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Sec. 13-76. - Purpose and intent.#
It is the purpose and intent of this article to: (1)
Manage the coastal waters and harbor areas of the city, as described in this article and hereafter referred to as the city, by establishing regulations that balance and manage the diverse uses of the waters, harbor areas and waterfront and to minimize user conflicts.
(2)
Provide a mechanism to ensure the administration and operational costs of this chapter and the harbor management plan are shared by the city, private mooring owners, and other groups or individuals as may be identified by the harbor management commission, described in this article.
(3)
With the assistance of the city and the harbor management commission, maintain, improve, and develop public access opportunities to the coastal waters of the city for the benefit of all user groups.
(4)
Remain consistent with the goals and regulations of the Rhode Island Coastal Resources Management Council, the Rhode Island Department of Environmental Management (RI-DEM), the state guide plan, the United States Army Corps of Engineers, and all Rhode Island State Laws pertaining to harbormasters.
(Rev. Ords. 1987, § 13-76; Ch. 405, § I, 10-3-06)
Sec. 13-77. - Definitions.#
The following words, terms and phrases, when used in this article, 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 anchors or other ground tackle from a vessel.
Channel means any water areas reserved for unobstructed movement of vessels.
Commission means the harbor management commission.
Fairway means any locally designated and/or maintained water areas reserved for unobstructed movement of vessels.
Harbor management commission means the commission established or designated in accordance with the ordinances to carry out the responsibilities associated with the development, oversight and administration of municipal harbor programs.
Harbormaster means an official appointed in accordance with this chapter to carry out the provisions of this article.
Launching ramp means any manmade or natural facility used for the launching and retrieval of boats (§ 300.4. R.I. Coastal Resources Management Program).
Marina means and includes any dock, pier, wharf, float, floating business or combination of such facilities that service five or more recreational boats as a commercial enterprise or in association with a club (§ 300.4 R.I. Coastal Resources Management Program).
Moor means to permanently secure a vessel to the bottom of a water body by the use of mooring tackle.
Mooring means a place where buoyant vessels are permanently secured to the bottom of a water body by mooring tackle and by permit from the municipality.
Mooring tackle means the hardware used to secure a vessel at a mooring and which is kept in place seasonally.
Nonresident means any individual, business, or corporation which does not meet the definition of "resident."
Qualified inspector means any person or business approved as an inspector of tackle by the harbor management commission and the harbormaster.
Resident means any full-time inhabitant, taxpayer, or nonprofit organization of the city.
Right-of-way means an easement or right to pass and repass across a parcel.
Transient anchorage means any area reserved and designated on the city harbor management plan: 1992, as amended from time to time, for the exclusive short-term use of commercial and recreational vessels and any vessels seeking emergency shelter.
Vessels means 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.
(Rev. Ords. 1987, § 13-77; Ch. 199, § I, 2-19-02)
Cross reference— Definitions generally, § 1-2.
Sec. 13-78. - Exhibits.#
The following exhibits on file in the office of the city clerk, are to be updated annually by the harbormaster and are hereby declared to be a part of this article: EXHIBIT 1. Mooring application.
EXHIBIT 2. Mooring tackle.
EXHIBIT 3. Notice of violation.
EXHIBIT 4. Violation warning.
EXHIBIT 5. Factors influencing layout of mooring grids.
EXHIBIT 6. Warning sticker.
EXHIBIT 7. Guidelines for establishing mooring grids.
EXHIBIT 8. Sequential list of permits for each field A through G.
EXHIBIT 9. New Mooring Waiting List (NMWL)
EXHIBIT 10. Mooring Location Change List (MLCL)
EXHIBIT 11. Grids and charts.
EXHIBIT 12. List of certified mooring inspectors.
EXHIBIT 13. List of rights-of-way to the water.
(Rev. Ords. 1987, § 13-78; Ch. 199, § II, 2-19-02; Ch. 313, § I, 8-10-04)
Sec. 13-79. - Jurisdiction.#
The coastal waters and harbor areas of the city included under the jurisdiction and authority of this chapter shall include all of the public waters easterly of the easterly sides of the ship channels in the Seekonk River, Providence River and harbor and Narragansett Bay from the Pawtucket-East Providence City line southerly to the point of intersection of such ship channel sides with a straight line drawn from Gaspee Point on the west shore to Nayatt Point on the east shore; and all of the public waters on the northerly side of a line running 65 degrees true from the intersection formed by the straight line drawn from Gaspee Point to Nayatt Point and such ship channel side to the point of intersection with the East Providence-Barrington boundary line; and all of the public waters westerly and northerly in Bullock Cove, of the East Providence-Barrington boundary line to the point of intersection of such boundary line and the mean high water line (G.L. 1956, § 46-4-5).
(Rev. Ords. 1987, § 13-79)
Sec. 13-80. - Harbor revenues.#
All revenues generated by the city boat mooring permit fees and other fees of this chapter, and fines levied under the authority of this chapter shall be deposited into the general fund. Funds shall be dispersed for purposes directly associated with the management and implementation of the city harbor management plan and this chapter.
(Rev. Ords. 1987, § 13-80; Ch. 556-C, 5-31-13)
Sec. 13-81. - Liability.#
Persons using the coastal waters and harbor areas of the city shall assume all risk of personal injury and damage or loss to their property. The city assumes no risk on account of accident, fire, theft, vandalism or acts of God.
(Rev. Ords. 1987, § 13-81)