No mooring shell be placed in any Barrington waters without
the HM having approved the required application. A mooring placed
without such approval shall be removed at the expense of the owner
and impounded. Any legally moored vessel (except riparian moorings)
must be located entirely within the mooring field's perimeter (unless
so excepted in writing by the HM with the concurrence of the CRMC)
or be subject to forfeiture of the assigned space.
A.
Previously assigned vessels.
(1)
The HM shall, by January 15 of each year, cause registration forms
to be mailed to all persons who were mooring space assignees at the
end of the preceding year, at the address then listed on their registrations.
Each application for registration shall be accompanied by the annual
nonrefundable fee as noted on the registration text and shall be mailed
by United States mail, addressed to the Harbormaster, Public Safety
Building, 100 Federal Road, Barrington, Rhode Island 02806.
(2)
The fee and application must be postmarked by February 15. Within one week after February 15, a second notice shall be sent by United States mail, certified, return receipt requested, to the address on the previous year's registration with a late fee as specified in Chapter A225, Fee and Fine Schedule, of the ordinances of the Town of Barrington. Submission of the application, registration fee and the late fee must be postmarked by March 15.
(3)
After March 15, person(s) who have not responded shall receive, by
United States mail, certified, return receipt requested, a forfeiture
notice. Persons wishing to have a hearing may do so at the April meeting
of the Harbor Commission. March 30 shall be the deadline to appeal
mooring loss. After March 30, the mooring tackle may be pulled by
the HM, and the assignee shall lose all rights to the former space.
B.
Requests for relocation. A mooring space assignee who desires a different
mooring space (for whatever reason) shall file a written request to
the HM containing the reason(s) for the desired move.
C.
Initial requests for mooring space. A boat owner wishing to be assigned
a mooring space shall tender their request for same in writing to
the HM, Town of Barrington, on the approved form obtained from the
HM's office. The maximum number of moorings an individual can be assigned
to will be two in those mooring fields that have a waiting list as
of April 1 of that season. There will be no limit elsewhere, subject
to available space.
D.
Access. Requests for new mooring space requiring access via private
property shall be accompanied by a letter, written and signed by the
owner of such property, containing permission for the access and outlining
any limitations imposed by such property owner.
A.
The HM shall cause to be posted in their office and in the Town Hall
two lists. One shall be for those not yet assigned a mooring (and
called the "waiting list"), and the other shall be for those assigned
mooring holders wishing relocation (and called the "relocation list").
Both shall contain the date of the application and the length, draft,
beam and type of the applicant's vessel. These lists shall be updated
and posted at least once per year or within 90 days of any change
made to either of the lists.
B.
There will be both a waiting list (for those not yet assigned) and a relocation list for each of the mooring fields specified in Exhibit B of this Chapter 148.[1] It is not permissible for a mooring space assignee wishing
relocation to be relocated to a mooring field other than the one they
are presently assigned to by utilizing the relocation list. To move
to a different mooring field, a mooring space assignee will have to
first apply for that specific field (and go on the waiting list for
that field if there is presently no space available).
[1]
Editor's Note: Exhibit B is included as an attachment to this chapter.
A.
All assignments of mooring space shall be made by the HM. When a
mooring space becomes available within any of Barrington's waters,
the HM shall offer such space to the applicant with the earliest date
on the waiting list and with a vessel of appropriate dimensions and
type of hull. Those on the relocation list shall be granted priority,
within their own mooring field, over those on the list for initial
space. All assignments of mooring space are recorded by the HM upon
receipt of a completed application form and the pertinent fee. If
any applicant shall refuse a grant of suitable mooring space (suitability
to be determined by the HM), their application shall be removed from
the waiting or relocation list. Mooring space rights may only be transferred
to the spouse of the assignee, and then only on a one-time basis.
B.
Any temporary assignment to a mooring space, under the provisions of § 148-19A(4) or (5), of a duration anticipated to be four weeks or longer will require the temporary assignee be issued a temporary occupancy permit and appropriate sticker. The fee to be charged for this permit is listed pursuant to Chapter A225 of the ordinances of the Town of Barrington.
In the assignment of initial mooring space, Barrington residents
shall be given priority over nonresidents. However, a nonresident
shall not lose priority to a resident more than three times before
such nonresident is given first priority to an appropriate mooring
space, unless the mooring field is within a federal navigation project
that the Town of Barrington has agreed, in writing, to certain covenants
thereto, then mooring allocations shall meet the Army Corps of Engineers
requirement of "open to all on a fair and equitable basis."
A.
If any mooring space assignee wishes to change the location of their
assignment with their currently registered vessel, and the mooring
is located in an area with a waiting list, they shall notify the Harbormaster,
who shall place the request on the relocation list, and the Harbormaster
shall reassign the mooring space when a suitable one becomes available.
B.
If any mooring space assignee wishes to change the size or type of
vessel that is currently registered, they shall notify the Harbormaster,
who shall determine if the current mooring space is suitable for the
new vessel. If the mooring is located in an area with a waiting list,
and if the vessel is not suitable for the current mooring assignment
space, the request shall be placed on the relocation list, provided
that the assignee has been a registered mooring holder in the current
mooring area for at least five years.
As noted above, fees from mooring space assignees are due on or before March 1. Fees from those on the waiting list granted space must be received at the HM's office within 10 days of the date of tendering the assignment of mooring space. Failure to tender this fee within said time span shall be deemed a refusal of the assignment. (See Chapter A225, Fee and Fine Schedule, of the ordinances of the Town of Barrington for the current fee structure.)
A.
Any mooring space assignee shall be deemed to have forfeited their
assigned mooring space by reason of the following:
(1)
Notification to the HM by the mooring space assignee that the mooring
space is available to be assigned to another vessel owner.
(2)
Failure to complete the annual registration process by March 15 of
any season.
(3)
Failure to replace any piece of mooring tackle found by the qualified
inspector not to be in compliance with the mooring standards. (See
Exhibit A attached.)
(4)
If the mooring occupied is in a mooring field that has a waiting
list as of April 1 of that season, then any failure to have the registered
vessel occupy the mooring space for a minimum of 30 days during a
season. However, if any mooring space assignee wishes to retain the
assigned mooring space even though they cannot use it, they shall
request permission of the HM on or before March 15 of the season in
question, stating, in writing, the time span of the proposed nonuse
and the reason(s) therefor. If such reason(s) is/are acceptable to
the HM, they may offer to the mooring space assignee a year of grace
and then offer that mooring space, for that season only, to an applicant
from the appropriate waiting list who owns a vessel of appropriate
size and type. This mooring space shall again be made available to
the mooring space assignee for the following season, provided that
they still meet the requirements of these rules and regulations; otherwise,
the mooring space will be reassigned by the HM. An award of a year
of grace shall be limited to a maximum of once every five years unless
granted a year of grace under special circumstances by an appeal to
the Harbor Commission. Those not allowed to take a year of grace under
these stated conditions shall give up their mooring assignment and
shall qualify to apply for a place on the waiting list.
(5)
If the mooring occupied is in a mooring field that has a waiting
list as of April 1 of that season, then any failure to notify the
HM of any proposed nonuse for a duration of two weeks or more. When
so advised, the HM may assign a person(s) from the appropriate waiting
list to this space. If an appropriate person(s) from the appropriate
waiting list is not available, the mooring space assignee may assign
their space as desired, with the approval of the HM.
B.
In the event any mooring space assignee shall be deemed to have forfeited
their mooring space for any of the reasons set forth, either here
in this section or in any other section, then and in such event, the
Town of Barrington, by and through its HM, shall have the right to
pull such illegal mooring at the expense of the mooring space assignee.
The Town shall hold such mooring tackle for a period of 30 days, within
which time the mooring space assignee shall have the right to remedy
such forfeiture. In the event such forfeiture is not remedied within
the thirty-day period, then the Town shall have the right to dispose
of such mooring tackle as it deems fit.
Annually, each mooring space assignee will receive a sticker
carrying the same number as that of the assigned mooring space. The
sticker shall be applied on the upper part of the transom on the starboard
side of the registered vessel by May 1 of the current year.
A.
Mooring tackle standards.
(1)
Specifications for the components of mooring ground tackle are set
forth in Exhibit A attached. Each mooring space assignee shall be
responsible for compliance with these standards; provided, however,
that the HM may vary standards in any Barrington waters other than
Main Harbor, Smith's Cove or Bullock's Cove in consideration of bottom
and tide conditions, surrounding moorings or other obstructions and
potential storm conditions.
(2)
Outhauls mooring are not covered by these standards and most be individually
approved by the HM or their designee before they are placed and are
subject to the following CRMC regulations.
(3)
Outhauls.
(a)
Outhauls are subject to the regulatory jurisdiction of the Council.
The Council may authorize a municipality to administer an annual permit
for such, provided said municipality has a Council-approved and active
harbor management plan and ordinance which contains the following:
municipal documentation that demonstrates that:
[1]
Except as provided below, an outhaul(s) is/are to be permitted
to the contiguous waterfront property owner; and
[2]
Up to two outhauls may be allowed per waterfront property; and
[3]
Outhauls are not permitted on properties which contain a recreational
boating facility; and
[4]
Procedures have been adopted to ensure that permits are issued
only consistent with the RICRMP, including the provisions of 300.18;
and
[5]
Their procedures acknowledge that the CRMC retains the authority
to revoke any permits issued by the municipality if it finds that
such permit conflicts with the RICRMP; and
[6]
From November 15 to April 15, when a boat is not being secured
by the device on an annual basis, the outhaul cabling system shall
be removed; and
[7]
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 whenever a recreational boating facility is approved
at the location.
(b)
In addition, CRMC retains the authority to remove any outhauls
allowed by the Town if it finds such an outhaul conflicts with Rhode
Island Coastal Resources Management Program.
(4)
At no time shall any vessel be secured within a mooring space using
tackle with specifications inconsistent with the mooring standards
(Exhibit A),[1] nor shall any vessel moor, even temporarily, in a space
too small for safety or too large for efficient utilization, except
that it shall be allowable for a mooring space assignee to occupy
an undersized mooring space when downsizing a vessel until such time
as a suitable relocation space for the new vessel becomes available.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
The mooring space assignee is responsible for any costs involved
in the movement of the mooring tackle. Prior to any movement of the
mooring tackle, the mooring space assignee must submit a request for
such movement to the HM.
A.
With the exception of boats so located on one of their assigned commercial
moorings by a boatyard, broker or the Barrington Yacht Club for the
purposes of hauling, launching, repair or the temporary requirements
of transients, no vessel shall occupy a mooring space other than the
one to which it is assigned without both the permission of the HM,
or their representative, and written permission of the mooring space
assignee. Any vessel utilizing the exceptions offered by this section
must not exceed the size limits of the ground tackle utilized and
must meet all other applicable sections of this chapter. The HM shall
have the authority to move, or cause to be moved, any vessel violating
the provisions of this or any other section of this chapter, and such
movement shall be at the owner's expense and risk.
B.
No mooring space shall be allowed to be rented, for any length of time, by the assigned mooring space holder. With the permission of the HM, mooring space assignees may allow another vessel to utilize their space but must not receive any remuneration or other economic gain in return therefor, including the practice of renting out personally owned ground tackle allowed by the Town to be placed in a publicly owned body of water. The only exception to the above will be for those who have been assigned commercial mooring spaces or who have been granted a year of grace by the HM under § 148-19A(4). Violation of this section will be cause for forfeiture of the assigned space.
C.
A mooring holder in an area with a waiting list that does not own
or charter an appropriately sized vessel for their assigned mooring
space at the beginning of the season has three options:
(1)
Apply for a year of grace (by March 15) and have an appropriately
sized boat to place on the assigned mooring for the following year
to meet the thirty-day requirement.
(2)
Give up the mooring assignment and place their name on the waiting
list.
(3)
Let the mooring space run the season without a properly registered
vessel occupying the mooring for 30 days and have the mooring space
rescinded.
A.
All components of ground tackle used by each mooring space assignee
in Barrington waters shall be inspected every second year by a qualified
inspector, at the expense of the mooring space assignee. The mooring
space assignee will be notified at the time of annual registration
as to when the ground tackle is due for inspection. Such inspection
shall be made by raising the mooring, or, in cases in which the HM
considers the mooring weight to be such as to make raising it impractical,
inspection may be made underwater.
B.
After inspection, the qualified inspector will send to the mooring
space assignee a certificate of compliance or a notice of noncompliance
with the mooring standards. If the result of the inspection is notice
of noncompliance, then the qualified inspector must also notify the
HM.
C.
The initial inspection shall be done by July 15 of the year inspection is required, and the mooring space assignee must submit a copy of the certificate of compliance to the HM by August 1 of the year inspection is required. Failure to comply with either or both of these dates will subject the mooring space assignee to a fee pursuant to Chapter A225 of the ordinances of the Town of Barrington.
D.
Noncompliance shall mean the wear of any component of the mooring
tackle, to include the swivel, shackle or chain link, by as much as
1/3 its original dimension or apparent fraying or other weakness in
the rope pennant. In a case of noncompliance, the mooring space assignee
shall, within 48 hours of their receipt of the notice from the qualified
inspector, arrange for the repair, reinspection and certification
of compliance to the HM. However, should the inspector find that further
use of noncompliant ground tackle presents an imminent danger to the
registered vessel or others, the inspector shall notify the HM immediately,
and the HM will suspend use of the mooring until proper repairs are
completed and certified to them. Otherwise, such repairs shall be
completed within 14 days; and if they are not, then the qualified
inspector should again notify the HM of continuing noncompliance.
Failure to do so may cause the HM to order the removal of the mooring
space assignee's vessel from that space at the mooring space assignee's
expense.
E.
The HM (or their representative) and the qualified inspector shall
maintain records of all inspections.
A.
An individual who, upon application to the HM, demonstrates their
familiarity with the rules and regulations of the Town relating to
mooring tackle inspection and a competency to perform the work will
become eligible as a qualified inspector. However, even though selected
by the HM, a qualified inspector may have their appointment revoked
by the HM if it appears that the qualified inspector does not, in
fact, demonstrate the needed capabilities.
B.
Any person, prior to being appointed as a Qualified inspector, will
provide and submit to the HM either proof of insurance or a surety
bond in the amount of $1,000,000.
Both summer floats and winter stakes will be readily visible
above water at all times when in use. The winter stakes will be removed
from Barrington waters not later than May 1 of the succeeding year.
Assigned Town mooring numbers shall be painted or affixed to both
floats and winter stakes.
Swimming is prohibited in all navigation fairways and launching
areas. In mooring fields and transient anchorage areas, swimming is
prohibited with the exception of vessel owners or crews or persons
contracted to perform maintenance on the boat or its mooring tackle
within a reasonable distance of said boat or mooring, from approved
swimming floats and in designated swimming areas.
