[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 § 9-8282.
[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]
(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.
(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.
(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 § 9-8686.
(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 § 9-4141. 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 12-19-2005, § 9-100; amended 11-17-2021 by Ord. No. 2021-10]
(Reserved)
[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.
