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State law reference — Harbors and harbor lines, G.L. 1956,
§ 46-4-1 et seq.; powers conferred upon New Shoreham town
council relating to public waters, G.L. 1956, § 46-4-6.10;
appointment of harbormaster, G.L. 1956, § 46-4-6.10.
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[Ord. of 3-19-2004, § 9-41; Ord. of 12-19-2005, § 9-41; Ord. of 5-1-2007, § 9-41; Ord. of 6-2-2008, § 9-41; Ord. No. 2013-13, December 18, 2013, § 9-41;
amended 11-17-2021 by Ord. No. 2021-10]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Means any weather condition which could cause damage to vessels,
impede the operation of vessels or pose a hazard to the operation
of a vessel. Adverse weather includes, but is not limited to, tropical
depressions, tropical storms and instances of adverse wind conditions.
Means to secure a vessel temporarily to the bottom of a water
body by dropping an anchor from a vessel.
Means any town harbor department employee or designee.
Includes ship, vessel, or any other type of watercraft or
seaplane.
Includes any water areas that are federally maintained and
reserved for unobstructed movement of vessels.
Means any type of vessel used primarily for carrying passengers
for hire.
Means all waters bordering the town from the shore to a distance
of 600 feet seaward not included in the designation "harbor waters."
Means any type of vessel used primarily for any type of commercial
venture, including but not limited to fishing, towage, salvage and
the carrying of passengers for hire.
Means any dock which poses an immediate danger to navigation,
the environment, or public or private property, or is deposited upon
a beach, public right-of-way, or in state waters without authorization
from the harbormaster, or pursuant to a permit issued by the coastal
resources management council.
Means any of the following:
Any vessel not properly numbered, registered or documented,
pursuant to the provisions of G.L. 1956, Title 46, Ch. 22, or pursuant
to applicable federal or state law;
Any vessel which poses an immediate danger to navigation, the
environment, or public or private property;
Any motorized vessel over 12 feet which has been left unattended
on a beach or public right-of-way for 24 hours or more;
Any vessel which is left unattended in state waters for 72 hours,
except for those vessels located in the designated mooring and/or
anchorage areas in the Great Salt Pond/New Harbor during the period
of May 1 through November 1;
Any vessel not in a location the harbormaster has designated
for mooring or anchorage; during the period of May 1 through November
1, any vessel left on a mooring to which the vessel is not assigned
will be deemed derelict;
Any vessel which is abandoned, forsaken, deserted or cast away
by the owner; or
Any vessel which is disabled, drifting, sinking, or otherwise
unfit to be in the waters, or which, in the opinion of the harbormaster,
is unsound, unseaworthy, or unfit, the basis of which determination
shall include but is not limited to a vessel which is:
Deteriorated, rotten, damaged, dismantled, or otherwise in a
state of disrepair so as to admit water where designed to be watertight,
or otherwise not seaworthy as it was originally designed and built;
Not capable of navigating under its own power; or
Not capable of being lawfully operated in the waters of the
state.
Means a vessel with a maximum length of 14 feet and is a
tender to a larger vessel that is moored or anchored in a town harbor
or coastal water area.
Means any float, floating dock, or permanent structure such
as a pier, pile or wharf, which is designated for in-water, short-term
dinghy tie-up.
Means any float, floating dock, or permanent structure such
as a pier, pile or wharf, which is used for the purpose of securing
or berthing an in-water vessel.
Means the person charged with the overall management and
control of the Old Harbor docks and anchorage and the collection of
all fees established by the town council. The dockmaster reports directly
to the harbormaster.
Means the navigable portion of a body of water specifically
designated for the ingress and egress of vessels within the harbor
waters.
Means a building constructed on a raft or hull that is represented
as a place of business, including, but not limited to, waterborne
hotels, restaurants, marinas or marina-related businesses.
Means Old Harbor, inner and outer basin, and New Harbor which
shall include Great Salt Pond, Cormorant Cove, Inner Harbor (Hog Pen),
and Trims Pond, and shall also include the approaches and harbor entrances.
Means a harbor offering a safe haven to private and commercial
vessels and their operators during times of adverse weather. Rules,
regulations and procedures for mooring and anchoring in a harbor of
refuge shall be consistent with United States Army Corps of Engineers'
policy of "open-to-all on equal terms."
Means the harbormaster of the town as appointed by the town
council and shall refer to the appointed assistant or assistants where
applicable. The harbormaster's authority shall include the enforcement
of the provisions of the town harbor ordinances and any additional
regulations subsequently required for the implementation of this harbor
management plan.
Means a committee appointed by the town council and charged
with providing advice to the town council regarding the Old Harbor,
Great Salt Pond, harbor facilities and areas.
Means the slowest possible speed, or no more than 5 miles
per hour, that a vessel can be operated and maintain steerage way.
Means a building constructed on a raft, barge, or hull that
is used primarily for single or multiple family habitation; use for
transportation or recreation is secondary.
Means persons intending to sleep on board a vessel for more
than three consecutive days or more than six days in any given month
shall be considered to have lived on board a vessel.
Means the securing of a vessel by anchoring, attachment to
a mooring, rafting to another vessel, and/or tying to a pier, pile
or wharf.
Means a semi-permanent anchorage installation consisting
of a heavy anchor or block, mooring buoy, and a pennant used for securing
a vessel.
Means a license granted by the town on an annual basis to
place a mooring in the waters. This license may be revoked at any
time for failure to comply with the provisions of this article.
Means a permit issued annually by the Harbormaster to residents
and non-residents which is assigned to a vessel where the mooring
tackle associated with the mooring permit is used by the mooring holder.
Means a permit issued annually by the Harbormaster to a riparian
property owner which is assigned to a vessel where the mooring tackle
associated with the mooring permit is used by the permit holder. Mooring
permit, Yacht Club means a permit issued annually by the Harbormaster
to a yacht club which is assigned to vessels where the mooring tackle
associated with the mooring permit is used by the permit holder.
Means the water space assigned to a permit holder by the
Harbormaster where the mooring tackle associated with the mooring
permit is placed.
Means the hardware used to secure a vessel at a mooring and
which is kept in place seasonally or semi-permanently.
Means a mooring which is rented or leased to resident's and
non-residents annually which is assigned to a vessel within a designated
mooring area.
Means a mooring which is rented or leased by the Harbormaster
on a first-come, first-served basis for transient vessel use within
the Town mooring area.
Means a mooring held by a riparian property owner under a
permit granted by the Town of New Shoreham which is located within
sufficient coastal waters bordering that property as bounded by the
seaward extension of that property's lateral lot lines.
Means a mooring which is rented or leased to a yacht club
which is registered in the corporate, business or club name and used
by members of said private yacht or boat club.
Means vessels that are supported by the dynamic lift of hydrofoils
or other lifting surfaces such as planning hulls.
Means any vessel registered to a local, state or federal
governmental entity and utilized by official government personnel.
Means the waters of Old Harbor inside the granite breakwater
as designated on NOAA nautical charts and as designated by the U.S.
Army Corps of Engineers.
Means a recreational boating facility that consist of an
anchoring device, for the purpose of securing a boat in tidal waters
and retrieving it from shore.
Means a license issued by the town, on authority granted
by CRMC, on annual basis to locate or maintain an outhaul(s).
Includes individuals, corporations, societies, associations
and partnerships.
Means 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.
Includes outhauls, marinas, launching ramps, residential
boating facilities, recreational wharves, piers and slips, floats
or floating docks, and recreational mooring areas.
Means any vessel designed for navigation on the water and
used primarily for pleasure.
Means the person owning the vessel assigned to a mooring
permit at the time of issue.
Means any real property taxpayer of the town or a resident as defined in § 2-2.
Means unobstructed path, corridor or access way from land
to shore leading to or along the coastal waters and shoreline areas
below the high water mark.
Means aircraft equipped for landing and taking off on the
water.
Means locations having adequate water depth and barrier-free
access for the purpose of mooring vessels.
Means any vessel which seeks to moor and/or anchor in, on
a temporary basis.
Means those areas indicated as "type 1" waters on the maps
of the Great Salt Pond and the Old Harbor as designated by the Rhode
Island Coastal Resource Management Council.
Means any vessel whose operator, captain, crew, or owner
is not made available to the vessel or town harbors department personnel.
Means the fee established and charged on a daily basis for
use of a harbor of refuge.
Includes every description of watercraft, including non-displacement
craft and seaplanes, used or capable of being used as a means of transportation
on water.
Means water area over which the town hereby asserts jurisdiction
are classified as follows:
Harbor waters.
Mooring zones. Those areas primarily designated for placement
of moorings.
Transient anchorage zone. Those areas designated for the short-term
use of vessels and seaplanes and any vessels seeking emergency shelter.
No anchoring zone. Those waters exclusively designed for the
protection of water quality, recreation, shell fishing, wildlife and
plant habitat values. Transient anchorage and moorings are prohibited.
Navigational channel. That area specifically designated for
the navigational ingress and egress of vessels and seaplanes to the
harbor waters.
Areas under jurisdiction.
All waters surrounding the island out to a distance of 600 feet
from the mean high water line for the purpose of implementing the
provisions of G.L. 1956, § 46-4-6.10.
Harbors. The Old Harbor, inner basin, within the confines of
the sandstone breakwater, and outer basin, within the confines of
the granite breakwater; Great Salt Pond, which shall Include Cormorant
Cove, Inner Harbor (Hog Pen), Trim's Pond and Harbor Pond, shall also
include the approaches and harbor entrance.
New Harbor closure line. All harbor water enclosed within the
bounds of a straight line across the northerly extension of the New
Harbor breakwaters, and based upon the physical configuration of the
harbor in 1989.
[Ord. of 3-19-2004, § 9-42; Ord. of 12-19-2005, § 9-42; amended 11-17-2021 by Ord. No.
2021-10]
It is the purpose of this article to promote the public health,
safety and welfare by regulating and controlling the use of the harbors
and harbor facilities in the town in accordance to G.L. 1956, §
46-4 – 6.10, and to establish the authority and duties of the
harbormaster and harbormaster assistants.
