[HISTORY: Adopted by the Town Council of
the Town of East Greenwich 6-22-1993 by Ord. No. 595 as Secs. 7-1 to 7-7 of
the 1993 Code; amended in its entirety 2-9-2009 by Ord. No. 798. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Mooring fees — See § 93-1A(27).
STATE LAW REFERENCES
Harbors and harbor lines — See
R.I.G.L. § 46-4-1 et seq.
Appointment of Harbormaster — See
R.I.G.L. § 46-4-6.14.
The provisions of this chapter and any rules and regulations
adopted pursuant thereto shall be applicable to, and shall govern
the use of, the cove, lands, waters and facilities under the jurisdiction
of the East Greenwich Cove Management Commission. This chapter shall
be subordinate to all existing federal and state statutes and regulations
affecting the Town and is not intended to preempt any other valid
law.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The principal, non-water-dependent use of a structure or
vessel as a dwelling or home.
To secure a vessel temporarily to the bottom of a water body
by dropping an anchor or other ground tackle from a vessel.
Any water areas reserved for unobstructed movement of vessels.
The rental or lease of a mooring or the use of a mooring
to conduct business by a registered commercial marine business.
Any locally designated and/or maintained water areas reserved
for unobstructed movement of vessels.
Those portions of East Greenwich water delineated as such
on the official chart which is on file in the Town Clerk's office.
Refers to that person appointed by the Town Manager with
the approval of the Town Council.
Any man-made or natural facility used for the launching and
retrieval of boats (Section 300.4 Rhode Island Coastal Resources Management
Program).
Includes any dock, pier, wharf, float, floating businesses,
or combination of such facilities that service five or more recreational
boats as a commercial enterprise or in association with a club (Section
300.4 Rhode Island Coastal Resources Management Program).
To permanently secure a vessel to the bottom of a water body
by the use of mooring tackle.
Refers to that location duly permitted by the Town and registered
to the applicant.
The hardware used to secure a vessel at a mooring and which
is kept in place seasonally.
Any individual, business or corporation which does not meet
the definition of "resident."
An individual or company who, to the satisfaction of the
Harbormaster, is qualified to inspect mooring tackle as to condition
and size.
Includes marinas, launching ramps, residential boating facilities,
recreational wharves, piers and slips, floats or floating docks, and
recreational mooring areas (Section 300.4 Rhode Island Coastal Resources
Management Program).
Persons who are legal residents of East Greenwich or persons
who own real estate in East Greenwich. For purposes of this section,
simply having a post office box in East Greenwich does not qualify
as an East Greenwich resident.
Those portions of East Greenwich Cove which shall be designated
as restricted from mooring or anchoring on the mooring chart.
An easement or right to pass and repass across a parcel.
Every description of watercraft, other than a seaplane on
water, used or capable of being used as a means of transportation
on water. Specifically excluded by this definition are floating homes.
The Harbormaster, under the direction of the Town Manager, shall
have the authority to carry out harbor management directives and enforce
all provisions of the harbor management plan, including this chapter.
The Harbormaster may cite any alleged violations of this chapter.
A.Â
The Harbormaster may assume the following duties:
(1)Â
Act as a staff resource as needed by the Cove Management Commission.
(2)Â
Be
responsible for administration of any designated mooring areas.
(3)Â
Keep records of the location of all moorings, users and vessels within
the designated harbor areas and other Town waters.
(4)Â
Consult with the Parks and Recreation Director on the mooring waiting
list.
(6)Â
Enforce any ordinance or provision of the harbor management plan,
ordinance or any state boating laws, as applicable.
B.Â
The Harbormaster shall work at the direction of the Town Manager.
A.Â
Liability. Persons using the public facilities and areas within the
limits of Greenwich Cove shall assume all risk of personal injury
and damage or loss to their property. The Town assumes no risk on
account of accident, fire, theft, vandalism or acts of God.
B.Â
Vessel speed. The operation of any vessel within Greenwich Cove shall
proceed in a manner which protects all persons and property from wake.
Operators of boats within Greenwich Cove shall comply with the state
regulations on wake and boat speed, which establish a maximum speed
for boats at five miles per hour, no wake.
C.Â
Obstruction of channels, fairways and berthing spaces. No vessel shall be moored or anchored so as to interfere with the free and unobstructed use of the channels, fairways or berthing spaces within the area designated in § 128-1.
D.Â
Swimming. Swimming is prohibited in all designated channels and fairways.
E.Â
Fishing. Fishing from vessels and shell fishing is prohibited in
all designated channels and fairways. The placement of pot floats
and fish nets is prohibited in all channels and fairways.
F.Â
Houseboats and floating businesses. Houseboats or floating businesses
are prohibited from mooring or anchoring unless within the boundaries
of a marina. Houseboats and floating businesses shall tie into marina
or port holding-tank pump-out facilities where available.[1]
G.Â
Discharge of refuse. It shall be a violation of this chapter to willfully
discharge any refuse or waste matter, petroleum product or by-product,
paint, varnish, dead animals, fish, bait or debris into Greenwich
Cove.
H.Â
Marine toilets. No person shall operate a marine toilet at any time
so as to cause or permit to pass or to be discharged into the waters
of East Greenwich Cove any untreated sewage or other waste matter
or contaminant of any kind. (Narragansett Bay is a no-discharge zone,
per Rhode Island's No-Discharge Compliance Program.)
I.Â
Use of Town dock.
[Amended 11-29-2018 by Ord. No 879]
(1)Â
The
Town dock shall not be used on a continual basis for more than one
hour.
(2)Â
The
Town dock shall be limited to vessels up to 35 feet in length and
up to six tons in weight. Any vessel that exceeds those length and
weight limits may only use the Town dock with the express approval
of the Harbormaster or his or her designee.
J.Â
Abandoned vessels/harbor structures. No person shall deposit or abandon a vessel or structure upon a beach, a public right-of-way or in the waters of the Town. Any person violating this section shall be subject to a fine in accordance with the provisions in § 128-7. When any vessel or structure is deposited or abandoned in the waters of the Town, the Harbormaster is authorized and empowered to remove such vehicle or structure or cause such vehicle or structure to be removed.
(1)Â
Notice of removal of vessel/harbor structures. If the person who
owns, has an interest in, or exercises any control over the vessel
or structure, or otherwise is known, the Harbormaster shall give written
notice by certified mail to such person to remove the vessel or structure
within a specified time.
(2)Â
Removal of vessel/harbor structures. If the vessel or structure is
not removed within the time specified in the notice and in a manner
and to a place satisfactory to the Harbormaster, or if no such person
is known to the Harbormaster upon whom the notice can be served, the
Harbormaster may proceed to remove or cause the vessel or structure
to be removed in a manner and to a place the Harbormaster shall deem
best.
(3)Â
Liability. The owner or such other person of a vessel or structure
removed by the Harbormaster in accordance with this chapter shall
be liable to pay the cost and expenses of the removal and storage
or to repay the cost and expenses 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) are unknown or the vessel or structure
is unclaimed within 90 days of the removal, the Town may sell the
vessel or structure. The proceeds from the sale shall be used to defray
the costs of the Town incurred in the removal and storage of the vessel
or structure and in the administration of this chapter.
K.Â
Towing. The Harbormaster has the authority to direct that a vessel
be towed pursuant to this chapter or any rules and regulations of
the Town Council.
L.Â
Rafting. Rafting on a single mooring will only be allowed if it does
not interfere with adjacent single moorings or anchorages. Boats in
a raft shall be manned at all times.
A.Â
Placement of private and commercial moorings.
(1)Â
It shall be a violation of this chapter to place any mooring in the
waters of the Town without a permit from the Harbormaster. No vessel
moored or anchored within a mooring area shall extend beyond the mooring
area perimeter into any designated channels, fairways, turning basins,
or shoreside facilities.
(2)Â
No moorings shall be placed within 50 feet of any shoreside structure.
(3)Â
All moorings shall be set back at least 25 feet from the fairway
and public rights-of-way.
(4)Â
No moorings or anchorages are permitted in designated areas adjacent
to public rights-of-way.
(5)Â
No private or commercial moorings are permitted in designated federal
navigation areas.
(6)Â
No swimming or waterskiing activities shall be allowed in mooring
areas.
(7)Â
All private moorings (excluding riparian moorings) that have been
permitted and placed outside the boundary of the Town's mooring area
shall be relocated within the mooring area whenever the abandonment
or removal of a mooring located within the mooring area provides a
vacancy for such relocation.
(8)Â
Moorings are assigned by the East Greenwich Parks and Recreation
Director after consultation with the Harbormaster.
B.Â
Mooring records.
(1)Â
The East Greenwich Parks and Recreation Department shall keep a detailed
record of each mooring, its location, and the owner's name, home address,
and business and home telephone numbers, date of application, name
of boat, boat length, beam and draft, type of boat and type of head
and holding tank to be attached thereto. The Parks and Recreation
Department shall give a copy of the information to the Harbormaster.
The Harbormaster shall keep a detailed record of each mooring and
its physical location in the Cove.
(2)Â
The East Greenwich Parks and Recreation Department shall maintain
in a public place a waiting list for mooring space and a list for
assignment of mooring space, and both lists shall be updated annually.
(3)Â
Applications for all moorings shall be renewed annually.
C.Â
Allocation of moorings.
(1)Â
After March 1 of each year, the Parks and Recreation Director and
the Harbormaster shall determine the number of moorings available
for new mooring space as the sum of all authorized mooring spaces
for which acceptable applications for renewal were not received. In
accordance with Coastal Resources Management Council (CRMC) Harbor
Management Guidelines, moorings shall be allocated in a ratio of no
greater than three East Greenwich residents to each nonresident. If
at any time a mooring field is established or relocated to within
a federal navigation project, then the mooring allocations shall meet
the Army Corps of Engineers requirement of "open to all on a fair
and equitable basis."
(2)Â
Only one mooring permit may be issued to a boat owner other than
a commercial user. In order to ensure an adequate number of moorings
to be available for individual permit applicants, no more than a total
of 35 commercial mooring permits may be issued.
(3)Â
Consideration shall be given to water quality concerns, parking,
boating safety and public access when determining the total number
of mooring permits to be issued.
D.Â
Original application for mooring permit. Application shall be made
on mooring application forms provided by the Parks and Recreation
Department and shall be filed with the Parks and Recreation Department.
No mooring shall be located or maintained unless the owner has obtained
a current mooring permit.
E.Â
Mooring permit waiting list. A waiting list for mooring permits will
be established and maintained by the East Greenwich Parks and Recreation
Department. Chronological order of date of application will determine
the waiting list. Persons on the waiting list who do not apply for
a permit within 10 business days when notified that a mooring location
appropriate to their boat size is available will be removed from the
mooring waiting list.
F.Â
Mooring permits valid for one year only. Mooring permits are valid
for a period not to exceed one year, unless renewed as referenced
in this chapter.
G.Â
Application for mooring permits and renewals.
(1)Â
Applications
for new or abandoned moorings may be made at any time.
(2)Â
Applications for mooring renewals must be submitted no later than
March 1 of each succeeding year. No applications for renewals of mooring
permits will be accepted after March 1. All valid permits, if not
renewed, shall expire March 1 of the next year.
(3)Â
Failure to renew an existing mooring, properly permitted, by March
1 of any given year shall result in the registered owner's abandonment
of all rights and interest in said mooring.
(4)Â
A new permittee will be granted a mooring permit without a boat for
no more than one boating season.
(5)Â
A current permit holder must have a registered boat on file but may
renew the permit for no more than one consecutive boating season without
a registered boat.
(6)Â
Commercial mooring holders must submit documentation with the mooring
application indicating that the business is a registered commercial
business and provide proof of insurance naming the Town of East Greenwich
as an additional insured.
H.Â
Mooring registration fee. All applications shall be accompanied by
the registration fee established by the Town Council. Registration
fees shall not be refundable. Upon approval of a mooring permit, the
full mooring fee shall be paid to the Parks and Recreation Department
within 10 days.
I.Â
Mooring permits nontransferable.
(1)Â
Permits issued under this chapter shall not be transferable.
(2)Â
An assigned mooring shall be used only by the boat registered to
it. The boat using a residential or nonresidential mooring must be
registered to the mooring permit holder. This restriction shall not
apply to commercial moorings or recreational boating facilities/marinas.
Exceptions to this shall be made at the Harbormaster's discretion.
J.Â
Mooring location. All mooring locations will be approved and designated
by the Harbormaster through the Mooring Committee. If a replacement
vessel is significantly smaller, larger or of different draft or type,
the Harbormaster shall have the right to relocate the vessel to another,
more suitable mooring.
K.Â
Transient moorings. Space for rental transient moorings is made available
through the East Greenwich Yacht Club.
L.Â
Appeal of permit denial. Appeals of permit denial or no action must
be made to the Town Manager within 10 working days.
M.Â
Illegal moorings/abandons.
(1)Â
Any mooring on or maintained in Greenwich Cove which has not been
issued a permit and/or does not comply with each and every specification
set forth in this chapter shall be deemed an illegal mooring and shall
be removed at the owner's expense. All existing moorings must be registered
and approved and comply or they shall be removed.
(2)Â
Whenever any mooring is placed in or remains in Greenwich Cove in
violation of this chapter, the Harbormaster shall cause the mooring
to be removed.
(3)Â
The permit holders or other such persons concerned with moorings
that have been removed by the Harbormaster shall be liable to pay
the cost and expenses of such removal, or to repay the cost and expenses
when paid out by the Town, and the cost and expenses may be recovered
in an action brought by the Town against such persons.
N.Â
Mooring tackle specifications. Utilization of proper mooring tackle
is necessary to moor vessels adequately at their moorings. This chapter
hereby establishes a minimum standard for tackle to moor vessels in
Greenwich Cove. The Town assumes no liability for personal injury
or property damage which results from the utilization of any tackle
which meets or exceeds these recommendations.
(1)Â
Boat
and/or mooring owners shall be liable for any damage caused by faulty,
inadequate or improperly placed moorings.
(2)Â
It is the owner's responsibility to maintain the mooring and to have
the tackle inspected by a qualified mooring inspector at least every
three years. Certification of inspection will be kept on file with
the Harbormaster.
(3)Â
Each mooring which has been approved as set forth shall be assigned
a registration number. Each mooring buoy or float must be clearly
visible and legibly marked with its assigned number. All mooring buoys
shall be marked with a clearly legible number (three-inch minimum
number height) assigned by the Parks and Recreation Department.
(4)Â
Mooring tackle should meet the following minimum standards:
|
East Greenwich Cove Mooring System
| |||||
|---|---|---|---|---|---|
|
Registered Boat Length
(feet)
|
Mushroom Anchor
(pounds)
|
Bottom Chain
(inches)
|
Top Chain
(inches)
|
Nylon/Dacron Line
(inches)
| |
|
Under 16
|
75
|
3/8
|
5/16
|
1/2
| |
|
16 - 19
|
150
|
3/8
|
5/16
|
1/2
| |
|
20 - 22
|
200
|
1/2
|
5/16
|
5/8
| |
|
23 - 25
|
250
|
1/2
|
5/16
|
3/4
| |
|
26 - 30
|
300
|
5/8
|
3/8
|
3/4
| |
|
31 - 35
|
400
|
5/8
|
3/8
|
3/4
| |
|
36 - 40
|
500
|
3/4
|
1/2
|
7/8
| |
|
41 - 50
|
600
|
3/4
|
1/2
|
1
| |
|
51 - 65
|
750
|
1
|
1/2
|
1Â 1/4
| |
(a)Â
The maximum length of the pennant should be 2Â 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)Â
All pennant lines running through a chock or any other object
where chafing may occur should have adequate chafe guards.
(c)Â
The total scope of the chain should be 2Â 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)Â
All shackles, swivels and other hardware used in the mooring
hookup should be proportional in size to the chain used.
(e)Â
All shackles should be properly sized.
(f)Â
It is recommended that the pennant 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)Â
Only mushroom anchors will be acceptable on permanent moorings.
(h)Â
The minimum distance between any two moored vessels should be
1Â 1/4 times the total mooring scope, plus the length of the larger
vessel.
(i)Â
The Harbormaster may approve installation of other types of
moorings if they are deemed sufficient for the area in which they
are located.
(j)Â
Winter mooring stakes shall be readily visible in a vertical
position above the water at all times and shall be removed not later
than June 1 of the next succeeding year. Winter stakes shall not be
set until on or after October 1 of each calendar year.
