[HISTORY: Adopted by the Town Council of
the Town of Portsmouth 4-9-2001 by Ord. No. 2001-4-9; amended in its entirety 11-12-2019 by Ord. No.
2019-11-12. Subsequent amendments noted where applicable.]
The Town of Portsmouth establishes the following goals for this
chapter:
A.Â
To regulate uses and activities within the waters of the Town, as
described herein; to protect the coastal environment; to minimize
user conflicts; to maximize the efficient use of both the water space
and Town-owned waterfront consistent with the other goals expressed
herein; and to maintain and improve public access to and from the
waters of the Town for the benefit of all user groups, including residents
and nonresidents with or without boats, who seek to use Town waters
for passive and active recreation.
B.Â
To distribute equitably the burdens and benefits of harbor management
and development among commercial mooring operators, private mooring
owners, other groups or individuals with special interests in the
water and the waterfront, and the Town.
C.Â
To prevent the loss of life and property by preparing the community
for storm events, having a local waters preparedness, response and
recovery plan and to integrate harbor hazard mitigation activities
with other, on-going local hazard mitigation programs.
D.Â
To remain consistent with the authorities granted the Town under
§ 46-4-6.13 of the General Laws of Rhode Island and with
the goals, policies, and regulations of the Portsmouth Comprehensive
Community Plan, the Portsmouth Harbor Management Plan, the Portsmouth
Emergency Operations Plan, the Rhode Island Coastal Resources Management
Program, the Rhode Island Department of Environmental Management,
the United States Army Corps of Engineers and the US Coast Guard.
E.Â
To provide for Harbormaster and Harbor Commission authority and duties.
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
To secure a vessel temporarily to the bottom of a water body
by dropping an anchor or anchors or other ground tackle from a vessel.
Any person or company approved as an inspector of mooring
tackle by the Town Council at the recommendation of the Harbormaster.
A Portsmouth police officer, reserve police officer or civilian
appointed by the Portsmouth Chief of Police to assist the Harbormaster.
Any owner of a boat.
Any water areas that are federally, municipally or privately
maintained and reserved for unobstructed movement of vessels.
All waters bordering the Town from the shore to a distance
of 500 feet seaward not included in the designation "harbor waters."
Any mooring that a person, marina, shipyard, yacht club,
or other organization makes available to lease or rent to others.
A vessel licensed and used primarily for any type of commercial
venture, including, but not limited to, fishing, towage, salvage,
and the carriage of passengers for hire.
A vessel of any type which the Harbormaster determines is
in a badly deteriorated enough condition to likely cause damage to
public or private property or become a hazard to navigation.
The site from which Portsmouth officials exercise direction
and control operations. In Portsmouth, the EOC is located on the second
floor of the Portsmouth Fire Station.
The document which details how Portsmouth will respond to
disaster events. The EOP is administered by the Portsmouth Emergency
Management Agency and identifies the available personnel, equipment,
facilities, supplies and other resources and methods for coordination
in the event of a natural or man-made disaster.
Any designated and/or maintained water areas, usually within,
but not limited to harbors or mooring fields, reserved for the unobstructed
movement of vessels.
A private mooring made available by the mooring permit holder
for use, at no charge, by a guest vessel that is not owned by the
mooring permit holder.
The local advisory body appointed by the Town Council to
assist in updating the Harbor Management Plan at regular intervals,
to implement selected provision of such plan, to assist in updating
the Harbormaster Ordinance as needed and to advise the Town Council
on waterfront and coastal resource issues within the Town.
The individual, typically a Portsmouth police officer, responsible
for the enforcement of the provisions of this chapter. The Harbormaster
reports to the Chief of Police. Candidates for the position of Harbormaster
are recommended by the Police Chief to the Town Administrator who
in turn makes a final recommendation to the Town Council for approval.
The slowest speed at which a vessel can operate and maintain
steerage.
A large, flat bottom boat with a superstructure resembling
a house, used as a residence.
To secure a vessel to the bottom of a water body semipermanently
or seasonally.
All hardware or tackle used to moor a vessel. For the purposes
of this chapter, a mooring is considered either commercial or private.
A three member subcommittee of the Harbor Commission, approved
by the Town Council to sit as the board of appeals to hear any persons
aggrieved by a decision of the Harbormaster in the enforcement of
the mooring regulations of this chapter.
Those harbor areas designated by the Town for the placement
of moorings.
A license authorized by the Town of Portsmouth granting the
permittee the privilege of using an assigned mooring space in the
waters of the Town for a specified season.
The specific space assigned by the Harbormaster to the holder
of a valid mooring permit for the placement of a mooring.
Designated mooring fields in which the discharge of grey
water is prohibited.
Any individual, business, corporation, or association that
does not meet the definition of "resident."
Notice in so far as the holder of a mooring permit is concerned
shall be defined as registered mail, returned receipt requested and
regular first class mail sent to the address of record on the mooring
permit from the Harbormaster, or e-mail with a read receipt.
A non-single-point anchoring device, for the purpose of securing
a boat in tidal waters and retrieving it from shore. Referred to as
a "pully line" in the previous ordinance.
Includes individuals, corporations, societies, associations
and partnerships.
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.
See "outhaul."
Two or more vessels, excluding dinghies or other tenders,
attached to each other while moored or at anchor.
Any vessel designed for self-propelled navigation on the
water and used primarily for pleasure.
Any boat owner authorized to have a boat registered to a
mooring in the Town.
Any real property taxpayer, or full-time inhabitant, or registered
voter of the Town of Portsmouth.
An unobstructed path or corridor from a public or private
thoroughfare or facility leading to or along the waters of the Town
and shoreline areas below the mean high water line.
A deeded parcel of land within the Town having a portion
of it border contiguous with the shoreline.
Any mooring in Town waters installed and maintained by the
Town of Portsmouth.
The harbor and coastal waters under Town jurisdiction described in § 215-3 of this chapter.
Every description of watercraft used, or capable of being
used, as a means of transportation on water, with the exception of
seaplanes, houseboats, and floating businesses.
The Town of Portsmouth hereby assumes management authority for
the purposes of this chapter consistent with the powers, duties, and
authorities granted under § 46-4-6.13 of the General Laws
of Rhode Island over the following waters:
A.Â
Harbor waters. The waters of three harbors: Inner Potter's Cove,
Blue Bill Cove, and Coggeshall Cove.
B.Â
Coastal waters. All waters bordering the Town from the shore to a
distance of 500 feet seaward from the shoreline not included in the
designation "harbor waters."
C.Â
Mooring fields. Portions of any and all designated mooring fields
that extend beyond 500 feet seaward from the shoreline.
A.Â
Harbor Boundaries.
(1)Â
Inner Potter's Cove: The shoreline of Potters Cove on Prudence
Island to a line running from the eastern tip of Gull Point in a southwestward
direction to the facility commonly known as "the Rossi Family Dock."
(2)Â
Blue Bill Cove: The shoreline of the waters commonly known as "the
Cove" in Island Park to a line running from the southern tip of Hummock
Point southward to the northern tip of Almy Point (under "the Escape
Bridge").
(3)Â
Coggeshall Cove: Bounded by the eastern shore of Patience Island
on the west, the western shore of Prudence Island on the east, a line
running from the southern tip of Patience Island to the nearest point
on Prudence Island on the south, and a line running from the easternmost
point of Patience Island to the nearest point on Prudence Island on
the north.
B.Â
Mooring Field Boundaries: See Section 2.3.3 of the Portsmouth Harbor
Management Plan.
D.Â
Portsmouth Basin: The expanse of water between Portsmouth and Tiverton,
south of the navigational aid, Can "17," and north of the Stone Bridge
Abutment.
A.Â
Powers and duties.
(1)Â
The Harbor Commission shall be the local advisory body authorized
by the Town Council to assist in management of the coastal waters
and harbor areas of the Town through the implementation of the Harbor
Management Plan and to advise the Town Council on waterfront and coastal
resource issues. The Harbor Commission shall adopt rules of procedure
and operation for its meetings and, among its powers and duties, is
authorized to:
(a)Â
Review and make recommendation for revisions as necessary to
the Harbor Management Plan for Town Council and Rhode Island Coastal
Resources Management Council approval. The Harbor Management Plan
shall be reviewed and updated at least once every five years.
(b)Â
Review and make recommendation for revisions as needed to the
provisions, rules, regulations, fees, and penalties as set forth in
the Harbormaster Ordinance as needed.
(c)Â
Carry out selected action items delegated to the commission
in the implementation schedule of the Harbor Management Plan.
(d)Â
Assist Town officials in the preparation of the annual Harbormaster
budget, including recommendations for moorings fees.
(e)Â
Monitor the condition of Town-owned waterfront structures such
as docks, bulkheads, rights-of-way and boat ramps generally and, at
least annually, recommend to the Town Administrator and the Town Council
plans for the use, maintenance, repair, and improvement of said features,
as needed.
B.Â
Composition.
(1)Â
The Harbor Commission shall consist of nine to 12 qualified electors
of staggered terms, appointed by the Town Council after qualification
review. In order to achieve diversity in the commission, preference
shall be given to representatives of each of the following groups:
(2)Â
The Town Council may appoint up to two auxiliary members of the Harbor
Commission to serve for three-year terms, said terms arranged to fit
the staggered term system as provided herein. Said auxiliary member
or members shall sit as active members when and if a temporary vacancy
or vacancies so require, upon request of the Chairman of the Commission.
(3)Â
The Harbormaster shall act as a nonvoting member. The Town Council
shall have one or more of its members act as liaisons to the Commission
and the Town Planning Department shall staff the Commission as needed.
C.Â
Terms. Harbor Commission members shall be appointed for overlapping
three-year terms so that two or more of the membership terms will
expire each year. In the event of a vacancy during a term, the Town
council shall appoint a new member from the same category of member,
if feasible, to fill the remainder of the term. There are no term
limits, but members must re-apply upon their term expiration.
D.Â
Organization. A chair and vice-chair of the commission shall be chosen
annually from the membership by vote of the Commission. The chair
shall be responsible for calling and conducting all meetings of the
Commission. In the absence of the chair, the vice-chair shall assume
those responsibilities. A quorum shall be defined as a simple majority
of members.
E.Â
Finances; budget. All revenues from harbor operations, including
but not limited to mooring permit fees and other fees of this chapter
as well as fines levied under the authority of this chapter, shall
be held in a segregated harbor management account maintained by the
Town Finance Department. Funds shall be dispersed for purposes directly
associated with the management and implementation of the Harbor Management
Plan and this chapter. Nonbudgetary expenditures from the harbor management
account, including additional staff support, must be authorized by
the Chief of Police and must be approved by the Town Administrator
and the Town Council. The harbor management account shall be established,
budgeted and administered in a manner consistent with the procedures
of the Town of Portsmouth.
F.Â
Compensation. Harbor Commission members shall serve without pay,
but may be compensated for expenses incurred in the performance of
their duties.
There shall be a Harbormaster for the Town who shall be an employee
of the Portsmouth Police Department, serving at the pleasure of the
Chief of Police. The Harbormaster shall function in the capacity of
a peace officer, and have the authority to investigate and enforce
provisions of federal and state laws and regulations and the provisions
of this chapter. The Harbormaster shall cooperate in connection with
enforcement with such federal, state and local agencies as may, from
time to time, be charged with similar or related responsibilities.
The Harbormaster shall have the following duties:
A.Â
Be responsible for the administration and enforcement of the provisions
of this chapter; all state laws regulating the speed, management and
control of vessels; and the size, type, location and use of all moorings
within the waters under the jurisdiction of the Town of Portsmouth.
B.Â
Process applications for the issuance of mooring permits and assign
proper placements of moorings in accordance with this chapter.
C.Â
Keep proper records of all mooring application information including
the location of moorings, mooring owners and vessel usage of mooring,
type (name, motor or sail) and size of vessel using the mooring, type
of marine sanitation device (if applicable) on board, copy of current
boat registration, and amount of payment for mooring permit application.
These records shall be available for public review at the Portsmouth
Town Hall.
D.Â
Prepare, keep current, and make available on request a waiting list
for mooring permits in accordance with the provisions of this section
if the demand for available mooring permits is greater than the number
of available mooring locations in any given year. The waiting list
shall be available for public review at the Portsmouth Police Department.
E.Â
Ensure the inspection of mooring tackle in accordance with the provisions
of this chapter, including the approval of all mooring inspectors.
F.Â
Submit a quarterly report to the Harbor Commission, to be forwarded
to the Town Council, indicating all Harbormaster activities that have
gone on during the period including, but not limited to, mooring permit
processing and the movement/inspection/removal of all moorings, total
Town moorings by class, number of vessel stops and violations issued.
G.Â
With the Harbor Commission, recommend amendments to the provisions,
rules, regulations, fees, and penalties as set forth in the Harbormaster
Ordinance as needed.
H.Â
Coordinate the maintenance and repair of patrol boats and related
equipment.
I.Â
Assist the Chief of Police, the Harbor Commission, the Town Administrator
and the Director of Finance in preparing and implementing the Harbormaster
operational budget.
J.Â
Carry out all other powers and duties authorized to the Harbormaster
under various state and federal marine laws including, but not limited
to, Marine Sanitation Devices (MSD) inspection and discharge responsibility
afforded through the U.S. Coast Guard, Marpol Annex V, section 312
(33 U.S.C. § 1251 et seq.) of the Clean Water Act, R.I.G.L.
1956, § 46-22-1 et seq., and future laws yet to be enacted.
A.Â
Mooring location and density.
(1)Â
No person shall place or cause to be placed a mooring within Town
waters without receiving a mooring permit for the placement thereof
by the Harbormaster, issued in strict compliance with the provisions
of this chapter. Any such mooring placed without the approval of the
Harbormaster may be removed and any such expenses incurred shall be
charged to such person placing the mooring. The Harbormaster may order
the removal of any mooring which in his or her determination constitutes
a hazard to navigation, a danger to the public or a violation of the
provisions of this chapter. The Harbormaster shall determine the precise
location of every mooring, with due regards to mooring field location
and space available, to the maximizing of available space, and to
the safety of the vessel.
(2)Â
Except for riparian moorings, all moorings and moored vessels must be located and at all times remain within the perimeter of a mooring field established in § 215-4 of this chapter. The precise location of each mooring, commercial or private, within the mooring fields shall be made by the Harbormaster, taking into consideration appropriate fairways within the mooring fields. Placement of private or commercial moorings in federal navigation projects is prohibited.
(3)Â
No mooring shall be permitted more than 500 feet from the shore unless
it falls in a designated mooring field.
B.Â
Moorings associated with riparian properties. Riparian property owners
shall be allowed one mooring in those waters immediately adjacent
to the waterfront property. The mooring owner must comply with all
mooring permit application procedures and requirements and receive
a mooring permit as described in this chapter. If shoreline or other
considerations preclude the placement of a mooring immediately adjacent
to the waterfront property, the mooring shall be placed in the nearest
mooring field with priority consideration being given to the proximity
of the waterfront owner.
C.Â
Guest moorings. Owners of riparian property shall be allowed one
guest mooring to be located in waters immediately adjacent to the
waterfront property. The mooring owner must comply with all mooring
permit application procedures and requirements and receive a mooring
permit as described in this chapter. If shoreline or other considerations
preclude the placement of a mooring immediately adjacent to the waterfront
property, the mooring shall be placed in the nearest mooring field;
however, private nonguest moorings shall be given priority over guest
moorings in regards to placement. Guest moorings may not be rented
or leased, or be used by the same vessel for more than 14 days in
a calendar month. Applications for private guest moorings must specify
the length of the largest vessel able to occupy the mooring under
normal conditions. Existing guest moorings issued under the previous
ordinance may be renewed on a yearly basis provided they comply with
all application procedures, mooring tackle specifications and inspection
schedules described in this chapter.
D.Â
Mooring permit allocation. The Harbormaster shall maintain a chronological
waiting list of all applicants requesting a private, commercial, riparian
or guest mooring permit. The waiting list shall be updated at least
twice a year and shall be available to the public at all times for
inspection. All applications for moorings, resident and nonresident,
will be considered in the order in which they are received. Notwithstanding,
when the ratio of resident holders of private mooring permits (riparian
and guest permits excluded) to nonresident holders of private mooring
permits is consistent with CRMC's no greater than 3:1 requirement,
mooring permits will be granted by the Harbormaster in order to maintain
the ratio at that level. Full-time Prudence Island residents with
registered vessels will receive first priority of available moorings
in inner Potters Cove (IPC mooring field).
E.Â
Private mooring application procedures.
(1)Â
New mooring applications. Every applicant, both riparian and nonriparian,
for a new private mooring permit shall submit a mooring permit application
form. This form shall contain the name, mailing address, resident
status, and relevant telephone numbers of the applicant and the desired
location of, and point of access to, the proposed mooring. The Harbormaster
shall notify the applicant in writing within five days whether, given
the availability of space, the applicant may apply on the same schedule
and on the same application form as renewal applicants or must be
placed on a waiting list. To be placed and kept on the waiting list,
applicants must, on an annual basis, fill out a brief waiting-list
renewal form and pay any required waiting list fees.
(2)Â
Renewal permits applications. Mooring permits must be renewed annually.
Every applicant for a private mooring permit must show ownership,
or the right of exclusive use, of a vessel in need of a mooring. The
Harbormaster or his appointee shall mail renewal permit applications
in January to existing individual permit holders with a return deadline
of March 15. The completed application forms shall contain at a minimum
the following information: i) the name, summer and winter mailing
address, [and] resident status, email address, and relevant telephone
numbers of the applicant; ii) the type of vessel and whether it is
power or sail; iii) the length, beam, draft, displacement, sanitation
system, and name of the vessel; iv) a copy of the vessel's registration
or documentation certificate (and in addition, for leased vessels,
a copy of the lease agreement); v) the size, type, proof of inspection,
and precise location of the existing mooring; vi) the point of access
to the mooring; vii) if applicable, the storage location of the dinghy;
and viii) the date the vessel is expected to be on the mooring. In
consultation with the Harbor Commission, the Harbormaster may from
time to time amend the mooring permit application.
(3)Â
A private mooring permit may not be held by more than one individual
or by more than one association, partnership, or corporation, or any
other legal entity at a time. All applications must be accompanied
by the appropriate fee and shall be received at the harbor office.
No private mooring shall be granted for any vessel that has another
private mooring in the harbor or coastal waters of Portsmouth. Nonresident
yacht clubs or other organizations applying for private moorings to
be used by more than one vessel during a season must list the names
of all vessels eligible to use the mooring and shall be charged the
commercial mooring fee.
F.Â
Commercial mooring application procedures.
(1)Â
New permit applications. New applications for commercial mooring permits by clubs, businesses and organizations in harbor waters must be approved by the Harbormaster and must conform to the percentage limitations for harbor waters stated in § 215-7D, above.
(2)Â
Renewal permits applications. All commercial mooring permits shall
be renewed annually. In any mooring field where proposed or existing
commercial moorings exceed 20% of the mooring field capacity as of
April 1 of the season ahead, no commercial mooring permits shall be
renewed if issuance or renewal will result in denial of an application
or renewal of a residential mooring permit in said mooring field.
Commercial operators shall provide the size, type, proof of inspection,
and precise location of their existing moorings on an annual basis.
For vessels on moorings to be leased seasonally, commercial mooring
operators must provide the harbor office with the registration number,
name and length of each vessel and the name of each owner by June
15 of each year. For moorings leased seasonally after June 15, they
must provide the information as soon as reasonably practicable.
(3)Â
General. In harbor waters, commercial mooring operators must fulfill
the requirements of Section 300.4.E.1 (a) and (b) of the Rhode Island
Coastal Resources Management Program as they relate to the provision
of sanitary facilities and parking.
G.Â
Relocation of existing permitted mooring.
(1)Â
All nonriparian existing permitted moorings not located in a mooring field as established in § 215-4 of this chapter shall be relocated at the direction of the Harbormaster. The Harbormaster shall develop a list of those moorings needing to be relocated, notify the mooring permit holder at the time of permit renewal and establish specific dates for mooring relocation based on the two-year mooring inspection schedule, with moorings being relocated at the time of the required inspection. The Harbormaster shall determine the precise location of the relocated mooring and verify that the mooring has been relocated on schedule. All relocation activity shall be reported to the Harbor Commission which will in turn notify the Rhode Island Department of Environmental Management of said activity until such time as all existing nonriparian moorings are located in designated mooring fields.
(2)Â
No existing permitted mooring shall be relocated either by the mooring
permit holder or another person without the approval of the Harbormaster.
(3)Â
All requests for relocation of existing permitted moorings must be
submitted in a written request to the Harbormaster. Information for
such a request must meet the requirements for a mooring permit application,
as well as show proof of a valid mooring permit issued for the previous
or current year. The reasons for a mooring relocation must be clearly
stated in the request. The Harbormaster shall respond to the request
within 15 days. Any request received by the Harbormaster that is not
complete shall be returned to the applicant and no action will be
taken on the matter until a completed form is returned.
(4)Â
The Harbormaster shall maintain a chronological list of all applicants
requesting a mooring relocation. The list shall be updated at least
twice a year and shall be available to the public at all times.
H.Â
Mooring occupancy and transfer.
(1)Â
Private mooring permit holders may request permission from the Harbormaster
to allow any vessel other than that described in the application to
use the mooring permitted for more than seven consecutive days. The
Harbormaster may permit the temporary use of a mooring by another
vessel for a longer period upon receiving a written request by the
permitted mooring owner. Private permit holders are required to obtain
authorization from the Harbormaster prior to the permitting a larger
vessel in the assigned mooring space. Private permit holders are prohibited
from charging a fee for the temporary use of their moorings. The Harbormaster
shall have the authority to move or cause to be moved any vessel violating
the provisions of these regulations, at the expense and risk of the
vessel owner.
(2)Â
If a mooring should remain unoccupied by its permit holder for a period of one season, the Harbormaster shall inquire in writing as to the permit holder's future intentions. If the permit holder does not intend to place a boat on the mooring, the Harbormaster may choose not to renew the permit holder's permit. The permit holder shall have the right to appeal such a decision to the Mooring Appeals Committee as stipulated in § 215-9, Appeals.
(3)Â
No private mooring space assignment shall be sold, assigned, or transferred
by a mooring permit holder, except that on written notice to the Harbormaster
a permit holder or a person on the waiting list may transfer a mooring
permit or a place on the waiting list to an immediate family member.
"Immediate family member" is limited to a brother, sister, mother,
father, spouse, child or grandchild. The transfer shall be on a one-time
basis and the mooring permit transferee shall be prohibited from subsequently
transferring that private mooring permit under any circumstance. All
private mooring permits that are forfeited by or not renewed by the
transferee shall be made available to individuals on the waiting list.
(4)Â
Any assigned mooring space given up by a permit holder reverts to
the Harbormaster for assignment to the next person on the relocation
or waiting list.
I.Â
Fees. The Harbor Commission and Harbormaster shall annually recommend
to the Town Council a proposed schedule of fees as part of the Town's
annual budget. The Town Council shall establish such rates no later
than November 15 of each year. The Town Council may charge fees for
all mooring permits, mooring inspector applications and for waiting
and relocation list applicants. Higher fees may be charged for nonresident
and commercial moorings. The Town Council may assess late penalty
fees provided these are indicated on, or enclosed with, the appropriate
application forms.
J.Â
Mooring markings.
(1)Â
Each mooring in Town waters will be assigned a number by the Harbormaster.
This number will be displayed in contrasting color on each mooring
buoy, pick-up buoy, chain-through ball and winter marker in block
letters at least four inches in height. It is the responsibility of
the registered mooring holder to maintain these marking in clear and
readable fashion.
(2)Â
In the event the Harbormaster discovers an unnumbered mooring, buoy,
ball or marker he or she shall attach thereto a tag ordering the owner
thereof to submit to the Harbormaster the information concerning the
owner thereof and vessel making use thereof. After 14 days' notice
of delinquency the Harbormaster may fine the owner $5 a day for any
mooring not properly marked and/or remove said mooring, buoy, ball
or marker. Any vessel inappropriately moored and considered a hazard
to navigation may be removed immediately.
K.Â
Mooring specifications.
(1)Â
Responsibility for moorings: Although the Town sets the following
minimum standards for moorings and inspection for all moorings in
the waters of the Town, owners of moorings shall be solely responsible
for the safety and reliability of their moorings. Heavier tackle and
more frequent inspections than the required minimum are strongly recommended
in all cases. This is especially so where moorings are in exposed
locations or are holding vessels of greater than average displacement.
(2)Â
Anchors: Mushroom anchors, Helix or concrete blocks shall be used
for moorings in the waters of the Town, unless otherwise authorized
by the Harbormaster or mandated by state or federal agencies. Authorization
must be in writing; and the Harbormaster will maintain records of
any mooring anchor deviations authorized in accordance with this provision.
The size and weight of helix or block anchors shall be determined
by the Harbormaster and calculated according to the equivalent holding
power of a mushroom anchor in the same situation. The approximate
shape of block anchors shall be square, both top and bottom, with
tapered sides (trapezoidal) to reduce bottom chain chafe. The block
shall not be allowed to become a hazard. The link or links shall be
of material not less than one inch in diameter and shall be securely
imbedded in the block. All shackles shall be grade 40 or better, hot-dipped,
forged, and one size heavier than the chain or equivalent. All shackles
shall be properly seized.
(3)Â
Length and type of chain: Total minimum length of chain (both bottom
and top) shall be determined as follows: Depth of water at mean high
tide, plus five feet for storm surge, times two. Normally, a minimum
of 50% of the total length of chain shall be heavy chain, with the
remainder being light chain, as indicated in the table below. A higher
percentage of heavy chain is recommended in exposed areas of relatively
shallow depth. Use of greater scope is strongly recommended, especially
in exposed areas and where there is sufficient space for vessels to
swing without endangering each other. A lower percentage of heavy
chain may be appropriate for moorings of greater scope.
(4)Â
Mooring float/buoy: The mooring float carrying the weight of the
mooring chain (or chain and rode) must be of sufficient size and buoyancy
so that at least 50% of it is visible above the surface of the water.
Color shall be white with blue stripe.
(5)Â
Pennants: The minimum mooring pennant length shall be twice the distance
from the bow chock to the waterline plus the distance from the bow
chock to the bow cleat.
(6)Â
Chafe guards: All pennant lines running through a chock or any other
object where chafing may occur shall have adequate chafe guards.
(7)Â
Winter mooring spars shall be set in all mooring spaces for the period
which the ball has been seasonally removed. All winter mooring spars
shall be constructed of nonleaching rigid material.
(8)Â
See Appendix C for minimum tackle specifications for the waters of
the Town.
L.Â
Mooring inspections.
(1)Â
New moorings: All new moorings in the waters of the Town shall be
inspected and approved by the Harbormaster or the Harbormaster's
designee prior to setting the mooring.
(2)Â
Maintenance of existing moorings: All permit holders shall be required
to maintain their moorings in safe condition. Any chain, shackle,
swivel, or other tackle that has become warped or has become worn
by one-third its original diameter shall be replaced. Failure to maintain
a safe mooring shall be cause for revocation of the mooring permit
and shall be deemed a violation of this chapter. The Harbormaster
or an approved mooring inspector under the direction of the Harbormaster
may inspect any moorings at any time to determine compliance with
this section of the Ordinance. Any mooring washed ashore or having
moved so as to endanger another vessel shall be inspected by the Harbormaster
or an approved mooring inspector under the direction of the Harbormaster
before it is reset.
(3)Â
Schedule of inspections: All moorings shall be inspected at least
once every two years and the results of such inspection certified
by either the Harbormaster or an approved mooring inspector and reported
to the Harbormaster by August 1 of the year of inspection. This inspection
shall determine compliance with the minimum mooring and tackle standards
of this chapter. Inspections may be made either by raising the mooring
or by underwater inspection.
(4)Â
Compliance: Any mooring or component of a mooring reported not in
compliance with this section of this chapter shall be replaced by
the owner within 30 days of such notice. Within 45 days after the
noncompliance is reported, a second mooring inspection must be completed
by an approved mooring inspector to determine if the violation has
been corrected. The results of this second mooring inspection shall
be reported to the Harbormaster. Failure to correct the violation
within that period shall cause the mooring to be deemed unsafe and,
as a violation of this chapter, shall be cause for revocation of the
mooring permit and removal of the mooring from the waters of the Town
at the risk and expense of the mooring owner. When the Harbormaster
deems it necessary, for the safety of a vessel or of vessels nearby,
to remove a vessel immediately from a noncomplying mooring, and the
owner is unable or unwilling to do so, the Harbormaster or the Harbormaster's
designee may remove the vessel at the owner's risk and expense.
(5)Â
Costs: All costs of any mooring inspection, of any relocation of
vessels as a result of noncompliance, or of any repairs or replacements
required under the provisions of this chapter shall be the responsibility
of the mooring owner.
(6)Â
Approved mooring inspectors: All mooring inspectors shall be approved
by the Portsmouth Town Council upon recommendation by the Harbormaster.
In consultation with the Harbor Commission, the Harbormaster shall
develop and set standards for the requirements and qualifications
of approved mooring inspectors and develop an application form to
be completed by potential mooring inspectors. At a minimum, an approved
mooring inspector must demonstrate to the satisfaction of the Harbormaster
the ability to perform an end-to-end visual and hands-on inspection
of every piece of mooring equipment either by underwater means or
the capability to safely pull all of the mooring equipment out of
the water onto a work boat or barge. All approved mooring inspectors
must be familiar with the minimum mooring tackle specifications of
this chapter.
(7)Â
The Harbormaster shall keep a list of all approved mooring inspectors
and shall make this list available to holders of mooring permits available
at the Portsmouth Police Department and the Portsmouth Harbormaster
website.
(8)Â
Any person or business appointed as an approved mooring inspector
shall be insured in the amount of not less than $1,000,000 for liability
and provide proof of such to Portsmouth Director of Finance on an
annual basis. All approved mooring inspectors must reapply for approved
status by March 15 of each year.
M.Â
Forfeiture of mooring space. Any holder of a mooring permit for a
mooring located in the coastal or harbor waters of the Town shall
be subject to forfeiture of that permit by reason of the following:
(1)Â
Failure to comply with any of the requirements of this chapter.
(2)Â
Failure to respond to the Harbormaster's notice that i) the
mooring does not comply with the mooring specifications herein set
forth, or ii) that the mooring has been displaced or moved from its
permitted location.
(3)Â
Failure to repair or replace mooring tackle within 60 days after
being advised to do so by the Harbormaster.
(4)Â
Any holder of a mooring permit for a mooring located in the coastal
or harbor waters of the Town shall be fined a late fee of $100 for
failure to file a renewal permit application by March 15. Failure
to renew the mooring by June 15 of same calendar year will result
in revocation of the mooring.
(6)Â
No mooring or outhaul will be deemed forfeited until notice has been
first mailed to the holder of the permit by registered mail, return
receipt requested and regular first class mail, or emailed with a
read receipt. If an appeal is not made within 30 days of the issuance
of the notice, the mooring or outhaul must be removed by its owner
at the owner's expense. If the owner fails to remove the mooring
or outhaul within 30 days upon order of the Harbormaster, the owner
will be billed for the cost of the mooring or outhaul removal and
the mooring or outhaul will be deemed abandoned. If a vessel is secured
to the mooring or outhaul, the vessel will be removed and stored at
the owner's expense.
N.Â
Outhauls.
(1)Â
No person shall place or cause to be placed an outhaul (see § 215-2, Definitions) within Town waters without receiving an outhaul permit for the placement thereof by the Harbormaster, issued in strict compliance with the provisions of this chapter. Any such outhaul placed without the approval of the Harbormaster may be removed and any such expenses incurred shall be charged to such person placing the outhaul. The Harbormaster may order the removal of any outhaul which in his or her discretion constitutes a hazard to navigation, a danger to the public or a violation of the provisions of this chapter. The Harbormaster shall determine the precise location of all permitted outhauls.
(2)Â
Except as provided below, up to two outhauls are permitted to the
contiguous waterfront (riparian) property owner.
(3)Â
Outhauls are not permitted on properties which contain a recreational
boating facility.
(4)Â
Outhaul permits are issued only consistent with the Rhode Island
Coastal Resources Management Plan, including the provisions of Section
300.18 and all such outhaul permits acknowledge that the Coastal Resources
Management Council retains the authority to revoke any permits issued
by the Harbormaster if it finds that such permit conflicts with the
Rhode Island Coastal Resources Management Plan.
(5)Â
Vessels may be secured to an outhaul on an annual basis from April
16 to November 14 only. From November 15 to April 15, when the device
is not securing a boat, the outhaul cabling system must be removed.
(6)Â
Outhauls may be "grandfathered" in their current location upon annual
Harbormaster documentation that such outhauls have been in contiguous
use at such location since 2004 and, the contiguous (riparian) property
owner(s) agree in writing to such; however, such "grandfathering"
is extinguished whenever a recreational boating facility is approved
at the location.
(7)Â
Outhaul specifications.
(a)Â
All outhauls must be located as close as possible to the centerline
of the property.
(b)Â
Maximum boat size allowed shall be 14 feet.
(c)Â
Minimum tackle size shall be two inches galvanized iron pipe
on the outboard end. The pipe shall extend at least four feet above
the mean high tide level. The inboard end of the outhaul system shall
be placed above the mean high tide line with allowances to public
access at low tide. The minimum line size will be 3/8 inch with an
appropriately sized pulley. All boats must be securely fastened to
the line at either the bow or stern. The Harbormaster's office
shall provide a plaque to be placed on the outboard end of the outhaul
facing seaward. A sticker showing the outhaul's number and expiration
date of the permit placed on the plaque will identify the outhaul.
Tackle requirements may be adjusted at the reasonable discretion of
the Harbormaster.
(d)Â
Outhauls shall be inspected by June 15 in years ending in a
five or zero by an approved mooring inspector. Reporting on the inspections
shall be identical to that of mooring inspections.
(e)Â
Overall length of the outhaul cannot exceed 50 feet seaward
of mean high water without approval of the Harbormaster.
(8)Â
Outhaul permitting process.
(a)Â
Grandfathered outhaul. Owners of existing outhauls wishing to have their outhauls deemed "grandfathered" under the provisions of this chapter shall notify the Harbormaster and fill out an outhaul permit application form. There shall be no fee for this process. Subsequent annual permit renewal shall be consistent with the renewal permit process detailed in Subsection N(9) below.
(b)Â
New outhaul applications. Every applicant for a new outhaul
permit shall submit a outhaul permit application form. This form shall
contain the name, mailing address, resident status, and relevant telephone
numbers of the applicant and the desired location of the outhaul and
shall be accompanied by the annual outhaul permit fee.
(9)Â
Outhaul renewal process.
(a)Â
Renewal permits applications. Outhaul permits must be renewed
annually. Every applicant for an outhaul permit must show ownership
of contiguous waterfront (riparian) property in the form of a property
tax bill. The Harbormaster or his appointee shall mail renewal permit
applications in January to existing outhaul permit holders with a
return deadline of March 15. The completed application forms shall
contain at least the following information: i) the name, summer and
winter mailing address, [and] resident status, email address, and
relevant telephone numbers of the applicant; ii) the type and length
of the vessel to be secured by the outhaul; iv) a copy of the vessel's
registration, if applicable); iii) the tackle specifications, proof
of inspection, and precise location of the existing outhaul; and iv)
whether the outhaul is considered "grandfathered" under the provisions
of this chapter. In consultation with the Harbor Commission, the Harbormaster
may from time to time amend the outhaul permit application.
(b)Â
A renewal application for an outhaul permit, accompanied by
the appropriate fee and proof of contiguous waterfront (riparian)
property ownership, must be received by the Harbormaster on or before
March 15. After March 15, a late fee of $100 will be applied until
June 15. If the renewal application and payment are not received by
June 15 by the Harbormaster, the outhaul permit is forfeited. On or
about June 16, notice of forfeiture, accompanied by an appeals form,
will be sent to the outhaul permit holder via certified mail according
to § 215-8M(6).
(c)Â
It shall be the responsibility of the permit holder to notify
the Harbormaster of any change of address.
A.Â
General. The purpose of this section is to regulate the speed, management, and control of vessels and the use of all anchorages, moorings, and Town-owned waterfront facilities within the jurisdiction of the Town of Portsmouth as described in § 215-3 of this chapter and as authorized by Rhode Island General Laws § 46-4-6.13; Town of Portsmouth, Powers conferred, 46.22, Regulation of Boats, and 46-12, Water Pollution. For applicable fines, see schedule of fines in Appendix B.[1]
[1]
Editor's Note: Said appendix is included as an attachment
to this chapter.
B.Â
Vessel operation. Vessels used alone or engaged in activities including,
but not limited to, water skiing, personal watercraft, paragliding,
sailboarding, surfboarding and other similar uses that involve the
use of a vessel moving in excess of 10 miles per hour shall not be
allowed within 200 feet of any swimming area, mooring field, anchorage
area, shore side facility, right-of-way ingress and egress points,
launching ramp, federal navigation channels, navigation fairways and
small unpowered vessels vulnerable to swamping or tipping due to wakes
(i.e., canoes, kayaks, etc.) Vessels used in these manners are allowed
within 200 feet of shore side facilities when the sole purpose is
to begin or end such activity.
(1)Â
No vessel operating upon the tidal waters of this Town shall pass
closer than 200 feet of an outer marker of a public swimming area.
Public safety vessels, emergency vessels are exempt from this subsection.
(2)Â
No person shall operate any vessel in a reckless or negligent manner
so as to endanger the life, safety or property of oneself or another.
No vessel shall operate within 50 feet of any fixed object in the
water unless the vessel is utilizing the fixed object for a permitted
use.
(3)Â
The Inland Navigation Rules and Regulations shall apply in all of
the tidal waters of the Town. Any violation of the Inland Rules and
Regulations shall be considered as negligent operation of a vessel
and a violation of this chapter.
(4)Â
No person shall operate a vessel with more passengers than the manufacturer
maximum recommendation.
(5)Â
No passenger in a vessel shall ride in any position so as to interfere
with the driver's view ahead or to the sides, or to interfere
with the driver's control over the driving mechanism of the vessel.
(6)Â
No operator or passenger shall have in their possession an unsealed
alcoholic beverage container while the vessel is underway. No unsealed
alcoholic beverage containers are permitted on deck or in the area
of the helm. Unsealed alcoholic beverage containers may be secured
in a galley or in an enclosed cabin while the vessel is underway.
(7)Â
Except as otherwise set forth herein, water skiing and/or the operation
of personal watercraft are prohibited in the following areas:
(8)Â
All vessels must meet the existing standards for muffling devices
as stated in R.I.G.L. 1956, § 46-22-8.
C.Â
Boating activities in shallow water habitat. Where significant shallow
water habitat is identified in the Portsmouth Harbor Management Plan
or by CRMC, the Harbormaster shall restrict boating activities as
necessary to decrease turbidity and physical destruction of such habitat.
D.Â
Vessel speed.
(1)Â
The operation of any vessel within the tidal waters of the Town shall
proceed in a manner which protects all persons and property from damage
caused by waves, wakes, and operation. Operators of vessels within
the coastal waters and harbor waters of the Town shall comply with
federal, state and local regulations on vessel speed and wake.
(2)Â
Federal navigation channels: Vessels speed shall not exceed five
miles per hour in any federal navigation channel located within the
Town.
(3)Â
Navigation fairways: Vessels speed shall not exceed five miles per
hour nor create more than minimal wake in any navigation fairway as
established and described in this section.
(4)Â
Mooring fields: Vessel speed shall not exceed steerageway, nor create
wake in any designated mooring field or anchorage as established and
described in this section.
(5)Â
No vessels of any description shall be navigated or operated at a
speed in excess of five miles per hour, or in such a manner to cause
an excessive wake, within the following areas:
(a)Â
Within the waters of the Portsmouth Basin, so called being that
expanse of water between Portsmouth and Tiverton, south of the Navigational
Aid, Can 17 and north of the Stone Bridge Abutment.
(b)Â
That expanse of water in Potter's Cove between Navigational
Aid Nun Buoy 4 and the shore.
(c)Â
That expanse of water in Blue Bill Cove north of Hen Island
and south of Spectacle Island, between the escape bridge and the state
boat ramp.
E.Â
Navigation fairways.
(1)Â
Navigational fairways within Town waters are located at:
(a)Â
New England Boat Works.
(b)Â
Hinckley Yacht Services.
(c)Â
Brewers Sakonnet Marina, North Yard.
(d)Â
Brewers Sakonnet Marina, South Yard.
(e)Â
Pirate Cove Marina.
(f)Â
Stonebridge Marina.
(g)Â
McCorrie Point.
(h)Â
Blue Bill Cove boat ramp.
(i)Â
Carnegie Abbey Yacht Club.
(j)Â
Weaver's Cove boat ramp.
(k)Â
South end T-Wharf Prudence Island.
(l)Â
South end Boat Ramp Prudence Island.
(m)Â
Stone Dock Boat Ramp, west side Prudence Island.
(n)Â
Sand Point Dock Prudence Island.
(o)Â
Homestead Ferry landing Prudence Island.
(p)Â
Homestead Boat Ramp Prudence Island.
(q)Â
Potters Cove Dock Prudence Island.
(r)Â
Potters Cove Boat Ramp Prudence Island.
(2)Â
See Section 5.0, Map 2 of the Portsmouth Harbor Management Plan for
further details.
F.Â
Obstruction of channels, fairways, and berthing space.
(1)Â
No vessel shall be moored or anchored so as to interfere with the
free and unobstructed use of all federal, state and locally designated
navigation channels, fairways, or berthing spaces within the waters
under Town jurisdiction.
(2)Â
The placement of lobster pots, pot floats, fish nets or conch pots
or floats are prohibited in all federal, state and locally designated
navigation channels, fairways, and mooring fields.
G.Â
Personal watercraft. Operation of all personal watercraft upon the
waters under the jurisdiction of the Town shall be regulated under
the provisions of R.I.G.L. § 46-27-1 et seq., and all similar
federal laws rules and regulations. The Harbormaster shall have the
authority to enforce all provisions of R.I.G.L. § 46-27-1
et seq.
H.Â
Anchoring and rafting.
(1)Â
Anchoring. Vessels are permitted to anchor in all Town waters on
a space available basis except in federal navigation channels, navigation
fairways, swimming areas, rights-of-way ingress and egress areas and
launch ramp areas. The crew may go ashore, but shall not leave the
area. They shall be available to tend to the vessel in the event of
heavy weather. It shall be the anchored vessel's responsibility
to remain clear of all moored vessels. No vessel shall be anchored
more than seven days without the permission of the Harbormaster. When
anchoring in a designated mooring field, it shall be the owner of
the anchored vessel's responsibility to remain clear of all moored
vessels, taking into account all possible changes of tide and weather.
(2)Â
Rafting. Vessels are permitted to raft on a mooring or at anchor
provided that the rafted vessels do not endanger any other moored
or anchored vessels and that they do not intrude into any channel
or fairway. Rafting at a mooring shall be limited to the boat properly
registered to that mooring or to the boat of a person authorized to
use said mooring. It is the responsibility of the registered mooring
holder or authorized person to ensure that the outermost boats drop
anchor to avoid dragging the mooring or encroaching on other mooring
spaces or navigational channels. Each rafted vessel must be manned
at all times. Rafting is not permitted when Coast Guard small craft
advisories or other severe weather warnings are in effect; rafted
vessels must separate when these conditions are announced or at the
request of the Harbormaster.
I.Â
Boat standards.
(1)Â
Every vessel entering waters under the jurisdiction of the Town shall
be equipped as required by R.I.G.L. § 46-22-1 et seq., and
all similar federal laws rules and regulations. The Harbormaster shall
have the authority to enforce all provisions of R.I.G.L. § 46-22-1
et seq.
(2)Â
All vessels moored in mooring fields BBC - 1 and BBC - 2 in Blue
Bill Cove are required to be equipped with grey water collections
systems, if applicable. No mooring permits will be issued or renewed
without inspection and certification by the Portsmouth Harbormaster
or his/her designee that such a system, if applicable, has been installed.
J.Â
Abandoned vessels and structures.
(1)Â
Upon his/her determination, the Harbormaster may take custody and
control of abandoned or derelict vessels and structures located in
the coastal waters and harbor areas of the Town and remove, store,
or otherwise dispose of such vessel or structure at the expense and
sole risk of the owner of the abandoned vessel or structure. Reasonable
notice of such disposal shall be publicly given. In addition to any
cost incurred by the Town in carrying out the above activities, a
fine of $500 shall be collected from the vessel owner for such Harbormaster
action. The owner is responsible for all expenses incurred.
(2)Â
The Harbormaster shall assume all of the duties and powers of the
commissioner of wrecks and shipwrecked goods as detailed in Rhode
Island General Law § 46-10-1 to 13. Any monies that would
be paid to the Harbormaster as the commissioner of wrecks would be
instead paid to the Harbor Management Fund to avoid a possible conflict
of interest.
K.Â
Use of vessels as abodes. In accordance with the Rhode Island Coastal
Resources Management Program, Section 300.5, houseboats or floating
businesses, as defined therein, are prohibited from mooring or anchoring
unless within the boundaries of a marina. Houseboats or floating businesses
shall tie into fixed marina pump out facilities. Applicants for floating
businesses shall fulfill the additional Category "B" requirements
of Section 300.5. Applicants for either houseboats or floating businesses
shall meet all the pertinent standards given in "Recreational Boating
Facilities" (Section 300.4) under standards for residential docks,
piers, and floats.
L.Â
Prohibited discharges.
(1)Â
Discharge of sewage. In order to ensure there are no adverse effects
on water quality, no person shall cause or permit to pass or to be
discharged into the waters of the Town any untreated sewage or other
waste matter or contaminant of any kind. The Town adopts Rhode Island
General Law § 46-12-39 pertaining to the discharge of sewage
from a boat as part of its Ordinance. Any person who violates this
provision shall be subject to penalties provided by Rhode Island General
Law § 46-12-40.
(2)Â
No discharge certificate decal required. Per Rhode Island General
Law Subsection 45-12-39.1, no person shall operate or moor for more
than 30 days, a boat in the waters of the state, that has a permanently
installed marine toilet unless such boat displays in a prominent position
a Rhode Island Department of Environmental Management-approved "no
discharge certificate decal." This requirement shall not apply to
any vessel carrying a valid certificate of inspection issued by the
U.S. Coast Guard pursuant to Title 46 of the U.S. Code.
M.Â
Marine debris. The discharge of any waste, garbage, refuse, plastic,
petroleum product or byproduct, paint, varnish, dead animals, fish,
or any other debris into the waters is prohibited under this chapter.
N.Â
Grey water discharge in Blue Bill Cove. In order to ensure there
are no adverse effects on water quality in the waters of Blue Bill
Cove, there shall be no grey water discharge from vessels whose owners
hold mooring permits for mooring fields BBC-1 and BBC-2 in Blue Bill
Cove. See Appendix A for the boundaries of designated mooring fields
included in this zone.[2] The Harbormaster shall have the right to inspect vessels
moored in these mooring fields in order to enforce this provision.
[2]
Editor's Note: Said appendix is included as an attachment
to this chapter.
O.Â
Swimming.
(1)Â
Swimming and diving off Town-owned piers, floating docks, wharfs,
and jetties is prohibited unless otherwise authorized and posted by
the Town Council.
(2)Â
Skin or scuba diving in all navigation channels, fairways, and mooring
fields is prohibited except when necessary to repair a moored vessel.
(3)Â
All persons skin or scuba diving in the Towns waters shall properly
mark their diving areas.
P.Â
Flotation devices: children. Any person transporting a child under
13 years of age in a recreational vessel less than 65 feet in length
on the waters of this state shall require that the child wear a personal
flotation device approved by the United States Coast Guard when underway,
unless below deck or in a closed cabin.
Q.Â
Rights-of-way to the water.
(1)Â
No person shall block, barricade, or in any way impede the public
use of or access to designated public rights-of-way to the water as
defined by the Rhode Island Coastal Resources Management Council or
the Town of Portsmouth. See Section 5.0, Map 5 of the Portsmouth Harbor
Management Plan for a map of CRMC-designated and other rights-of-way
to the shore.
(2)Â
No person shall park or store a vessel, vehicle, or structure on
a designated public right-of-way to the water as defined by the Rhode
Island Coastal Management Resources Council or the Town of Portsmouth.
(3)Â
Any person in violation of this section of the Ordinance after due
notice shall be subject to a fine (see Appendix B).[3] After due notice, Town personnel may clear a Town or CRMC
designated right-of-way at the violator's expense.
[3]
Editor's Note: Said appendix is included as an attachment
to this chapter.
R.Â
Failure to stop. It shall be a violation of this chapter for any
person to refuse to move, slow to headway speed, or stop when directed
by the Harbormaster or any other duly authorized enforcement officer.
S.Â
False distress or hoax calls.
(1)Â
Whoever, knowing it to be false, transmits or causes to be transmitted
by radio, telephone, use of emergency flares or other means of communication,
the alleged occurrence or impending occurrence of an emergency situation
which threatens the life, or safety of a person and/or the loss of
property, to any state, federal or local law enforcement or other
public safety agency shall be guilty of transmitting a false distress
or hoax call.
(2)Â
Any person charged with the commission of the foregoing shall, upon
conviction, be subject a fine not to exceed $1,000. In addition to
any other fines or penalties imposed under this section, the person
or persons convicted shall pay restitution for any cost related to
the emergency response to the false or hoax call.
T.Â
Enforcement. The primary responsibility for enforcement of regulated
activities, including detention, arrest, and issuance of summonses
for violations is delegated to the Harbormaster and the Portsmouth
Police Department. Police officers and the Harbormaster of the Town
of Portsmouth shall have the power and authority to enforce the rules
and regulations of this chapter and of the General Laws of the State
of Rhode Island.
U.Â
Towing and moving of vessels.
(1)Â
Moored in violation: any vessel berthed, moored or anchored in waters
under the jurisdiction of the Town found to be in direct violation
of any provisions of this chapter, the Harbormaster is authorized
to move, relocate or tow such vessel. In addition to any fine for
such violation, a fee of $100 shall be collected from the vessel owner
for such Harbormaster actions.
(2)Â
Disabled: If any vessel requires an assistance tow from the Harbormaster,
the owner shall be charged $100 plus costs.
V.Â
Penalties and fines. Pursuant to this chapter and the powers granted
in the enabling legislation, Rhode Island General Law § 46-4-6.13
and the Rhode Island General Laws, a person who violates any part
of this chapter shall be subject to penalties and fines as set forth
in the attached Appendix B,[4] unless otherwise established by the General Laws of the
State of Rhode Island. Each day a violation continues shall be deemed
a separate offense subject to an additional penalty. The Municipal
Court of the Town of Portsmouth has jurisdiction to hear violations
of any of the provisions of this chapter. Matters not resolved by
payment of the required fine pursuant to the mail as set forth below
will require an appearance in the Municipal Court for violations of
this chapter and before District Court for violations of Rhode Island
General Laws.
[4]
Editor's Note: Said appendix is included as an attachment
to this chapter.
W.Â
Informal procedure for the payment of boating fines.
(1)Â
The Harbormaster or any other duly authorized enforcement officer
who charges any person with an offense under this chapter, in addition
to issuing a summons for the offense, may provide the offender with
a form that shall allow the offender to dispose of the charge without
the necessity of appearing before the Municipal Court; provided that
any offender who has been guilty of a third or subsequent violation
within 12 months of the first offense must appear before the court
on the date specified on the summons, and may not dispose of the third
or subsequent offense administratively.
(2)Â
An offender electing to dispose of the charge without personally
appearing before the Municipal Court shall execute the form indicated
and return it to the Portsmouth Police station not later than 14 days
from the date of the summons either by mailing or delivering the form
and summons accompanied by a check or money order in the amount indicated
by the schedule of fines on the form. The fine shall be doubled if
not paid within 14 days and tripled if not paid within 21 days.
(3)Â
An individual who fails to answer after 21 days shall have waived
the right to dispose of the summons without personal appearance and
must appear before the Municipal Court on the date specified on the
summons.
A.Â
In matters pertaining to § 215-7, Mooring and outhaul regulations, the Mooring Appeals Committee shall sit as the board of appeals to hear any person aggrieved by a decision of the Harbormaster. The aggrieved party shall file a written appeal with the Harbormaster within 30 days following the notice of the decision. Upon receipt of the appeal, the Harbormaster shall schedule a hearing at the next regularly scheduled Mooring Appeals Committee meeting, with written notice given to the appellant of not less than 14 days.
B.Â
Any party aggrieved by a decision of the Mooring Appeals Committee
may make a final appeal to the Municipal Court. Notice of appeal shall
be made in writing and filed with the Town Clerk within 20 days of
the mailing date of the decision. The Town Clerk shall obtain the
record of the Mooring Appeals Committee's proceedings and schedule
a hearing with notice to the appellant.
The Town will maintain an ongoing, coordinated effort involving
the Town's citizens and local and state emergency management
officials to anticipate, prepare for and respond to storm events damaging
to life and property along the shoreline and in the waters under its
jurisdiction. See Appendix D for the Town's Harbor Hazard Mitigation
Plan.
Persons using the waters under the jurisdiction of the Town
shall assume all risk of personal injury and damage or loss to their
property. The Town assumes no risk on account of accident, fire, theft,
vandalism or acts of God.
If any provisions of this chapter are held invalid or inoperative,
the remainder shall continue in full force and effect as though such
invalid or inoperative provisions had not been made.
This chapter shall take effect upon its passage by the Town
Council.