A.
The purpose of this chapter is to:
(1)
Act upon the authority conferred upon the Town Council pursuant to
RIGL 46-4-6.17;
(2)
Manage the waters of the Town and balance the diverse uses of the
waters and waterfront;
(3)
Maintain and improve shoreline public access and water quality;
(4)
Continue to support opportunities for commercial fishing and recreational
boating; and
(5)
Remain consistent with the goals and policies of the Westerly Harbor
Management Plan (WHMP), the Town Comprehensive Plan, the State Coastal
Resource Management Program, the State Department of Environmental
Management, and the U.S. Army Corps of Engineers.
B.
The coastal waters and harbor areas of the Town of Westerly under
the jurisdiction of the chapter include those waters within one mile
from the Atlantic beaches from the Charlestown line to Sandy point;
Quonochontaug Pond west of the Charlestown line; Winnapaug Pond; three
miles from Sandy Point and Napatree Point into Fishers Island Sound
or to the New York or Connecticut state lines including the fairway
from Fishers Island Sound to Little Narragansett Bay; and the Rhode
Island side of Little Narragansett Bay and the Pawcatuck River from
the head of navigation in downtown Westerly around Pawcatuck Point
to the Connecticut border at Sandy Point.
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 by dropping
an anchor from a vessel.
A small-scale commercial fisherman harvesting for subsistence
or local, small markets, generally using traditional fishing techniques,
single handed, and under thirty-foot boats. They are considered vital
for sustainable livelihoods and food security.
Any man-made or natural facility used for the launching or
retrieval of boats.
Any designated and/or maintained water area except for a
fairway reserved for unobstructed movement of vessels.
An active full-time fisherman with a current commercial license
and a working commercial vessel.
The rental, lease, management, maintenance and/or operation
for financial compensation or for purposes other than private use.
The passage from Little Narragansett Bay to Fishers Island
Sound. The Cut is specifically defined as that area between the westernmost
and easternmost of the fishermen's buoys off the shoals north
of Napatree and 200 feet north of them. These buoys are located differently
each year as the shoals shift; the location of The Cut shifts accordingly.
Any locally designated and/or maintained water area reserved
for the unobstructed movement of vessels.
The body established to advise the Town Council on the provisions
of this chapter and the management of the harbors.
For the purposes of enforcing any provision of this chapter,
including the issuance of summonses for violation of any provision
herein, any individual appointed by the Town Manager as Harbormaster
pursuant to the Town Charter.
The slowest speed at which a personal watercraft or vessel
can be operated and maintain steerageway.
Any dock, pier, wharf, float, floating business or combination
of such facilities that accommodate five or more recreational boats.
Any mooring area managed by a marina that has applied for
and received a permit with a defined marina perimeter from CRMC.
The average height of the high waters over an 18.6-year period.
Mean high water (MHW) is the average of all the high water heights
observed over an 18.6-year period; this period is referred to as the
National Tidal Datum Epoch.
To permanently secure a vessel to the submerged land of a
water body by use of mooring tackle.
Any designated area managed by the Town of Westerly where
five or more recreational vessels are moored.
The location where a vessel is secured to the submerged land
of a waterway by mooring tackle.
All hardware used to secure a vessel at a mooring.
Any vessel propelled in whole or in part by mechanical means,
either inboard or outboard and using a motor powered by gasoline,
diesel fuel, naphtha, kerosene, steam or fuel oil.
Any individual, business or corporation which does not meet
the definition of resident.
A person who operates or who has charge of the navigation
or use of a watercraft.
A recreational boating facility that consists of a non-single-point
anchoring device, for the purpose of securing a boat in tidal waters
and retrieving it from shore.
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.
A mooring registered and occupied by the boat owner. Private
moorings are not to be used to generate financial or other compensation
by permit holder.
Mooring areas managed by municipal or state agencies and
as delineated in the CRMC approved Westerly Harbor Management Plan.
A corporate entity in the business of inspecting mooring
tackle which is in good standing with the Rhode Island Secretary of
State and carries the requisite liability insurance.
Marinas, launching ramps, residential and limited recreational
boating facilities, recreational wharves, piers, slips, floats or
floating docks and recreational mooring areas.
An individual residing in Westerly a minimum of 183 days
per year and verified by either voter identification or a Rhode Island
driver's license with a Westerly address.
"Riparian mooring" means mooring tackle owned by a riparian
property owner under a permit granted by the Harbormaster and located
within the coastal waters bordering that property as bounded by the
seaward extension of that property's lateral lot lines. Said
mooring may or may not be located within a CRMC approved mooring field.
Every description of watercraft, other than a seaplane on
water, used or capable of being used as a method of transportation
on water. (Specifically excluded by this definition are houseboats.)
All navigable lakes, rivers, streams, ponds or other bodies of water located within or partly within the boundaries of the Town including the coastal waters. See § 86-1.
All revenue generated by the Town boat launching fee, mooring
permit fees, qualified mooring inspectors, other fees of this chapter,
and fines levied under the authority of this chapter shall be deposited
in a dedicated account to be used for mooring management and the administration
and implementation of the Town Harbor Management Plan and this chapter.
Persons using the coastal waters and the harbor areas of the
Town shall assume all risk of personal injury and damage or loss to
their property. The Town assumes no risk due to accident, fire, theft,
vandalism, wind, storm surge, or acts of God.
Boat operators shall obey lawful directions given to them by the Harbormaster, Deputy Harbormasters, or by any police officer employed by the Westerly Police Department in enforcement of the provisions of this chapter, as well as all boating laws as are covered under the provisions of the Federal Safe Boating Act of 1971 and such amendments as shall have been made thereto. Such boat operators immediately upon being instructed by the Harbormaster or a police officer employed by the Westerly Police Department, by voice or such sound device as may be used, shall allow boarding by such officer and shall comply with the lawful direction of such officer. Checking of all required safety equipment, as well as proper registrations of vessels under power, shall be considered a lawful direction of said officers. Any person in violation of this section shall be subject to the fine identified in the violation schedule contained within § 86-6 of this chapter.
A.
Every owner, master, or person in charge of any vessel who shall
neglect or refuse to obey the direction of the Harbormaster or deputy
Harbormaster or a police officer employed by the Westerly Police Department,
or violates any rule or regulation promulgated under RIGL 1956 §§ 46-4-1
et seq. or 46-22-1 et seq., not specifically set forth in Rhode Island
Department of Environmental Management's penalty schedule shall
be subject to a fine under this chapter of $100.
B.
The Town Council herein adopts penalties for boating violations,
consistent with state law.
|
Penalty Schedule For Boating Violations
| |
|---|---|
|
Offense
|
Fine
|
|
Vessel registration: RIGL 46-22-3
| |
|
Unregistered
|
Up to $100
|
|
Numbers not displayed
|
Up to $100
|
|
Possession of a vessel with the hull ID number altered,
removed, or destroyed
|
Up to $500
|
|
Vessel operation:
| |
|
Excessive speed or wake: RIGL 46-22-9.5
| |
|
Up to 10 miles
|
$25
|
|
11 miles to 15 miles
|
$50
|
|
16 miles to 20 miles
|
$75
|
|
21 miles to 25 miles
|
$100
|
|
Over 25 miles, per mile
|
$5
|
|
Improper operation in swimming area or restricted
area, RIGL 46-22-9
|
Up to $1,000
|
|
Operation in a reckless manner, RIGL 46-22-9
|
Up to $1,000
|
|
Refusal to stop when ordered, RIGL 46-22-9
|
Up to $1,000
|
|
Inadequate boat personnel
|
Up to $200
|
|
Underaged boat personnel
|
Up to $200
|
|
Failure to use personal flotation devices
|
Up to $200
|
|
Operation outside time limits
|
Up to $200
|
|
Any other personal watercraft offense of RIGL 46-27-2
not specified herein
|
Up to $500
|
|
Interference with another vessel
|
Up to $100
|
|
Caused an accident
|
Up to $100
|
|
Failure to submit accident report
|
Up to $100
|
|
Interference in SCUBA diving area
|
Up to $100
|
|
Vessel equipment:
| |
|
Improper light installation
|
Up to $100
|
|
Improper use of lights
|
Up to $100
|
|
Improper sound producing appliance
|
Up to $100
|
|
Improper personal flotation devices
|
Up to $100
|
|
Improper personal flotation devices for children
under 10
|
Up to $100
|
|
Improper fire extinguisher
|
Up to $100
|
|
Improper muffling device
|
Up to $100
|
|
Miscellaneous:
| |
|
Unmarked SCUBA area
|
Up to $100
|
|
Unauthorized racing/regatta
|
Up to $100
|
|
Unauthorized docking/mooring
|
Up to $100
|
|
Failure to render assistance
|
Up to $100
|
|
Obstruction of right-of-way
|
Up to $100
|
A.
Harbormaster and Assistant Harbormaster.
(1)
The Harbormaster shall be appointed by the Town Manager.
(2)
The Assistant Harbormaster shall be appointed by the Harbormaster
on an as-needed basis.
(3)
The harbor patrol shall consist of the Harbormaster, Assistant Harbormaster,
and any other personnel engaged for enforcement of this chapter, including
officers of the Town of Westerly Police Department.
(4)
Each boating season Deputy Harbormasters may be assigned to each
of the Town mooring areas by the Harbormaster. The Deputy Harbormasters
shall assist the Harbormasters in the safety patrol of each mooring
area, but shall not have enforcement authority.
B.
The Harbormasters and harbor patrol shall enforce this chapter as
follows:
(1)
The Harbormaster and harbor patrol of the Town are authorized to
make arrests and to take other steps to enforce the provisions of
this chapter and, in the exercise thereof, shall have the authority
to stop and board any vessel within the water subject to the jurisdiction
of the Town pursuant to RIGL 46-22-17.
(2)
Any patrol boat used for the service of the Town shall keep a log
through the police department.
(3)
All regulations relating to the Town's boating regulation program
shall be maintained by the offices of the Town Manager and Town Clerk,
and all violations shall be processed by the harbor patrol in accordance
with provisions of law applicable thereto.
(4)
The Harbormaster shall appoint a designee who shall take charge in
the absence of the Harbormaster and shall perform such other duties
as delegated by the Harbormaster.
C.
Enforcement of operation and equipping of vessels. Local provisions
governing operation of vessels and activities within the waterways
shall be consistent with state law.
(1)
The Town Council adopts all of the provisions of RIGL 1956, 46-22-1
et seq., relating to the operation and equipment of vessels and motorboats
within the water subject to the jurisdiction of the Town.
(2)
The Town Council adopts all of the provisions of RIGL 1956, 46-27-1
et seq., relating to the operation of personal watercrafts.
D.
Hours of operation. The harbor department shall be staffed as determined
by the Harbormaster in consultation with the Town Manager.
A.
Payment without personal appearance. Any member of the harbor patrol
and any other duly authorized enforcement officer who charges any
person with an offense as set forth in this chapter, in addition to
issuing a summons for the offense, shall provide the offending operator
with a form which will allow the offender to dispose of the charge
without the necessity of personally appearing before the municipal
court, provided that any operator who has been guilty of a third or
subsequent boating violation within 12 months of the first offense
must appear before the municipal court on the date specified on the
summons, and may not dispose of the third or subsequent offense administratively.
This section shall apply to both resident and nonresident operators.
B.
Method of payment. If the offending operator elects to dispose of
the charge without personally appearing before the municipal court,
he or she shall execute the form indicated and return it to the municipal
court not later than 20 days from the date of the summons either by
mailing or delivering the form and summons to the municipal court
clerk or the clerk's designee with a check or money order in
the amount indicated by the fine schedule on the form.
C.
Schedule of violations. Those violations set forth in § 86-6 of this chapter may be handled administratively through the method described in this section, provided however that this list is not exclusive, and jurisdiction may be conferred on the municipal court with regard to other violations consistent with the Rhode Island General Laws, and these ordinances.
D.
Failure to answer. In the event an operator fails to answer within
20 days, then he or she shall have waived his or her right to dispose
of the offense without personal appearance, and the person charged
with such violation must appear before the municipal court on the
date specified on the summons.
The Town Harbormaster and Town Council shall be guided by the
Harbor Management Plan and the Town's Emergency Operation Plan
when taking action in the event of a storm.
A.
There shall be a Harbor Commission, which shall perform the duties
and exercise the powers conferred upon it by state law or this chapter.
The board may consist of five members appointed by the Council to
serve for three-year staggered terms. Of the first members appointed
under this Charter, two shall be designated to serve one-year terms,
two shall be designated to serve two-year terms, and the remaining
one shall serve a three-year term.
B.
Harbor Commission membership may represent groups most concerned
with management of harbor resources. Members usually include commercial
and recreational fishermen, marina operators, riparian property owners,
recreational boaters, and commercial waterfront businesses. In addition,
the municipal Planning and Zoning Boards, and the Town Council may
be represented on the Commission. Consideration may also be given
to representatives from other interest groups such as conservation,
shellfish, and historical organizations since these agencies frequently
regulate activities that affect harbor usage. For municipalities which
share a common boundary intersecting a waterbody, there may also be
ex-officio representation from each of the adjacent community's
Harbor Commissions. Finally, the local Harbormaster may take an active
role in Commission activities.
