The text
Sec. 8-1. - Purpose of chapter.#
The purpose of this chapter is to: (1)
Manage the waters of the town and balance the diverse uses of the waters and waterfront;
(2)
Maintain and improve shoreline public access and water quality;
(3)
Continue to support opportunities for commercial fishing and recreational boating; and
(4)
Remain consistent with the goals and policies of the town harbor management plan, the town comprehensive plan, the state coastal resources management program, the state department of environmental management, and the U.S. Army Corps of Engineers.
(Code 1972, § 5.1-1; Ord. No. 2001-38, 12-12-01)
Sec. 8-2. - Definitions.#
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:
Anchoring means to secure a vessel temporarily to the bottom of a waterbody by dropping an anchor or other ground tackle from a vessel.
Boat launching ramp means any manmade or natural facility used for the launching and retrieval of boats. (article 300.4, state coastal resources management program)
Channel means any water areas reserved for unobstructed movement of vessels.
Commercial fisherman means an active, full-time fisherman with a current commercial license and a working commercial vessel.
Commercial marine business owner means an active, full-time marine business owner with a current marine business certificate/license issued by the State of Rhode Island whose dock slip and/or mooring are used directly for company marine related activities.
Commercial means any organization or business entity which does not meet the definition of the word "resident."
Fairway means any locally designated and/or maintained water areas reserved from unobstructed movement of vessels.
Harbor commission means the body, the members of which are appointed by the town council, established to carry out the provisions of this chapter and to bear the responsibility of advising the town council and town administrator on harbor and waterfront management, according to the policies set forth in the harbor management plan. See section 908 of the Town Charter.
Harbor department means the body, the members of which are appointed by the town council and report to the town administrator, the function of which is to coordinate and administer all activities taking place in the harbors and waterways contiguous to the coastal shoreline of the Town of Bristol. See section 803 of the Town Charter.
Harbormaster means that person appointed by the town council.
Marina means 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. (article 300.4, state coastal resources management program)
Mean high water (MHW) means the average height of the high waters over a 19-year period.
Moor means to permanently secure a vessel to the bottom of a waterbody by the use of mooring tackle.
Mooring means that location within a waterbody duly permitted by the town and registered to the applicant.
Mooring tackle means all hardware used to secure a vessel at a mooring.
Nonprofit sailing school means any Bristol-based nonprofit organization dedicated to providing education and instruction about sailing.
Nonresident means any individual which does not meet the definition of the word "resident."
Nonwater dependent use means those activities which are not dependent upon the waterfront for continued use (e.g. restaurants and residential development).
Nonwater related use means those activities which are in no way dependent upon or even related to the waterfront for its continued use.
Private mooring means a mooring for the mooring owner's personal boat. The mooring owner must own 50 percent or greater of the boat which would be placed on the mooring. The owner must provide documentation to the harbormaster to ensure true ownership and residency. (Examples of documentation include drivers license and boat registration).
Qualified inspector means any person or business approved as an inspector of mooring tackle by the harbor commission.
Recreational boating facility means marinas, launching ramps, residential boating facilities, recreational wharves, piers and slips, floats or floating docks, and recreational mooring areas. (article 300.4, state coastal resources management program)
Resident means any permanent, full-time individual inhabitant of the town. Proof of residency is required at the request of the harbormaster. A post office box is not a legal address for this purpose.
Right-of-way means an unobstructed path or corridor from a public thoroughfare or facility leading to or along the waters of the town and shoreline areas below the mean high-water mark.
Shellfish transplant area means as defined by the state DEM, fish and wildlife.
Vessel means every description of watercraft, used or capable of being used as a means of transportation on water. (Specifically excluded by this definition are floating homes.)
Water dependent use means those waterfront activities, solely dependent upon the waterfront for their continued use (e.g. commercial fishing, marinas and boat building).
(Code 1972, § 5.1-2; Ord. No. 2001-38, 12-12-01; Ord. No. 2011-20, 11-30-11; Ord. No. 2017-06, 6-7-17)
Cross reference— Definitions generally, § 1-2.
Sec. 8-3. - Penalties for violation of chapter.#
The town council herein establishes penalties for boating violations, consistent with state law, based upon the recommendation of the harbor commission.
Every owner, master, or person in charge of any vessel who shall neglect or refuse to obey the direction of the harbormaster or an assistant harbormaster, or violates any rule or regulation promulgated under G.L. 1956 §§ 46-4-1 et seq. or 46-22-1 et seq., not specifically set forth in Rhode Island Department of Environmental Management's penalty schedule shall be subject to a fine under this chapter of $100.00.
Penalty Schedule
for Boating Violations Offense Fine
Vessel registration: RIGL 46-22-3
Unregistered Violation. Up to $100.00
Numbers not displayed Violation. Up to $100.00
Possession of a vessel with the hull ID number altered, removed, or destroyed Up to $500.00
Vessel operation:
Excessive speed or wake: RIGL 46-22-9.5
Up to 10 miles $ 25.00
11 miles to 15 miles 50.00
16 miles to 20 miles 75.00
21 miles to 25 miles 100.00
Over 25 miles, per mile 5.00
Improper operation in swimming area or restricted area RIGL 46-22-9 Up to $1,000.00
Operation in a reckless manner RIGL 46-22-9 Up to $1,000.00
Refusal to stop when ordered RIGL 46-22-9 Up to $1,000.00
Inadequate boat personnel Up to $200.00
Underaged boat personnel Up to $200.00
Failure to use personal floatation devices Up to $200.00
Operation outside time limits Up to $200.00
Any other personal watercraft offense of RIGL 46-27-2 not specified herein Up to $500.00
Interference with other vessel Up to $100.00
Caused an accident Up to $100.00
Failure to submit accident report Up to $100.00
Interference in SCUBA diving area Up to $100.00
Vessel equipment:
Improper light installation Up to $100.00
Improper use of lights Up to $100.00
Improper sound producing appliance Up to $100.00
Improper personal flotation devices Up to $100.00
Improper personal flotation devices for children under 10 Up to $100.00
Improper fire extinguisher Up to $100.00
Improper muffling device Up to $100.00
Miscellaneous:
Unmarked SCUBA area Up to $100.00
Unauthorized racing/regatta Up to $100.00
Unauthorized docking/mooring Up to $100.00
Failure to render assistance Up to $100.00
Obstruction of right-of-way Up to $100.00
(Code 1972, § 5.1-5(c); Ord. No. 2001-38, 12-12-01; Ord. No. 2009-1, 2-25-09; Ord. No. 2011-20, 11-30-11; Ord. No. 2017-13, 10-4-17)
Sec. 8-4. - Enforcement.#
(a)
Harbormaster and harbor patrol. A harbormaster and harbor patrol shall enforce this chapter as follows:
(1)
The town council shall appoint a harbormaster and assistant harbormasters as authorized by and with the duties set forth in G.L. 1956, § 46-4-1 et seq.
(2)
A harbor patrol, made up of the harbormaster, appointed for a term of three years commencing January 1, 2018, and assistants appointed annually by the town council, shall patrol the waters under its jurisdiction. The harbor patrol shall come under the direction and control of the harbormaster.
(3)
All harbor patrol boat crew members must qualify in boat handling and water safety in a manner and degree satisfactory to the harbormaster.
(4)
The harbormaster and assistant harbormasters of the town are authorized to make arrests and to take other steps to enforce the provisions of this chapter and, in the exercise thereof, shall have the authority to stop and board any vessel within the water subject to the jurisdiction of the town pursuant to G.L. 1956, § 46-22-17.
(5)
Any patrol boat used for the service of the town shall keep a log in a manner satisfactory to the harbormaster. Such log shall indicate the date, time and service, weather conditions, wind conditions, area patrolled at one-half hour intervals, gas consumption and a description of occurrences, incidences and other confrontations.
(6)
All regulations relating to the town's boating regulation program shall be maintained by the offices of the town administrator and town clerk, and all violations shall be processed by the harbor patrol in accordance with provisions of law applicable thereto.
(7)
The harbormaster shall appoint a lieutenant who shall take charge in the absence of the harbormaster and shall perform such other duties as delegated by the harbormaster.
(8)
When on active duty, members of the harbor patrol authorized by the harbormaster, shall have the right to bear firearms while in full uniform, in accordance with the ordinances of the town or laws of the state or the United States.
(b)
Enforcement of operation and equipping of vessels. The state law provisions concerning operation and equipping of vessels shall be adopted as follows:
(1)
The town council adopts all of the provisions of G.L. 1956, § 46-22-1 et seq., relating to the operation and equipment of vessels and motorboats within the water subject to the jurisdiction of the town.
(2)
The town council adopts all of the provisions of G.L. 1956, § 46-27-1 et seq., relating to the operation of personal watercrafts.
(c)
Hours of operation. The harbor department shall be staffed as determined by the harbormaster in consultation with the town administrator.
(Code 1972, § 5.1-5; Ord. No. 2001-38, 12-12-01; Ord. No. 2009-1, 2-25-09; Ord. No. 2011-20, 11-30-11; Ord. No. 2014-01, 3-5-14; Ord. No. 2017-11, 8-23-17)
Sec. 8-5. - Areas under jurisdiction.#
The coastal waters and harbor areas of the town included under the jurisdiction of this chapter include those waters within Bristol harbor and the Bristol Shoreline to the inshore bounds of the federal channel starting at the northwesterly bound of the Warren-Bristol line, southerly around Poppasquash Point, southeasterly to the Mount Hope Bridge, excluding the waters adjacent to Hog Island which are in the Town of Portsmouth, and northerly to the northeasterly point of the Bristol/Warren line.
(Code 1972, § 5.1-3; Ord. No. 2001-38, 12-12-01)
Sec. 8-6. - Deposit of revenue into general fund.#
All revenue generated by town boat launching fees, mooring permit fees, qualified mooring inspectors, other fees of this chapter, and fines levied under the authority of this chapter shall be deposited into the general revenue fund of the town for general purposes of the town, including the management and implementation of the town harbor management plan and this chapter.
(Code 1972, § 5.1-8; Ord. No. 2001-38, 12-12-01)
Sec. 8-7. - Liability.#
Persons using the coastal waters and harbor areas of the town 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.
(Code 1972, § 5.1-9; Ord. No. 2001-38, 12-12-01)
Sec. 8-8. - Informal procedure for payment of boating violation fines.#
(a)
Payment without personal appearance. Any member of the Bristol Harbor Patrol and any other duly authorized enforcement officer who charges any person with an offense as set forth in this chapter, in addition to issuing a summons for the offense, shall provide the offending operator with a form which will allow the offender to dispose of the charge without the necessity of personally appearing before the municipal court, provided that any operator who has been guilty of a third or subsequent boating violation within 12 months of the first offense must appear before the municipal court on the date specified on the summons, and may not dispose of the third or subsequent offense administratively. This section shall apply to both resident and nonresident operators.
(b)
Method of payment. If the offending operator elects to dispose of the charge without personally appearing before the municipal court, he or she shall execute the form indicated and return it to the municipal court not later than 20 days from the date of the summons either by mailing or delivering the form and summons to the municipal court clerk or the clerk's designee with a check or money order in the amount indicated by the fine schedule on the form.
(c)
Schedule of violations. Those violations set forth in § 8-3 of this chapter may be handled administratively through the method described in this section, provided however that this list is not exclusive and jurisdiction may be conferred on the municipal court with regard to other violations consistent with the Rhode Island General Laws, and these ordinances.
(d)
Failure to answer. In the event an operator fails to answer within 20 days, then he or she shall have waived his or her right to dispose of the offense without personal appearance, and the person charged with such violation must appear before the municipal court on the date specified on the summons.
(e)
Adjudication. Adjudication of boating violations contained in this chapter shall be in the same manner as for cases involving motor vehicle violations as set forth in section 2-215 of these ordinances.
(Ord. No. 2001-38, 12-12-01)
Sec. 8-9. - Qualifications and requirements of harbor department personnel.#
(a)
Harbormaster. The qualifications and requirements of the harbormaster are defined in the job description which has been generated by the Bristol Personnel Board, approved by the town council and filed with the office of town administrator.
(b)
Assistant harbormasters and auxiliary harbormasters.
(1)
All applicants for appointment to assistant harbormaster or auxiliary harbormaster shall be interviewed and evaluated by a screening board of superior officers who shall rate all applicants and shall list them in the numerical order of standing and then be presented to the town council for appointment based on this evaluation.
(2)
A member must be a resident of the town and must never have been convicted of a crime involving moral turpitude.
(3)
A member, at the member's expense, must successfully pass a physical examination.
(4)
A member must be a high school graduate or its equivalent and shall be tested for educational background.
(5)
All members must attend and successfully complete training to the standards of the Rhode Island Harbormasters Academy.
(Ord. No. 2001-38, 12-12-01; Ord. No. 2011-20, 11-30-11)
Editor's note— Ord. No. 2011-20, adopted Nov. 30, 2011, amended § 8-9 title to read as herein set out. Former § 8-9 title pertained to qualifications and requirements of assistant harbormasters.