Article 4 Explained

Article 4 - LAND USE ORDINANCE AMENDMENT – Cruise Ship Disembarkation – Shall an ordinance dated August 2, 2024 and entitled “An amendment to repeal and replace the permit requirements for disembarking persons from cruise ships” be enacted?

This question asks if you want to repeal the Citizens' Initiative (125-77H) passed in 2022 that limits passenger disembarkation to 1000 passengers a day. This citizens' initiative received a 58% majority vote and was upheld in Federal Court. Article 4 will take away all citizen initiated control of the cruise ship regulation and increase passenger caps to 3200 (plus) passengers a day.

Article 4 would replace the 1000 passenger cap through a new ordinance Chapter 50 and contractual agreements the Town Council has made with the Cruise Lines and Pier Owners (Ocean Properties). These 5-year contracts have automatic annual
extensions beginning November 2026. This means the earliest change in passenger cap
numbers you could see would be 2030.

Uphold the Citizens' Initiative

Replace it with Article 4 and the Chapter 50 ordinance

What will happen if Article 4 is approved?

The fight to control cruise ship traffic isn't just about numbers - it's about truth.

Article 4 will repeal the 1000 passengers a day disembarkation limit of current Land Use Ordinance 125-77(H).

Article 4’s daily passenger caps of 3200 (plus) in Chapter 50 will more than triple the current 1000 daily cap approved by the voters.

Passenger caps will not be able to be changed without the written agreement of the Cruise Lines.

If the Town Council decides to terminate contracts, the earliest this can go into effect is November 2029. No action will result in automatic renewal of these contracts indefinitely.

Article 4 will replace our Citizens' Initiative with Chapter 50, a new ordinance controlled by the Town Council, NOT Bar Harbor Voters.

Article 4 will give control to the Town Council, Cruise Lines and Pier Owners (Ocean Properties), not Bar Harbor Citizens. The cruise line and Pier Owners contracts both state that they cannot be affected by changes in Town laws or rules.

Article 4 limits the voter’s role to approving or disapproving the Town Council’s negotiated changes in the 3200 (plus) passenger cap, or their decision to terminate one or more contracts.

The Town will not be able to alter or supersede the terms and conditions in the Pier Owners (Ocean Properties) contract, without the written agreement of the Pier Owners.

The legality of the Citizens' Initiative has been upheld in a major Federal Court victory. The Town of Bar Harbor's attorney supports the Chapter 52 rules that enforce the Citizens' Initiative. He states:

“To be very clear, our opinion was and remains, that Chapter 52 is lawful, enforceable and legally defensible... and we are prepared to do that.”

Town Council Public Hearing, 8/27/2024 at time stamp 2:56:07 of the video stream.

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