The text
(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)