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enforcement authorities on shore any person committing an assault | upon the harbor master or another person acting under the harbor | master's authority. |
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| | | For purposes of this subsection, "territorial waters" has the | | same meaning as provided in section 6001, subsection 48-B. |
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| | | Sec. 3. 12 MRSA §13072, sub-§§4 and 5 are enacted to read: |
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| | | 4.__Power to arrest for assault.__The municipal officers may | | prohibit a harbor master from making an arrest or carrying a | | weapon.__A harbor master who is not prohibited from making | | arrests may arrest and deliver to the law enforcement authorities | | on shore any person committing an assault upon the harbor master | | or another person acting under the harbor master's authority.__A | | harbor master may not make arrests or carry a firearm unless the | | harbor master has successfully completed the training | | requirements prescribed in Title 25, section 2804-I. |
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| | | 5.__Mooring sites.__The regulation of moorings in inland | | waters is governed by Title 38, except that Title 38 may not be | | construed to require the municipal officers of a town that does | | not border or contain territorial waters to appoint a harbor | | master upon the request of a person desiring mooring privileges | | or the regulation of mooring privileges.__Nothing in this | | subsection limits or expands a municipality's authority to | | regulate moorings under Title 38 or as otherwise provided in law. |
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| | | Sec. 4. 38 MRSA §1, as amended by PL 1999, c. 682, §6, is further | | amended to read: |
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| | | §1. Appointment; compensation |
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| | | The municipal officers of a town that borders or contains | | territorial waters, on request by any person desiring mooring | | privileges or regulation of mooring privileges for boats or | | vessels, shall appoint a harbor master for a term of not less | | than one year, who is subject to all the duties and liabilities | | of that office as prescribed by state law, municipal ordinances | | and regulations adopted by the municipal officers, municipal | | harbor commissioners, municipal port authorities or other such | | bodies empowered to regulate municipal harbors. The municipal | | officers may establish the harbor master's compensation and, for | | cause by them declared in writing, after due notice to the | | officer and hearing, if requested, remove the harbor master and | | appoint another one. |
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| | | The municipal officers may prohibit a harbor master from | | making arrests or carrying a weapon. A harbor master may not |
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