38 §7. Relation to other laws
§7. Relation to other laws Nothing in this subchapter may be construed to be a limitation on the authority of municipalities to enact ordinances to regulate the assignment or placement of moorings and other activities in their harbors. These ordinances may include, but are not limited to: A process for assigning mooring privileges and determining […]
38 §7-A. Waiting lists; nonresident moorings
§7-A. Waiting lists; nonresident moorings 1. Waiting lists. If a municipality receives more applications for mooring privileges on state-owned lands that are controlled by its rules or ordinances than there are mooring spaces, the municipality shall assign spaces as they become available from a waiting list or lists according to its rules or ordinances, except […]
38 §8. Waiting list
§8. Waiting list Whenever there are more applicants for a mooring assignment than there are mooring spaces available, the harbor master or other town official shall create a waiting list. The town officials shall work out a reasonable procedure for persons to add their names to this list. The procedure shall be posted in a […]
38 §9. Abandonment of watercraft
§9. Abandonment of watercraft No person may bring into or maintain in the harbor any derelict watercraft, watercraft for salvage, or abandon any watercraft in the harbor without a permit from the harbor master or, if there is no harbor master, the appropriate municipal official. Whoever does so without permit is guilty of a Class […]
38 §10. Harbor master liability
§10. Harbor master liability In addition to the immunities from liability and the limitations and defenses provided under the Maine Tort Claims Act, Title 14, sections 8103, 8111 and 8112, a harbor master who, in the performance of statutory duties as set forth in sections 4 and 5, causes any damage to property or any […]
38 §11. Definitions
§11. Definitions As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 548, Pt. D, §9 (AMD).] 1. Municipal resident. “Municipal resident” means any person who occupies a dwelling within the municipality for more than 180 days in a calendar year. A municipality may […]
38 §12. Violation of subchapter
§12. Violation of subchapter Except as provided in section 13, a violation of this subchapter or any harbor ordinance may be prosecuted and relief, fees, fines and penalties granted and assessed pursuant to the provisions of Title 30-A, section 4452. [PL 1991, c. 262, §1 (AMD).] SECTION HISTORY PL 1987, c. 655, §8 (NEW). […]
38 §13. Failure to obey orders of harbormasters
§13. Failure to obey orders of harbormasters 1. Offense defined. A person is guilty of failure to obey an order of a harbormaster if the person intentionally, knowingly or recklessly fails to obey any lawful order of a harbormaster authorized pursuant to this subchapter. [PL 1991, c. 262, §2 (NEW).] 2. Penalty. Failure to […]
38 §5. Removal of vessels obstructing anchorage
§5. Removal of vessels obstructing anchorage A harbor master, upon receiving complaint from the master, owner or agent of any vessel, shall cause any other vessel or vessels obstructing the free movement or safe anchorage of that vessel to remove to a position to be designated by the harbor master and shall cause, without any […]
38 §6. Power to arrest for assault
§6. Power to arrest for assault Harbor masters, whose authority is not restricted as described in section 1, may arrest and deliver to the police authorities on shore any person committing an assault upon them or another person acting under their authority. [PL 1985, c. 531, §3 (AMD).] SECTION HISTORY PL 1985, c. 531, […]