DIVISION 5. - MOORING REGULATIONS
Part of the Code of Ordinances of East Providence, RI.
The text
Sec. 13-116. - Permitting.#
(a)
Generally. No mooring shall be located in the coastal waters and harbor areas of the city until a permit has been issued for the use of such mooring by the harbormaster. No mooring shall be located nor shall be maintained unless the mooring owner has received a valid mooring permit and that the mooring conforms to the specifications and standards set forth in this chapter and in such permit.
(b)
Request for a new mooring permit. To be eligible for a new mooring permit, an applicant must own a boat for which a mooring permit is being sought. A complete and accurate mooring permit application must be provided to the harbormaster before the harbormaster can act to approve or deny such application. The harbormaster shall determine if a new mooring permit can be issued only after all the pertinent provisions of the harbor management plan and this chapter are met (ref. section 13-116(g)).
(c)
Permits. It is the responsibility of the permit holder to apply for a permit by February 28 of each year. As a courtesy, application forms will be mailed by the harbormaster each year to those persons who held valid mooring permits at the end of the previous calendar year by January 15 and returned to the city hall by February 28. Applicants wishing to change the permitted vessel must submit an original permit application along with a copy of the Rhode Island boat registration and fee. A change in the vessel size or draft may cause the renewal to be considered under section 13-116(d) of this article. Nonrespondents shall be sent a letter on or about March 1, assessing them a $150.00 late fee and giving the permit holder until March 15 to apply. Failure to submit an application, mooring permit fee, and late fee by March 15 will result in the loss of the permit. It shall be the responsibility of the mooring permit holder to notify the harbormaster of any change in address. The harbormaster shall approve or reject mooring permit applications by March 15.
(d)
Relocation of existing permitted mooring. All requests for relocation of existing permitted moorings must be submitted to the harbormaster [and] must meet the requirements listed for a mooring permit application. The reasons for a mooring relocation must also accompany the request. Based upon availability of space, the requirements of this chapter, and the type and size characteristics of vessel, action will be taken on the request. Any incomplete request shall be returned to the applicant and no action will be taken on the request. Relocation of a mooring is at the sole expense of the mooring permit holder.
(e)
Failure to apply for a mooring permit. Failure to apply for a mooring permit in accordance with the provision of this chapter by March 15 of any given year will result in the permitted owner's abandonment of all his privileges and interest in the previously issued permit. The harbormaster will remove or dispose of the now abandoned mooring at the permitted owner's expense. Such expense may in turn be recovered by the city, in accordance with the provisions of this article.
(f)
Forfeiture of mooring permit. Any owner of a mooring located in the coastal waters and harbor areas of the city shall be deemed to have forfeited his mooring permit by reason of the following:
(1)
Failure to comply with any of the requirements of this article.
(2)
Removal of mooring and mooring tackle by mooring owner and notification to the harbormaster and/or harbor management commission that the mooring has been removed.
(3)
Failure to respond to the harbormaster's and/or harbor management commission's notice that the mooring does not comply with the mooring tackle standards set forth in this article, or that the mooring has been displaced or moved from its permitted location.
(4)
Failure to resurface or replace mooring within 15 days after being advised by the harbormaster that the mooring is down.
(5)
Knowingly providing false information to the harbormaster in the mooring permit application process.
(6)
Failure to occupy the mooring by July 1 the year after being granted a year-of grace.
(7)
Sale of a permitted vessel and not notifying the harbormaster or allowing the new owner to occupy the mooring.
(g)
Available spaces. Each year, the harbor management commission shall determine the number of mooring spaces available for mooring placement within each designated field A—G. This determination shall be based on an assessment of the density of moored vessels in each field in order to ensure safe and proper clearance. This number may be less than the number of currently permitted spaces within a designated mooring field although no valid renewal permit application shall be denied. Available mooring spaces shall be made available to those persons whose names appear on the waiting lists.
(h)
Waiting list. The harbormaster shall maintain two waiting lists (ref. section 13-79, exhibits 9 and 10); one list for new mooring applications (NMWL) and one list for requests for mooring location changes (MLCL) for all applications for mooring permit requests when no mooring space is available within the coastal waters and harbor areas of the city. Placement of applications on such waiting lists will be recorded from complete mooring permit applications as they are received at the city clerk's office. The harbormaster shall update the waiting lists at least twice a year and make the waiting lists available for public review at the city clerk's office. When a mooring location becomes available, the harbormaster shall assign the space on a seniority basis to persons on the new mooring applications or requests for mooring location changes. Persons on the MLCL shall take priority over persons on the NMWL. The harbormaster shall offer newly available mooring locations to the first person on the MLCL with a suitable boat. Should this person decline the spot, the person next in seniority with a suitable boat shall be offered the spot. This process will continue until all of the appropriate persons on the MLCL have had the opportunity to move up to the available spot. Persons declining a spot from either list shall maintain their relative position on the list. Persons who accept a new spot shall be removed from the list.
(i)
Processing of applications. All new permit applications and requests for mooring changes shall be sent directly to the city clerk's office, time and date stamped. A copy of the request will be forwarded to the harbormaster for further processing and the original application shall remain on file at the city clerk's office. The harbormaster shall not be able to consider any applications that have not been first processed by the city clerk's office.
(j)
Occupancy of mooring.
(1)
No vessel shall occupy a mooring other than the one for which it has been permitted. The harbormaster shall have the authority to move any vessel violating the provisions of this section, with such movement at the expense and risk of the vessel owner.
(2)
If a mooring should remain unoccupied by its permit holder for a period of one season, the harbormaster may choose not to renew the permit holder's permit. The permit holder shall have the right to appeal such a decision to the harbor management commission as stipulated in subsection 13-82(5).
(3)
The harbormaster may permit the temporary use of a mooring by another vessel after receiving written consent by the permitted mooring owner.
(Rev. Ords. 1987, § 13-100.2; Ch. 199, § IX, 2-19-02; Ch. 278, §§ V, VI, 9-2-03; Ch. 313, § II, 8-10-04; Ch. 405, § VI, 10-3-06; Ch. 507, § XI, 7-20-10; Ch. 556-C, 5-31-13)
Sec. 13-117. - Mooring permit application requirements.#
The following requirements are set for applications for private mooring permits (ref. section 13-78, exhibit 1): (1)
Name, address and telephone of owner;
(2)
Vessel name, make, length (feet), draft (feet), and RI registration number and copy of the RI registration certificate and MSD decal number if required;
(3)
Whether vessel has changed in status since the last permit was issued;
(4)
Mooring tackle inspection report must be filed within 21 days of the permit being issued and shall contain all the information regarding the mooring tackle as required on the form and be signed by the harbormaster or certified mooring inspector. If no inspection report is received the permit shall be considered void;
(5)
Area where applicant would like to locate mooring, prioritized. See section 13-78, exhibit 1;
(6)
Permits to moor are issued to individual persons allowing them to moor a vessel which is owned by them and registered in Rhode Island. Permits are not transferable other than as stated in section 13-121;
(7)
The location of mooring tackle or anchoring systems shall be at the discretion of the harbormaster and may be relocated at any time to best utilize the space available;
(8)
Any person who sells his permitted vessel must apply for a new mooring permit and if granted shall pay any and all costs of adjusting his or the surrounding mooring tackle. A new vessel may result in the loss of the previous mooring location and may require relocation to a different mooring field.
(Rev. Ords. 1987, § 13-100.3; Ch. 199, § X, 2-19-02; Ch. 278, § VII, 9-2-03; Ch. 507, § XII, 7-20-10)
Sec. 13-118. - Numbering.#
(a)
Each mooring located in the coastal waters and harbor areas of the city, once permitted, shall be assigned a number by the harbormaster. The number will be displayed in contrasting color in two places on each mooring buoy float in block numerals at least three inches in height.
(b)
Any mooring not displaying a mooring registration number will be considered a nonpermitted mooring. Nonpermitted moorings, and any vessels attached thereto, will be removed in accordance with the provisions of this article.
(Rev. Ords. 1987, § 13-100.4)
Sec. 13-119. - Moorings records.#
The harbormaster shall keep a detailed record of all moorings, their location, along with the owner's name, home (and business, if applicable) address, telephone number, and mooring permit number. These records shall be updated and made available to the harbor management commission.
(Rev. Ords. 1987, § 13-100.5; Ch. 199, § XI, 2-19-02)
Sec. 13-120. - Moorings associated with residential waterfront properties.#
(a)
Moorings owned by persons who own residential waterfront property are allowed to be placed in the coastal waters and harbor areas of the city in those waters immediately adjacent to the upland residential waterfront property. The mooring owner must comply with all mooring permit application requirements and receive a mooring permit from the city as described in this article, and the mooring must meet all mooring tackle standards and inspections as described in this article, before such placement will be permitted.
(b)
One such mooring is allowed to be placed in these areas by residential waterfront property owners.
(c)
Property owners may request the requirement to own a boat waived and apply for a "guest" permit. The application shall state the longest length and deepest draft of a "guest" vessel to be moored and the tackle installed must meet those requirements. No single vessel shall remain on the mooring for longer than 14 days during the season.
(Rev. Ords. 1987, § 13-100.6; Ch. 507, § XIII, 7-20-10)
Sec. 13-121. - Transfer of moorings.#
Mooring permits cannot be transferred from person to person, except in the case when the mooring permit holder expires. In such a case, the widow or widower shall have the option to renew the permit or maintain their relative position on the waiting list.
(Rev. Ords. 1987, § 13-100.7)
Sec. 13-122. - Mooring fields.#
(a)
Permit required. No mooring shall be located or placed within the coastal waters and harbor areas of the city without a valid mooring permit issued by the harbormaster and without having the mooring inspected as detailed in this article and approved by the harbormaster. The harbormaster must direct the placement of the mooring.
(b)
Mooring within boundaries. No vessel so moored or anchored shall extend beyond the designated mooring field boundaries, as detailed in this article without written permission from the harbormaster (Example: Riparian mooring).
(c)
Mooring field designations. Certain waters of the city shall be designated as mooring fields. Those waters designated as mooring fields in this article are authorized for the placements of permitted moorings as detailed within this article. They are located in accordance with all policies of the city's harbor management plan, the policies and requirements of the coastal resources management council's guidelines for the development of municipal harbor management plans, and the coastal resources management council's management procedures for siting mooring fields. Any revisions to the size, and/or location of these mooring field designations shall require city council approval. Once city council approval is obtained, approval for the revisions from the coastal resources management council shall also be obtained. Once approval has been obtained from the CRMC, the revisions may take place. The following mooring field designations A-1 through G are drawn on chart A, section 13-78, exhibit 11:
Mooring field A-1: A body of water beginning at the federal channel just south of Haines Park boat ramp with the northwest corner at 41-45.215 N and 071-21.210 W traveling 165' to the northeast corner at 41-45.216 N and 071-21.175 W traveling 266' to the southeast corner at 41-45.171 N and 071-21.175 W traveling 165' to the southwest corner at 41-45.170 N and 071-21.210 W traveling 262' back to the northwest corner. This area is located south of Haines Park and north of Cove Haven Marina and may contain floating docks to best utilize the space available. This area contains 1.01 water acres.
Mooring field A: A body of water beginning at the northwest corner of the dredged anchorage at 41-45.250 N and 071-21.248 W traveling 200' to the northeast corner at 41-45.248 N and 071-21.206 W traveling 1,483' to the southeast corner at 41-45.012 N and 071-21.283 W at the 15 dayboard traveling 99' to the southwest corner at 41-45.014 N and 071-21.306 W traveling 1,465' back to the northwest corner. This area contains 4.03 water acres.
Mooring field B: A body of water beginning at southern boundary of mooring field "A" at the northwest at 41-45.014 N and 071-21.306 W traveling 108' to the northeast corner at 41-45.012 and 071-21.283 W at the 15 dayboard traveling 1,350' to the southeast corner at 41-44.788 N and 071-21.320 W traveling 508' to the southwest corner at 41-44.829 N and 071-21.320 W traveling 1121' back to the northwest corner. This mooring field shall have a clear fairway of 50' in front of Bullock Cove Marine, NTYC and Petersen's Marina from the harbor line to the east. There shall also be a clear fairway from the 11 dayboard traveling 40' south along the federal channel and approximately 400' to the west bounded by the NTYC dock. (also see section 13-89) This area contains 7.42 water acres.
Mooring field C: A body of water beginning from an imaginary line west of the southern boundary of Rose Larisa Park and encompassing approximately 40 waterfront properties with the northwest corner at 41-45.230 N and 071-21.869 W traveling 371' to the northeast corner at 41-45.233 N and 071-21.792 W traveling 3,329' to the southeast corner at 41-44.698 N and 071-21.628 W traveling 196' to the southwest corner at 41-44.698 N and 071-21.666 W traveling 3,310' back to the northwest corner. This area contains 21.38 water acres.
Mooring field D: A body of water beginning off Rose Larisa Park and encompassing approximately 20 waterfront properties to the north with the northwest corner at 41-45.645 N and 071-21.920 W traveling 619' to the northeast corner at 41-45.645 N and 071-21.785 W traveling 2,110' to the southeast corner at 41-45.300 N and 071-21.785 W traveling 619' to the southwest corner at 41-45.299 N and 071-21.920 W traveling 2,110' back to the northwest corner. This area contains 30.03 water acres.
Mooring field E: A body of water beginning off Sabins Point Park and encompassing approximately 30 waterfront properties to the south with the northwest corner at 41-45.865 N and 071-22.070 W traveling 751' to the northeast corner at 41-45.865 N and 071-21.905 W traveling 1,307' to the southeast corner at 41-45.651 N and 071-21.906 W traveling 798' to the southwest corner at 41-45.651 N and 071-22.081 W traveling 1,310' back to the northwest corner. This area contains 23.27 water acres.
Mooring field F: A body of water beginning off Sabins Point Park and encompassing approximately 20 waterfront properties to the north of the Sabins Park boat ramp with the northwest corner at 41-46.201 N and 071-22.300 W traveling 606' to the northeast corner at 41-46.200 N and 071-22.164 W traveling 1,014' to the southeast corner at 41-46.033 N and 071-22.161 W traveling 630' to the southwest corner at 41-46.031 and 071-22.300 W traveling 1,021' back to the northwest corner. This area contains 14.45 water acres.
Mooring field G: A body of water in the area of Pomham Lighthouse (future use, less than five permits issued).
Mooring field H: A body of water along the Providence River shoreline (future use, less than five permits issued).
Mooring field I: A body of water along the Seekonk River shoreline (future use, less than five permits issued).
(d)
All designated mooring fields sited within the coastal waters and harbor areas of the city shall be set back a minimum distance of:
(1)
One hundred feet from the mean high water mark of the shore to accommodate the placement of moorings associated with residential waterfront property owners; and
(2)
Fifty feet from all shellfish management areas, and shoreside structures such as, but not limited to, docks and piers.
(Rev. Ords. 1987, § 13-100.8; Ch. 199, § XII, 2-19-02; Ch. 405, § VII, 10-3-06; Ch. 507, § XIV, 7-20-10)
Sec. 13-123. - Mooring tackle specifications.#
Moorings and mooring tackle shall meet the following minimum standards:
_____
MOORING STANDARDS
At the time of inspection, or whenever this tackle is raised for any reason, it must be checked and made to conform with these specifications. Boat
L.O.A. 1 Concrete
Stone
Block Lbs. Cast
Iron Mushroom Shackle
& Heavy
Chain Shackle
& Light
Chain Swivel
Pin Pennant
Nylon
Under 23′ 300 260 150 ½″ ½″ ½″ ⅝″
23′—30′ 500 435 300 ¾″ ½″ ¾″ ¾″
31′—35′ 750 555 375 ¾″ ½″ ¾″ ⅞″
36′—39′ 1,000 875 500 1″ ⅝″ ¾″ 1″
Over 39′ 1,500 1,400 1,000 1″ ⅝″ ¾″ 1″
1 Boats' lengths are rounded to the nearest foot.
See section 13-78, exhibit 2.
_____ (1)
The maximum length of the pennant should be 2½ times the distance from the bow chock to the water plus the distance from the bow chock to the mooring cleat or post.
(2)
All pennant lines running through a chock or any other object where chafing may occur should have adequate chafe guards.
(3)
Lengths of tackle are specified on a per mooring basis as illustrated in section 13-78, exhibit 2. The total length of chain shall be 2.5 times the high water depth. The lower and upper chains shall be 1.25 times the high water depth.
(4)
All shackles, swivels, and other hardware used in the mooring hookup should be proportional in size to the chain used. See mooring standards.
(5)
Cast iron must be a minimum of 1.75 times mushroom weight. Concrete must be two times mushroom weight.
(6)
The mooring buoy shall be white in color and shall have a blue stripe. The Mooring number shall be displayed in contrasting color in two places on each mooring buoy in block numerals at least three inches in height.
(7)
A winter mooring stick/spar, if used to replace the mooring buoy, shall be white in color and bear the assigned mooring number in block numerals at least 3 inches in height. A winter mooring stick/spar shall be removed on or before May 31st and shall not be set until or after September 30th of each calendar year.
(8)
A mooring in violation of these specifications may be issued a warning sticker (Ref. section 13-78, exhibit 6). Failure to respond to this warning issued by the harbormaster within the specified amount of time from the date issued, shall result in additional penalties and fines as provided for in this article.
(Rev. Ords. 1987, § 13-100.9; Ch. 199, § XIII, 2-19-02; Ch. 278, § VIII, 9-2-03)
Sec. 13-124. - Inspections.#
(a)
All new moorings in the coastal waters and harbor areas of the city must have the chain, tackle, and anchor inspected by the harbormaster or his designee prior to setting the mooring.
(b)
Every permit holder shall be required to maintain his mooring in safe condition. Any chain, shackle, swivel, or other tackle which has become warped or worn by one-third its normal diameter shall be replaced. Failure to maintain a safe mooring shall be cause for revocation of the mooring permit and shall be deemed a violation of this article. The harbormaster or his designee may inspect any moorings at any time to determine compliance with this section at the owner's expense.
(c)
All moorings shall be inspected once every three years and the results of such inspection shall be reported to the harbormaster. Mooring inspections shall be performed by a qualified inspector. The inspection shall be made by either raising the mooring or by underwater inspection. Such inspection shall determine compliance with the mooring and mooring tackle standards of this article. Any mooring or component of a mooring reported not in compliance with this article shall be replaced within 30 days of such notice. Any mooring washed ashore during a storm shall be inspected by the harbormaster or his designee before it is reset. All costs of any mooring inspection required under the provisions of this article shall be the responsibility of the mooring owner.
(d)
Within 30 days after a mooring and/or its mooring tackle has been reported to violate any requirements of this article, a second mooring inspection must be completed to determine if the violation has been corrected and meets the standards detailed in this article. The results of such second mooring inspection must be reported to the harbormaster. Failure to correct the violation shall cause the mooring to be deemed not safe and shall be cause for the revocation of the mooring permit, shall be a violation of this article, and subject to the removal of the mooring from the coastal waters and harbor areas of the city in accordance with any provision of this article at the risk and expense of the mooring owner.
(e)
Any person may apply to the commission to be designated as an inspector. Applications shall be made on the form provided by the harbormaster and must be accompanied by the annual application fee as set by the harbormaster and police chief, which shall be approved as part of the harbormaster's budget submitted to the city council, along with a resume which includes relevant professional experience from either current or previous employers in marine related industry or area harbormasters. A qualified inspector must reapply by July 1 of each year. The commission may designate as many inspectors as it feels are necessary; shall set standards for the inspectors to follow; and shall establish criteria for qualifying as an inspector. Any inspector who has failed to exercise diligence in the exercise of his duty shall have his inspector's license revoked.
(f)
The harbormaster shall keep a list of all qualified inspectors and shall make this list available to holders of mooring permits and provide a copy of this list to the city clerk's office (ref. section 13-78, exhibit 12).
(g)
Any person, prior to being appointed as a qualified inspector will provide and submit to the harbormaster either proof of insurance or a surety bond in the amount of $1,000,000.00. The insurance policy must name the City of East Providence and harbormaster as additional insured and certificate holders of the policy. The policy must clearly state "mooring inspector".
(Rev. Ords. 1987, § 13-100.10; Ch. 199, § XIV, 2-19-02; Ch. 313, § III, 8-10-04; Ch. 507, § XV, 7-20-10; Ch. 556-C, 5-31-13)
Sec. 13-125. - Dredging.#
(a)
Periodically mooring fields A-1 and B may be maintenance dredged. It shall be the sole responsibility of the mooring permit holder (owner of the mooring) to remove all hardware and ground tackle for the duration of the dredge project. Notification will be made to remove mooring hardware and ground tackle by form of a letter to mooring permit holders and public notice. If after proper notification, a mooring and/or its ground tackle are not promptly removed by the mooring permit holder (owner of the mooring), the mooring and/or its ground tackle will be removed and disposed of at the owner's expense and the mooring permit will be revoked.
(b)
Reinstallation of mooring hardware and ground tackle will be the sole responsibility of the mooring permit holder (owner of the mooring). After the dredging project is completed, mooring permit holders will be sent notification by the harbormaster that will include information on the designated positions for the permitted mooring locations. The mooring grid will be reestablished in accordance with the guidelines for establishing mooring grids as provided for in this article. An individual's mooring may or may not be placed in its original location.
(Ch. 278, § IX, 9-2-03; Ch. 405, § VIII, 10-3-06)