[Added 11-17-2021 by Ord.
No. 2021-10]
(a)
Use of Piers.
(1)
No vessel shall berth at any of the Town docks without authorization
from the harbors department.
(2)
Applications and waiting lists for berths for commercial and
charter vessels are available and maintained by the Harbors Department.
(3)
A vessel owner whose application has been approved and has been
so notified by registered and regular mail shall pay the required
dockage fee and any arrearages owed prior to the issuance of a berthing
permit. If such a payment is not received within twenty (20) days
after the applicant's receipt of notice of approval of an application,
the Town shall deem the approval withdrawn, and consider other applications.
(4)
A vessel owner who owns a berthing permit and who is not in
arrears on any payment to the Town and meets all the requirements
herein shall have his permit automatically renewed for the following
year provided that all documentation requested by the Harbors Department
has been provided by April 1st annually. Berth holders who have their
permits revoked lose all seniority rights and cannot be reinstated
in the harbor or be placed on a waiting list for entry into the harbor
until all past due amounts are paid in full plus any interest due.
(5)
Berthing permits shall not be transferred with the sale of any
vessel. The berthing permit will remain with the permit holder provided
that a new vessel is purchased within (1) one year and all fees remain
paid in full. The sale of more than 50% ownership of a vessel, stock
or otherwise, shall be deemed to be the sale of the vessel with the
same prohibition on the transfer of berthing rights as descried above.
(6)
Upon death of berthing permit holder, the decedents estate shall
be allowed to hold the permit for the current season and must participate
in the yearly renewal process.
(7)
Fees shall be as ordered by the Town Council of the Town of
New Shoreham annually.
(8)
Residency for Charter and Commercial slip holders: Residency is defined in Chapter 2, Article I, Section 2-2 of the Ordinances of the Town of New Shoreham and Article 3 Section 9-41 of the Harbor Management Plan. A person shall live on Block Island for 9 months out of the year and also be a registered Block Island voter. Fees shall be as ordered the Town Council of the Town of New Shoreham annually. Slip holder residency will be reviewed annually.
(9)
All fees are due to the Harbors Department when renewal applications are due on April 1st, The Town shall have a lien upon the boat for any monies due for fees which are in default more than 90 days. Said lien may be enforced by sale of boat in accordance with the procedure set forth in Title 34, Chapter 35, of General Laws of 1956, and any amendments thereto. For purposes of Section 9 (e) of said Chapter, a failure to pay all fees when due shall effect an automatic withdrawal of any consent by the Town of New Shoreham.
(10)
An assigned berth shall be used only by the vessel assigned
to it: however, the harbormaster may permit the temporary use of a
berth by another vessel in emergency situations or adverse weather
conditions. Use of a berth non-registered vessel shall constitute
a violation of this article, and may result in revocation of the berthing
permit.
(11)
No more than one berthing permit shall be issued to any one
person or corporation.
(12)
A boat owner, whose application has been approved and accepted,
has one year of date of approval to show required paperwork.
(13)
When a vessel is sold, the berth contract does not with the
sale of the vessel. The berth contract is valid for the remainder
of the contract term and may be renewed by the original vessel owner
provided that the new vessel is purchased within one (1) year of the
sale of the previously owned vessel and all fees remain paid in full.
The sale of the ownership of 50% or more in the ownership of a vessel
shall be deemed to be the sale pf the vessel with the same prohibition
on the transfer of berthing rights as described above. If the vessel
is incorporated, the original owner of the vessel or corporation must
own 51% or more of the corporation for the vessel to still be subject
to the terms of the original berth contract. If the vessel is incorporated
and the original owner of the vessel or corporation owns less than
51% of the corporation then the original berth contract is void.
(14)
The holder of a berthing permit shall be entitled to transfer
the berthing permit on one occasion only either during the Permit
holder's lifetime or upon the permit holder death to any one of the
following relatives of the permit holder: spouse (including common
law spouse) child (including step sibling), grandparent or parent
(including step parent) grandchild (including step grandchildren).
(15)
In no event shall the recipient of a berthing permit transferred
pursuant to this subsection (b)(6) be entitled to transfer the berthing
permit to any other person either during the permit recipient permit
death. In order to effectuate the transfer of the berthing permit
the permit holder shall file a notice of transfer with 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.
(16)
The Town practice of permitting a one-time transfer of a berthing
permit will expire December 31, 2023.
(17)
Dumping of garbage, oil, refuse, fish offal, waste, or other
substances in public tidewaters prohibited by the State and Federal
Laws and shall be considered cause for revocation of a berthing permit
and other penalties prescribed by law.
(18)
Open fires, wood burning, coal, charcoal or portable stoves
are prohibited on vessels moored anywhere at Old Harbor Docks, and
any wooden portions of the docks.
(19)
Trash Disposal (boat owners only) is provided at the dumpster
next to Old Harbor Dock Office.
(20)
Berths for the sole use of live abroad vessels are prohibited.
Considerations for hired hands/mates can be made by written request
of the slip holder, to the Harbormaster and or Harbor Committee.
(b)
Charter Vessels.
(1)
Charter vessels shall be defined as an vessel carrying passengers
for hire.
(2)
Six (6) slips are provided for charter vessels in Old Harbor.
(3)
Charter slips will only be issued for those vessels which are
and will be, actively engaged as charter boats during the year for
which the slip is issue.
(4)
Applicants must provide to the Harbors Department, proof of
vessel ownership copy of current Coast Guard License to carry passengers
for hire for applicant and each operator. In the event a permit holder
is a corporation, the slip holder must provide an application or renewal.
(5)
Applicants must meet all State of Rhode Island requirements
for license for charter boats and provide copies to the Harbors Department
annually with the application.
(6)
Applicants must demonstrate that they will be engaged in carrying
passengers for hire by certifying that:
a.
Vessels are documented and properly registered in the State
of Rhode Island.
b.
Applicants for renewal must demonstrate that they have been,
and will be, engaged in carrying passengers for hire fill at least
40 days of the previous year or as regulate/restricted by State regulations
by providing copies of Log Books and Landings for the previous season.
c.
New applicants must provide documentation of purchase of and
all necessary documentation in compliance with the permit application.
(7)
The season runs May 1st to April 30th. Renewal applications
will be sent out February 1 with a deadline date of March 1.
(8)
The Town of New Shoreham reserves the right to use any or all
charter slips if deemed necessary by the harbormaster in emergency
situation or for safety purposes.
(9)
Signs shall not be larger than 2 ft. x 3 ft. and shall not be
permanently affixed to the dock. Signage is subject to the Harbormasters
approval and must conform to the Towns Historic District signage regulations.
(10)
Dock area for each charter shall be kept clean and free of fish
debris, etc. No equipment shall be left on the dock overnight other
than fish cleaning tables and fresh water hoses,
(11)
A permit otherwise include the right to occupy land on the waterfront
or dock in any manner permit vending of goods of any kind.
(c)
Commercial Vessels.
(1)
Permits will be issued only for those vessels which are and
will be actively engaged as commercial fishing as regulated by Federal
or State Regulations, during the year for which the permit is issued.
The harbormaster or dockmaster will assign slips and re-assign slips
as deemed necessary.
(2)
Applicants for permits must be holders of a State or Federal
Commercial Fishing License.
(3)
Applicants for renewal must demonstrate that they have been,
and will be, engaged in commercial fishing on at least 40 days of
the previous year or as regulated/restricted by Federal and/or State
regulations by providing copes of Log Books and landings for the previous
season; or
(4)
Annual wharfage fees are to be included with the application
renewal that is due by April 1. Annual wharfage period is from July
1 to June 30.
(5)
Renewal applications will be sent out February 1 and are due
back by April 1. Permit holders must annually provide copies of the
following to the Harbors Department:
(6)
The bait dock located on the north end of the west dock shall
be used by commercial fishing vessels only. The harbormaster and or
dockmaster shall have the discretion to temporarily put non-commercial
vessels on the bait dock when deemed necessary for safety.
(7)
No gear, barrels nets, equipment, or other material shall be
used by commercial fishing vessels only. The Harbormaster and or Dockmaster
shall have the discretion to temporarily put non-commercial vessels
on the bait dock when deemed necessary for safety.
(8)
No gear, barrels, nets, equipment or other material shall be
allowed to remain on a pier or on land adjacent to and providing access
to access to the pier for more than 7 days. Plastic 35 gallon to 50
gallon bait barrels are permissible on the bait dock or immediately
behind each slip. No gear, barrels, nets, or other equipment/materials
shall be allowed to remain on the loading ramp for more than 48 hours.
(9)
All bait storage shall be on the bait dock exclusively.
(10)
Storage of un-refrigerated bait must be in sound (no leaks).
(11)
Barrels must be covered at all times and shall not obstruct
passage on the docks.
(12)
A permit for berthing space does not include the right to occupy
land on the waterfront in any manner.
(13)
Commercial slip holders which carry passengers for hire are
select to annual charter boat wharfage fees.
[Added 11-17-2021 by Ord.
No. 2021-10]
(a)
The Harbors Division shall maintain waiting lists commercial and
charter vessel requests when no berthing space is available. Commercial
and charter vessel waiting list applications are available from the
Harbors Department must be returned to the Harbors Department completed
with the following information;
(b)
To qualify for a charter slip, applicants must meet the qualifications
specified in section b of this document.
(c)
To qualify for a commercial slip, applicants meet the qualifications
as in specified in section c of this document.
(d)
It shall be the burden of applicant to notify the Harbormasters office
of any change of address. Your name will be removed from the list
if any notifications are returned in the mail.
[Added 11-17-2021 by Ord.
No. 2021-10]
The harbormaster or assistants shall make the determination as to classification of each vessel for the purpose of establishing berthing or wharfage charges to be assessed based upon the vessel classifications as defined in section 9-121121. 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.
[Added 11-17-2021 by Ord.
No. 2021-10]
