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Harbor committee to seek town lawyer opinion after questions about mooring, float liability
Summary
Camden Harbor Committee agreed June 16 to ask the town lawyer to clarify who bears liability when moorings or floats are used by temporary users, citing unclear language in ordinance 108-22 and several practical scenarios (one-night rentals, season transfers).
The Camden Harbor Committee voted to seek a legal opinion about liability for moorings and floats after members identified ambiguous language in Chapter 108, section 108-22 governing temporary users.
The committee’s discussion focused on a clause in subsection I(2) that references temporary users and a 45-night/one-year occupancy rule. Members said the language appears tied to a year-long transfer of use and is unclear about very short-term situations such as one-night rentals or week-long use, and about arrangements where a float owner designates an agent (for example, a local marine business) to manage or rent a float.
Harbormaster Steve (Harbormaster) noted practical risks if a chain, cleat, or other gear fails while a transient user occupies a float, and that current pier-ordinance revisions include clearer liability language after recent storms. A committee member raised questions about whether homeowners’ insurance typically covers floats and whether the town or an owner would be liable in the event of damage to other vessels or property.
The committee agreed that the chair/host would email the town lawyer, and Nancy (Committee member) volunteered to draft a set of representative scenarios for the lawyer to review (short-term rental, seasonal transfer, agent-managed floats). Members said they want the lawyer to advise whether the ordinance language requires revision, whether a liability waiver or security deposit should be required for certain temporary users, and how to document insurance or proof of coverage.
Next steps: the committee will send the scenarios to the town lawyer, await a formal opinion, and consider recommending ordinance clarifications or administrative procedures (proof of insurance, defined temporary-use categories) to the select board if the lawyer advises changes.
The committee referenced ordinance 108-22 in the discussion and recorded action to request a legal opinion; no formal ordinance amendments were made at the meeting.
