Ordinances & Maps

• Land Use Ordinance

• Harbor Ordinance

• Shellfish Conservation Ordinance

• Dog Control Ordinance

• Building Permit Application — Pages 1-5, Pages 6-13

• Moratorium Ordinance

Harbor Ordinance

Title:  The title of this ordinance shall be the Cutler Harbor Ordinance.

Authority:  Authority for this ordinance is provided under 38 M.R.S.A. Section 7.

Purpose:  The purpose of this ordinance is to regulate marine activities within the tidal waters of Cutler; to ensure vessel and maritime property safety; promote availability and use of valuable public resources; and to create a fair and efficient framework for the administration of these waters.

Effective Date:  The effective date of this ordinance shall be upon its adoption by the registered voters of the Town at a duly called Town Meeting.

Repeal of Previous Regulations:  This ordinance repeals and replaces any other ordinances, rules or regulations inconsistent herewith.

Validity and Severability:  Should any section or provision of this ordinance be declared by the courts to be invalid, such decision shall not invalidate any other section of the ordinance.

SECTION 1
MOORINGS AND ANCHORAGE AREAS

The following mooring and anchorage areas are established and designated as areas A, B, C, D, E and F.

Area A:  This area shall be as shown on the official Harbor Plan.
Area B:  This area shall be as shown on the official Harbor Plan.
Area C:  This area shall be as shown on the official Harbor Plan.
Area D:  This area shall be as shown on the official Harbor Plan.
Area E:  This area shall be as shown on the official Harbor Plan.
Area F:  All other tidal waters outside of designated areas A, B, C, D and E as shown on the official Harbor Plan.

All mooring area boundary lines are established at mean low water.  Mooring areas as described above are shown on the official Harbor Plan, which is a part of this ordinance.

Vessel Moorings:  Vessel moorings may be located in mooring areas A, B, C, D and F upon the approval of the Harbor Master. The mooring of anything other than a vessel on a vessel mooring is prohibited.

Anchorage Area:  There shall be no anchoring of vessels in Areas A, B, C and D as shown on the official Harbor Plan.  Anchorage is permitted in Areas E and F as shown on the official Harbor Plan on a seasonal basis for no more than three (3) consecutive days and at the vessel operator’s discretion.  The Harbor Master may order any vessel to change position when, in the Harbor Master’s sole and exclusive judgment, an anchored vessel obstructs the free movement or safe anchorage of that vessel, impedes navigation in the area or endangers other vessels.

Lobster Car/Float Moorings:  No lobster cars, free floating docks or floats shall be permanently moored in mooring area A or B.  Lobster cars may be temporarily moored in area A or B only upon prior approval of the Harbor Master. The mooring of anything other than a lobster car, dock, float or other structure approved by the Harbor Master on a lobster car/float mooring is prohibited. The mooring of a vessel on a lobster car/float mooring is prohibited. 

SECTION 2
MOORING SPECIFICATIONS

All moorings shall be approved by the Harbor Master.

All moorings shall consist of a granite block, stone or concrete anchor of sufficient weight to hold the vessel for which they are to be used.  Hand-mixed concrete blocks, old engine blocks and other miscellaneous weighted objects are not acceptable as mooring anchors.  Boat and/or mooring owners may be liable for any damage caused by faulty, inadequate, or improperly placed moorings.   

All moorings shall be numbered as assigned by the Harbor Master. The numbers shall be of adequate size to read easily. They shall be placed on a floatable and visible trawl balloon or mooring buoy attached to the mooring anchor. As of November 28, 2005, metal balls shall not be used as trawl balloons; provided, however, that any metal balls lawfully existing as of November 28, 2005 may continue to be used as trawl balloons but only until such time as the trawl balloons need replacement or substantial repair, at which time they shall be replaced by non-metallic trawl balloon or mooring buoys.

All moorings shall have a steel staple no less than 1 1/4" diameter attached to mooring anchor.

Mooring chain shall be no less than 1/2" in diameter. Chain shall be of sufficient length to extend from mooring anchor on the bottom to the trawl balloon or mooring buoy at the water surface, and in such a way that trawl balloon or mooring buoy shall be floating at the surface at all heights of tide, with no more than 4’ of excess length of chain. No shackles shall be used to connect the mooring chain to the mooring staple.

Mooring pennant length shall be based on the length of the vessel as follows:

Vessel Length Maximum Pennant Length

Up to 34’ Up to length of vessel
35’ – 42’ Length of vessel less 10%
Over 42’ Length of vessel less 20%

Pole moorings:  Pole moorings are not permitted.

SECTION 3:
HARBOR ADMINISTRATION

A.  Administering Bodies and Agents

Harbor Committee:  The Board of Selectmen shall annually appoint a Harbor Committee consisting of residents, none of whom shall be a Harbor Master.  The Harbor Committee shall consist of seven (7) voting members.  The Harbor Committee shall meet on a monthly basis or as otherwise required to monitor the custody and management of Town-owned waterfront facilities, to annually set the compensation of the Harbor Master, to oversee and plan the general operation of the harbors and tidal waters of the Town, to advise the Harbor Master in the implementation of the provisions of this ordinance, to annually submit a budget request to the Board of Selectmen and to administer the budget as approved, to make recommendations to the Board of Selectmen for the enhancement of harbor facilities for the long range benefit of users and the Town, to make recommendations to the Board of Selectmen for the revision and updating of this ordinance, and to advise the Board of Selectmen on harbor related issues.  Should any Harbor Committee voting member’s position become vacant, a replacement shall be appointed by the Board of Selectmen to serve out the remainder of the term of the member being replaced.

Harbor Master:  There shall be three (3) Harbor Masters (collectively “the Harbor Master”) appointed annually by the Board of Selectmen.  Certain duties and responsibilities of this office are prescribed by 38 M.R.S.A. § 1 et seq., as may be amended from time to time.  The Harbor Master has the additional duty to administer and enforce the provisions of this ordinance with the authority granted by law and through his/her appointment as Harbor Master.  Pursuant to 38 M.R.S.A. § 1-A(1), all newly appointed or newly re-appointed Harbor Masters shall complete a basic harbor masters training course by attending the next available annual training program offered by the Maine Harbormasters Association, unless that person has previously completed such a course.  All incumbent Harbor Masters shall attend the training program once every five (5) years for continuing education and training.  The Town may, pursuant to 38 M.R.S.A. § 1-A(2), reimburse the Harbor Masters for the costs of attending the training programs as required under this provision.

B.  Mooring Administration

Any mooring shall require an approved mooring permit from the Harbor Master before such mooring can be set.  Mooring permit application forms shall be available at the Town Office.  It shall be unlawful to establish or maintain an unpermitted mooring.

Initial Application:  With an initial mooring application, an applicant may indicate a range of vessel size, provided that when s/he receives a space assignment, s/he must utilize it for a vessel of the size and type indicated on the mooring permit by the beginning of the second season after receipt of the mooring space assignment, and in no case shall ever utilize it for a vessel of greater length and draft than approved for the mooring space assignment without prior written approval from the Harbor Master.

Renewal:  Mooring permits shall be renewed annually.  Permits shall be declared by April 1st of each year and shall be valid from April 1st of the year of issuance until March 31st of the following year.  If any mooring in the harbor is unpermitted after April 1st, the Town Clerk shall notify the owner and request that the mooring

permit holder reapply for a mooring permit within fifteen (15) days of the date of the notice.  Failure to comply with the annual renewal procedure for any reason, including, but not limited to non-deliverability of the Town Clerk’s notice, shall constitute an abandonment of the mooring assignment, and the Harbor Master may remove the mooring at the expense of the mooring owner plus a fee of $100 to be paid to the Town.

Fees:  A non-refundable $10 annual application fee will be charged for all mooring permit applications.  The application fee is due at the time of permit application.  The annual permit fee for residents is $10; the application fee shall serve as the permit fee for residents if a resident mooring permit is granted.  The annual permit fee for non-residents is $50; the application fee shall be credited toward the permit fee for non-residents if a non-resident mooring permit is granted.  The non-resident permit fee is due at the time of issuance of the permit.

Mooring Maintenance and Inspection:  Mooring chains shall be replaced in accordance with the following schedule, based on chain diameter:  ½ inch chain, every 3 years; 5/8 inch chain, every 5 years; and ¾ inch chain or larger, every 7 years.  It shall be the responsibility of the mooring owner to report chain replacement to the Town Office so that records may be updated.

It shall be the responsibility of the mooring owner to have his/her mooring staple visually inspected at the same time as the mooring chain is replaced.  Inspections shall be done by a diver approved by the Harbor Master or by hauling the mooring for visual inspection by the Harbor Master.  The diameter shall be determined using a mooring staple caliber gage provided by the Harbor Master.   Upon inspection, the condition of the staple shall be reported to the Harbor Master and kept on file at the Town Office.  If any mooring staple is determined to be less than 1¼ inch in diameter, it shall be replaced by the mooring owner prior to the continued use of the mooring.  

Prohibition on Transfer of Mooring Assignment:  The sale, lease, rental, transfer or assignment of a mooring assignment is prohibited in all mooring areas in Cutler unless it is a transfer of a mooring assignment used for commercial fishing purposes.  A mooring assignment used for commercial fishing purposes may only be transferred as follows:  (i) at the request or death of the assignee; (ii) to a member of the assignee’s family; and (iii) if the mooring assignment will continue to be used for commercial fishing purposes.  For the purposes of this section, “member of the assignee’s family” means an assignee’s parent, child or sibling, by birth or by adoption, including a relation of the half blood, or an assignee’s spouse.  The Harbor Master shall be notified of transfers for commercial fishing purposes within thirty (30) days of the transfer.   The use of a mooring assignment by anyone other than the mooring permit holder is prohibited in all mooring areas in Cutler except as provided herein for “Temporary Mooring Permits.”

Temporary Mooring Permits:  When, in the sole discretion of the Harbor Master, it is determined that extenuating circumstances exist so as to necessitate the temporary use of another’s mooring assignment, permission may be granted by the Harbor Master for the use of another’s mooring assignment temporarily, for a period not to exceed two (2) weeks, provided that a temporary mooring permit is first obtained from the Harbor Master.  A mooring permit holder shall not charge another for any temporary use of that mooring allowed under this ordinance.  A temporary mooring permit shall not be issued more than two (2) consecutive times for the same vessel and/or lobster car/float and shall not be issued to any person, vessel or lobster car/float more than two (2) times in one year, with the one year time period measured from April 1st of the year of issuance to March 31st of the following year.  The application fee shall serve as the permit fee if a temporary mooring permit is granted.  Temporary mooring permit application forms shall be available at the Town Office.  Temporary mooring permits shall not be counted for purposes of the allocation system set forth in 38 M.R.S.A. § 7-A, as may be amended from time to time.

Law Enforcement Mooring Permits:  A mooring permit may be issued to any federal, State or local law enforcement agency authorized by law to enforce marine resources laws, to maintain public order, to prosecute offenders and/or to make arrests for crimes; provided, however, that except as provided below regarding the statutory allocation system, all provisions of this ordinance shall be complied with by such law enforcement agency and provided further that any such approved mooring permit shall be used solely by such law enforcement agency for such law enforcement purposes.  Law enforcement mooring permits shall not be counted for purposes of the allocation system set forth in 38 M.R.S.A. § 7-A, as may be amended from time to time.

Lobster Car/Float Mooring Permits: A mooring permit may be issued for a lobster car, dock, float or other structure approved in advance by the Harbor Master provided that the applicant is (a) the current owner of the shore rights to a “parcel of land” as that term is defined in 38 M.R.S.A. ss11(2) , as may be amended from time to time, and demonstrates the practical necessity for a lobster car/float mooring; or (b) the current holder of a valid Town of Cutler vessel mooring permit; or (c) the current owner of a commercial wharf in the Town of Cutler or holder of a valid written lease for a term of at least one year in a commercial wharf in the Town of Cutler. Any structure approved by the Harbor Master on a lobster car/float mooring shall be limited in size to 600 square feet.  Lobster car/float mooring permits shall not be counted for purposes of the allocation system set forth in 38 M.R.S.A. ss7-A, as may be amended from time to time.

Mooring Assignments:  Except as provided below, mooring assignments shall be granted on a first come, first served basis.  When the number of mooring permit applications exceeds the number of available mooring spaces in a Congested Area, the Harbor Master shall maintain a waiting list of all applicants in that area who have not been assigned a mooring permit therein and post it in the Town Office.  As space in Congested Areas of the waters of Cutler becomes available, assignments of mooring locations shall be made from the waiting list in accordance with the terms of 38 M.R.S.A. § 7A(2), as may be amended from time to time, on the basis of the date of the applicant’s request and according to the following priorities:

a. Shorefront Owner with request for initial location adjacent to the owner’s shore frontage;
b. Resident Commercial Fisherman;
c. All Others Requesting an Assignment.

When space in a Congested Area becomes available, as between applicants within a priority category, the Harbor Master shall use the Vessel Radius Formula, in conjunction with a review of existing mooring conditions in the Congested Area, to determine if there is space available within the Congested Area to accommodate the vessel of the applicant who is next on the waiting list within that priority category.  The Harbor Master shall notify the applicant with the highest priority within a priority category of the size of vessel that will fit within the space available, and the applicant shall have ten (10) days after such notice to accept the assignment for a vessel that will fit within the space available.  Failure of an applicant to respond to the Harbor Master’s notice within the prescribed time period shall constitute a rejection of the assignment.  If the assignment is rejected, the Harbor Master shall repeat this process as necessary for applicants who are next on the waiting list within that priority category and then as necessary for applicants who are on the waiting list for the next highest priority category.

Change of Mooring Assignment:  Mooring permit holders may change vessels on the assigned mooring only with the prior written approval of the Harbor Master.  In general, mooring permit holders will be limited to the same approximate size and type of vessel permitted for the specific mooring assignment unless, in the sole and exclusive judgment of the Harbor Master, a change can be made without adversely affecting existing mooring and navigational conditions and adjoining mooring permit holders.

Mooring Balloon Numbering System:  All mooring owners shall label their mooring balloons with the numbers provided by the Harbor Master at the time of permit approval.  Existing mooring owners shall obtain numbers for their moorings from the Harbor Master and label their mooring balloons within 60 days of the enactment of this provision.  The numbering system is as follows:

Area A:  100s
Area B:  200s
Area C:  300s
Area D:  400s
Area E:  500s

SECTION 4:  NO OBSTRUCTION ZONES

In order to provide safe access to and from all commercial wharves and the Sand Beach/Boat Landing area, "No Obstruction Zones" are hereby established for those areas.

Commercial Wharves:  The no obstruction zones shall be an area extending out 150' from the outermost stationary point of the wharf structure; provided, however, that with prior application to and approval of the Harbor Master, a commercial wharf owner may be authorized to locate one mooring within the no obstruction zone to be used for emergency purposes only.

Sand Beach/Town Boat Ramp:  the no obstruction zone shall be an area extending out 150' from the mean low water mark.

Moorings, buoys, floats or any other objects fixed to bottom shall not be allowed in the no obstruction zones.  

SECTION 5
TOWN OF CUTLER BOAT RAMP

The loading or unloading of bulk bait is prohibited on the Town of Cutler Boat Ramp.  Bulk bait is defined as more than three (3) bushels of bait.  The bulk refueling (either diesel, gasoline or otherwise) of boats, outboard motors or auxiliary motors is prohibited on the Boat Ramp.  Bulk refueling is defined as more than ten (10) gallons of fuel.

The sandy beach adjacent to the Boat Ramp shall remain clear of all gear, trash, and debris at all times.  The Town may remove altogether and/or relocate to the rocky beach any gear that has been left on the sandy beach for three (3) or more days.

SECTION 6
ENFORCEMENT

The Cutler Harbor Ordinance shall be enforced by the Cutler Harbor Master in accordance with the Maine Harbor Master Law (Title 38 M.R.S.A. Sections 1-13 and 281-285).  Except as provided in 38 M.R.S.A. § 13, as may be amended from time to time, violations of any provision of this ordinance shall constitute a civil violation.  Each day that a violation continues shall be considered a separate offense.  Any person who helps, assists or facilitates in the violation of this ordinance shall be subject to prosecution for the same violations and penalties as the person he or she assisted.

SECTION 7
APPEALS

Any person aggrieved by any decision of the Harbor Master as it relates to the administration of this ordinance may appeal such decision to the Board of Selectmen.  Unless by the Harbor Master’s authority the decision is revoked, such decision shall remain in full force and be forthwith complied with by the person during the pendency of any appeal.  Such appeals shall be made in writing to the Board of Selectmen within seven (7) days of the decision from which the appeal is taken.  The appeal must state with specificity the decision from which the appeal is taken and the reasons for the appeal.  The appellant shall pay a non-refundable filing and notification fee in such amount(s) as the Board of Selectmen may from time to time establish by Board of Selectmen order, which shall be paid at the time the appeal is filed.

In deciding any appeal, the Board of Selectmen shall conduct a hearing and affirm, modify or reverse the decision of the Harbor Master or may remand the matter to the Harbor Master for further proceedings consistent with this ordinance.  The Board of Selectmen shall inform the person in writing of its decision and the reasons thereof.  Written notice of the decision of the Board of Selectmen shall be sent to the appellant, the Harbor Master and the Harbor Committee within ten (10) days of the decision.  Any decision of the Board of Selectmen under this section may be appealed to Superior Court within thirty (30) days of the decision pursuant to Rule 80B of the Maine Rules of Civil Procedure.

SECTION 8
DEFINITIONS

Anchor - To secure a vessel to the bottom within a body of water by dropping an anchor(s) or other ground tackle that is carried aboard a vessel when underway as regular equipment.

Commercial Fisherman - A person engaged in generating income through the use of a commercial fishing vessel.

Commercial Fishing Vessel - Any vessel used primarily to generate income through fishing.

Congested Area - A mooring area determined by the Harbor Master, in his/her sole and exclusive judgment, to have reached capacity.  In making such a determination, the Harbor Master shall consider the following:  size of the mooring area as shown on the official Harbor Plan; number of approved mooring permits for the mooring area; size and associated radius of vessels in the mooring area, as calculated using the Vessel Radius Formula herein; and type of vessels in the mooring area.

Marine Related Business - A business establishment that must have direct access to navigable water in order to function, such as marinas, water-borne transportation facilities, and finfish and shellfish processing facilities, but excluding commercial fishing vessels.

Mooring - An anchoring device not carried aboard a vessel as regular equipment.

Resident - A person who occupies a dwelling within the Town of Cutler for more than 180 days in a calendar year.

Shorefront Owner - The owner of a parcel of land, as that term is defined in 38 M.R.S.A. § 11(2), as may be amended from time to time, that borders on Cutler waters.

Vessel - Boats of all sizes powered by sail, machinery or by hand; scows; dredges and craft of any kind.

Vessel Radius Formula - The radius of vessel at mean low water calculated using the following mathematical formula: 

Adopted at a special town meeting 07/08/2004
Amended at a special town meeting 05/11/2005
Amended at the annual town meeting 08/29/2005
Amended at a special town meeting 11/28/2005
Amended at the annual town meeting 08/14/2006
Amended at a special town meeting 05/07/2007
Amended at a special town meeting 10/13/2011
Amended at the annual town meeting 06/23/2015

2003 Shellfish Conservation Ordinance

1. Authority

This ordinance is enacted in accordance with 12 M.R.S.A. Section 6671.

2. Purpose

To establish a shellfish conservation program for the Town of Cutler which will insure the protection and optimum utilization of the shellfish resources within its limits.  These goals will be achieved by means which may include:

A. Licensing.
B. Limiting the number of shellfish harvesters.
C. Restricting the areas where clams may be taken.
D. Restricting the hours during which harvesting may take place.
E. Limiting the size of clams that may be taken.
F. Limiting the quantity of clams that may be taken by a harvester in any one (1) day.
G. A shellfish warden will be employed to enforce this ordinance.

3. Shellfish Conservation Committee

The shellfish conservation program for the Town of Cutler will be administered by the Shellfish Conservation Committee consisting of five (5) members to be appointed by the Selectmen for a term of one (1) year to run from July 1st through June 30th of the following year.  The Committee's responsibilities include:

A. Establishing annually, in conjunction with the Department of Marine Resources, the number of shellfish-digging licenses to be issued in each category.
B. Submitting to the Board of Selectmen proposals for the expenditures of funds for the purpose of shellfish conservation.
C. Securing and maintaining records of shellfish harvested from the Town's managed shellfish areas and closed areas that are conditionally opened by the Department of Marine Resources.
D. Recommending conservation closures and openings to the Board of Selectmen in conjunction with area biologists of the Department of Marine Resources.
E. Keeping this ordinance under review and making recommendation for its amendments.
F. Submitting an annual report to the Town and the Department of Marine Resources covering the above topics and all other Committee activities.

4. Definitions

For the purpose of the ordinance:

A. Resident:  A person who is a Maine resident and who has proof of being domiciled in the Town of Cutler prior to the date that his/her claim of such residence is made.  In order to demonstrate resident qualification, an applicant shall provide three (3) separate and different forms of evidence of residency in Cutler from the chart below.  At least one form of evidence of residency from each section of the chart shall be submitted with the application.  An applicant age 17 or under shall provide three (3) separate and different forms of evidence of residency in Cutler of his/her parent(s) or legal guardian from the chart below.  The only exception to this requirement shall be for those residents who reside elsewhere much of the year solely for the purpose of pursuing full-time higher education or while a member of the U.S. Armed Forces.  If the Town Clerk is uncertain of an applicant’s residency, the Town Clerk shall refer the matter to the Shellfish Conservation Committee for a determination. All licensed harvesters will provide proof of residency on an annual basis.

B. Nonresident:  Anyone not qualifying as resident under this ordinance.
C. Shellfish, Clam:  Refers to the soft shell clam, Mya arenaria. 
D. Shores, Flats:  Refers to areas within the Town where clams are to be found.
E. Dig, Take, Harvest:  Refers to the means of taking clams from their natural habitat.
F. Municipality, Town:  Refers to the Town of Cutler in Washington County, Maine.
G. Licenses:  Refers to the Town-issued permit for the harvesting of shellfish.

5. Licensing

It is unlawful for any person to take shellfish from the shores of this Municipality without having a current license to do so issued by the Town as provided by this ordinance.

A. Designation, Scope and Qualifications:

(1.)  Resident Commercial Shellfish License:  Available only to residents of the Town of Cutler, it entitles the licensee to dig any amount of shellfish from the flats of this Municipality where and when it is lawful to do so.
(2.)  Nonresident Commercial Shellfish License:  Available to those who do not live in this Municipality, it entitles the licensee to dig any amount of shellfish from the flats of this Town where and when it is lawful to do so. No less than ten percent (10%) of the commercial licenses to be issued will be offered to nonresidents.
(3.)  Resident Student / Junior License:  Available only to student / junior residents of the Town of Cutler aged 16 & under and 17 – 18 years of age , it entitles the licensee to dig any amount of shellfish from the flats of this Municipality where and when it is lawful to do so.
(4.)  Nonresident Student / Junior License:  Available to those student / juniors aged 16 & under and 17 – 18 years of age who do not live in this Municipality, it entitles the licensee to dig any amount of shellfish from the flats of this Town where and when it is lawful to do so. No less than ten percent (10%) of the licenses to be issued will be offered to nonresidents.
(5.)  Resident Senior License:  Available only to senior residents of the Town of Cutler aged 65 & over, it entitles the licensee to dig any amount of shellfish from the flats of this Municipality where and when it is lawful to do so.
(6.)  Nonresident Senior License:  Available to seniors aged 65 & over who do not live in this Municipality, it entitles the licensee to dig any amount of shellfish from the flats of this Town where and when it is lawful to do so. No less than ten percent (10%) of the licenses to be issued will be offered to nonresidents.

B. Application Procedure:  Any person may apply to the Town Clerk for the licenses required by this ordinance on forms provided by the Municipality.

(1.)  Contents of the Application:  The application is in the form of an affidavit and must contain the applicant's name, current address, birth date, height, weight, and whatever other information the Town may require.  It must be signed by the applicant.
(2.)  Misrepresentation:  Any person who gives false information on a license application will cause said license to become invalid and void.
(3.)  Issuance:  Upon acceptance of the application and appropriate fee, the Town Clerk will issue the license which must be signed before leaving the Town Office.  Only one (1) license will be sold to any individual.

C. Fees:  The fees for the licenses must be paid-in-full at the time of the application for the respective license.  The fees will be turned over to the Town Treasurer to be used by the Town for shellfish management, conservation and enforcement. All fees shall be determined by the Shellfish Conservation Committee each year prior to May 1.

D. Licensing Period:  All Cutler-issued shellfish licenses are valid from May 1st through April 30tht of the following year, regardless of the actual date of issue.

E.  Possession of License:  The license is to be carried by the licensee any time he is on the flats harvesting clams, and is to be shown to any lawful authority on demand.

6. Open License Sales  

1.   The Shellfish Conservation Committee, under the direction of and with approval from the Commissioner of Marine Resources, will establish commercial licenses to be issued that year, following requirements of 12 M.R.S.A. Section 6671(3-A).

2.  The Shellfish Conservation Committee will notify the Town Clerk in writing, prior to March 1st, of licenses to be issued in each category.

3.  Notice of licenses to be issued and the procedure for application shall be published in one (1) or more newspapers having general circulation which the Selectmen consider effective in reaching the persons concerned.  It shall appear at least ten (10) days prior to the first date of issuance and shall remain posted in the Town Office until the period concludes and/or all the licenses have been issued.  No licenses may be reserved.

4.  The Town Clerk shall begin to issue licenses on the second Thursday of the month of April, such licenses to become valid on May 1st of that year.

5.  The Town shall provide and reserve a minimum number of commercial licenses for nonresidents in accordance with the 10% rule set forth in 12 M.R.S.A. Section 6671(3-A(E)).  The Town Clerk shall issue nonresidential licenses on the second Thursday of the month of April by lottery, such licenses to become valid on May 1st.

(1.)  Persons applying for a non-resident license shall, prior to the lottery date, complete and return to the Town Clerk an application on a form obtained from the Clerk.
(2.)  Such applications must be signed by the applicant.
(3.)  Only one (1) application may be submitted per person.  Submitting a second application voids one's chance to participate in the lottery drawing.
(4.)  Applicants must be present in person to obtain a license.  Should an applicant not be present when his name is drawn, it will be discarded and another drawn in its place.
(5.) Successful applicants must purchase their clam license within 5 business days of being notified that the license is available. After 5 days, the license will be offered to the next applicant on the list.

6.  At the time of issuance of a clam license to an individual, the Clerk shall inform that individual that this license is his for the life of the license, it cannot be returned for a refund, nor traded or sold to anybody else.

7. Opening and Closing of Flats

The Municipal Officers, upon approval of the Commissioner of Marine Resources, may open and close areas for shellfish harvest.  The Municipality shall provide sufficient notification to the public of any conservation closure or opening in accordance with DMR Regulations Chapter 7.50(1)(c). The Shellfish Conservation Committee, with the concurrence of the Department of Marine Resources area biologist, can recommend that an area should be open or closed for management purposes.  Methods include:

A. Recommendation is made to the Selectmen who then call a public hearing on ten (10) days notice in a generally circulated newspaper and by posting within the Town of the time, place and subject matter of said hearing.

(1.)   A copy of the notice shall be sent to the Department of Marine Resources
(2.)  At the close of the hearing, action is to be taken or not by the Selectmen, based on the facts presented.  Notice of the action taken, if any, will be sent to the Department of Marine Resources.

B. When notice is received by the Town Clerk of an area ordered closed by the Department of Marine Resources due to pollution, etc., the following steps are to be taken:

(1.)  The Town shellfish wardens are informed and, if necessary, they are to post more notices of closure as near the affected area as possible.
(2.)  A copy of the letter or newspaper legal advertisement of the closure area, including the geographic specifics is to be posted at the Town Office.

8.  Minimum Legal Size of Clams

It is unlawful for any person to harvest soft shell clams which are less than two (2) inches in the longest diameter.

A. Definitions:  For the purpose of this ordinance:

(1.)  Lot:  The total number of clams in any bulk pile.  When the clams are in boxes, barrels or other containers, the contents of each constitutes a separate lot
(2.)  Possess:  Means to dig, take, harvest, ship, transport, hold, buy or sell, either wholesale or retail soft shell clams.

B. Tolerance:  Any properly licensed person may possess soft shell clams that are less than two (2) inches so long as the undersized comprise less than ten percent (10%) in any one (1) lot.  The Tolerance shall be determined by the numerical count of not less than one (1) peck nor of more than four (4) pecks taken at random from various part of the lot, or by a count of the entire lot if it contains less than one (1) peck.

C. Penalty:  A person who violates any provision of this section of this ordinance shall be punished as provided by 12 M.R.S.A. Section 6681.

9.  Night Digging:  Night digging is not permitted.  There shall be no digging or taking of soft-shell clams from the shores or flats of the Town from one (1) hour after sunset to one (l) hour before sunrise.  Artificial light sources (e.g., headlights, flashlights, etc.) shall not be used for illumination when harvesting soft-shell clams from the shores or flats of the Town.

10. Suspension

1.  Any shellfish licensee convicted in a court of law of violating this ordinance shall have his license suspended.  Beginning the date of the conviction, the suspension will last:

(A.) Thirty (30) days from the date of the conviction.
(B.) With a second conviction, the license will be suspended for the balance of the shellfish year.
(C.) With a third conviction, the applicant shall no longer be entitled to a shellfish license in the Town of Cutler.  
(D.) Any conviction concurring more than three (3) years before the last conviction shall not be counted in determining lengths of suspension.

(1.)  Records of convictions resulting in suspension must be given to and maintained by the Town Clerk to insure the enforcement of this ordinance.
(2.)  Notice of suspension and the duration are to be conveyed by the Town Clerk to the licensee involved and the Town shellfish wardens.

(E.) Any licensee whose shellfish license has been suspended pursuant to this section shall be entitled to a hearing before the Shellfish Conservation Committee upon the filing of a written request for a hearing with the Town Clerk within thirty (30) days following the effective date of the suspension.  Any person aggrieved by the hearing by the Shellfish Conservation Committee may appeal to the Superior Court within thirty (30) days pursuant to Rule 80B of the Maine Rules of Civil Procedures.

2.  Any person who has their State of Maine Commercial Shellfish License or their right to obtain a license suspended by the Department of Marine Resources for any reason shall have their Municipal Shellfish License from the Town of Cutler suspended or right to obtain a license suspended until reinstate by the State.

11. Penalty

A person who violates this ordinance shall be punished as provided by 12 M.R.S.A. Section 6671(10).

12. Effective Date

This ordinance, which has been approved by the Commissioner of Marine Resources, shall become effective after its adoption by the Municipality, within twenty (20) days of its adoption.

13. Separability

If any section, subsection, sentence or part of this ordinance is for any reason held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining portions of this ordinance.

14. Repeal

Any ordinance regulating the harvesting or conservation of shellfish in the Town and any provisions of any other Town ordinance which is inconsistent with this ordinance and bears an earlier or nonexistent date is hereby repealed.

Adopted August 04, 2003 at the Annual Town Meeting
Amended July 10, 2013 at the Annual Town Meeting
Amended June 23, 2015 at the Annual Town Meeting
Amended July 21, 2016 at the Annual Town Meeting
Amended August 28, 2018 at the Annual Town Meeting

Dog Control Ordinance

SECTION 1
PURPOSE AND ADMINISTRATION

A. This ordinance is adopted in the exercise of municipal home rule powers under the Maine Constitution and 30-A M.R.S.A. Section 3001.

B. The purpose of this Ordinance is to: 

1. Provide for the health, safety, and security of the citizens of Cutler, Maine;
2. Provide for the humane treatment of dogs; and
3. Hold owners responsible for the conduct of their dogs.

C. Dangerous dogs, dogs running at large, and habitual barking dogs are hereby declared to be a public nuisance.

D. The Town of Cutler Animal Control Officer shall enforce this Ordinance. Any officer as designated by the Selectmen, Maine Game Wardens, or other State Official charged with animal control duties may enforce this Ordinance in the absence of the ACO.

SECTION 2
DEFINITIONS

In general, all words and terms used in this Ordinance shall have their customary dictionary meanings.  More specifically, certain words and terms are described below.

A. “Town” means the Town of Cutler, Maine.

B.“Animal Control Officer” and “ACO” mean the municipal official appointed by the Selectmen of the Town whose duties are as follows:

1. Enforcing the Maine Animal Welfare Laws, 7 M.R.S.A. §§ 3911, 3912, 3921, 3924, 3943, 3948, 3950, 3950-A, 3966 through 3970, and any other State laws imposing duties upon ACO’s;
2. Responding to reports of animals suspected of having rabies in accordance with 22 M.R.S.A. §§ 1313 and 1313-A and performing other duties relating to rabies imposed on ACO’s by State law;
3. Performing other duties to control animals as required by the municipal job description or by legislative action.

C. “Attack,” “attacks,” and “attacking” mean an unprovoked actual biting or an action of imminent physical harm to a person, a domestic pet, or farm animal.

D. “Dog” includes both male and female canines.

E. “Owner” means any person or persons, firm, association, corporation, or other legal entity amenable to civil process, owning, keeping, or harboring, or in possession of, or having control of a dog, and includes the parent or parents, or guardian, of a minor who owns, keeps, harbors, or is in possession of a dog.

F. “Dangerous dog” means the following, regardless of whether the dog is on or off the premises of its owner at the relevant time:

1. A dog which has bitten or chased a person who was not a trespasser on the owner’ s premises at the time of the incident; or a dog which causes a reasonable person acting in a peaceable manner outside the owner’ s premises, to be put in apprehension of eminent bodily harm.
2. A dog who has damaged the property of any person.
3. A dog that attacks a domestic pet or farm animal and causes harm to the domestic pet or farm animal.

G. “Running at large” means off the premises of and not under the control of the dog’s owner.

H. “Domestic animals” shall include, but not be limited to, dogs, cats, cows, horses, pigs, sheep, goats, and chickens and other fowl being kept for domestic purposes.  For the purposes of this Ordinance, this term does not include birds of prey or any animal normally considered as wild, but held in captivity for any purpose.

I. “Abandoned” means the condition under which an animal is not properly fed, groomed or housed in accordance with the Maine Animal Welfare Laws.

J. “Public nuisance” means a use of property or course of conduct that interferes with the legal rights of others by causing damage, annoyance, or inconvenience.

K. “Compliance order” means an enforcement order issued by the Town ACO, or by any officer as designated by the Cutler Board of Selectmen which shall demand that the owner  or  keeper  obtain a license from the Cutler Town Clerk for such dog within seven (7) days from the day of issuance,

L. “Under restraint” means physically capable of controlling the dog by a leash, cord, chain, or by voice command control to which the dog is   obedient.

M. “Abused” means to treat an animal in any manner that violates any section or subsection of Title 7, M.R.S.A., Chapter 739, “Cruelty to Animals”.

SECTION 3
IDENTIFICATION, PROOF OF VACCINATION AND LICENSING

A. All dogs older than six months shall be licensed in accordance with 7 M.S.R.A. Section 3922, et.   seq.

B. It shall be unlawful for any owner, or keeper of any dog or dogs six (6) months or older to keep or maintain a dog unless the owner has a current certificate of rabies   vaccination.

C. Failure to timely exhibit to the Clerk or produce on demand of the ACO or other officer authorized to enforce the provisions of this Ordinance, proof of vaccination, shall be prima facie evidence that said dog has not been vaccinated.

D. The owner or keeper of any dogs aged six (6) months or older, except dogs kept under a  kennel license together with a Cutler Land Use Ordinance Conditional Use Permit, if such permit is applicable, shall, on or before January first annually, or at such other time as  such dog  or  dogs become six (6) months old, or within 10 days after said dog or dogs are brought into the Town, cause such dog or dogs to be licensed  in accordance with 7 M.R.S.A. § 3923-A,-B,-C, and -D.

E. A current tag showing the year such license is issued and bearing such other data as may be required shall be given with each license issued. The owner or keeper of a dog required to be licensed must ensure this tag is worn at all times by the dog for which the license was  issued,  when  out  of  doors or off the premises of the owner or keeper, as provided for in 7 M.R.S.A. §3943.

F. The owner or keeper of any dog not duly licensed may be issued a compliance order paying to the said clerk, in addition to the license fee, a compliance fee of $4.00 or as provided for in 7 M.R.S.A.  § 3943 and, in addition may, be summonsed to court as provided for in 7 M.R.S.A.  § 3943, for keeping an unlicensed dog.

SECTION 4
SICK OR INJURED DOGS

Any person finding a running at large, stray, sick, injured or abused dog within the Town in an emergency situation should first contact the ACO, who shall take responsibility for the dog. If the ACO is unavailable, this person shall contact the Selectmen or other public official or otherwise provide for the dog as specified by Title 7, M.R.S.A., §3913 (1).

SECTION 5
RUNNING AT LARGE

A. No owner of a dog shall cause or permit that dog to run at large within the town, except with used for hunting purposes.

B. A dog shall be deemed under restraint within the meaning of this Ordinance if it is controlled by a leash, cord, chain, or otherwise under control of a person and obedient to that person’s voice command.

C. An owner accompanying a dog on municipal property shall collect feces or vomitus deposited by the dog and dispose of it in a lawful sanitary manner. Owners and users of seeing-eye dogs are exempt from this section.

D. Nothing in this section shall require the leashing or restraint of any dog, other than a dangerous dog, while on the owner’s premises.

E. Any dog found to be running at large, found to be sick or injured, or apparently abandoned may be seized and impounded by the town’s ACO or any other public official. That animal’s owner or keeper shall be liable for all related costs, in addition to any fees or fines that may be assessed. Costs of impoundment and fees may be recovered by the ACO or the Selectmen in a civil   action.

SECTION 6
ATTACKS BY DANGEROUS DOGS

A. An owner who is given written notice by the town’s ACO, or any other officer  that  their dog has  bitten  or is reasonably believed to have in any way seriously injured any person,  domestic  pet,  or  farm animal shall not, without further written authorization by an officer or official, sell, give, or otherwise convey the ownership or possession of that dog, or permit that dog to be moved  beyond  the boundaries of the town, except to or under the care of a licensed veterinarian, the ACO, or a law enforcement  officer.

B. An owner receiving written notice  shall  immediately  place  the dog under confinement  for a period  of at least 10 days and shall promptly obey all rabies detection and control directions of an ACO, a  licensed  veterinarian,  law enforcement officer, or  other state official  concerning that  dog.

C. An owner receiving written notice shall comply with all applicable regulations of the Maine Commissioner of Agriculture and the Maine Commissioner of Human Services and their authorized agents in matters of rabies detection and control.

D. Dangerous dogs shall be handled in accordance with 7 M.R.S.A. §3952 and remain designated as dangerous until the court orders otherwise.

SECTION 7  
SPECIAL RESTRAINT OF DANGEROUS DOGS

A. An owner of a dog that has been determined to be a dangerous dog shall ensure that the dog is restricted at all times to the premises of the owner, except when being transported by a secure motor vehicle to a veterinarian or to some other premises of the owner or to take the dog out of Town with the knowledge and written consent of the ACO or other official authorized by the Selectmen, or to the custody of an animal control officer or law enforcement   officer.

B. The owner of a dangerous dog shall ensure that the dog, when out of doors on the owner’s premises, is either contained within a secure enclosure or is fastened with a secured latch to a well maintained reinforced restraint.

1. The length of any secure restraint must keep the dog more than three (3) feet away from any mail receptacle, entrance or exit to a house or other building, end or edge of a driveway, walkway, stoop or stairs leading to an entrance, edge of a lawn, property boundary or public sidewalk, or home fill pipe or utility meter.

SECTION 8
BARKING DOGS

A. No owner or keeper of a dog within the legal limits of the Town shall keep or maintain a dog which continuously or repeatedly barks, howls, makes other loud or unusual noises, or in any other manner unreasonably disturbs the peace of any person.

B. Any person who keeps or maintains a dog which continuously or repeatedly barks, howls, yelps or makes other loud or unusual noises, that are either:

a. sustained for one (1) hour or more
b. intermittently for three (3) continuous hours of at least twenty (20) minutes in duration or more for four consecutive days and which can be heard unreasonably disturbing the peace of any neighbors within 500 feet of the boundary of the property on which the dog is located is in violation of this Ordinance.

C. Professionally trained, working dogs (including certified guard dogs and sheep dogs) are exempt from this section.

D. Upon written complaint by the person being disturbed, signed and delivered to, any constable, duly qualified law enforcement, animal control officer or person acting in that capacity of the Town of Cutler may investigate and may give written notice to the owner or keeper of such dog that such annoyance or disturbance must cease. The warning shall be made part of the complaint. Thereafter, upon continuance of such annoyance or disturbance, such owner shall be in violation of this ordinance. 

SECTION 9
PROCEDURE ON VIOLATION

A. INVESTIGATION.

1. The ACO shall quickly and fully investigate all known or suspected violations of this Ordinance received from any citizen and keep a written record.
2. On a first complaint, the ACO, in his or her judgment, may issue a verbal warning. All subsequent warnings must be in writing.
3. The ACO will report complaints and findings to the Board of   Selectmen.
4. The ACO is required to maintain a public file, located in the Town Office, of all complaints and findings.
5. Nothing in this Ordinance is intended to bar or limit the right of the individuals to make written complaints concerning dangerous dogs pursuant to State Law, or bar or limit any law enforcement officer from proceeding to act upon such a written complaint in accordance with the State Law.

B. PROSECUTION.

1. The ACO, on complaint of any person or on his or her own initiative, may initiate prosecution for violation of this Ordinance by filing a complaint with the Washington County Division of the Maine District Court and serve a summons and a copy of the complaint to the owner.

2. Alternatively, the municipal officers may engage and appoint counsel to prosecute the alleged violations.

C. COMPLAINT FOR DOGS PRESENTING IMMEDIATE THREAT TO PUBLIC.

1. After filing a complaint in District Court and before hearing, the dog shall be subject to muzzling, restraint, or confinement upon its owner’s premises upon order of the law enforcement officer who filed the complaint, if that officer believes that the dog poses a threat to the public.
2. The officer may prescribe the degree of restraint or confinement.
3. Failure to comply shall constitute a distinct violation of this Ordinance.
4. Upon failure to comply, and after notice to the owner, the officer may apply to the District Court for an order of authorization to take possession of a dog that poses an immediate threat to the public and turn it over to the care of a suitable person or organization, at the owner’s expense.  The Court in its final order shall include an order to the owner to pay this expense in a stated amount.

D. ORDER OF THE COURT

1. If, upon hearing, the court determines that the ordinance has been violated, the court may impose an appropriate penalty.

2. If the court determines that a dog is a dangerous dog, the court may order the owner to muzzle the dog, and to restrain it, and confine it to the owner’s premises.

3. If the court finds that the dog has killed, maimed, or inflicted more than de minimis bodily injury upon a person, or upon a domestic pet or farm animal, or the court determines that the dog has a history of attacks then the court may order the dog to be euthanized. Such euthanasia shall be at the owner’s expense.

E. FAILURE TO ABIDE BY A COURT ORDER

1. An owner’s failure to comply with an order issued pursuant to this Section constitutes a violation of this Ordinance. This may be punishable by a new summons or as contempt, following issuance of a show cause order on affidavit of a law enforcement officer.
2. If an order of euthanasia is not complied with by the time set by the court, the court may, upon application by the ACO or other person, and upon notice to the owner, issue a warrant to the ACO to destroy the dog and make return of the warrant to the court within 14 days from the date of the warrant.
3. The owner shall pay all costs of any supplementary proceedings and all reasonable costs for seizure and euthanasia of the dog. A failure to pay such costs by the time stated in the order of the court constitutes a distinct violation of this Ordinance. This may also be punished on proceedings for contempt after issuance of a show cause order.

SECTION 10
PENALTIES

A. For a first violation of this Ordinance, the owner shall be ordered to pay a penalty of not less than fifty dollars ($50.00) nor more than two-hundred dollars ($200.00) plus any associated court ordered fees or costs. Upon a second and any subsequent violation of this Ordinance, the penalty shall increase by a minimum of fifty dollars ($50.00) above the penalty for the immediately preceding violation. All fines so assessed and attorney fees shall be recovered for the use of the Town of Cutler through District Court.

B. All penalties awarded shall accrue to the Town.

C. An owner found to have violated this Ordinance shall pay all fees and surcharges assessed or required by a court order and shall pay court costs.

D. The penalties provided under this Ordinance shall be in addition to any penalties provided by state or federal law.

SECTION 11
LEGAL PROVISIONS

A. Effective Date: This ordinance shall take effect upon passage at any municipal town meeting.

B. Interpretation: Interpretation of this Ordinance shall be according to the purpose of the Ordinance.

C. Conflict with Other Ordinances: Whenever the regulations of this Ordinance conflict with those of another Ordinance, the stricter shall apply.

D. Severability: Should any portion of this Ordinance be found invalid for any reason by a court of competent jurisdiction, then all portions not found invalid shall remain unaffected and continue in full force.

E. Amendment:

1. Amendments to this Ordinance shall be considered following citizen petition or motion of the Selectmen.
2. Unless it is presented at an open Town Meeting, no regulation or amendment of this Ordinance shall be adopted until after the Selectmen of the Town have held a public hearing thereon at least ten days before it is submitted to the legislative body for consideration.  At least ten days prior to the hearing, the Board of Selectmen shall have notices posted in the places in which Town Meeting Warrants are posted.

Adopted at Annual Town Meeting 08/28/2018