TOWN OF PEMBROKE

HARBOR MANAGEMENT ORDINANCE

Article 1 – PREAMBLE

1.0 General

1.1 Authority
This ordinance is adopted under the authority granted in Titles 12, 17A, 30-A, and 38
MRSA, as amended.

1.2 Short Title

This ordinance shall be known as the Town of Pembroke Harbor Ordinance and may be
cited as such.

1.3 Purpose
The purpose of this ordinance is to provide for the just and orderly operation and
regulation of marine activities on the within the harbors, shores, waterways, and tidal
waters of the Town of Pembroke, Maine, (herein-after the ‘Town’), in order to ensure
safety to persons and property, to promote availability and use of valuable public
resource, and to create a fair and efficient framework for the administration of that
resource.

1.4 Jurisdiction
The provisions of this ordinance shall govern marine activities in the coastal and inter-
tidal waterways of the Town.

1.5 Rules of Construction

Captions and headings within this ordinance are an integral part of the ordinance and are
intended to be utilized in determining the meaning and applicability of the sections they
identify.

Article 2 – Harbor, Waterways, Channel, And Coastline Limits

2.0 Purpose

The purpose of this article is to define the limits of the coastal waters of the Town.

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 Article 3 – Pembroke Harbor Board of Trustees and Harbor
Master
3.1 Pembroke Harbor Board of Trustees

3.1.1 APPOINTMENT
The Harbor Board of Trustees (herein-after ‘Trustees’) shall be elected at annual meeting
by the residents of Pembroke, and shall consist of five voting members. Trustees shall
provide reports to the Board of Selectmen on an annual basis and shall provide
information regarding the operation of the harbor to the Board of Selectmen (herein-after
‘Selectmen’) as necessary. Members shall be elected for two-year terms except that two
members shall be elected to one-year terms in the 1999 election year. Member may be re-
elected for not more than two consecutive terms.

The Trustees shall be citizens of the Town of Pembroke.

3.1.2 DUTIES AND RESPONSIBILITIES

The Trustees work directly for the Selectmen and the citizens of the Town. As such they
are directly responsible to the Town for the following:
a. To review the qualifications of persons seeking employment as Harbor
Master and to make recommendations to the Selectmen.
b. To propose and supervise the collection of rates, fees and schedules,
and prepare the annual harbor operations budget for the Town.
c. To operate the harbor, execute contracts, obligate and expend funds
and conduct such other business as is necessary to discharge the
approved budget.
d. To oversee the harbor as necessary, provide support to the Selectmen
as follows:
1. To advise as to the custody, care and management of the
harbors and their facilities.
2. To recommend policy for municipal harbors
3. To recommend rules and regulations for use of the harbors.
4. To make recommendations on the construction of piers,
wharves, breakwaters, marina facilities, and moorings, within
the harbor waters.
5. To develop short and long-range harbor plans.

3.1.3 MEETINGS
The Chairman or the Harbor Master may call meetings of the Trustees. There shall be a
minimum of one public business meeting per month and one public hearing per year.

3.1.4 QUORUM
A simple majority of the members elected to the Trustees shall constitute a quorum.

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3.1.5 VOTE
The Trustees decision will be made by vote of a majority of the members present and
voting.

3.1.6 CHAIRMAN AND SECRETARY

A Chairman and secretary of the Trustees shall be elected by Trustees. The position of
Chairman and secretary shall be held by different Trustees. The secretary shall keep a
record of all proceedings. A copy of the minutes will be provided monthly to the
Selectmen. The Trustees shall make a complete financial and operational report to the
Selectmen at the close of the fiscal year for inclusion in the annual report.

3.2 Harbor Master

3.2.1 APPOINTMENT
The Harbor Master shall be nominated by the Trustees and be appointed by the
Selectmen. The Harbor Master is authorized and required to attend the annual
harbormaster training by the Maine Harbormasters’ Association.

3.2.2 DUTIES AND RESPONSIBILITIES

The Harbor Master shall be overseer of the Town’s waterfront facilities to include, but
not be limited to, mooring, floats, docks, ramps, channels, breakwaters, and adjacent
municipal property, excluding parking lots. See 9.2 (12)

The Harbor master shall have the powers to summons, but shall not bear firearms.

The duties of the Harbor Master shall include:

a. Administer and enforce this ordinance and any rules or

regulations promulgated.
b. Promote order in the harbor and assure safety and use of the
harbor for the general public.
c. Regulate placement of moorings according to the approved
mooring plan.
d. Provide copies of all rules, regulations, ordinances and other
laws, which pertain to the harbors, their use, and to vessels
within the Town and to make copies available to those persons
using its harbors.
e. Inspect mooring, docks, floats, piers, and wharves, from time
to time as his judgment may dictate, or if requested by the
Trustees, in the geographic areas covered by this ordinance and
give notice to the owner of such structures which have fallen
into a state of disrepair or which may create a dangerous
condition or may interfere with safe passage.
f. Enforcing laws prescribed under titles 38, 12, and 17 MRSA.

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3.3 Deputy Harbor Master

A deputy Harbor Master(s) may be appointed by the Harbor Master subject to approval of
the Trustees. Deputy Harbor Master(s) shall have the same powers, authority, duties and
immunities of the Harbor Master to enforce this ordinance.

Article 4 – General Provisions

4.1 Purpose

The purpose of this article is to set forth provisions for the safe and orderly operation of
the Harbors, to ensure safety to persons and property, and to minimize conflicts between
the various harbor users.

4.2 Boat Owner or Operator

Any person using moorings, piers, slips, boat launched, walkways, hoists or other public
facility within the geographic limits covered by this ordinance shall assume all risks of
damage or loss to his/her property.

4.3 Operations of Vessels

4.3.1 INFECTED VESSELS

Whenever a vessel arrives in Town harbors having on board any person afflicted with a
contagious disease or suspected of being afflicted with such disease, the master
commander, or pilot thereof, and the Health Officer of the Town shall comply with the
provisions of Title 38, Section 283, MRSA, as amended.

4.3.2 ABANDONMENT
No person shall abandon any boat, vessel, hulk, cradle, raft, or any other possible
obstruction within the geographic limits covered by this ordinance. Any property, as
herein above described, which shall have been left unattended for a period of fifteen (15)
days, shall be deemed to have been abandoned. The Harbor Master will post the notice on
the vessel directing the owner to contact the Harbor Master. Said notice will also order
the owner to remove the vessel within fifteen (15) days. If the owner fails to contact the
Harbor Master, or remove the vessel within the aforementioned fifteen (15) consecutive
days, he/she will be considered in violation of this ordinance.

4.3.3 SUNK OR SWAMPED VESSELS

No vessels, boats, hulk or other watercraft either swamped, sunk of in danger of being
sunk shall be left unattended in Town waters for more than 48 hours. Any such vessel
that represents an immediate danger to docks, slips, moorings, or other vessels, or
represents a possible hazard to navigation shall be deemed abandoned. If possible, the
Harbor Master will post the notice on the vessel directing the owner to immediately

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contact the Harbor Master. Said notice will also order the owner to remove the vessel
within twenty four (24) hours, he/she will be considered in violation of this ordinance. If
the Harbor Master is unable to post notice on the vessel or determine the owner, or has
not been contacted within the aforementioned twenty four (24) hours, the removal or
destruction of the offending vessel at the cost of the owner.

4.4 Obstruction Of the Channels, Launch Ramps, or Berthing Spaces and Removal
Of Vessels.

4.4.1 It shall be unlawful to tie or anchor a vessel in such a manner as to obstruct or

prevent access to mooring areas, launch ramps or channels, or carelessly sink or allow to
be sunk any vessel in any channel, mooring area, berthing space which shall impede
navigation or cause damage to vessels therein or prevent the use thereof. If the Harbor
Master receives a complaint from an owner, master, or operator of any vessel that another
vessel or vessels is/are obstructing free movement or safe anchorage, he shall investigate
the situation and order such offending vessel to move to an appropriate location.

If the Harbor Master should observe a condition which one vessel is obstructing the free
movement or safe anchorage of any other vessel he may order the offending vessel to
move to a designated location should space be available. If space is not available, the
Harbor Master may at his direction; order the vessel out of Town controlled waters.

If the offending vessel has no crew on board or if the master or person in charge neglects
or refuses to move such vessel as directed by the Harbor Master may take steps to remove
the offending vessel, in accordance with the provisions of Title 38, MRSA section 5. The
Town Representative shall release vessels so taken into custody to the owner only after
satisfactory proof of ownership has been presented.

4.4.2 Within Pembroke waters anchoring is permitted for those vessel(s) or watercraft
that:
A. Do not interfere with moored boats or moorings.
B. Do not impede the movement of other watercraft.
C. Do not interfere with or block or obstruct a channel, fairway, clear zone,
pier or wharf.
D. Are not left unattended in Pembroke for more than sixteen (16) hours.
E. Are not commercial fishing vessels
4.4.3 Transient anchoring is allowed in Pembroke during the period of June 1 through
September 30.

4.5 Correction Of An Unsafe Berthing

If any vessel shall be found in the judgment of the Harbor Master to be anchored or
moored in an unsafe or dangerous manner, or in such a manner as to create a hazard to
other vessels, persons, property, or facilities, the Harbor Master may order and direct
necessary measure to eliminate such unsafe or potentially dangerous conditions. Primary
responsibility for compliance with such orders and direction shall rest with the owner of

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the offending vessel or his authorized agent. In an emergency situation and in the absence
of the owner or other responsible individual, the Harbor Master may board said vessel
and cause the improper situation to be corrected, The owner of the offending vessel shall
be held responsible and liable for any costs incurred by the Town in effecting such
correction.

4.6 Unseaworthy Vessels

Except with the express written permission of the Harbor Master, no badly deteriorated or
unseaworthy vessel, which is likely to sink or to cause damage to docks, slips, moorings,
or other vessels, or to represent a hazard to navigation, shall be allowed to anchor,
operate or moor in Pembroke waters. Any vessel, boat, hulk or other watercraft either
swamped, sunk or in danger of being sunk that is left unattended in Town waters for
more than 48 hours shall be deemed abandoned and shall be dealt with as prescribed in
4.3.3 above.

4.7 Noise

Between the hours of dark to dawn, it shall constitute a nuisance to operate motors and/or
other appliances such as bilge pumps, television sets, stereos, radios, or electric tools in
an unreasonably loud manner so as to disturb neighboring vessels and/or their occupants.
Repeated notification by the Harbor Master that a vessel or person is in violation of this
ordinance will require the removal of the offending appliance or tool from the vessel and
at the discretion of the Harbor Master, the removal of the offending vessel from
Pembroke waters. Repeat offense will be considered in violation of this ordinance as
subject to the penalties specified in Section 8.

4.8 Shelling Of Shellfish

Shelling of shellfish in the Marina or on Town owned moorings is prohibited.

4.9 Fishing

Recreational hook and line fishing is allowed during daylight hours.

4.10 Water-Skiing Or Jet boarding

Water-skiing, jet boarding, or aqua boarding shall not be permitted in the no-wave area,
and around or near fish pens, floats, or moorings.

4.11 Dragging Restrictions

No dragging or commercial diving shall be allowed within areas defined on Harbor Plan
and maps for the Town.

4.12 Waste Disposal

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It is prohibited to dump garbage of other pollutants into town waters.

Article 5 – Wharves, Docks, Piers, Floats, And Ramps

5.1 Purpose

The purpose of this article is to set forth provision for the safe and orderly operation of
wharves, docks, piers, and floats in order to ensure safely to persons and property and
minimize conflicts between harbor users.

5.2 Removal Of Debris

Persons shall not deposit or leave rubbish, trash or debris on any wharves, docks, piers,
ramps and/or floats.

5.3 Snow Removal

Owners of vessels renting Town owned floats; finger piers or docks shall keep the same
clear of snow and ice in a timely manner.

5.4 Vessel Safety And Condition

Watercraft berthed at any Town owned marina, pier, or float should be maintained in a
safe, serviceable and presentable condition at all times.

5.5 Concessions And Permits

Concessions of all kinds, including water craft operated on a commercial basis, shall be
allowed at Town owned or privately owned moorings, wharves, docks, piers, marinas or
floats only with the express written approval of the Trustees and then only on the terms
deemed to be in the best interest of the Town and the operation of the harbor.

5.6 Boat Cradles And Trailers

All boat cradles and trailers shall be removed from public harbor areas and parking lots
when not in actual use. Boat trailers shall be removed from public harbor areas and
parking lots when not in actual use. Boat trailers shall not be left or cause to be left on
any Town owned ramp, wharf, dock, parking lot or pier or other Town facility without
the permission of the Harbor Master.

5.7 Signs

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Private signs are not permitted on any Town owned facility without permission of the
Trustees. For Sale notices may be displayed on the vessel and notices posted on the
harbor information board only.

5.8 Repair Work

Permission of the Harbor Master shall be required before long-term work begins for any
repair work on vessels at any Town owned wharves, docks, piers, marinas or floats.
Normal maintenance and minor repairs are permitted without consent of the Harbor
Master if the work can be completed within 24 hours.

5.9 Ramps And Landings

Grounding of boats on the landing is prohibited.

5.10 Blockage Of Ramps and Parking Areas

No person shall place or cause to place any object, boat for repair, trailer or vehicle in
such a way as to block free and safe access to the ramp, landing or parking area by others.

5.11 Condition Of Privately Owned Facilities

Any wharves, docks, piers, marinas or floats of other structure which is within Town
waters that has fallen into a state of disrepair or which remains in a dangerous condition
so as to interfere with the keeping open of convenient channels for the passage of vessels
in said harbor or waters or suitable portions of said wasters for anchorage, shall be
deemed a nuisance. The Harbor Master shall give the owner of said offending facility
written notice of the offense; the notice shall also order the owner to abate the nuisance
within a reasonable period of time, the termination of such time to be clearly stated in the
notice. In the event the Harbor Master is unable to give notice to the owner it shall be
given to the occupant.

If the said owner or occupant refuses or fails to comply with the terms of the notice,
he/she will be considered in violation with the ordinance. Each day the offending
condition continues shall be considered a new separate violation of the ordinance.

5.12 Storage Of Tackle And Equipment

Owners and operators of vessels berthed in Town waters shall not store in the open or
leave unattended any dragging or fishing gear including traps, ropes, buoys or
aquaculture gear; machinery, vessel equipment or tools on any Town owned wharves,
docks, piers, marinas or floats. Any such equipment left unattended for more than 48
hours shall be deemed abandoned. If possible, the Harbor Master will post the notice on
the vessel directing the owner to immediately contact the Harbor Master. Said notice will
also order the owner to remove the equipment within twenty four (24) hours. If the
owner fails to contact the Harbor Master, or remove the equipment within the

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aforementioned twenty four (24) hours, he/she will be considered in violation of the
ordinance. If the Harbor Master is unable to post notice or determine the owner, or has
not been contacted within the aforementioned twenty four (24) hours, the Harbor Master
shall immediately undertake removal or destruction of the offending equipment at the
cost of the owner.

Article 6 – Moorings
6.1 Purpose

The purpose of this article is to set forth the provisions for the safe and orderly
placement, use, type, fees, and administration of all mooring spaces within the tidal
waters of the Town of Pembroke and to ensure safety to persons and property of harbor
users.

6.2 Responsible Authority

The Harbor Masters shall have authority over all moorings and mooring locations,
whether privately owned or Town owned, in accordance with the provisions of this
ordinance, the laws of the State of Maine and applicable federal regulations.

6.3 Mooring Registration

A. Persons desiring to place moorings in Pembroke shall apply for mooring permits
and assignments with the Harbor Master. Each permit is valid for two (2) years
subject to the payment of an annual permit fee. Permits may be renewed.
B. The Harbor Master shall decide on the number of moorings available throughout
the tidal waters of Pembroke.
C. A mooring location will be determined according to availability of space, and size
of vessel and watercraft.
D. If space is not available, applicants will be assigned a place on a Mooring Waiting
List.

6.4 Procedure

A. On or before October 1st of each year, applications and/or reapplications for

mooring permits must be submitted to the Harbor Master.
B. On or before October 1st of each year, all applicable mooring fees (see Appendix
A) will be due from all mooring permit holders. Also due biennially will be proof
of the required mooring inspection (see Section 6.7). Any mooring assignee that
does not submit his/her application and pay the mooring fee, if applicable, by this
deadline may forfeit his/her mooring assignment, at the discretion of the Harbor
Master, and it may be reassigned to other applicants who are eligible and have
asked to receive a mooring location.

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 C. For those who have no mooring permit from the previous year, applications may
be obtained at the Town Office and all fees paid to the Town of Pembroke. This
does not guarantee mooring location.
D. All mooring holders will be given:
i. a written mooring permit signed by the Harbor Master,
ii. a mooring number, and
iii. a mooring location (this may mean moving a mooring).
E. For those seeking permits the Harbor Master will review the application(s) and
issue a decision in writing within 15 days to the applicant.
F. FEES - The Board of Selectmen, with the recommendation of the Harbor Board
of Trustees, shall set applicable mooring/Harbor fees. All mooring fees will be
deposited into the boat landing account for use in harbor related activities; all fees
are non-refundable.

6.5 Mooring Assignment

A. No mooring(s) will be permitted in Pembroke waters without approval of the

Harbor Master. Each year the Harbor Master shall assign the location for each
mooring and ensure the mooring location is in accordance with the Mooring Plan
as approved by the Harbor Board of Trustees. Each year the map of all moorings
will be updated to show permitted mooring locations.
i. The Harbor Master shall maintain a mooring plan using a mapping
grid system to stagger moorings according to a plan with consideration
for depths, type and size of vessels or watercraft, and channels.
ii. It is the intent of this ordinance to give priority as per state law(s)
under 38 M.R.S.A. to shore land owner(s) with 100 feet of frontage or
more and a lot of 20,000 square feet or more. Qualified owners who
apply will be permitted one (1) mooring if space is available, the
mooring fits into the mooring plan, and can be located immediately
adjacent to their frontage. Condominiums, townhouses, or any other
similar multiple ownership parcels of land are considered as one parcel
for purposes of allocating a mooring to riparian owners.
iii. It is furthermore the intent of this ordinance to give priority in the
assignment of non-resident mooring spaces to those non-resident
commercial operators or non-resident commercial fisherman who
contribute 5 or more jobs to residents of the Town of Pembroke in any
calendar year.
B. All moorings deemed unsafe by the Harbor Master, or not located in the correct
location, shall be moved by the mooring owner, at his/her own expense, in
accordance with the instructions of the Harbor Master.
i. In the event of the failure of the owner to comply with these
instructions, or the event that the owner cannot be located or
identified, the Harbor Master shall move or remove the improperly
located mooring and the cost shall be borne by the owner of the
relocated mooring.

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 ii. Before removing a mooring or buoy, the Harbor Master shall notify
the master or owner, allowing two (2) weeks for a response.
Notification will include the fact that the mooring will be removed and
a violation is to be assessed. If no response is received, the Harbor
Master may take the action provided for in this section.
iii. It is specifically prohibited for any vessel to use a navigation buoy for
the purposes of mooring their vessel.
C. A mooring owner with a permit valid during the previous year and, not using
his/her mooring, may request an extension of one year on that permit. After the
initial one-year extension, the Harbor Master may grant additional extensions
from year to year if there is no qualified party on the waiting list for this
description of mooring location or there are extenuating circumstances.
D. A permit holder no longer qualifying for, or desiring not to renew, his/her permit
shall so inform the Harbor Master. The Harbor Master shall then offer that
assigned location to the next qualified and suitable applicant on the waiting list.
Ground tackle placed at the assigned location may be offered for sale by the
current permit holder and, if bought by the new holder and qualifying for that
location, and if it is also of sufficient size and character, the mooring may be left
in place or moved to a different location as assigned by the Harbor Master.
Otherwise, its owner must remove all ground tackle.
E. The Harbor Master shall be promptly notified by the owner of the mooring of a
proposed change in the size of the vessel or watercraft to be registered to a
mooring. A change in size of the vessel or watercraft may require a change of
location and/or upgrading of the mooring.
F. The Harbor Master shall be promptly notified if a mooring is to be used for a
vessel or watercraft not registered to it. A vessel or watercraft not registered to a
specific mooring may not exceed the following time limits of use per season on
that mooring:
i. Thirty (30) days between April 2nd and November 30th
ii. Five (5) days between December 1st and April 1st

6.6 Change of Location

A. All moorings shall be subject to change in location, at the owner’s expense, when
it is deemed by the Harbor Master to be in the best interests of the town, the safety
of the harbor or waterway, or required to comply with the provisions of this
ordinance.
B. No person shall place, alter or shift a mooring or buoy of any type within the tidal
waters of the Town of Pembroke without written permission of the Harbor
Master.
C. Within one year of the date of adoption of the revised mooring ordinance, all
existing moorings shall be moved to one of the mooring locations depicted on the
Pembroke Town Landing Mooring Field and a mooring permit obtained
indicating the number and coordinates of the new mooring.

6.7 Mooring Inspections

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 A. The mooring holder shall inspect all moorings every two (2) years. Proof and a
summary of the inspection shall be submitted to the Harbor Master. Details of the
mooring assignment and inspection routines will be written by the Harbor Master.
B. Until a certified mooring inspector/business is available to the town of Pembroke
it will be the responsibility of the mooring holder to check, or have checked, and
certify in writing to the Office of the Harbor Master, that his/her mooring is in a
safe condition and suitably sized for its intended use.
C. Any changes to the mooring, including ownership, must be immediately reported
to the Harbor Master’s Office.
D. The Harbor Master may inspect or arrange for an inspection of any mooring at the
owner’s expense (including its appurtenances, gear and tackle) at any time.
E. More frequent inspections may be required depending on maritime conditions.

6.8 Abandonment

A. Abandonment of assignment - The Harbor Master shall deem abandoned any

mooring assignments substantially unused by the applicant for his/her vessel or
watercraft for a period of more than one year. Subsequent application for a
mooring number assignment by that person must be in accordance with the
procedure outlined for new applications, including placement in chronological
sequence on any applicable waiting list.
B. Abandonment of tackle - Any registered mooring holder who abandons or forfeits
a mooring space is responsible for removing and disposing of the tackle. Failure
of the formerly registered holder to remove such tackle shall constitute
abandonment thereof. Such tackle may be removed by the Harbor Master at the
expense of the formerly registered mooring holder.

6.9 Termination

All persons who had been assigned a mooring the entire previous year whose mooring
assignment is to be terminated by the Harbor Master for reasons of non-compliance with
the Harbor Management Ordinance or any other reason shall receive written notification
from the Harbor Master no later than March 1st. This notice shall state the fact of
termination, the reason for termination, and inform the applicant of his/her right to appeal
the decision of the Harbor Master to the Pembroke Board of Appeals. (See Article 8.)

6.10 Waiting List

A. When the number of applications exceeds the number of spaces available in any
town-designated mooring area the Harbor Master shall maintain a chronological
waiting list of all applicants who did not receive a mooring assignment in the
mooring area of their choice.
B. No person may be placed on the waiting list without first satisfactorily completing
an application form and payment of all applicable fees.

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 C. All persons wishing to remain on the waiting list must annually re-instate their
application and pay a waiting list renewal fee.
D. A person desiring a place on the waiting list may apply at any time by making out
a mooring application form, paying the fee (to be paid each year) and filing it with
the Harbor Master. These lists will be in a chronological order according to the
ten (10) priorities listed below with a completed application form and filed with
the Harbor Master.

i. Resident Riparian owner

ii. Non Resident riparian owner
iii. Resident Commercial Fisherman
iv. Resident/Recreational
v. Non resident Commercial Fisherman
vi. Non resident Recreational
vii. Resident Subsequent
viii. Non Resident Subsequent
E. If less than 10% of the currently assigned moorings are held by non-residents
using the moorings for noncommercial purposes, or if less than 10 percent of the
currently assigned moorings are held by non-residents using the mooring for
commercial purposes, the next available mooring shall be assigned to the first
applicant on the waiting list meeting that description. If both user categories, non-
resident/noncommercial and no-resident/commercial, are allocated less to than 10
percent of the moorings, the next available mooring shall be assigned to the first
person on the waiting list in the category with fewer moorings. This subsection
shall govern mooring assignments until each user category described in this
subsection has 10 percent of the allocated moorings. If there is no applicant on the
waiting list within the categories described in this subsection, the next available
mooring shall be assigned according to the priorities described in the waiting list.
F. Spaces will be assigned to those applications on the waiting list according to
vessels or watercraft meeting the criteria for the space available.
G. Those individuals not accepting an offered mooring assignment will be moved to
the bottom of the chronological list within each priority group of the waiting list.
H. An applicant’s name may appear only once on the waiting list. Multiple
applications under a single name or household shall be subject to review by the
Harbor Master and the Harbor Management Committee.
I. A copy of these waiting lists shall be posted in the Town Office and shall be
provided to the Harbor Board of Trustees and made available to the public.

6.11 Subsequent Moorings (Additional Moorings)

Applications concerning second or subsequent moorings of any type held by one person,
entity or household shall be processed by the Harbor Master, who shall consider each
application and limit moorings to the number of vessels or watercraft owned and
registered to the owner’s name. The owner must show a need and if approved must show
use. No mooring will be allowed without a bonafide registered/permitted vessel or
watercraft. Tender moorings are not considered subsequent.

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6.12 Transfer of Permits
A. A mooring assignment may be transferred only
i. at the request or death of the assignee,
ii. to an assignee’s family member, only when that family member is a
resident of the Town, and
iii. if the mooring assignment will be used for commercial fishing purposes.
B. Nothing in this Ordinance conveys any property rights in a mooring assignment in
the Town of Pembroke.
C. If unassigned, the mooring reverts to the Town and shall be assigned to the next
eligible applicant.

6.13 Town Owned Moorings

Two town-owned moorings will be located within the mooring field in the Pennamaquan
River Mooring Field. The time of placement and location of these moorings will be
contingent upon ice and weather conditions.

6.14 Applicable State and Federal Permits

Any and all state and federal permits required are the responsibility of the applicant and
copies must be kept on file at the Town Office.

6.15 Channel(s)/Fairway(s) and Clear Zones

No anchored or moored boats, floats or floating obstructions can swing within one
hundred (100’) feet of piers/wharves or attached floats.

6.16 Unauthorized Mooring Use Liability

If a mooring is used by an unauthorized vessel or watercraft that causes damage to that

vessel or watercraft or to the mooring or to another vessel or watercraft as a result of such
unauthorized use, the mooring owner shall not be liable. In addition, the owner of the
unauthorized vessel will be responsible for making any and all repairs to the damaged
mooring and/or to any vessels damaged as a result of his/her unauthorized use of the
mooring.

6.17 Mooring Rental

Private moorings may not by rented without prior written approval of the Harbor Master
and the Corps of Engineers.

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 Article 7 – Regulations
7.1 Purpose

Each of the areas, within the Town waters, is unique and requires individual treatment for
its most efficient and satisfactory operation. Accordingly, within the intent and scope of
this ordinance, rules and regulations may be promulgated, as hereinafter set forth, by the
Harbor Master or Deputy Harbor Master upon the approval by the Trustees.

7.2 Procedures For Regulations

The Harbor Master or Deputy Harbor Master, in consultation with the Trustees, shall
promulgate rules and regulations governing the use of docks, piers, slips, floats, moorings
and marine activity within the waters of the Town.

7.3 Violations

Violations of the harbor regulations shall be considered a violation of this ordinance and
carry such penalty as may be provided for therein.

7.4 Display of Regulations

Harbor rules and regulations shall be displayed in an appropriate location readily visible
to the public.

Article 8 – Legal Status Provisions

8.1.1 Enforcement

It shall be the duty of the Harbor Master or his designees to enforce the provisions of this
ordinance. If the Harbor Master of his designees shall find that any provisions of this
ordinance, or any rule or regulation promulgated pursuant to its authority, is being
violated, he shall notify the person responsible for such violation, either verbally or in
writing, indicating the nature of the violation and ordering the necessary action to correct
it. A copy of written notices shall be maintained as a permanent record. Upon notice of
the Harbor Master, the owner of any unlawfully placed mooring shall have 10 days to
remove the mooring. Failure to remove the mooring shall result in the mooring being
pulled at the owner’s expense.

8.1.2 Prosecution

Violation of this ordinance shall be punished and prosecuted pursuant to Title 30-A
MRSA, Section 4452, as amended. The minimum penalty for a specific violation is $100
and may be assessed on a per-day basis for as long as the violation persists, and the
maximum penalty is $2,500.

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8.2 Appeals

8.2.1 Any and all persons aggrieved directly or indirectly by a decision, order, rule, act,
or the failure to act of the Harbor Master may appeal said decision, order, rule, act, or
failure to act. Such appeal must be writing directed to the Trustees and filed within 10
days of said decision, order, rule, act, or failure to act. The appeal must sate with
specificity the decision, order, rule, act, or failure to act and state the reasons for appeal.
The Trustees, upon hearing the appeal, shall affirm unless the decision, order, rule, act or
failure to act is not supported by the facts or is clearly contrary to the intent and specific
provisions of this ordinance.

8.2.2 An appeal from the decision of the Trustees may be taken by the aggrieved party or
parties to Superior Court.

8.3 Separability

Should any section or part of a section or any provision of this ordinance be declared by
the courts to be unconstitutional or invalid, such declaration shall not affect the validity
of this ordinance as a whole or any part thereof other than the part so declared to be
unconstitutional or invalid.

8.4 Conflict With Other Laws

This ordinance is subordinate to all Federal or State statues that deal with the same
subjects. Whenever a provision of this ordinance conflicts with or is inconsistent with
another provision of this ordinance or of any other ordinance, regulation, or stature, the
provision imposing the greater restriction shall control.

8.5 Repeal Of Prior Ordinances

8.6 Amendment

The Selectmen who act as the legislative body for the Town shall adopt any amendment
to this ordinance.

8.7 Effective Date

This ordinance shall become effective upon adoption by the Town, and shall remain in
effect until amended or repealed.

Article 9 – Definitions
9.1 Construction of Language

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In the interpretation and enforcement of this ordinance all words other than those
specifically defined in the ordinance shall have the meaning implied by their context in
the ordinance or their ordinarily accepted meaning. In the case of any difference of
meaning or implication between the text of this ordinance and any map, illustration or
table, the text shall control.

9.2 Definitions

In this ordinance the following terms shall have the following meanings:

1. Anchorage- An area of the harbor set aside for permanent moorings or for the
temporary anchoring of boats and vessels.
2. Aquaculture – Commercial or scientific marine farming for finfish, shellfish,
other marine life and/or plants, using pens, nets, floats, stakes and/or other
equipment.
3. Auxiliary- A vessel having sails and either an inboard or outboard motor and
which may be propelled by its sails or by its motor, or both.
4. Berth- A place where a boat lies when at anchor or at a wharf
5. Boat- A vessel having sails and either an inboard or outboard motor and which
may be propelled by its sails or by its motor, or both.
6. Breakwater- A permanent solid structure or floating system of wave attenuators or
combinations thereof extending from the shoreline into the waters for the
principal purposes of breaking and reducing the force of waves.
7. Bulkhead – A permanent solid structure or wall built along the shore to retain and
protect the upland from wave action and sea erosion.
8. Channel – Areas of the harbor kept open for navigation or other purposes by rule
or regulation of the Unorganized Territories of Washington County, the
Department of the Army, Corps of Engineers, or other regulatory or Legislative
body.
9. Commercial Vessel- Any vessel used or engaged for any type of commercial
venture, including but not limited to fishing or the carrying of cargo and/or
passengers for hire, push-boats tugs and barges.
10. Dock- The slip or waterway extending between two piers, a projecting wharf or a
cut into the land intended for the reception of vessels.
11. Float- A floating structure which is anchored, moored or secured at or near the
shore, used for landing, transfer of passengers or goods, or other purposes.
12. Harbor- An area or areas as defined in Article II.
13. Harbor Master- An official nominated by the Trustees, appointed by the County
Commissioners and employed by the Unorganized Territories of Washington
County to enforce the provisions of the ordinance and certain duties and
responsibilities as prescribed by Title 38, MRSA, and other applicable state laws.
14. Landing- A place for landing or discharging persons or things from a vessel.
15. Marina- A dock or basin providing dockage for small vessels.
16. Mooring- An appliance used by a vessel for anchoring purposes, providing a
permanent, adequate means of securing a vessel to the bottom in an anchorage,

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 and which cannot be carried aboard such vessel, when such vessel is underway, as
regular equipment; and which specifically exclude navigation buoys.
17. Non-resident – Any person who does not occupy a dwelling within the Town of
Pembroke for more than 180 days in a calendar year.
18. Non-resident commercial operator - A business or corporation owned by a non-
resident of the Town of Pembroke, not located in the Town of Pembroke in
business for the purpose of sales, storage, or maintenance of boat; services to
boatyards or marinas or the general public; buying, trading, selling or offering for
sale a tangible marine commodity.
19. Pier- A platform type structure contiguous with the shoreline and built there from
over the water, supported by wooden, concrete or stone piles and used for the
berthing, loading and unloading of vessels.
20. Resident- Any person who occupies a dwelling within the Town of Pembroke for
more then 180 days in a calendar year.
21. Resident commercial operator – A business or corporation owned by a resident of
the Town of Pembroke and located in the Town of Pembroke in business for the
purpose of sales, storage, or maintenance of boat; services to boatyards or marinas
or the general public; buying, trading, selling or offering for sale a tangible
marine commodity.
22. Seaworthy Vessel- A vessel in a fit state for travel or movement without
extraordinary efforts or assistance provided to affect such travel or movement.
23. Stray Vessel- An abandoned vessel, a vessel the owner of which is unknown, or a
vessel underway without a competent person in command.
24. To Anchor- To secure a vessel to the bottom within a designated harbor area by
dropping an anchor or anchors or other ground tackle.
25. Vessel- Vessel shall include boats of all sizes propelled by machinery or hand,
scows, dredges, shellfish cars, and craft of any kind.
26. Wharf- A structure of timber, masonry, cement, earth or other material, built on
the shore of a harbor or the like, especially one extending parallel to the shoreline,
so that vessels may lie close alongside to receive and discharge passengers and
cargo.
27. Commercial Fisherman- An individual whose primary trade or occupation is
fishing.
28. Dinghy- A dinghy shall mean any powered (with less than 20hp) or unpowered
punt, skiff, tender or the like less than fourteen feet in length.

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Appendix A – Schedule of Fees

Residents of the Town of Pembroke: $25/mooring/year

Non-Residents of the Town of Pembroke: $50/mooring/year

Appendix B – Maps

Pembroke Boat Landing Mooring Field Map – regional view

Pembroke Boat Landing Mooring Field Map – detailed view

See attached.

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The Town of Pembroke
Board of Selectmen:

, Chairman Date

, Selectman Date

, Selectman Date

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