CRANBERRY ISLES ORDINANCES AND REGULATIONS

Ordinances with full text online:
Site Plan Review Ordinance
Subdivision Ordinance
Land Use Ordinance for the Shorelands
Shellfish Conservation Ordinance
Building Notification Ordinance
Vehicle Waste Disposal Fee
Harbor Management Ordinance

Following are condensed selections from Town Ordinances.  Copies of the complete ordinance(s) are available from the Town Clerk, P.O. Box 15, Islesford, Maine 04646.  Please be sure that renters or other users of your property are aware of these rules.

CAMPING

For the purpose of the ordinance "camping" shall mean to establish temporary living quarters, with or without shelter and with or without facilities for preparation of food.  Any person camping, as an individual or as leader, or representative, of several persons camping at the same site, shall have at the camp site at all times a written permit to camp from the owner of the land on which the site is located.  The permit shall name each person who may camp at the site, shall identify the approximate location of the site, shall state the approximate date and duration for which the permit is issued, shall be dated and shall be signed by the owner of the land.  A permit to camp does not constitute permission to have a fire.  All fires shall be subject to compliance with applicable laws and ordinances, including obtaining a burning permit from the Town Forest Fire Warden.
Enacted March 6, 1978

BICYCLE NIGHT LIGHTS

Every bicycle when in use at night shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred (500) feet to the front end, and with a reflector on the rear which shall be visible from all distances from fifty (50) feet to three hundred (300) feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle.  A lamp emitting a red light visible from a distance of five hundred (500) feet to the rear may be used in addition to the end reflector.  Any person convicted of a violation of the provisions of this ordinance shall be punished by a fine of five dollars and costs.
Enacted March 2, 1942

DOGS - LEASH LAW

The Town's leash law has been subsumed by State of Maine law which requires that all dogs must be on a leash except when on an owner's property.  Additionally, when transporting a dog in the back of a pickup truck or other open body vehicle, the dog must be tied equal distance between the two sides of the truck body.  As of 2001, first offense under State Law for allowing a dog to run loose and not kept on a leash shall be punishable by a fine of $250.  For second or subsequent offenses the fine may be increased to $500.

DOCKING ORDINANCE

Pursuant to Title 30, Section 2151, as amended, the Town of Cranberry Isles, Hancock County, Maine, hereby enacts this Docking Ordinance promoting the public convenience and welfare and providing for public safety in the use of harbors, waterways, mooring areas and public docks of the Town.

1. No person shall tie up and leave a boat at any town float or dock for more than two (2) hours except to beach the same for repairs.

2. The head of all town floats and companionways of docks shall be kept clear at all times except to load and unload cargo or passengers.

3. No person in any motor craft shall exceed five (5) miles per hour through the mooring areas of the town's harbors.

4. All moorings shall be rigged and placed so they do not create an excess hazard to marine traffic.

4a. Anything shall not be left upon a float more than one hour unattended by the person responsible therefor.

4b. Docks are public ways.  Passage of the traveling public, including motor vehicles at Great and Little Cranberry Islands, shall not be unreasonably obstructed.  Traps, materials, packages and other objects may be left thereon, in such a manner that passage along the dock is not obstructed, for no longer than 72 hours.  A similar ordinance enacted in 1969 is repealed.

4c. Buildings on the docks are public buildings intended for the temporary shelter of persons and perishable objects and materials.  Anything placed within such buildings shall be removed within 72 hours.

5. Failure to comply with these regulations shall result in a warning or a fine of not more than $50.00 nor less than $20.00.

6. Harbor Masters and Constables of the Town of Cranberry Isles, Maine shall have the authority to enforce this ordinance.

Enacted March 4, 1974
Amended March 8, 1976
Amended March 12, 1990

PARKING ORDINANCE

From the first day of November to the first day of April, no person shall park a vehicle on any street or road in the Town of Cranberry Isles between the hours of 4 p.m. and 6 a.m. for a period longer than thirty minutes.  Any vehicle found parked in violation of this ordinance and obstructing snow removal or sanding operations may be moved to a storage garage or parking lot at the owner's risk, and the owner shall be charged with the storage costs and towing fee.  This ordinance is to facilitate snow removal and sanding.
[Note: Abandonment of a vehicle on a public way is a traffic infraction.  A person who is found to have abandoned a vehicle is responsible for any towing charges that are directly related to the abandonment of the vehicle.  Section 1860 of Title 29-A, Maine Law, is also quoted elsewhere in this Town Report relating to abandonment of motor vehicle on islands.]
Enacted March 7, 1966

MOTORIZED VEHICLES ON PUBLIC PROPERTY

Pursuant to Title 30, Section 2151, as amended, the Town of Cranberry Isles, Hancock County, Maine, hereby enacts the ordinance to promote the public convenience and welfare through regulating the operation of motorized vehicles on public property [i.e., Town gravel pits, school yards].

The operation, except as provided herein, of motorized vehicles on publicly owned property outside the right of way of the Town roads is prohibited.  Motorized vehicles [including motor bikes & golf carts] may be so operated for purposes authorized by the agency in control of the public property, for emergencies such as fire or police protection or rendering aid in the event of personal injury, and for access to public facilities where such access is duly authorized.  Failure to comply with this ordinance may result in a fine or not less than $20 nor more than $50.  Constables of the Town of Cranberry Isles shall have the authority to enforce this ordinance.
Enacted March 14, 1983

OPEN FIRE ORDINANCE

Pursuant to Title 12, Section 9234, as amended, the State of Maine has prohibited, as of May 2001, all out of doors burning of highly combustible trash, except in an incinerator approved by a State Fire Warden.  Out of doors burning of plastics, rubber, styrofoam, food wastes or chemicals is prohibited in all areas of the State.

For persons living within the Town of Cranberry Isles, pursuant to Title 30, Section 2151, M.R.S.A. the following ordinance shall be complied with:

a. Open fires shall mean campfire or bonfire, the burning of grass, brush, or rubbish [as permitted by State Law], or any fire of similar character.  Fires in fireplaces or Franklin type stoves in buildings are not open fires within the meaning of this ordinance.

b. "Fire Warden" shall mean the resident State Fire Warden [located in Jonesboro, Maine] or a Forest Fire Warden of the Town of Cranberry Isles. [Orville E. Blank, Fire Warden on Islesford Phone 244-9363; Wesley Bracy, Jr., Deputy Fire Warden, Great Cranberry, Phone 244-5804]

c. No person may start or have an open fire in the Town of Cranberry Isles without first having obtained a permit therefor in writing from a Fire Warden.  The permits shall be available for inspection at the site of the fire at all times.

d. The Fire Wardens may include in the permit such conditions as are reasonable and necessary for the purpose of the Ordinance.  A Fire Warden may revoke a permit for failure to comply with its terms or because conditions pertinent at the time of issue of the permit are no longer applicable.

e. Fire Wardens and Constables of the Town of Cranberry Isles, Maine shall have the authority to enforce this Ordinance.

SHELLFISH CONSERVATION ORDINANCE

The purpose of this ordinance is to establish a shellfish conservation program for the Town of Cranberry Isles which will insure the protection and optimum utilization of 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 time and area where digging is permitted
d. Limiting the minimum size of clams taken
e. Limiting the amount of clams taken daily by a harvester.

The following is a synopsis of the ordinance and those desiring to dig clams or other shellfish within the Town of Cranberry Isles should obtain (1) a license and (2) information on the do's and don'ts from one of the Town Shellfish Wardens.  Anyone who is judged to have violated this ordinance shall be punished in accordance with State statutes, including 12 M.R.S.A, Sections 6681 and 6671(10).

Definitions:
a. Resident: The term "resident" refers to a person who pays real estate taxes to the Town of Cranberry Isles.

b. Non-resident: The term "non-resident" means anyone not qualified as a resident under this ordinance.

c. Shellfish, clams, and intertidal shellfish resources: When used in the context of this ordinance the words "shellfish", "clams", and "intertidal shellfish resources" mean soft shell clams (Mya arenaria), quahog, hen clams and oysters.

Licensing: Municipal shellfish digging license is required.  It is unlawful for any person to dig or take shellfish from the shores and flats of this municipality without having a current license issued by this municipality as provided by this ordinance.  Licenses are issued in two varieties: Residential Recreational and Nonresidential Recreational.  The residential costs $16.00 while the nonresidential costs $31.00 on an annual basis and is issued proportional to the number of residential licenses (6 residential to 1 nonresidential).  There are no commercial licenses authorized.  The fee is waived for all persons 60 years or older or 12 years or younger.

Minimum legal size: It is unlawful for any person to possess soft shell clams within the municipality which are less than two (2) inches in the longest diameter.  However, any person may possess clams that are less than two inches if not less than one peck or more than four pecks taken at random from various parts of the lot or by a count of the entire lot if it contains less than one peck, i.e. no more than 25% may be less than 2 inches long.
Enacted March 12, 2001 and must be reviewed at Town Meeting March 2004

full text of Shellfish Ordinance

NOTICE TO APPLICANTS FOR PERMITS

While the Town of Cranberry Isles Clerk is the proper official to file all applications within the municipality of Cranberry Isles, neither the Town Clerk nor any other town official has the authority to answer questions or provide information which an applicant may rely upon.  Only the board or officer which will grant or deny the application can do so.  Applicants are hereby notified that any reliance on information other than that from the proper authority is done so at their own risk and shall not be binding on the municipality.

BUILDING REGULATIONS

All permit applications and notifications should be filed with and directed to the Code Enforcement Officer.  Application forms may be obtained from the Code Enforcement Officer or from the Town Clerk.

Kimberly A. Keene, Code Enforcement Officer
P.O. Box 88
Hulls Cove, Maine 04644
Tel: [207] 288-4024

BUILDING NOTIFICATION ORDINANCE

This ordinance has been enacted pursuant to the authority given the Town in 30 MRSA 1917 (Home Rule) and 30 MRSA 3221 (Soil and Suitability Prior to Construction) in order to promote the health, safety, convenience, welfare and property values of the inhabitants by requiring notification of intention to build for all dwellings and structures within the municipality.

Administration: The Code Enforcement Officer (CEO) shall enforce all State of Maine laws and the regulations of this ordinance, with assistance from the Town Selectmen.  The CEO shall report any violations of this ordinance to the Board of Selectmen; the Town Clerk shall accept completed Intention to Build Notifications Form and place submitted forms on file in the Town Office.

Notification of Intention to Build:

a. Before construction is started on any structure, the owner shall file written notice of the intent to build upon forms provided by the Town and available at the Town Clerk's office.  Said notice shall be filed with the Town Clerk.

b. Said notice forms shall include the following information:
(1) sketch showing location and layout of proposed structure(s)
(2) estimated cost of the proposed structure, including cost of labor.

c. For new dwellings, expansion of existing dwellings, and conversion of seasonal dwellings to year round use, a valid permit issued by the Licensed Plumbing Inspector or written certification by the Licensed Plumbing Inspector that a permit is not required, shall accompany said notice.

d. If the proposed structure is located in an area governed by the Shoreland Ordinance, a Land Use Permit issued by the proper authority shall also accompany said Notice.

e. The term "structure" as used by this ordinance is defined as a building or buildings or portions thereof, constructed or erected with a fixed location on or in the ground.  This ordinance shall not apply to structures occupying less than 200 square feet of group nor to structures the cost of which to build, does not exceed $1,500.00.

Violations of this ordinance after having been notified by the Code Enforcement Officer, shall be deemed to have committed a civil infraction and shall be subject to being penalized in accordance with State Law, Title 30, Section 4966, M.R.S.A.
Enacted May 25, 1989 at a Special Town Meeting

full text of Building Notification Ordinance

SITE PLAN REVIEW

If you are building, altering, or enlarging a business, or converting a private use to business use in any location within the municipality, you need a Site Plan Review by the Planning Board.  Attached multi-family housing also requires a Site Plan Review.  A Site Plan Review Checklist is available to help you make sure you have all the paperwork requirements.

Divisions of land into three or more lots within a five-year period may also require a Subdivision Permit.

full text of Site Plan Review Ordinance

FLOOD PLAN MANAGEMENT ORDINANCE

The Town of Cranberry Isles has elected to comply with the requirements of the National Flood Insurance Act of 1968 (Public Law 90-488), as amended.  Accordingly, before any construction or other development (as defined in Article XIII. of the Act), including the placement of manufactured homes, begins within any areas of special flood hazard established in Article I of the Act, a Flood Hazard Development Permit shall be obtained from the Code Enforcement Officer.  This permit shall be in additional to any other building permits which may be required pursuant to the codes and ordinances of the Town of Cranberry Isles.  Complete text of this ordinance is available from the Town Clerk.
Enacted March 10, 1991

(replaced by new ordinance adopted 8/15/2006, but not yet online)

LAND USE ORDINANCE FOR THE SHORELANDS OF THE CRANBERRY ISLES

The purpose of this ordinance is to prevent and control water pollution; protect spawning grounds, fish, aquatic life, bird and other wildlife habitat and to protect buildings and land from flooding and accelerated erosion; to protect archaeological and historic resources; to protect commercial fishing and maritime industries; to protect freshwater and coastal wetlands; to control building sites, placement of structures and land uses; to conserve shore cover and visual as well as actual points of access to coastal waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.

This ordinance applies to all land areas within 250 feet, horizontal distance, of the normal high water line of any saltwater body; within 250 feet, horizontal distance, of the upland edge of a coastal or freshwater wetland; and within 75 feet, horizontal distance, of the normal high water line of a stream.  This ordinance also applies to any structure built on, over, or abutting a dock, wharf or pier, or other structure extending beyond the normal high water line of a water body or within a wetland.

This ordinance consists of more than 39 pages of detail which all property owners should consult first prior to undertaking any action within 250 feet of a saltwater body or within the boundary of a wetland.  Whether it is the harvesting of timber, construction of a building or other such structure,agri/aquaculture, or simply posting a sign, consult this ordinance first!  It is available from the Town Clerk upon request.
Enacted March 9, 1992

FEES
Intent to Build - - - - - No fee
Land Use Permit - - - $50.00
Site Review Permit - - $1 per $100 development cost exclusive of land purchase or lease

full text of Shorelands Ordinance

NOTICE TO OWNERS OF MOTOR VEHICLES OR BOATS

If you own a motor vehicle or boat, and are not entitled to an exemption under Maine law, it is your responsibility to pay an annual excise tax to the Town of Cranberry Isles (M.R.S.A. Title 36, para 1482C and 1501).  The Town retains all excise tax money.  The voters of the Town appropriate all excise tax money to the General Fund.  Motor vehicles used on the roads of the Cranberry Isles must be registered annually (M.R.S.A. Title 36 para 102 and 242).  Evidence of insurance must be shown before a motor vehicle is registered or re-registered.  75% of registration fees are returned to the Town and expended on town roads.  If you have any questions as to the status of your motor vehicle or boat excise tax, please call the Tax Collector at [207] 244-5943.  The Tax Collector will also answer any questions as to the status of your motor vehicle or boat documentation.

ABANDONED VEHICLES
TITLE 29-A, SUBCHAPTER III

While all vehicles are required to be registered, even when used on an island, inspection of the same is not a requirement provided the vehicle remains only for island use.  This convenience in the law for island property owners has also contributed to a collection of vehicles which are no longer usable and often abandoned.  During the past year a section of state law has been used successfully by the Board of Selectmen to remove abandoned vehicles from Town property.  Accordingly, Section 1860 of that law is quoted below for your edification:

"A person may not abandon a motor vehicle on any property on an island without consent of the owner of the property.  The State, municipality or other political subdivision having jurisdiction over the island may order the owner of a vehicle illegally abandoned on an island to remove it at the vehicle owner’s expense.  If the owner of the vehicle refuses to remove the motor vehicle, or if the owner is unknown, the State or political subdivision may cause the vehicle to be removed from the island and may require reimbursement from the owner for the removal and the administrative and legal costs.  Neither the State nor any political subdivision of the State is liable for any damage to the motor vehicle that may be caused by the removal.  Failure to remove an illegally abandoned vehicle on an island within 30 days after written warning, or within 30 days of ice-out if ice prevents the island from being reasonably accessible, is a Class E crime."

[Note: It is the Town Selectmen who determine if a vehicle has been abandoned.]

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