DIVISION 4. - HARBOR REGULATIONS
Part of the Code of Ordinances of East Providence, RI.
The text
Footnotes:
--- (6) --- State Law reference— Regulation of boats, G.L. 1956, § 46-22-1 et seq.
Sec. 13-86. - Vessel speed.#
The operation of any vessel within the coastal waters and harbor areas of the city shall proceed in a manner which protects all persons and property from damage from waves, wake, and operation. Operators of vessels within the coastal waters and harbor areas of the city shall comply with state regulations on vessel speeds and wake (G.L. 1956, § 46-22-9). A maximum speed for vessels is five miles per hour and no wake within the marked channel with the following boundaries; north of entrance to Bullocks Cove Red Nun #2 and north of Buoy #2 in the Seekonk River to the Pawtucket boundary line. Speed limits also pertain to federal navigation channels. Vessel speed in mooring fields is five miles per hour maximum.
(Rev. Ords. 1987, § 13-86; Ch. 199, § V, 2-19-02)
Sec. 13-87. - Reckless vessel operations.#
Vessels involved in activities including, but not limited to, water skiing, jet skiing, paragliding, and other similar uses that would involve the use of a vessel moving in excess of ten miles per hour shall not be allowed within 200 feet of any swimming area, mooring area, shore side facility, rights-of-way ingress and egress points, launching ramp, federal navigation channels, navigation fairways, small unpowered vessels vulnerable to swamping or tipping due to wakes (i.e., canoes, kayaks, etc.), or north of Buoy #2 Seekonk River. Vessels used in these manners are allowed within 200 feet of shore side facilities when the sole purpose is to begin or end such activity. No person shall operate any vessel at any time or at any speed so as to endanger any person. No person shall ride on any part of a vessel not meant for seating or that may cause that person to fall overboard. Any such action shall be deemed as reckless operation. No person shall operate any canoe, kayak, paddle boat or shallow draft vessel within any navigational channel or fairway as to impede or interfere with the safe operation of vessels limited in the ability to maneuver or limited by draft and that must stay within the channel or fairway.
(Rev. Ords. 1987, § 13-87; Ch. 507, § III, 7-20-10)
Sec. 13-88. - Navigation fairways.#
The following fairway is hereby designated within the south basin of Bullocks Cove. From the 11 dayboard at the federal channel boundary at 41-44-51.30 N and 071-21-14.04 W traveling west to a point 50' east of the NTYC piling at 41-44-50.6 N and 071-21-20.1 W and from the 11 dayboard traveling south 40'. This area shall remain clear of moored vessels at all times. The harbormaster may install pilings or buoys to clearly define this area.
(Rev. Ords. 1987, § 13-88; Ch. 507, § IV, 7-20-10)
Sec. 13-89. - Obstruction of channels, fairways, and berthing space.#
No vessel shall be moored or anchored so as to interfere with the free and unobstructed use of channels, fairways, or berthing spaces within the areas under city jurisdiction as detailed in section 13-79 of this chapter. No docks, floats, pilings or berthed vessels at any marina or yacht club shall impede into the fairways or channel.
(Rev. Ords. 1987, § 13-89; Ch. 507, § V, 7-20-10)
Sec. 13-90. - Swimming.#
Swimming is prohibited in all federal navigation channels and fairways.
(Rev. Ords. 1987, § 13-90)
Sec. 13-91. - Fishing.#
The placement of lobster pots, pot floats and fish nets are prohibited in all federal navigation channels, navigation fairways, and mooring fields.
(Rev. Ords. 1987, § 13-91)
Sec. 13-92. - Boat sewage waste.#
(a)
The disposal of boat sewage wastes by any means into the coastal waters of the city is prohibited.
(b)
No person shall operate or moor for more than 30 days, a boat in the waters of the city, other than vessels for hire licensed by the U.S. Coast Guard to carry six or more passengers, unless such boat displays in a prominent position an approved "no discharge certificate decal."
(Rev. Ords. 1987, § 13-92; Ch. 199, § VI, 2-19-02; Ch. 405, § III, 10-3-06)
Cross reference— Sanitary sewer system, § 17-76 et seq.
Sec. 13-93. - Marine debris.#
The discharge of any waste, garbage, refuse, petroleum product or byproduct, paint, varnish, dead animals, fish, bait, or any other debris is prohibited in coastal waters and harbor areas within the city. A fine shall be collected each day until the debris has been removed or cleaned up and the area returned to its natural state.
(Rev. Ords. 1987, § 13-93; Ch. 507, § VI, 7-20-10)
Sec. 13-94. - Towing and moving of vessels.#
If any vessel berthed, moored, or anchored in the coastal waters of the city is found to be in violation of any provision of this chapter; the harbormaster is directed to move, relocate, or tow such vessel. In addition to any fees such violation shall incur, a fine of $1,000.00 shall be collected from the vessel owner for such harbormaster action. This fee shall be set by the city council periodically, upon recommendation from the harbor management commission.
(Rev. Ords. 1987, § 13-94; Ch. 278, § IV, 9-2-03; Ch. 405, § IV, 10-3-06; Ch. 556-C, 5-31-13)
Sec. 13-95. - Rafting.#
Vessels may raft on a single mooring when such activity does not interfere with the proper functioning of adjacent single moorings or vessel anchorages. Rafting shall not exceed 24 hours. Vessels at raft shall be manned at all times.
(Rev. Ords. 1987, § 13-95)
Sec. 13-96. - Abandoned vessels and structures.#
(a)
Upon his determination the harbormaster may take custody and control of abandoned vessels and structures located in the coastal waters and harbor areas of the city and remove, store, or otherwise dispose of such vessel or structure at the expense and sole risk of the owner of the abandoned vessel or structure. In addition to any fees such violation shall incur, a fine of $1,000.00 shall be collected from the vessel owner for such harbormaster action. Reasonable notice of such removal, storage, or disposal shall be publicly advertised. If any abandoned vessel or structure presents a hazard to the navigation, the harbormaster may have it removed before it is publicly advertised. The owner is responsible for all expenses incurred. A fine shall be collected each week until the abandoned structure or vessel is removed.
(b)
The harbormaster shall assume all of the duties and powers of the commissioner of wrecks and shipwrecked goods as detailed in the G.L. 1956, § 46-10-1 et seq.
(Rev. Ords. 1987, § 13-96; Ch. 405, § V, 10-3-06; Ch. 507, § VII, 7-20-10; Ch. 556-C, 5-31-13)
Sec. 13-97. - Special events.#
The harbor management commission, with approval from the city council, may authorize in accordance with all appropriate state and federal guidelines, certain special events, such as swimming races, regattas, marine parades, or other marine and maritime activities that may from time to time be held on or in the coastal waters and harbor areas under the jurisdiction of the city.
(Rev. Ords. 1987, § 13-97)
Sec. 13-98. - Boat standards.#
Every vessel entering the coastal waters and harbor areas of the city shall be equipped as required by G.L. 1956, § 46-22-1 et seq. and all similar federal laws, rules and regulations. Consistent with G.L. 1956, § 46-22-1 et seq. the harbormaster shall have the authority to enforce all provisions of G.L. 1956, § 46-22-1 et seq.
(Rev. Ords. 1987, § 13-98)
Sec. 13-99. - Rights-of-way to the water.#
(a)
No person shall block, barricade or in any way impede the public use of or access to designated public rights-of-way to the water as defined by the coastal resources management council or the city. See section 13-78, exhibit 13.
(b)
No person shall store a vessel, vehicle or structure on a designated public right-of-way to the water as defined by the coastal resources management council or the city.
(c)
Any person in violation of this section shall be subject to a fine in accordance with subsection 13-142(a). See list of rights-of-way, section 13-78, exhibit 13. A fine shall be collected each week until the violation is corrected.
(Rev. Ords. 1987, § 13-99; Ch. 199, § VII, 2-19-02; Ch. 507, § VIII, 7-20-10)
Sec. 13-100. - Transient anchoring and anchorages.#
(a)
Generally. A vessel may anchor on its own anchor in the coastal waters and harbor areas of the city except in federal navigation channels, navigation fairways, mooring fields, swimming areas, rights-of-way ingress and egress areas, and launching ramp areas, for a period not to exceed 24 hours, or at the discretion of the harbormaster. Written consent from the harbormaster is required for extended visits of more than 24 hours. No vessel anchored under such conditions shall be left unattended. Owners and/or operators of such vessels may go ashore, but must be available to tend the vessel in the event of heavy weather. It shall be the vessel owner's and/or operator's responsibility to remain clear of all moored vessels, and other structures.
(b)
Transient anchorages. The following areas are established for use as transient anchorage areas:
Bullocks Cove Mooring #500 North.
Bullocks Cove Mooring # 501 South.
Crescent Beach Mooring #502 South.
Crescent Beach Mooring #503 Middle.
Crescent Beach Mooring #504 North.
Pomham Lighthouse #505.
Transient mooring fees shall be $40.00 per day or $200.00 per week.
(Rev. Ords. 1987, § 13-100; Ch. 199, § VIII, 2-19-02; Ch. 438, § I, 11-6-07; Ch. 556-C, 5-31-13)
Sec. 13-101. - Failure to stop or move.#
It shall be a violation of this article for any person to refuse to move or stop on oral command or order of the harbormaster or assistant harbormaster identified as such and exercising the duties lawfully assigned to him.
(Rev. Ords. 1987, § 13-100.1; Ch. 507, § IX, 7-20-10)
Sec. 13-102. - Omega Pond.#
No person shall operate any gasoline powered boat within Omega Pond. Vessels may be operated with an electric motor or under oars, paddles, or sail. No vessel shall travel in excess of five m.p.h. or leave a wake.
(Ch. 437, § I, 11-6-07)
Sec. 13-103. - Turner Reservoir.#
No person shall operate any gasoline powered boat within Turner Reservoir. Vessels may be operated with an electric motor or under oars, paddles, or sail. No vessel shall travel in excess of five m.p.h. or leave a wake.
(Ch. 437, § I, 11-6-07)
Sec. 13-104. - Willett Pond.#
No person shall operate any gasoline powered boat within Willett Pond. Vessels may be operated with an electric motor or under oars, paddles, or sail. No vessel shall travel in excess of five m.p.h. or leave a wake.
(Ch. 437, § I, 11-6-07)
Sec. 13-105. - Private or city aid-to-navigation.#
No person shall moor, tie or secure in any way a vessel to any private or city owned aid-to-navigation piling or float including all dayboard channel markers, speed regulation dayboard or buoys, danger and hazard-to-navigation markers or spill containment pilings or buoys.
(Ch. 507, § X, 7-20-10)
Sec. 13-106. - Safe boating record.#
Prior to the court date shown on the summons, a person may request the harbormaster reduce or dismiss a fine after consideration of the circumstances or the person's safe boating record or attendance at a safe boating course.
(Ch. 507, § X, 7-20-10)