(A) Applicability. The provisions of this chapter and any rules and regulations adopted pursuant thereto shall be applicable, and shall govern the use of the harbor management lands, waters and facilities under the jurisdiction of the Town Harbor Management Commission. This chapter shall be subordinate to all existing federal and state statutes and regulations affecting the town harbor management area, and is not intended to preempt any other valid laws.
(B) Invalidity of provisions. Should any provision or provisions of this chapter be held invalid or inoperative, the remainder shall continue in full force and effect.
(C) Authorities and enforcement.
(1)
The Town Harbor Master or his or her designee, under the direction of the Town Harbor Management Commission, shall have the authority to carry out harbor management directives and enforce all provisions of the harbor management plan, including this chapter to the extent provided by and consistent with all other applicable laws, regulations and ordinances, including the Connecticut General Statutes.
(2) The Harbor Master or his or her designee may cite any alleged violators of this chapter. Any police officer or constable of the town shall have authority to enforce the provisions of this chapter and shall work cooperatively with the Harbor Master to achieve effective enforcement of any orders by the Harbor Master pursuant to the Connecticut General Statutes, including but not limited to orders concerning the stationing of any vessel in the harbor management area.
(D) Harbor Management Account.
(1) As authorized by the Connecticut General Statutes, a Harbor Management Account is hereby created in the town’s General Fund to receive and expend monies for harbor management purposes determined by the Harbor Management Commission. All revenues generated by the following shall be deposited into this account:
(a) Mooring permits;
(b) Fines levied under the provisions of this chapter as it applies to the harbor management area; and
(c) Fees generated by designation of oyster, clam and shellfish beds pursuant to Conn. Gen. Stat. §§ 26-240 et seq.
(2) Other funds generated or allocated specifically for harbor management shall also be deposited in this account. Funds shall be disbursed for purposes directly associated with the management of the town’s harbor management area and implementation of the town harbor management plan. Monies from this account may be allocated to the Harbor Master or his or her designee for the purpose of carrying out the provisions of the town harbor management plan and/or this chapter.
(E) Compensation of harbor personnel. The Harbor Master, Deputy Harbor Master and administrative personnel may receive compensation to be determined by the Harbor Management Commission. Additionally, monies from the Harbor Management Account may be used to reimburse the Harbor Master, Deputy Harbor Master and administrative personnel for necessary expenses incurred in the performance of their duties. Monies from this account may also be used to compensate contractors hired to perform work as may be deemed necessary by the Harbor Management Commission or the Harbor Master.
(F) Coordination with other governmental laws and regulations. Nothing hereon contained shall bar or prevent the Harbor Master or Deputy Harbor Master from performing those duties which have been assigned to them under the General Statutes of the state.
(Ord. passed 5-4-1994; Ord. passed 9-4-2019)
Editor’s note:
TM Volume 20, page 144