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CAPE PORPOISE PIER ORDINANCE
1. Preamble: The Inhabitants of Kennebunkport having determined that the operation of a fish pier and public landing is a public purpose and having determined that such a facility is needed in Cape Porpoise Harbor for the convenience and economic well-being of the Inhabitants of the Town of Kennebunkport, enact this ordinance to be known as the “Cape Porpoise Fish Pier Ordinance”.
2. Definitions:
a. Cape Porpoise Pier: “Cape Porpoise Pier” means the existing pier on Bickford’s Island in Cape Porpoise and the related real estate, fixtures, personal property, easements and other rights belonging to the Town of Kennebunkport and any replacement, improvement, extension or modification of said premises and facilities made hereafter.
b. Town: “Town” means the Town of Kennebunkport organized and existing as a municipal corporation under the laws of the State of Maine.
3. Purposes: The Cape Porpoise Pier shall be managed by the municipal officers of the Town, or their designee, primarily as a public fish pier for the berthing, servicing, loading, offloading, repair and other needs of commercial fishing vessels. To the extent compatible with its primary use as a public fish pier, and to the extent permitted by agreements between the Town and the State of Maine, the pier shall also be available for use by other vessels, by residents of the Town, and by members of the general public.
4. Fee structure: After notice and public hearing, the municipal officers shall establish a reasonable schedule of fees for the use of the Cape Porpoise Pier, its related facilities, and for services provided at the pier. In establishing the schedule of fees, the municipal officers shall consider the value of the services provided, the costs to the Town for administration, maintenance, salaries, equipment, debt service and repairs to the pier, the expenses incurred by the Town
for piers, docks and harbors and the amounts collected by the Town in personal property taxes on boats. Copies of the schedule of fees as established by the municipal officers shall be available at the municipal office during normal business hours and shall be posted in the vicinity of the Cape Porpoise Pier.
5. Regulations: After notice and public hearing the municipal officers are authorized to adopt regulations governing the rules of operation of the Cape Porpoise Pier which rules shall be designed to ensure its primary use as a fish pier, to prevent obstruction, overcrowding and unnecessary delays, to prevent personal injury or damage to vessels or property, to maintain safe and healthful conditions, to prevent vandalism and theft of property, to establish reasonable limits on the hours of operation, to prevent disturbance of the peace, to ensure that fees established are collected, and to govern such other matters
as may be necessary or useful to the management and operation of the pier.
6. Authority to contract: The municipal officers are authorized to contract on such terms and conditions as are in the best interest of the Town with private persons or corporation for the provision of services to fishermen, vessels, residents of the Town and members of the public using the Cape Porpoise Pier and to contract for the operation of food take-out, ship store, retail and wholesale, lobster pounds and other incidental businesses on the Cape Porpoise Pier facilities. Prior to entering into any such contract, the municipal officers shall vie notice of their intention to enter into such a contract and shall afford interested persons a
reasonable opportunity to submit proposals for consideration.
7. Cape Porpoise Pier Account: All fees, rents leasehold payments of other sums collected by the Town in connection with the operation of the Cape Porpoise Pier shall be kept in a separate account to be known as the Cape Porpoise Pier Account. The funds in said account shall be used by the municipal officers to supplement any other sums appropriated by the Town for the costs association with the Caper Porpoise Pier, including without limitation, expenses for administration, salaries, debt service, maintenance, equipment and repairs. Funds remaining in the Cape Porpoise Pier Account at the end of the fiscal year shall not lapse and such
funds shall not be transferred to other accounts unless by vote of the Town at a regular or special town meeting.
8. Authority to Retain Pier Manager: The municipal officers are authorized to contract with or employ a Pier Manager and such other personnel as may be necessary to the operation of the Cape Porpoise Pier on such terms and conditions as are in the best interest of the Town. The municipal officers may delegate to the Pier Manager responsibility for the management and operation of the Cape Porpoise Pier under the general direction and supervision of the municipal officers, provided that the municipal officers shall not delegate the authority to establish fees under S4, to adopt regulations under S5 or to enter into contracts under S6 of this
ordinance.
9. Penalties: Whoever violates the provisions of this ordinance or any regulation or rule established under this ordinance shall be punished by a fine of not more that $100 for each such occurrence. If any violation continues for a period longer than 24 hours, each day that it continues shall be deemed a separate violation subject to the penalty herein provided. The right of any person to sue the Cape Porpoise Fish Pier may be suspended by the municipal officers, after reasonable notice and hearing, for failure to pay any fees due or for violation of regulations adopted pursuant to this ordinance.
10. Notice: The notice requirements under SS4, 5 and 6 of this ordinance shall be met by positing in three public places within the Town and by publication in a newspaper of general circulation at least seven days prior to the hearing.
Adopted – April 14, 1982 at a Special Town Meeting
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