[Adopted 9-9-1996 by Ord. No. 4-96-0203 (Ch. 4, Art. III, of the 1991 Code)]
A.
Findings. The Coventry Town Council finds Tiogue Lake
to have an average depth of six feet with many protruding stumps and
rocks; and the Town finds that these concerns over public safety on
Tiogue Lake are of paramount importance; and, furthermore, the Town
Council finds that there are several conflicts between the intensity
and variety of uses of water vehicles on Tiogue Lake.
B.
The following article relating to the speed limit
of personal watercraft and water vessels on Tiogue Lake in the Town
of Coventry, Rhode Island, is hereby adopted by the Honorable Town
Council.
As used in this article, the following terms
shall have the meanings indicated:
The slowest speed at which a vessel can be operated and maintain
steerage way. Such speed will not exceed four miles per hour.
A person who operates or who has charge of the navigation
or use of a watercraft or vessel.
A vessel which uses an inboard motor powering a water jet
pump as its primary source of motive power and which is designed to
be operated by a person sitting, standing or kneeling on the vessel,
rather than the conventional method of sitting or standing inside
the vessel.
All watercraft used or capable of being used as a means of
transportation on or in the water.
A.
No water vessel or personal watercraft shall be operated
at a speed of more than 35 miles per hour on or in Tiogue Lake in
the Town of Coventry. Any vessel operating within 200 feet of shore,
swimmers, divers, fisher persons or moored vessels shall not exceed
headway speed as regulated by R.I.G.L. § 46-22-9.5(a).
C.
Nothing contained in this article shall be construed
to permit or approve any speed greater than what is reasonable and
safe in consideration of local conditions, water traffic, persons
swimming or fishing or when approaching or leaving shore.
The Town of Coventry Police Department and the
Rhode Island Department of Environmental Management are empowered
to enforce the provisions of this article.
A.
In accordance with R.I.G.L. § 46-22-9.5,
any person who violates any provision of this article shall be subject
to the following penalties:
(1)
The first violation, if no greater than 10 miles per
hour over the speed limit, shall be a civil offense which shall require
payment of a fee of $25, and the violator may be required to attend
a boating safety course.
(2)
Any violation in excess of 10 miles per hour over
the speed limit shall be deemed a misdemeanor with fines as follows:
(a)
Eleven to 15 miles per hour in excess of speed
limit: $50.
(b)
Sixteen to 20 miles per hour in excess of speed
limit: $75.
(c)
Twenty-one to 25 miles per hour in excess of
speed limit: $100.
(d)
Greater than 25 miles per hour in excess of
speed limit: $5 per mile per hour in excess of speed limit.
(3)
Repeat offenders will be adjudicated by the court
system and may result in expulsion from Lake Tiogue.
B.
Original concurrent jurisdiction shall rest with the
District Court or Municipal Court.
