Section 1136. Special Conditions Regarding Gardiner Landing.
(A) Upon designation by the city council of a special activity, the city council may prohibit the parking of vehicles and boat trailers on the Gardiner Landing for a period not to exceed seventy-two hours. The city council shall set forth, in the designation, the hours that no parking is to be in effect. Notice of the designation of a special activity and the hours of no parking shall be posted at the entrances to the Gardiner Landing forty-eight hours in advance of the initiation of such hours of no parking. Vehicles and trailers found parked illegally after such designation and notice, may be removed and stored at the expense of the owner or person in charge or control thereof. The establishment of a period of no parking on the Gardiner Landing shall not apply to emergency,
maintenance, law enforcement and vehicles used in connection with the operation of the special activity.
(B) Boat Landing Facility and Wharf.
(1) No person shall use the launching ramp for a period of time in excess of 30 minutes.
(2) No person shall ground out, tie up or moor or permit to be ground out, tied up or moored, any water craft on the launching ramp.
(3) No person shall tie up or permit to be tied up to the launching ramp floats, any water craft for a period longer than 30 minutes.
(4) No person shall tie up or permit to be tied up to the wharf or wharf floats any water craft for a period longer than two hours without a permit from the harbor master. For the purpose of administration of this section the harbor master may issue permits on a first come first served basis for use of the wharf and wharf floats for periods longer than two hours upon payment of fees established by the city council.
(5) No person shall leave any property on the launch ramp or wharf floats for any period of time except during the actual period of loading and unloading passenger supplies or during the period of other related activities.
(6) No person shall keep, clean or dispose of in any manner or permit to be kept, cleaned or disposed of in any manner, any fish or other marine live on the launch ramp or wharf floats.
(7) No person shall engage in swimming form the launch ramp or wharf floats or form any water craft moored in any manner to the floats.
(8) No person shall use or permit the launch ramp or wharf floats to be used for any other purpose or activity other than that which is permitted by section.
(C) Camping or otherwise staying overnight on the Kennebec Wharf is prohibited.
(D) No person shall leave any property on the Kennebec Wharf for longer than forty-eight hours without the express permission of the city manager.
(E) Removal of water craft from Boat Landing Facility and Wharf. The harbor master shall have the authority to remove or cause to be removed at the expense of the registered owner of said water craft, any water craft from the boat landing, wharf or wharf floats and to remove the same to a safe anchorage or storage on land in the following instances:
(1) Where a water craft has occupied a boat landing, wharf or wharf float for a period of time in excess of that stated under this section, without a permit from the harbor master.
(2) Where a water craft is occupying the boat landing, wharf or wharf floats at the time of arrival of a commercial public carrier which said carrier has permission to occupy the boat landing, wharf or wharf floats in advance, and in those instances where the owner of the water craft occupying the landing, wharf or wharf floats cannot be located or having been located and advised to remove his water craft, refuses to do so. The arrival time of any such commercial public carrier shall be posted at the boat landing, wharf or wharf floats at least six hours in advance of its arrival time.
(3) In all instances where the safety of the water craft occupying the boat landing, wharf or wharf floats, adjacent water craft, the boat landing, wharf or wharf floats or any public property shall require such removal.
(4) Any water craft lying in tier (more than one water craft deep.)
(5) Any water craft which is anchored or moored in a fashion which obstructs the free passage of water craft going in or coming out of boat landing, wharf or wharf floats.
(6) All costs associated with the removal of any water craft shall be borne by the owner and shall constitute a lien upon said water craft which shall be required to be paid before said water craft shall be permitted to leave the harbor or other place of storage.
(F) Use of Wharf Floats. As authorized in subsection B, 4 of this section, the harbor master may issue permits to applicants for use of the wharf floats in accordance with the following:
(1) The applicant shall agree to indemnify and hold the city harmless from any and all claims or damages arising out of the applicant's use of the wharf.
(2) The applicant shall agree to abide by all rules and regulations as set forth by the City of Gardiner for use of the Gardiner Landing.
(3) Permits may be issued to a single vessel for use of the wharf floats for overnight tie-up for up to two nights in seven consecutive days upon payment of a fee of $10.00 per night. There will be no requirement for permits to use the wharf for periods of less than eight hours in any twenty-four hour period.
(4) Permits are to be displayed on the inboard side of the vessel at all times while it is tied to the wharf.
(5) The mooring place adjacent to and parallel with the float ramp shall be limited to one two-hour tie-up in any eight-hour period.
(G) Penalties.
1. Unless a greater penalty is specifically provided in this chapter or in an applicable provision of the Maine Revised Statute, any person violating any provision of this chapter shall be punished by a fine not less than $25.00 nor more than $100.00 for each violation. Any fine imposed under this section shall not preclude, and shall be in addition to, any other civil remedies that may be available to the city.
2. The harbor master or his authorized representative is authorized to accept a waiver of rights under section 1136 and accept $25.00.
3. It shall be prima facie evidence that the person in whose name the vessel is registered, unlawfully moored said vessel found in violation of section 1136.
4. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
H. Immobilization
1. Any vessel which has accumulated one (1) or more notices of violation of section 1136 for which there has been neither payment of waiver fees nor issuance of court process and which is moored in violation of section 1136 may, at the option of any person authorized to enforce the provisions of section 1136, be immobilized in place until all waiver fees established pursuant to 30 M.R.S.A. Section 2151, for all such outstanding notices of violation have been paid or until the requirements of Section 1136, G., 2 or 3 have been met.
2. Any person having the means to release such immobilized vessel shall not release it until the individual requesting its release presents satisfactory evidence of his or her right to possession and signs a receipt therefor, and:
(a) The harbor master or his duly authorized representative certifies that all waiver fees have been paid; or
(b) Until the harbor master or his duly authorized representative shall certify the posting of a bond equal to the total of all previously accumulated waiver fees which should have been remitted for said overdue notices or violation; or
(c) Upon certification of the harbor master or his or her authorized representative that such person has both:
(1) Demonstrated that he or she is unable to pay the accumulated waiver fees by reason of poverty, having provided satisfactory proof of such status; and
(2) Accepted service of process initiating a court proceeding to determine his or her liability for the prescribed penalty for such alleged violations.
3. Whenever any person requests the right to post bond pursuant to Section 1136, 2. b., such bond shall be given in cash and a receipt given therefor. Such bond money shall be refunded in the amount of the waiver fee for each alleged violation upon acceptance by such person of service of process initiating a court proceeding to determine his or her liability for the prescribed penalty for such alleged violation. Any bond shall be forfeited unless the person posting it requests and accepts service of such process from the harbor master or his or her designated representative within thirty (30) days of posting unless prevented from doing so by
the actions or inaction of the City of Gardiner.
4. It shall be unlawful for any person to tamper with or to attempt to remove any immobilizing device attached to a vessel. Notwithstanding other penalty provisions contained in these regulations, the penalty for any such violation shall be not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
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