Speeds and Wakes

This season has brought a lot of questions and opinions on Speed limits in the two creeks that border Oyster Harbor.  

Some folks are tired of boats speeding by their homes or moorings, and having to worry about wakes and potential damage to their boats - not to mention spilling your drink while you relax at anchor.  Many with this view point want one or both creeks made into speed controlled zones that are meant to reduce wakes.

Other's enjoy the aspects of tubing, skiing, Personal Water Craft (PWCs) or the desire to get to the Bay or back to the slip quickly.  They enjoy the speed and feel that places to ski, etc are already too limited on the Bay. Many will argue that their boats make smaller wakes at high speeds than slow speeds.

The State of Maryland is concerned about erosion and environmental issues.

All sides can make a good point for their argument.  But both sides of the speed issue are probably missing a couple key points. I hope to clarify these here.

First, in Maryland, its against the law to pass within 100 feet of a moored boat, anchored boat, dock, or land at faster than 6 knots.  That said, if everyone followed that one rule then most problems such as; boats and people being knocked around, kayaks overturned, and annoyances to those anchored out could be avoided.  Most skiers and PWC owners would probably find less people would want to get them off the creeks.  This also means that by definition, the mooring field in Fishing Creek is a 6 knot restricted area - as any anchorage would be.

Second, common courtesy towards other people on the water is missed by many people driving fast.  Courtesy especially towards kayaks is a big problem in our creeks.  

Third, Maryland has regulations that specifically define certain localities as "Speed Restricted" and lists those on its web site.  This causes confusion to boats who assume that everywhere else is not "Speed Restricted".  The reality is that the distance from piers, boats, people in the water, and density of boats in the area are all factors that DNR could use to give you a ticket for one of many unsafe boating practices.

In Oyster Harbor, its important to respect that our creeks are lined with boats, that people use the water for everything from Kayaks to 30 foot power boats, and that boats on moorings can be tossed about by wakes from boats speeding nearby.

So enjoy the creeks for everything, including skiing, tubing and your PWC.  But be conscious of those around you and watch your wake near boats and docks.

Your comments are welcome on this and any Blog topic.

Please note that DNR will be reviewing erosion caused by wakes this summer in Oyster  Creek.  

Contact the office, or myself with any questions.

Safe Boating...

COMMUNITY PIER RULES AND REGULATIONS

As part of your slip rental agreement, you must adhere to the Community Pier Rules and Regulations.  The purpose of these rules is to help ensure safety of people and property, and give everyone the opportunity to take advantage of the benefits of living in Oyster Harbor.

Please keep in mind that the slips and public launch areas in Oyster Harbor are intended to allow residents to take advantage of local waters with locally suited boats.  OHCA slips are not intended to provide competitive services to commercial marinas - nor to provide slips or services common to large boats.

The most recent Rules and Regulations are provided below. Additional Rules and Regulations are posted on the OHCA website at http://oysterharbor.org/rules.html 

OYSTER HARBOR CITIZENS' ASSOCIATION, INC.

COMMUNITY PIER RULES AND REGULATIONS

April 1, 2011

1. All Oyster Harbor property owners meeting the following eligibility requirements may be assigned a slip at a community pier subject to the following rules and regulations. The assignment of a slip constitutes a license from the Association to the slip holder to the use of the slip and its appurtenances.

2. Eligibility Requirements:

a. Boat must be owned by, and registered to, a bona fide Oyster Harbor property owner;
b. Boat must hold current registration, or be properly documented
c. Boat must be properly insured.

3. Slip fees are $2.00 per foot of boat length overall per month. Slip license agreements will take effect on May 1, and will remain in effect until April 30 of the following calendar year. Slip fees covering the entire period of the contract are due in advance upon acceptance of assignment. Slip fees must be paid by check or money order made payable to Oyster Harbor Citizens' Association, Inc. A receipt must be given for any monies collected. The slip assignment chairperson shall maintain a duplicate receipt for auditing purposes.

4. Renewals of slip license agreements shall be based on compliance with all rules and prompt payment of slip fees, and shall be subject to approval of the Piers and Harbors committee and the President of Oyster Harbor Citizens' Association, Inc.

5. Application for slip assignment must be made in writing to the slip assignment chairperson. The chairperson will make application forms available to any person requesting them. Applications must be accompanied by a $20.00 non-refundable deposit paid to the order of Oyster Harbor Citizens' Association, Inc. The deposit will be credited against fees due upon slip assignment. If a person's name is dropped from the waiting list for any reason, the deposit is forfeited.

6. Property owners may be assigned only one slip, regardless of the number of properties owned. Multiple owners of a property shall be considered one person for the purpose of slip assignment.

7. Slip holders must own a boat properly registered in their name. A sixty day grace period may be granted by the slip assignment chairperson to accommodate individuals buying or trading boats, provided adequate proof of intent is provided to the slip assignment chairperson.

8. Slip assignments or reassignments will be made in the following order:

(1) Slip holders who are over- or under-slipped, i.e., the slip size is too large or is inadequate for the boat
(2) Slip holders desiring relocation
(3) Waiting list with paid deposit
(4) Waiting list with unpaid deposit

Any slip reassignment decision made by the slip assignment chairperson shall be final, and the change shall be made immediately.

9. The slip assignment chairperson will make every reasonable attempt to notify eligible applicants of a slip availability. If all attempts at written and telephone notification are unsuccessful, after seven calendar days the next person on the waiting list will be offered the available slip. Unsuccessful attempts at notification will not be regarded as rejection of a slip, and the applicant's position on the waiting list will not be changed.

10. Applicants may reject a slip assignment once without losing their relative position on the waiting list. Upon rejecting a second slip assignment the applicant's name will be placed on the bottom of the list.

11. Offers of slip assignment shall remain in effect for seven days. Failure to accept an offer of slip assignment within seven days of notification shall be considered rejection of the assignment.

12. After accepting a slip, an applicant may request a relocation to another slip. This request will be considered as per the priorities list in paragraph 8.

13. Slip license agreements must be signed by all owners of the boat. All persons signing the slip license agreement shall be deemed to be slip holders.

14. Positions on the waiting list are not transferable.

15. Slips agreements may not be assigned or transferred. Violation of the assignment or transfer regulations shall result in automatic and immediate termination of the slip license agreement.

16. Slip holders who relinquish their slips will be placed at the bottom of the waiting list upon submitting a slip assignment request with proper deposit.

17. In the event a slip is vacated, prorated refunds covering the remainder of the slip license agreement will be made only after the slip is reassigned. The amount to be refunded will be the amount of the full slip license fee prorated from the date of reassignment of the slip until the end of the license year.

18. Slip holders may allow guests to occupy their slips for a maximum of fourteen days per year. The slip assignment chairperson must be notified of all guests. Proper notification will prevent the inadvertent removal of invited guests' boats from community piers.

19. All boats must be kept in safe and seaworthy condition. Upon notification by the assignment chairperson of a violation of this provision, the boat owner shall take immediate steps to correct any safety or seaworthiness violation. If the situation is not corrected within thirty days after notice is sent to the boat owner at the address set forth in the slip license agreement, the boat will be removed from the slip at the owner's expense. In situations where a grave danger to community safety or a pollution hazard exists, the slip assignment chairperson may take immediate action to correct the situation, at the owner's expense.

20. All boats in slips must display a current registration sticker or hold proper documentation.

21. Slip holders shall be held responsible for all damages caused by their boat, regardless of the identity of the operator. Slip holders shall ensure that all operators exercise proper caution and observe the rules of good seamanship when operating in the harbor, or close to the community swimming area. Operators shall obey all U.S. Coast Guard and Department of Natural Resources regulations. No overboard discharging of heads is permitted.

22. Neither slip holders, nor any guests, agents, or employees of a slip holder, may make any improvements, repairs, or modifications to slips, pilings, or docks, or to any electric or other utility installations serving the slips, piers or docks, without the express written consent of the Board of Directors of Oyster Harbor Citizens' Association, Inc. Any approved improvements, repairs or modifications shall become the property of the Oyster Harbor Citizens' Association, Inc., and the slip holder shall have no claim thereto, including any claim for compensation upon the termination of the slip license agreement. If any such person shall make an unauthorized improvement, repair or modification, the slip holder, at the option of the Association's Board of Directors, either shall restore the slip, piling dock or utility installation to its preexisting condition, or shall pay to the Association as damages the cost of doing so.

23. Slip holders are responsible for the conduct of their guests. Violation of these rules by a guest of the slip holder shall be deemed a violation by the slip holder. Slip holders also are responsible for maintaining the cleanliness of the piers around their assigned slip.

24. No fires, including charcoal grills, are allowed on the piers or on a boat moored to the pier.

25. All pets must be kept on a leash except when on board a boat. Pet droppings must be removed from community property immediately. Pets shall not be left tied to community property when the owner is not present.

26. Small boats, dinghies, and tenders are to be stored in designated areas of community property only.

27. Noisy operation of boat engines while at the piers is prohibited. Sailboat booms and halyards shall be secured in a manner that prevents noise during high winds.

28. Trash or debris containing petroleum products or residue, or any other hazardous substance, shall not be placed in community trash receptacles or left anywhere on community property, except at a location which expressly may be designated by the Oyster Harbor Citizens' Association, Inc., for that purpose.

29. Any appeal of a decision made by the slip assignment chairperson must be made in writing to the Board of Directors of Oyster Harbor Citizens' Association, Inc.

30. Each slip holder must be given a copy of the community pier rules and regulations upon making application for a slip license agreement.

31. Slips are assigned in a manner that ensures the fairest use of slips by community members. Any slip holder who fails to use the assigned slip on a regular basis shall have the slip license agreement terminated for the good of the community.

32. Copies of all executed slip license agreements shall be distributed as follows:

a. Original to slip holder;
b. Copy to slip assignment chairperson;
c. Copy to President.

33. If, for any reason, the slip holder is unable to comply with these rules and regulations, the slip license agreement may be terminated for the good of the community.

34. Slip holders shall be responsible for any and all injury/damage to any person or property caused by the negligence, gross negligence, or intentional wrongful act or omission, of the slip holder or any guest, agent or employee of the slip holder. Upon demand, the slip holder promptly shall reimburse the Oyster Harbor Citizens' Association, Inc., for any such damage caused to the dock, piers, pilings, slips or community property. The slip holder shall hold harmless and indemnify the Oyster Harbor Citizens' Association, Inc., and its agents, servants and employees, from and against all claims, demands, judgments or liability of any nature whatsoever, by any person whatsoever, arising from the negligence, gross negligence, or intentional wrongful act or omission, of the slip holder or any guest, agent or employee of the slip holder.

35. Neither the Oyster Harbor Citizens' Association, Inc., nor any agent, servant or employee of the Association, shall be liable for any loss, damage, or personal or bodily injury or death, except as may be caused by the intentional wrongful act by the Association, or its agents, servants or employees, to the person or property of the slip holder or the slip holder's family and guests, including the boat, its inventory and equipment, whether such loss, damage or personal or bodily injury or death be occasioned by fire, theft, Act of God, or any other cause or condition. The slip holder shall indemnify and save harmless the Oyster Harbor Citizens' Association, Inc., and its agents, servants and employees, from or against all claims, demands, judgments or liability of any nature whatsoever, by any person whatsoever, arising from or in connection with the berthing, maintenance, use and operation of the boat in the slip or at or about the Association's piers and docks, or the use of the slip, piers or docks by the slip holder or the slip holder's guests, agents or employees. The slip holder shall assume full responsibility for any and all personal or bodily injury or death and property damage arising out of the berthing, maintenance, use and operation of the boat in the slip or at the piers or docks, or occurring to the slip holder, and the slip holder's guests, agents and employees, through the use of the slip, piers and docks. The slip holder shall procure and maintain during the term of the slip license agreement, and submit with the slip license agreement proof of insurance ($500,000 combined single limit minimum liability insurance and property damage insurance in an amount not less than the value of the boat and its contents) with respect to the slip holder's responsibilities under the slip license agreement, and the failure to maintain such insurance in full force and effect shall be cause for cancellation of the slip license agreement. Any such policy of insurance shall name the Oyster Harbor Citizens' Association, Inc., and its agents, servants and employees, as additional insured’s.

36. Slip holders shall comply with all laws, ordinances, rules and regulations governing the use of the community dock, piers and slips, and the operation of boats therein, in any waters in the vicinity of the Association's piers and docks, and in the harbor.

37. Upon default or violation by the slip holder of any of the terms and conditions of these rules and regulations or the slip license agreement, which shall include violation of any law, ordinance, rule or regulation of the United States Coast Guard, State Department of Natural Resources, or any other governmental agency, non-payment of dockage fees or any other sum due under these rules and regulations or the slip license agreement within thirty (30) days after such payment is due, or other default in the performance of any other obligation imposed upon the slip holder, the Oyster Harbor Citizens Association, Inc., at its option, by mailing written notice to the slip holder at the address specified in the slip license agreement, may declare the slip license agreement to be in default and, thereupon, shall have all rights and remedies available under the laws of the State of Maryland to recover possession of the slip and evict and expel the boat there from, and recover unpaid dockage fees and other sums, and the slip license agreement shall be terminated. The slip holder, upon default, shall voluntarily vacate the slip upon demand.

38. If a slip holder violates the slip license agreement, the slip holder shall pay to the Oyster Harbor Citizens' Association, Inc., the reasonable attorney fees, costs and expenses incurred by the Association in enforcing its rights under the slip license agreement or curing any breach of such agreement.

39. This Agreement, when properly executed by all parties, is in effect month to month from May 1, 2011 to April 30, 2012. If you are notified to vacate your slip during the demolition/ construction phase of the Piers and boat slips Refurbishment Project, your slip fee during that period will be refunded on a pro-rata basis. You will be responsible to make alternate arrangements for berthing your boat and removing your dock lines. Failure to remove your boat after being notified will result in removal of your boat from the community pier at owner’s expense. This Agreement is not transferable or assignable.