by the Harbormaster, or if the Harbormaster is unable to located the owner or master or person in charge after reasonable efforts, then the Harbormaster may take steps to remove said Watercraft, in accordance  with the  provisions  of 38 R.S.A. Section 5. Watercraft so taken into custody shall be released  to the owner by the Harbormaster  only after  satisfactory  proof of ownership has been presented, full reimbursement made to the Town for all costs incident to recovery, movement  and  storage;  and  a signed  release of all claims is executed by the Watercraft owner or duly authorized representa tive.
  • In a case of a situation deemed an emergency by the Harbormaster in the exercise of his/her sole discretion, the Harbormaster may board any Watercraft as may be necessary to ensure compliance with this Ordinance, and the owner of the Watercraft shall be liable for any costs incurred by the Town in effecting such
  • Any person aggrieved by any decision, act or failure to act by the Harbormaster in the administration or enforcement of this Ordinance may appeal such decision to the Municipal Officers within thirty (30) days of the date of the decision.
  • Any violation of any requirement of this Ordinance shall be subject to an action brought by the Harbormaster in accordance with the provisions of 38 M.R.S.A. Sections 3 and
  • The failure to obey any order of the Harbormaster shall be a Class E crime. Violations of this Ordinance, other than failure to obey an order of the Harbormaster, shall be subject to civil penalties in accordance with 30- A R.S.A. Section 4452.

 

Sec tion 4     Severability

 

If any section, subsection, sentence, clause, phrase or portion of this Ordinance or its application thereof to any person(s) or circumstance(s) is deemed invalid or unconstitutional by a court of competent jurisdiction, such portion or application shall be deemed a separate, distinct and independent provision or application and such holding shall not effect the validity of the remaining portions or applications thereof.

 

Attested By:

I hereby attest that this is a true copy of the Swan's Island Undersea Cable Ordinance, as enacted July 18, 2016.

Gwen J. May