[Ord. of 5-1-2007, § 9-82; amended 11-17-2021 by Ord. No. 2021-10]
(a) 
Before any outhaul is located or maintained in the coastal waters and harbor areas of the town, a permit must be issued by the harbormaster or assistants at the harbormaster's direction. The harbormaster and assistants, having due regard to draft and facility of navigation and the policies of the Coastal Resources Management Council (CRMC). program-section 1.3,1(D)OOM, shall designate where outhauls shall be located or maintained. The town council shall establish the fee to be paid for the permits to be issued by the harbormaster or assistants at the harbormasters direction for outhauls.
(b) 
Such permits shall be issued by the harbormaster or assistants at the harbormaster's direction on an annual basis and shall be valid from May 1 to April 30 of the following year.
(c) 
Except as provided below, an outhaul to be permitted to the contiguous waterfront property owner.
(1) 
One (1) outhauls may be allowed per waterfront property.
(2) 
Outhauls are not permitted on properties which contain a recreational boating facility.
(3) 
Outhauls are not permitted in type 1 waters.
(4) 
Live on-boards are not permitted on vessels using an outhaul.
(5) 
Procedures have been adopted to ensure that permits are only issued consistent with the RI Coastal Resources Management Program (RICRMP), including the provisions of section 1.3.1(R).
(6) 
Procedures acknowledge that the CRMC retains the authority to revoke any permits issues by the municipality if it finds that such permit conflicts-with the RICRMP.
(7) 
From November 15 to April 15, when a vessel is not being secured by the outhaul device on an annual basis, the outhaul cabling system shall be removed.
(8) 
Outhauls may be grandfathered in their current location upon annual harbormaster documentation that such outhauls have been in continuous use at such location since 2004, and, the contiguous property owner(s) agree in writing to such; however, such:grandfathering: is extinguished when a recreational boating facility is approved at the location.
[Ord. of 5-1-2007, § 9-83; amended 11-17-2021 by Ord. No. 2021-10]
(a) 
No outhaul shall be located in the coastal waters and harbor areas of the town until a permit has been issued for the use of such outhaul by the harbormaster or assistants. No outhaul shall be located nor shall be maintained unless the outhaul owner has received a valid outhaul permit issued by the harbormaster or assistants for the outhaul and that the outhaul conforms to the specifications and standards set forth In this article and permit.
(b) 
Request for new outhaul permit.
(1) 
To be eligible for a new outhaul permit, an applicant must own a vessel and must be the owner of record of the waterfront property for which an outhaul permit is being sought. All requests for a new outhaul permit shall be submitted to the harbors division on the forms provided by the harbors division by March 14 of each year. Outhaul permit applications are available at the harbors division office. An application shall be accompanied by the appropriate fee and shall be received by March 14 in the office of the harbors division. A complete and accurate outhaul permit application must be provided before the harbor division can act to approve or deny such application. The harbors division shall determine if a new outhaul permit can be issued only after the provisions of the harbor management plan and this article are satisfied.
(2) 
If the harbors division issues an outhaul permit, the outhaul owner for which the permit has been issued must locate the outhaul at the direction of the harbormaster or assistant at the harbormaster's direction in accordance with the harbor management plan and this article.
(c) 
Permit renewals.
(1) 
Applications for renewal of a valid outhaul permit shall be submitted to the harbors division on the application forms provided by the harbors division by March 14 of each year. An application shall be accompanied by the appropriate fee and shall be received by March 14 in the office of the harbors division. Failure to submit a complete and accurate application by March 14 shall result in the loss of the outhaul permit.
(2) 
The harbors division shall forward the application forms by February 1 of each year to those persons who held valid outhaul permits at the end of the previous calendar year, to the address listed on their last outhaul permit. It shall be the responsibility of the outhaul permit holder to notify the harbors division of any change in address.
(3) 
The harbors division shall provide notice of permit application approval by May 1.
(d) 
Relocation of existing permitted outhaul. All requests for relocation of existing permitted outhauls must be submitted to the harbors division. Information for such requests must meet the requirements listed for an outhaul application, as well as show proof of valid outhaul permit issued for the previous year. The reason for outhaul relocation must also accompany the request. Based on availability of space, the requirements of this article, and the type and size characteristics of vessel, action will be taken on the request.
(e) 
Failure to renew an existing valid outhaul permit. Failure to renew an existing valid outhaul permit in accordance with the provisions of this article by March 14 of any given year shall result in the permitted owner's abandonment of all his/her privileges and interests in the previously permitted outhaul. The harbormaster may remove the now abandoned outhaul, at the permitted owner's expense. Such expenses may in turn be recovered by the town, in accordance with any provision of this article.
(f) 
Forfeiture of outhaul. Any owner of an outhaul located in the coastal waters and harbors areas of the town shall be deemed to have forfeited his/her outhaul by reason of any of the following:
(1) 
Failure to comply with any of the requirements of this article;
(2) 
Removal of the outhaul by outhaul owner and notification to the harbors division that the outhaul has been removed;
(3) 
Failure to respond to the harbors division notice that the outhaul does not comply with the outhaul standards set forth in this article, or that the outhaul has been displaced or moved from its permitted location;
(4) 
Failure to resurface or replace an outhaul within 30 days after being advised by the harbormaster that the outhaul is down.
(g) 
Outhaul permit application requirements. All applications for outhaul permits shall contain the following information:
(1) 
Name, address and telephone (home and office) of owner;
(2) 
Plat and lot number of the waterfront property for which an outhaul permit is being sought;
(3) 
Map depicting the lot, and the location of the outhaul in relation to the waterfront property;
(4) 
Vessel name, registration number, length (feet), width (feet), draft (feet), type, and color;
(5) 
Number of sleeping berths, if any, and type of marine sanitation device (MSD);
(6) 
If any;
(7) 
Appropriate registration fee.
(h) 
Outhaul records. The harbors division shall keep a detailed record of all outhauls, their location, along with the owner's name, home (and business, if applicable) address, telephone number(s), outhaul permit number, date outhaul was set, last outhaul inspection date, and vessel data as detailed above.
(1) 
No outhaul permit will be issued without proof of the owner's current vessel registration and/or documentation and/or proof of annual inspection of outhaul by a qualified inspector.
(2) 
No outhaul permit will be issued without proof of the applicant's documentation and/or proof of ownership of waterfront property.
(i) 
Outhaul inspections. The harbormaster shall develop and set standards for installing, maintaining, and inspecting outhauls.
[Ord. of 5-1-2007, § 9-84; amended 11-17-2021 by Ord. No. 2021-10]
The areas indicated Type 2 and Type 3 waters on the maps of the Great Salt Pond and Old Harbor attached to the ordinance from which this section is derived and made a part of this article, are suitable areas for outhauls. The areas designated on the official maps may be amended or changed by the town council, by amendment of this article and by submission and assent by the state coastal resources management council. The harbormaster shall determine the exact location for individual outhauls within these areas as set forth in § 9-82.
(a) 
All outhauls permitted in the Great Salt Pond and Old Harbor will be in either coastal resources management council classified Type 2 or 3 waters, except outhauls which are grandfathered as set forth in § 9-82.
[Ord. of 5-1-2007, § 9-85; amended 11-17-2021 by Ord. No. 2021-10]
Any person aggrieved by the determination of the harbormaster or assistant, with respect to outhauls, may appeal such determination to the town council, provided any outstanding fee or charge determined shall be paid pending the appeal.
[Ord. of 3-19-2004, § 9-86; Ord. of 12-19-2005, § 9-86; Ord. of 5-3-2006, § 9-86; Ord. of 6-2-2008, § 9-86(b), (b)(2), (b)(3), (d), (d)(1); Ord. of 11-16-2011(2); amended 11-17-2021 by Ord. No. 2021-10; 7-9-2025 by Ord. No. 2025-02]
(a) 
Mooring areas, moorings, and moored vessels shall not obstruct the use of fairways, channels, or shoreline facilities. Commercial moorings shall not be terminated in federal navigation projects. Moorings granted by the permission of a federal agency shall be allocated according to the federal "Open to all on an equal basis" mooring allocation policy. Moorings permitted in a federal navigation project shall likewise be allocated according to the federal "Open to all on an equal basis" mooring allocation policy.
(b) 
Before any mooring is secured in a designated town harbor, a permit must be issued by the harbormaster or assistants at the harbormaster's direction. The harbormaster and assistants at the harbormaster's direction, having due regard to the draft of each vessel and facility of navigation shall designate the places where moorings and/or anchorages shall be maintained. No moorings and anchorages in the said waters shall be maintained except at the locations designated on the official maps attached to the ordinance from which this section is derived and made a part of this article. The town council shall establish the fee to be paid for permits to be issued by the harbormaster for moorings.
The harbormaster or assistants at the harbormaster's direction shall issue semi- permanent mooring permit in accordance with the number or cap which has been cooperatively determined by the town, the state coastal resources management council and the state department of environmental management, which is currently 290 private moorings (280 in New Harbor and 10 in Old Harbor) and 100 town rental moorings. The town has permits from the United States Army Corps of Engineers for 100 town rental moorings. Rules, regulations and procedures for obtaining and using these moorings shall be consistent with the Army Corps of Engineers' policy of "open to all on equal terms." All moorings placed in a mooring field not subject to federal mooring allocation policy shall be allocated on a no greater than 3:1 resident to nonresident mooring allocation. The harbors of the town host between 500 and 1,500 vessels over 25 feet, exclusive of marinas, daily during the boating season. Such permits shall be issued by the harbormaster or assistants at the harbormaster's direction on an annual basis and shall be valid from May 1 to April 30 of the following year.
(1) 
The permit issued by the harbormaster or assistants at the harbormaster's direction shall assign a registration number consisting of letters and/or numbers, which shall be affixed to the two opposite sides of the buoy of the mooring. These letters or numbers shall be no less than three inches in height and have contrasting colors, which are deemed appropriate by the harbormaster. Any mooring for which a permit has not been issued shall be subject to removal by the harbormaster or assistants.
(2) 
All mooring areas and moored vessel shall set back at least 50 feet from any dock, pier, pile, or right-of-way to the shore. Mooring areas shall be set back three times the project depth from federal navigation projects. The harbormaster or assistants may permit the temporary anchoring or temporary use of an unoccupied mooring by a vessel in emergency situations or adverse weather conditions. Exceptions shall be made only at the discretion of the harbormaster or assistants at the harbormaster's direction.
(3) 
Any vessel at anchor shall not be less than 100 feet from any harbor entrance, federal channel, steamer lane, fairway or public pier or marina. Any anchored vessel shall not be closer than 50 feet to any mooring field. The harbormaster or assistants at the harbormaster's direction may permit the temporary anchoring or temporary use of an unoccupied mooring by a vessel in emergency situations or adverse weather conditions. Exceptions shall be made only at the discretion of the harbormaster or assistants.
(4) 
An assigned mooring shall be used only by the vessel assigned to it; however, the harbormaster may permit the temporary use of a mooring by another vessel in emergency situations or adverse weather conditions. Use of a mooring by a nonregistered vessel or differently assigned vessel shall constitute a violation of this article. All private mooring buoys shall be white and have the word "Private" in contrasting color, two-inch minimum letters on two opposite sides of the buoy.
(5) 
Mooring permits will be revoked if the mooring is not used by the owners registered vessel annually between June 1 and October 15, unless permit is in name only.
(6) 
The holder of a private mooring permit shall be entitled to transfer the private mooring permit on one occasion only either during the permit holder's lifetime or upon the permit holder's death to any one of the following relatives of the permit holder: spouse (including common-law spouse), child (including a stepchild), sibling (Including a stepsibling), grandparent or parent (including a stepparent).
a. 
In no event shall the recipient of a private mooring permit transferred pursuant to this subsection (b)(6) be entitled to transfer the private mooring permit to any other person either during the permit recipient's lifetime or upon the permit recipient's death.
b. 
In order to effectuate the transfer of the mooring permit, the permit holder shall file a notice of transfer with the harbors department on a form provided by the harbors department. The harbors department shall not accept a notice of transfer and no transfer shall be effective if there are fees owed with respect to the permit to be transferred or if the permit to be transferred is under a notice of revocation.
c. 
The provisions of this § 9-86(b) shall automatically expire December 31, 2023.
(7) 
No more than one mooring permit shall be issued to any one person.
(8) 
Mooring tackle specifications. The harbormaster may approve in writing variances to mooring tackle specifications if such specifications are appropriate for the size of the vessel and the area in which a mooring will be located. Minimum mooring specifications are:
a. 
The minimum length of the pennant should be 2 1/2 times the distance from the bow chock to the water plus the distance from the bow chock to the mooring cleat or post.
b. 
All pennant lines running through a chock or any other object where chafing may occur should have adequate chafe guards.
c. 
The total scope of the chain should be 2 1/2 times the depth of the water at high tide. The bottom and top chain should each consist of approximately 50% of the scope.
d. 
All shackles, swivels, and other hardware used in the mooring hookup should be proportional in size to the chain used.
e. 
All shackles should be properly seized.
f. 
Center pipe mooring buoys are recommended; if a different type is used the pennant must be spliced or shackled into the bitter end of the top chain below the buoy so the strain is not carried by the buoy. The use of a second pennant and anchor in heavy weather is encouraged.
g. 
Only mushroom, pyramid and helical moorings will be acceptable on semi- permanent moorings.
h. 
The minimum distance between any two moored vessels should be no less than 50 feet.
i. 
Semi-permanent mooring size shall conform to the following minimum size requirements as outlined in the harbor management plan.
j. 
The number of vessels allowed per mooring is subject to the size of the mooring, size of vessels, weather conditions, and scope or swing radius; 500-pound moorings are restricted to two vessels, 800 pounds (or more), may have three vessels. All use is subject to review by the harbormaster.
(9) 
All vessels on moorings and in anchorages shall be sited within the respective designated areas.
(10) 
Mooring use shall be equal for all vessels of similar size in all mooring areas.
(11) 
The town shall maintain programs to prevent adverse effects on water quality due to anchored and moored vessels.
(12) 
No person under the age of 16 shall be considered for a mooring permit application.
(13) 
Inspections.
a. 
All new moorings in the coastal waters and harbor areas of the town must have the chain, tackle, and anchor inspected by the harbormaster, designee, or town-certified mooring service provider, prior to setting the mooring.
b. 
Every permit holder shall be required to maintain his mooring in safe condition. Any chain, shackle, swivel, or other tackle which has become warped or worn by one-third its normal 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 article. The harbormaster or designee may inspect any mooring at any time to determine compliance with this section.
c. 
All moorings shall be fully inspected every two years and the results of such inspection shall be reported to the harbormaster. Mooring inspections shall be performed by a qualified mooring inspector. The inspection shall be made by either raising the mooring or by underwater inspection. Such inspection shall determine compliance with the mooring and mooring tackle standards of this article. Any mooring or component of a mooring reported not in compliance with this article shall be replaced within 30 days of such notice. The harbormaster or his designee shall inspect any mooring displaced during a storm, before it is reset. All costs of any mooring inspection required under the provisions of this article shall be the responsibility of the mooring owner.
d. 
Qualified inspectors.
1. 
The harbormaster shall develop and set standards for the requirements and qualifications of mooring inspectors the harbormaster may designate as many inspectors as she feels are necessary. Minimum requirements for mooring inspectors that the harbormaster shall consider are that an inspector must hold a certificate as a certified scuba diver and/or be engaged in the business of and insured as a mooring service, and that all mooring inspectors are familiar with the minimum mooring tackle specifications of this article.
2. 
The harbors department shall make available an application form which potential mooring Inspectors may complete to be considered a designated mooring inspector. The application shall be filed annually with the harbors department with the appropriate fee. The harbormaster shall determine if such applications meet the requirements to be a qualified mooring inspector for the town and shall so designate the applicant as a qualified mooring inspector.
3. 
The harbors department shall keep a list of all qualified mooring inspectors and shall make this list available to all mooring permit holders.
(14) 
All vessels moored or anchored in the waters on Block Island must have valid registration or documentation on the vessel and available for inspection.
(15) 
All vessels moored or anchored in the waters on Block Island for more than two (2) consecutive weeks must present proof of insurance to the Harbormaster. Such insurance shall be maintained continuously during all time periods moored or anchored in waters on Block Island and shall include sufficient general liability and environmental liability coverage for the vessel type. Vessels moored or anchored in the waters on Block Island for more than two (2) consecutive weeks between November 1 and April 30 shall also name the Town as additional insured by endorsement.
(c) 
In the interest of public safety the mooring permit holder, the Town reserves the right to place transient vessels on private moorings in New Harbor.
(1) 
The following conditions apply:
(2) 
Private moorings will be rented only when the town moorings are full.
(3) 
Private moorings will be rented at the same rate as the town moorings (in accordance to the fee schedule).
(4) 
One vessel per mooring will be permitted unless the mooring is 800 pounds or greater.
(5) 
In accordance with the fee schedule, a per-boat, per-rental day fee will be subtracted from the permit holder's renewal fee for the following year; no further compensation will be offered after the permit fee is paid.
(6) 
The town will provide any corrective maintenance from use of the moorings specific to replacement of related mooring equipment and tackle if damaged while utilized by the town.
(d) 
Anchoring and anchorages in Old Harbor (Harbor of Refuge).
(1) 
A vessel seeking a safe haven during times of adverse weather may anchor on its own anchor in the Old (Harbor of Refuge) for a period not to exceed 72 hours. Written consent of the harbormaster is required if the vessel is to be anchored for a period in excess of 72 hours. No vessel anchored under adverse weather shall be left unattended overnight. Operators of such vessels and their passengers may go ashore, but operators must be available to tend the vessel if necessary. It shall be the responsibility of the vessel owner as well as the vessel operator to ensure the vessel remains clear of all moored and anchored vessels, and any structures.
(2) 
Transient vessel anchoring and anchorages in Old Harbor (Harbor of Refuge): A transient vessel may anchor on its own anchor in the Old Harbor for a period not to exceed seven days in a fourteen-day period. Written consent of the harbormaster is required if the vessel is to be anchored for a period in excess seven days in a fourteen-day period.
(3) 
No vessel anchored shall be left unattended overnight. Operators of such vessels and their passengers may go ashore, but operators must be available to tend the vessel if necessary. It shall be the responsibility of the vessel owner as well as the vessel operator to ensure the vessel remains clear of all moored and anchored vessels, and any structures.
[Ord. of 3-19-2004, § 9-87; Ord. of 12-19-2005, § 9-87; Ord. 2013-13, December 18, 2013 § 9-87; amended 11-16-2016 by Ord. No. 2016-04; amended 11-17-2021 by Ord. No. 2021-10]
(a) 
No private or yacht club mooring shall be located in the coastal waters and harbor areas of the town until a permit has been issued for the use of such mooring by the harbormaster. No private or yacht club mooring shall be located nor maintained unless the mooring owner has received a valid mooring permit issued by the harbormaster for the mooring and the mooring conforms to the specifications and standards set forth in this article and permit.
(b) 
Request for a new private or yacht club mooring permit. To be eligible for a private or yacht club mooring permit, an applicant must own a vessel for which a mooring permit is being sought. Applications for new mooring permits shall be submitted to the harbors department with the appropriate fee by December 15 of each year. Mooring permit applications are available at the harbors department office. A complete and accurate mooring permit application must be provided before the harbors department can act to approve or deny such application. The harbors department shall determine if a new mooring permit can be issued only after all provisions of the harbor management plan and these ordinances are met. If an applicant does not own a vessel, the permit may be held in name only for twelve (12) month, at the end of twelve (12) months a vessel has not been obtained, the mooring shall be forfeited.
(c) 
Request for a waterfront mooring permit (riparian mooring). Waterfront mooring Permits to residents with waterfront (rights). This does not include individual property owners who have deeded use of waterfront right of ways. Mooring tackle owned by persons who own waterfront property are allowed to be placed in sufficient coastal waters riparian waters directly adjacent to their waterfront property as bounded by the seaward extensions of that properties lateral lines. The property owner must comply with all mooring permit application requirements and receive a mooring permit from the harbormaster as described herein. A holder of a waterfront mooring permit issued by the harbormaster is authorized to moor any vessel they so choose, as long as the vessel is sea worthy, the location is within sufficient coastal waters and the vessel does not exceed the maximum allowed vessel size of the mooring tackle as described herein.
(d) 
If the harbors department issues any mooring permit, the mooring owner for which the permit has been issued must locate and place the mooring at the direction of the harbormaster or assistant.
(e) 
Permit renewals.
(1) 
Applications for renewal of a private, waterfront, or yacht club mooring permit will be submitted to the harbors department on the application forms provided by the harbors department by December 15 of each year. An application shall be accompanied by the appropriate fee and shall be received by December 15 in the offices of the harbors department. Failure to submit a complete and accurate application by December 15 may result in the loss of mooring permit.
(2) 
The harbors department shall mail the application forms by October 15 of each year to those persons who held valid mooring permits at the end of the previous calendar year, to the address listed on their last mooring permit. It shall be the responsibility of the mooring permit holder to notify the harbors department of any change in address.
(3) 
The harbors department shall approve or reject mooring permit applications by March 1.
(f) 
Relocation of existing permitted mooring.
All requests for relocation of existing permitted moorings must be submitted to the harbors department. Information for such a request must meet the requirements listed for a mooring permit application, as well as show proof of valid mooring permit issued for the previous year. The reasons for a mooring relocation must also accompany the request.
Based upon availability of space, the requirements of this article, and the type and size characteristics of vessel, action will be taken on the request. Any request received by the harbors department that is not complete shall be returned to the applicant and no action will be taken on the request. Waterfront moorings are not eligible for transfer or relocation in the event that access to the water from the property is not practical.
(g) 
Failure to renew an existing valid mooring permit. Failure to renew an existing valid mooring permit In accordance with the provisions of this article by December 15 of any given year shall result in the permitted owner's abandonment of all privileges and interests in the previously permitted mooring space. The harbormaster may remove the now abandoned mooring at the permitted owner's expense. The town, in accordance with any provision of this article, may in turn recover such expenses.
(h) 
Forfeiture and revocation of mooring permit.
Any permit holder of a mooring located in the coastal waters and harbor areas of the town shall be deemed to have forfeited their mooring space by reason of any of the following:
(1) 
Failure to comply with any of the requirements of this article;
(2) 
Removal of mooring and mooring tackle by mooring owner and notification to the harbors department that the mooring has been removed;
(3) 
Failure to respond to the harbors department notice that the mooring does not comply with the mooring tackle standards set forth In this article, or that the mooring has been displaced, moved or sunk from Its permitted location;
(4) 
Failure to resurface or replace mooring, tackle, or buoy within 72 hours unless acceptable arrangements have been made with the harbormaster;
(5) 
Failure to have permitted vessel using mooring, and visually Inspected by the harbors department once between June 1 and October 15 of permitted year;
(6) 
Mooring Is rented at any time by any entity other than the town harbors department;
(7) 
Registration, documentation, and permit stickers are found to be counterfeit or forged;
(8) 
Noncompliance with the no-discharge policy;
(9) 
Registration and documentation is not In permit holder's name;
(10) 
Permit holders whose vessels sink at a mooring must resurface the vessel within 72 hours or make acceptable arrangements with the harbormaster.
(i) 
Available space. As of February 1 of each year, the harbors department shall determine the number of mooring spaces available for moorings placement as the sum of all authorized mooring spaces minus the totals of all completed acceptable mooring permit renewal applications. These available mooring spaces shall be made available to those persons whose names appear on the waiting list.
(j) 
Waiting list procedures. The harbors department shall maintain waiting lists of all resident and nonresident applications for private mooring permit requests when no mooring space is available within the coastal waters and harbor areas of the town. Applicants must be at least 16 years of age. Placement of applications on such waiting lists will be recorded from complete mooring waiting list/policy applications as the harbors department receives them. Confirmation of waiting list placement will be mailed to the applicant. The harbors department shall update the waiting list as applications are received and make the waiting list available for review at all times. Mooring permits will be issued in the order received based on a ratio of no greater than three residents to one nonresident. All mooring permit applications shall be treated according to the federal equal basis mooring allocation policy with the exception for applications from yacht clubs which shall be limited to a total of twenty-three (23) moorings. A one-time fee will be charged for all mooring waiting list applications as set forth in the fee structure of the town. Transfers of waiting list applications are not permitted. Waiting list applicants who are in violation or have past violations of ordinances specific to the waters of Block Island are subject to removal from the waiting list.
(k) 
Mooring permit application requirements.
(1) 
All applications for private mooring permits shall contain the following information:
a. 
Name, address and telephone number (home and office of owner) or
b. 
Resident or non-resident.
c. 
Vessel name, registration number, length (feet), width (Feet), draft (feet), type, and color. Vessel registration must be in waiting list applicant's name.
d. 
Number of sleeping berths, if any, and type of marine sanitation device (MSD), if any.
e. 
Mooring classification, actual-mooring weight.
f. 
Appropriate registration fee. Checks must be signed by permit holder.
g. 
Area(s) where applicant would like to locate mooring, prioritized.
(l) 
To qualify for a new yacht club mooring permit, or to renew, or to renew an existing permitting in that category, the organization submitting the application must meet six criteria.
(1) 
The yacht club must submit a current certificate of good standing from the Rhode Island Secretary of State with its application.
(2) 
The yacht club must have been in existence for at least three years from the date of its legal information.
(3) 
The yacht club must have recreational boating as its primary function.
(4) 
A substantial portion of its members must be owners of cruising or racing vessels that would normally moor or anchor when visiting harbors such as those on Block Island, or hold leases on such vessels.
(5) 
The organization must file with its application the names and addresses of its and directors or members, managers, or partners, as applicable.
(6) 
The organization must file with its application a list of club members' vessels authorized to use its Block Island mooring.
(m) 
All applications for waterfront mooring permits (riparian moorings) shall contain the following information:
(1) 
Name, address and telephone number of the property owner. Property owners must match the name and address
(2) 
Vessel name registration number length (feet), width (feet), draft (feet), type and color. Vessel registration must be in the property owner's name.
(3) 
Number of sleeping berths, if any, and type of marine sanitation device (MSD), if any.
(4) 
Mooring classification, actual-mooring weight.
(5) 
Appropriate registration fee. Checks must be signed by permit holder.
(6) 
Area(s) where applicant would like to locate mooring, prioritized. Riparian rights are limited to the area in the seaward extension of the property's lateral lot lines. If the water area enclosed by the seaward extension of the lateral lot lines does not contain the vessel or is not sufficient to support certain recreational boating facilities, a waterfront mooring permit will not be issued. Riparian rights cannot be transferred to other locations where access is possible.
(7) 
Moorings records. The harbors department shall keep a detailed record of all moorings, their location, along with the owner's name, home (and business, if applicable) address, telephone number(s), mooring permit number, date mooring was set, last mooring inspection date, and vessel data as detailed above.
(8) 
No mooring permit will be issued without proof of the owner's current vessel registration and/or documentation and proof of annual inspection of mooring tackle by a qualified inspector. In the case of a waterfront mooring permit, proof of property ownership will be required.
(9) 
Mooring permits will not be issued, transferred, or otherwise recorded under any corporation, business, trust, or partnership. Applications will be issued to the waiting list applicant only.
(10) 
Mooring permits will include a permanent mooring sticker to be placed on the upper port corner of the permitted vessel only.
[Ord. of 3-19-2004, § 9-88; Ord. of 12-19-2005, § 9-88; amended 11-17-2021 by Ord. No. 2021-10]
(a) 
The areas indicated on the maps of the Great Salt Pond and the Old Harbor attached to the ordinance from which this article was derived and made a part of this article, are proper areas for temporary moorings, permanent moorings and anchorages. The areas designated on the official maps may be amended or changed by the town council, by amendment of this article and by submission and assent by the state coastal resources management council and U.S. Army Corps of Engineers where applicable. The harbormaster shall determine the exact location for individual moorings within these areas as set forth in § 9-86.
(b) 
All mooring sites in the Great Salt Pond will be In either coastal resources management council classified type 2 or 3 waters or department of environmental management classified SB waters, except replacement of those moorings which were utilizing type 1 or SA waters as of the Great Salt Pond reclassification date. All future moorings will utilize type 2 or type 3 or SB waters with the exception of riparian property owners. There will be no increase in the number of moorings in type 1 or SA waters.
(c) 
Mooring placement shall not obstruct shellfish management areas, fishing grounds, recreation, and conservation areas. All reasonable effort shall be undertaken to ensure that mooring areas will not adversely affect fish/shellfish resources, wetlands, submerged aquatic vegetation, or other sensitive aquatic habitat.
(d) 
Maps will take precedence over written descriptions where discrepancies exist.
[Ord. of 3-19-2004, § 9-89; Ord. of 12-19-2005, § 9-89; amended 11-17-2021 by Ord. No. 2021-10]
The harbormaster or assistants shall make the determination as to the classification of each vessel for the purpose of establishing the mooring fee or wharfage charge to be assessed based upon the mooring classifications as defined in §  9-41. Any person aggrieved by the determination of the harbormaster or assistant may appeal such determination to the town council, provided the fee or charge determined shall be paid pending the appeal.
[Ord. of 3-19-2004, § 9-90; Ord. of 12-19-2005, § 9-90; amended 11-17-2021 by Ord. No. 2021-10]
All powers and rights of arrest and detention are vested in police officers under the laws of the state and this Revision.
[Ord. of 3-19-2004, § 9-91; Ord. of 12-19-2005, § 9-91; Ord. of 6-2-2008, § 9-91(c); amended 11-17-2021 by Ord. No. 2021-10]
(a) 
Operators of any vessel shall not operate their vessel or seaplane at a speed greater. than five miles per hour and generate no wake within the entire areas of Old Harbor, within 500 feet of any wharf or pier in either Old Harbor or the Great Salt Pond and specifically in the Great Salt Pond from the #7 can at the harbor entrance through the entire navigational channel and all of Trim's and Harbor Pond.
(b) 
Areas in Great Salt Pond where speeds above five miles per hour are permitted shall be limited to those designated as recreation, conservation and no anchorage zones. The speed limit within the Great Salt Pond is five miles per hour throughout the harbor, with a recreational area set aside in the north end. The recreation area can only support high-speed uses of water skiing, personal watercraft (jet skis), and windsurfing. Personal watercraft shall not exceed a maximum speed of five miles per hour to taxi in and out of the harbor and when proceeding to and from the designated recreation area in the north end of the harbor and must otherwise conform with G.L. 1956, § 46-27 and any other coastal resources management council regulations. Operators of vessels and seaplanes shall operate at all times in a reasonable manner so as not to endanger or annoy any vessels in the harbor. Operators shall not be permitted to operate their vessels in a reckless manner.
(c) 
Vessels used alone or engaged in activities including, but not limited to, water skiing, paragliding, and other like uses are not allowed within 200 feet of any designated swimming area, mooring area, shore side facility, rights-of-way Ingress and egress point, launching ramp or navigation fairway. Vessels used in such activities are allowed within 200 feet of shore side facilities when the sole purpose is to begin or end such activity.
[Ord. of 3-19-2004, § 9-92; Ord. of 12-19-2005, § 9-92; amended 11-17-2021 by Ord. No. 2021-10]
(a) 
Water skiing, paragliding and use of personal watercraft above headway speed within any part of Old Harbor are prohibited. Water skiing, paragliding, and the use of personal watercraft in the Great Salt Pond are permitted only in the designated recreation area.
(b) 
Water skiing, paragliding, windsurfing, swimming, and any high-speed activity is prohibited in all anchorage and mooring areas.
[Ord. of 3-19-2004, § 9-93; Ord. of 12-19-2005, § 9-93; amended 11-17-2021 by Ord. No. 2021-10]
No person on any vessel anchored, moored or operating in the waters of the Old Harbor or Great Salt Pond shall make loud noises or create disturbances, vocally or by electrical or mechanical means, including fireworks. Chapter 12 of this Revision, pertaining to noise, shall govern the enforcement of excessive noise.
[Ord. of 3-19-2004, § 9-94; Ord. of 12-19-2005, § 9-94; Ord. of 6-2-2008, § 9-94; Ord. of 1-18-2012; amended 11-17-2021 by Ord. No. 2021-10]
To prevent contamination and/or pollution of shellfish, for the health and protection of the public, and to provide space for water-dependent recreational activities, no vessel of any size having sleeping and living accommodations aboard with or without toilet facilities, shall moor or anchor within the northerly portion of the Great Salt Pond extending east to west, 41.11-36.0 N, 71.34-28.3 W, 41.11-41.6 N, 71.35-18.4 W. from the old marine sail way to the end of the Coast Guard dock. Anchorage is prohibited in mooring areas designated as no anchorage areas. Anchoring prohibited west of the main channel, 41.11-41.6 N, 71.35-18.4 W (Coast Guard Dock), 41.11-10.7 N, 71.34-41.3 W (adjacent of Nun 14), 41.10-58.5 N, 71.34-31.5 W. Anchoring prohibited in Mooring Field A located east of channel. The harbormaster or assistants may permit the temporary anchoring or mooring by a vessel in emergency situations or adverse weather conditions.
[Ord. of 3-19-2004, § 9-95; Ord. of 12-19-2005, § 9-95; amended 11-17-2021 by Ord. No. 2021-10]
(a) 
No person on any vessel moored or operating in the waters of Old Harbor or the Great Salt Pond shall throw garbage, waste (solid and/or liquid), including plastics, fuel oils, or derivatives thereof, rubbish, swill, offal or refuse, into the waters of the harbors and shall not dump, pump or discharge waste from marine toilets or holding tanks into the waters of the Old Harbor, Cormorant Cove, the "Hog Pen", Trims Pond, Harbor Pond, or Great Salt Pond. Cleaning of boat bottoms below the water line is prohibited.
(b) 
Any marina operating in type 3 waters, as that term is defined by the coastal resources management council, in the Great Salt Pond, is required to have a pumpout station on line fully operational, and otherwise having such permits as required by law therefore, no later than nine months from the designation of an area as type 3 waters. Any marina not in compliance with this article is subject to a fine for each and every day after the nine-month period that it is not in compliance. All marinas shall continue to provide and maintain federal-, state- and town- approved pumpout facilities conveniently available for all vessels at their facilities.
(c) 
The town shall provide a free vessel holding tank pumpout service for all vessels in Great Salt Pond and Old Harbor.
(d) 
The town maintains an ongoing water quality testing program in the Great Salt Pond.
(e) 
The harbormaster or assistants shall have authority to routinely inspect all marina pumpout facilities.
[Ord. of 3-19-2004, § 9-96; Ord. of 12-19-2005, § 9-96; Ord. of 5-3-2006, § 9-96; amended 11-17-2021 by Ord. No. 2021-10]
The United States Environmental Protection Agency (EPA) designated the Great Salt Pond as a no-discharge zone in May 1993 and Old Harbor In August 1998. The discharge of sewage (whether treated or untreated) from a vessel is prohibited. The harbormaster and assistants have the authority to board vessels to inspect and seal heads and administer dye to toilet facilities and holding tanks, and the town authorizes its harbormaster and assistants to the harbormaster to apply G.L. 1956, §§ 46-12-39, 46-12-40, and 46-12-41.
[Ord. of 3-19-2004, § 9-97; Ord. of 12-19-2005, § 9-97; amended 11-17-2021 by Ord. No. 2021-10]
Open fires, burning wood, coal, charcoal or any similar material in hibachis, charcoal burners or similar portable stoves shall be prohibited on all vessels moored at any private or public dock or marina in either the Great Salt Pond or Old Harbor, including all vessels that may be within the Old Harbor Basin, whether tied directly to a pier, anchored or moored, and including any and all vessels that may be secured in any manner whatsoever to a dock or other vessel in the Great Salt Pond. Fires shall be likewise prohibited on any part of the wooden structure of the town dock within the inner basin of the Old Harbor.
[Ord. of 3-19-2004, § 9-98; Ord. of 12-19-2005, § 9-98;amended 11-17-2021 by Ord. No. 2021-10 ]
Per CRMC regulation 33.5(C) (2-.3) Houseboats may be permitted within the boundaries of a marina and floating businesses may be permitted within the boundaries of a marina or a port. No person or entity shall operate a commercial business in or on the water -state waters that would present a safety hazard to their customers or to other members of the public at large. The determination of whether or not a safety hazard will be created shall be the responsibility of the harbormaster who shall report any such hazards to the town manager.
[Ord. of 3-19-2004, § 9-99; Ord. of 12-19-2005, § 9-99; Ord. of 6-2-2008, §§ 9-99, 9-99-1, 9-99-1.1; amended 11-17-2021 by Ord. No. 2021-10]
(a) 
Procedures; penalties.
(1) 
No derelict dock shall be deposited upon a beach, public right-of-way, or in the waters under the jurisdiction of the harbormaster.
(2) 
No derelict vessel shall moor or anchor in waters under the jurisdiction of the harbormaster.
(3) 
When the harbormaster or assistants determine that a vessel or a dock is derelict, the harbormaster or assistants may take custody and control of such vessel or dock and may remove and/or store it, all at the expense and sole risk of the vessel or dock owner. Notice of such removal and/or storage shall be given in the following manner:
a. 
The harbormaster or assistants shall affix a notice to the derelict vessel or derelict dock instructing the owner to remove the vessel or dock within 72 hours. In the event that the derelict vessel or derelict dock is not removed within 72 hours, the harbormaster or assistants may take custody and control of such vessel or dock and remove and/or store it.
b. 
In the event that the harbormaster or assistants removes and/or stores a derelict vessel, the harbormaster or assistants shall give written notice by regular first class mail to the owner of the derelict vessel that the vessel has been removed and/or stored. Such notice shall direct the owner to contact the harbormaster within ten days for purposes of claiming and removing the derelict vessel and paying all costs and fines associated with the removal and/or storage of the derelict vessel. For purposes of providing written notice, the name and address of the owner of a derelict vessel shall be deemed to be:
1. 
The name and address of the person of record who has been issued a certificate of number for the vessel by the state department of environmental management pursuant to G.L. 1956, § 46-22-4; or
2. 
The name and address of the person of record of a vessel covered by an identification number, which has been awarded to the vessel pursuant to federal law or a federally approved numbering system of another state.
c. 
In the event that the harbormaster or assistants removes and/or stores a derelict dock, the harbormaster or assistants shall give written notice by regular first class mail to the owner of the derelict dock that the dock has been removed and/or stored if the name and address of the owner of the dock is known to the harbormaster or assistants. Such notice shall direct the owner to contact the harbormaster within ten days for purposes of claiming and removing the derelict dock and paying all costs and fines associated with the removal and/or storage of the derelict dock.
(4) 
Notwithstanding the above, if at any time the harbormaster or assistants at the direction of the harbormaster determine that a vessel or dock is likely to damage private or public property, or Is a hazard to navigation or the environment, the harbormaster or assistants may immediately remove, or cause to be removed, the vessel or dock. The harbormaster or assistants at the direction of the harbormaster may permit a derelict vessel to remain in place in emergency situations or adverse weather conditions.
(5) 
If the owner fails to remove the vessel or dock within 72 hours of the notice as specified in subsection (a)(3)a of this section, or make acceptable arrangements with the harbormaster or assistants, the owner shall be subject to a fine of $100.00 per day or imprisonment not to exceed ten days.
(b) 
Removal, disposal and sale of derelict vessel or derelict dock. In the event that the owner of a derelict vessel or derelict dock does not claim and remove the derelict vessel or derelict dock and pay all costs and fines associated with the removal and/or storage of the derelict vessel or derelict dock within 30 days of the date that the harbormaster or assistants at the direction of the harbormaster removed the derelict vessel or derelict dock, the harbormaster or assistants at the direction of the harbormaster may proceed to dispose of or sell the derelict vessel or derelict dock in a manner which the harbormaster determines is appropriate provided that at least 30 days prior to any such disposal or sale the harbormaster shall place a notice in a newspaper of local circulation setting forth that the vessel or dock will be disposed of or sold. In the event that the vessel or dock is sold, the proceeds from the sale shall be used to defray the costs incurred by the town for the removal, storage, disposal and/or sale of the vessel or dock.
(c) 
Off-season storage of docks. The off-season storage of dock on the waters of Old Harbor and Great Salt Pond is not permitted. Exceptions will be made to those facilities where permitted docks are placed on permitted moorings of same licensing or ownership. The historic practice of off-season storage of docks on Rat Island by commercial marinas will be allowed on an interim basis but that practice will be prohibited after May 2021.
(d) 
Liability and enforcement of liens.
(1) 
The owner of a derelict vessel or derelict dock removed, relocated, stored or disposed by the harbormaster in accordance with subsection (b) of this section shall be liable to pay the cost and expenses of the removal, relocation, storage, and/or disposal, or to repay the same when paid by the town pursuant to the provisions of G.L. 1956, § 46-4-6.10.
(2) 
The costs, charges and/or expenses paid by the town for any vessel or dock, removed, relocated, or stored by the harbormaster in accordance with this subsection and subsection (b) of this section, until paid, shall constitute a lien on the vessel or dock In favor of the town. A lien acquired by the town on any vessel or dock by virtue of this section may be enforced by the town through the sale of such vessel/dock, or other property in accordance with the maritime law of the United States, if applicable, or otherwise in accordance with the General Laws of the state.
[Ord. of 3-19-2004, § 9-101; Ord. of 12-19-2005, § 9-101; amended 11-17-2021 by Ord. No. 2021-10]
(a) 
No person shall block, barricade or impede the public use of or access to designated public rights-of-way to the water as defined by the coastal resources management council or the town.
(b) 
No person shall store a vessel, vehicle or structure on a designated public right-of-way to the water as defined by the coastal resources management council or the town.
(c) 
Any person in violation of this section shall be subject to a fine in accordance with this article and/or the applicable provisions of the RICRMP.
[Ord. of 3-19-2004, § 9-102; Ord. of 12-19-2005, § 9-102; Ord. of 6-2-2008, § 9-102; amended 11-17-2021 by Ord. No. 2021-10]
Vessel operators shall obey lawful directions given to them by the harbormaster or assistants exercising duties lawfully assigned or by any police officer employed by the town police department in enforcement of the provisions of this article, G.L. 1956, title 46, ch. 22, any other applicable state law 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 vessel operators immediately upon being instructed by the harbormaster, assistants or police officer employed by the police department, by voice or such sound device as may be used, shall heave to, to allow boarding by such harbormaster, assistants or police officer, and shall comply with the lawful direction of such harbormaster, assistants, or police officer. Checking of all required safety equipment, as well as proper registrations of vessels under power, shall be considered a lawful direction of the harbormaster, assistants or police officer. Any person in violation of this section shall be subject to the fines specified in this article or in G.L. 1956, § 46-22-19.
[Ord. of 3-19-2004, § 9-103; Ord. of 12-19-2005, § 9-103; Ord. of 6-2-2008, §§ 9-103, 9-103-1, 9-103-2; amended 11-17-2021 by Ord. No. 2021-10]
(a) 
Penalty and fines for violations. Pursuant to this article and the powers granted by G.L. 1956, § 46-4-6.10, and G.L. 1956, title 46, ch.22, and other General Laws of the state, the harbormaster, assistants or any police officer employed by the town police department are authorized to issue a form and a summons to any person who violate any provision of this article. Any person issued a form and a summons shall be subject to penalties and fines as set forth in this article, unless otherwise established by the state statute in accordance with the penalties ascribed to those violations. Any fine for a violation not specifically set forth in this article or otherwise established by state statute shall not exceed $100.00 per day or imprisonment not to exceed ten days. Each day a violation continues shall be deemed a separate offense subject to an additional penalty and fine.
(b) 
Informal procedure for the payment of fines.
(1) 
Payment without personal appearance. The harbormaster, assistants or police officers employed by the New Shoreham police department, who charge any person with an offense under this article, shall issue a form and a summons for the offense. The form and a summons shall allow the offender to dispose of the charge without the necessity of appearing before the district court of the state, or such other courts as are designated in the summons; provided, however, that any offender who has been guilty of a third or subsequent violation within 12 months of the first offense must appear before the district court on the date specified on the summons, and may not dispose of the third or subsequent offense administratively.
(2) 
Method of payment. An offender electing to dispose of the charge without personally appearing before the district court shall execute the form indicated and return it to the New Shoreham 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) 
Failure to answer. An individual who fails to execute the form and mail or deliver the form and summons accompanied by a check or money order in the amount indicated by the schedule of fines on the form within 21 days of the date of the summons, shall be deemed to have waived the right to dispose of the notice of violation without personal appearance and must appear before the District Court on the date specified on the summons.
(c) 
Procedure for appeals of fines and penalties. Any person aggrieved by any issuance of a fine or penalty by the harbormaster, assistants or by any police officer employed by the New Shoreham police department made under this article, may appeal by appearing before the district court on the date specified on the summons.
[Ord. of 3-19-2004, § 9-104; Ord. of 12-19-2005, § 9-104; amended 11-17-2021 by Ord. No. 2021-10]
In accordance with G.L. 1956, § 46-22-14, as amended, the town shall have the authority to enforce all applicable sections.
[Ord. of 3-19-2004, § 9-105; Ord. of 12-19-2005, § 9-105; amended amended 11-17-2021 by Ord. No. 2021-10]
Proposed amendments to this article require review by the harbors commission and the town council.