ARTICLE I. IN GENERAL
7-1 Definitions.
Burlington Harbor or Harbor as used herein shall mean all of the waters of Lake Champlain within the boundaries of the city as fixed by the city charter and all wharves, docks and piers adjacent thereto.
Vessel as used in this chapter shall include any kind of boat, tug, raft or other form of watercraft regardless of means of propulsion.
(Rev. Ords. 1962, § 2401)
7-2 Chapter and regulations subject to federal jurisdiction.
All provisions of this chapter and all rules and regulations promulgated by the board of harbor commissioners shall be subject to the authority and jurisdiction of the United States and shall not be in conflict therewith.
(Rev. Ords. 1962, § 2403; Ord. of 6-24-91)
7-3 Wharves, docks and slips to be kept in good repair.
Every owner, lessee or person in possession and control of any wharf, dock, slip or other premises abutting on or extending into the harbor shall at all times keep the same in good and safe condition.
(Rev. Ords. 1962, § 207)
7-4 Permit required for repair or alteration of structures.
No person shall repair, alter or construct any dock or other structure within the harbor until he first secures a proper permit for the same from the harbor master.
(Rev. Ords. 1962, § 2407)
Cross reference—Buildings and building construction, Ch. 8.
7-5 Sunken, derelict or abandoned vessels.
No person shall place or cause to be placed in any part of the harbor any sunken vessel, derelict or other craft or abandon the same in the harbor and permit the same to remain therein.
(Rev. Ords. 1962, § 2409)
7-6 Removal of vessels obstructing navigation or use of harbor.
If the harbor master finds that any vessel obstructs the free movement, safe navigation or anchorage of other vessels in any part of the harbor, he shall order the removal of said vessel forthwith. If the owner or person in charge of any such vessel, after receiving such order to remove the same, neglects or refuses to move the vessel in accordance with such order, the harbor master may remove such vessel at the cost and risk of the owner.
(Rev. Ords. 1962, §§ 2406, 2409)
7-7 Filling submerged land prohibited; exception.
No person shall dump earth or erect or fill any structure of any kind on the submerged land of the harbor without first obtaining a permit therefor from the harbor master. Such permit shall not be granted if the proposed fill or construction is in conflict with any plan of harbor development adopted by the city or is detrimental to the interests of navigation and commerce.
(Rev. Ords. 1962, § 2408)
7-8 Depositing ashes or other floating matter in water prohibited.
No person shall cast or deposit in the harbor any ashes, filth or other undesirable floating matter, or otherwise create therein any nuisance or any obstacle to the proper use, development and appearance of the harbor.
(Rev. Ords. 1962, § 2408)
7-9 Discharge of noxious substances prohibited; inspections authorized; violations declared nuisance.
(a) No person shall throw, deposit or discharge, or cause, suffer, or procure to be thrown, deposited, or discharged from any vessel, or from the shore, or any wharf, dock, or slip, or from any manufacturing establishment or storage facility, or from any pipeline, or receiving platform used in connection with such storage facility, any noxious or deleterious substance which is likely to create a nuisance, or renders such waters harmful to animal, plant or aquatic life, or to use for domestic, commercial or industrial purposes or for recreation into the waters of Burlington Harbor, or into any tributary within the city from which the same shall be liable to run or be washed into Burlington Harbor. The harbor superintendent shall make regular and periodic inspections to ascertain whether there is compliance with this provision. Nothing herein contained is meant to conflict in any manner with the jurisdiction of the federal government of navigable waters.
(b) Violation of subsection (a) shall constitute a public nuisance and each violation shall be a separate and distinct offense, and in the case of a continuing violation each day’s continuance thereof shall be deemed a separate and distinct offense.
(Ord. of 5-11-70)
Cross reference—Emission of smoke or cinders into air prohibited, § 21-17; depositing substances in reservoir prohibited, § 21-18.
7-10 Discharge of oil into harbor prohibited; preventive steps to be taken; appeals.
(a) It shall be unlawful for any owner or operator of an oil terminal, wharf or dolphin to discharge or permit the discharge of oil into any pipeline, dolphin or other receptacle unless such owner has available and employs a plastic or wooden boom which is capable of and does encircle any ship or vessel discharging oil into a receptacle. If the receptacle is a loading platform or dolphin located off the shoreline in the harbor, such plastic or wooden boom shall encircle such loading platform or dolphin as well as the transporting vessel. Such plastic or wooden boom employed must be designed to prevent seepage, overflow or excess oil from being discharged into the waters of the harbor. Such owner or operator shall remove any oil held within such boom prior to the vessel leaving the same.
(b) The requirements prescribed in subsection (a) shall apply only to such owner or operator of an oil terminal who, because of any spillage, overflow or seepage of oil into the harbor from his oil terminal or receiving receptacle is notified in writing by the harbor master that the requirements of this section shall apply to him.
(c) Any person aggrieved by action of the harbor master under this section may file an appeal to the board of aldermen within two (2) weeks of the date such notice is sent by the harbor master. The board of aldermen shall consider such appeal at its next regular meeting and shall either affirm or overrule the notice of such harbor master within thirty (30) days from the date of such appeal. Should the board of aldermen fail to affirm or overrule the harbor master’s notice within such thirty-day period the appeal shall be deemed meritorious and the harbor master’s notice considered overruled.
(d) Any owner or operator of an oil terminal, wharf or dolphin, whether or not subject to the above requirements as to booms, shall notify the harbor master, at least twelve (12) hours in advance of any delivery of oil covered by this section, of the location and approximate time of delivery.
(e) The violation of this section shall be deemed a public nuisance and the city attorney is authorized to bring an action to enjoin any actual or threatened violation thereof.
(Ord. of 8-23-71)
Cross reference—Emission of smoke or cinders into air prohibited, § 21-17; placing substances into reservoir prohibited, § 21-18.
7-11 Penalty.
Any person who violates any provision of this chapter, or obstructs, hinders or restricts the harbor master in the discharge of his duties, or refuses or neglects to comply with any order of the harbor master given and directed orally or in writing or violates any rule or regulation duly made and adopted by the harbor commissioners and governing the use and control of the harbor and of any wharf, dock, pier or slip abutting thereon or extending into the same shall be punished as provided by section 1-9.
(Rev. Ords. 1962, § 2413; Ord. of 5-11-70)