A.
In order to prevent hazards to navigation and possible damage to
the property of others, it is a requirement for all owners of floats
to maintain the integrity of the original construction stated in the
Town mooring standards or CRMC permit allowing such structures. This
includes the security of mechanisms designed to hold said floats in
place year round, including freezing ice conditions. In addition,
the owners shall permanently fix to the said float their personal
identification and street address.
B.
In the event of a breakaway of the float, the owner shall incur liability
for any subsequent damage to the property of others by such float.
In addition, the owner shall be responsible for any reasonable costs
incurred by the Town or others to retrieve, secure and/or return the
breakaway float to the owners.
Outhaul mooring arrangements are not considered moorings, but
the HM may authorize an annual permit for such, provided that Barrington
has a CRMC-approved and active harbor management plan.
A.
Except as provided below, an outhaul(s) is/are to be permitted to
the contiguous waterfront property owner.
B.
Up to two outhauls may be allowed per waterfront property.
C.
Outhauls are not permitted on properties which contain a recreational
boating facility.
D.
Permits are to be issued only if they are consistent with the RICRMP,
including the provisions of Section 300.18 (must not disturb submerged
vegetation or habitat).
E.
Barrington's 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.
F.
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.
G.
Outhauls may be grandfathered in their current location upon annual
HM 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.
No person shall deposit or abandon a vessel or boating equipment
or unattached, floating dock (hereinafter collectively "vessel") upon
a beach, public right-of-way, or in the waters of the Town. A vessel
shall be deemed abandoned if it poses an immediate danger to navigation
or has been left unattended on a beach or public right-of-way for
72 hours or more, except for annual boat storage permitted on Barrington
Beach between April 1 and December 1. When any such vessel is so deposited
or abandoned, the HM is authorized and empowered to remove the same
or cause the same to be removed.
A.
Notice of removal of vessel. If the person who owns, has an interest
in, or exercises any control over the vessel or otherwise is known,
the HM shall give written notice by certified mail to said person
to remove the vessel within seven days. Additionally, the HM shall
affix a notice to the vessel instructing the owner to move the vessel
to a proper mooring (or other) location or remove it within seven
days.
B.
Removal of vessel. If the vessel is not removed within the specified
time in the notice, and in a manner and to a place satisfactory to
the HM, or if no such person is known to the HM upon whom the notice
can be served, the HM may proceed to remove or cause the vessel to
be removed and disposed of in a manner and a place the HM shall deem
best following the seven-day posting period. At least 14 days prior
to disposal of the vessel, the HM shall place a notice in a newspaper
of local circulation setting forth the date of disposal if the vessel
is not claimed.
C.
Liability. The owner, or other such person, of a vessel removed by
the HM in accordance with this chapter shall be liable to pay the
cost and expenses of the removal and storage or to repay the same
when paid by the Town. The expenses may be recovered in an action
brought by the Town Solicitor against the owner(s). If the owner(s)
is/are unknown or the vessel is unclaimed within 30 days of removal,
the Town may sell the vessel. The proceeds from the sale shall be
used to defray the cost the Town incurred in the removal and storage
of the vessel and in the administration of this chapter.
