The text
Footnotes:
--- (1) --- State Law reference— Powers and authority to regulate activity for the public waters within the jurisdiction of the town, G.L. 1956, § 46-4-6.9; coastal resources management council, G.L. 1956, § 46-23-1 et seq.
ARTICLE I. - IN GENERAL#
Secs. 78-1—78-20. - Reserved.#
ARTICLE II. - HARBOR MANAGEMENT ORDINANCE#
Footnotes:
--- (2) --- Editor's note— An ordinance adopted June 20, 2011, changed the title of art. II from "Harbor Management" to "Harbor Management Ordinance."
Sec. 78-21. - Goals.#
Whereas, the harbor and nonharbor tidal waters described herein within the corporate boundaries of the Town of Jamestown are under the ownership and jurisdiction of the state and are held in trust for all the citizens of the state; and whereas the state grants the Town of Jamestown limited and specific uses of these waters; therefore the town establishes the following goals for this article: (1)
To regulate uses and activities within the waters of the town, as described herein; to protect the coastal environment; to minimize user conflicts; to maximize the efficient use of both the water space and town-owned waterfront consistent with the other goals expressed herein; and to maintain and improve public access to and from the waters of the town for the benefit of all user groups, including residents and nonresidents with or without boats, who seek to use town waters for passive and active recreation.
(2)
To distribute equitably the burdens and benefits of harbor management and development among commercial mooring operators, private mooring owners, other groups or individuals with special interests in the water and the waterfront, and the town.
(3)
To remain consistent with the authorities granted the town under G.L. 1956, § 46-4-6.9 and with the goals, policies, and regulations of the Jamestown Comprehensive Community Plan, the Jamestown Comprehensive Harbor Management Plan, the Rhode Island Coastal Resources Management Program, the Rhode Island Department of Environmental Management, and the United States Army Corps of Engineers.
(Ord. of 6-17-2004, § 1)
Sec. 78-22. - 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:
Abandoned vessel: A vessel that is inoperable and is left unattended for more than 72 hours, or a vessel that has remained illegally in the waters of Jamestown for a period of more than three days.
Anchoring: To secure a vessel temporarily to the bottom of a waterbody by dropping an anchor or anchors or other ground tackle from a vessel.
Beach(es): Area(s) of the shoreline designated by the harbor commission as suitable for land storage of vessels capable of being removed from the water by manpower alone.
Beach permit: A license authorized by the Town of Jamestown granting the permittee the privilege of storing a specified vessel at a designated beach for a specified season of April 1 until October 31 of each year.
Channel: Any water areas that are federally maintained and reserved for unobstructed movement of vessels.
Coastal waters: All waters bordering the town from the shore to a distance of 500 feet seaward not included in the designation "harbor waters."
Commercial mooring: Any mooring that a marina, shipyard, yacht club, or other organization has permission to lease or rent to others.
Commercial vessel: A vessel licensed and used primarily for any type of commercial venture, including but not limited to, fishing, towage, salvage, and the carriage of passengers for hire.
Conservation zones: Those harbor areas specially designated by the town for the protection of water quality, wildlife, and plant habitat values. (Note: These zones may differ from the type 1 "Conservation Areas" of the Rhode Island Coastal Resources Management Council.)
Developed riparian property: Riparian property improved by the addition of a permanent structure that has been approved by the building inspector of the town.
Executive director: The member of the town administration nominated by the town administrator and appointed by the town council to supervise the harbor staff and to administer the provisions of this article and any additional regulations subsequently required for the implementation of the article.
Fairway: Any locally designated and/or maintained water areas, usually in harbors or in mooring zones, reserved for the unobstructed movement of vessels.
Guest mooring: A private mooring of a riparian property owner reserved solely for the use of guests.
Harbor commission: The local advisory and regulatory body authorized by the town council to manage the coastal waters and harbor areas of the town.
Harbormaster: The individual, hired on approval of the town council by the town administrator, who is primarily concerned with enforcement and activity on the waters of the town. The harbormaster reports to the executive director.
Harbor waters: The waters in the two harbors of the town: East Harbor, and West (Dutch) Harbor. The boundaries of these harbors are defined in section 78-34; appendix A of this article.
Headway speed: the slowest speed at which a vessel can operate and maintain steerage.
Moor: To secure a vessel to the bottom of a waterbody semi-permanently or seasonally.
Mooring: All hardware or tackle used to moor a vessel. For the purposes of this article, a mooring is considered either commercial or private.
Mooring area: A bounded area outside the harbor waters in which moorings may be placed. Per CRMC regulation, more than four moorings (the maximum which riparians may have) is considered a mooring area, and must be properly recognized in the harbor ordinance.
Mooring permit: A license authorized by the Town of Jamestown granting the permittee the privilege of using an assigned mooring space in the waters of the town for a specified season.
Mooring space: The specific space assigned by the harbormaster to the holder of a valid mooring permit for the placement of a mooring.
Mooring zones: Those harbor areas designated by the town for the placement of moorings, or for transient anchorage if space is available.
Motorized vessel: Every description of a watercraft used, or capable of being used, as a means of transportation on the water and which is propelled by or capable of being propelled by a motor.
Nonresident: Any individual, business, corporation, or association that does not meet the definition of "resident."
Notice: Notice in so far as the holder of a mooring permit is concerned shall be defined as a registered and regular first class mail sent to the address of record on the mooring permit from the harbor clerk.
Occupation: "Occupation" of a mooring or outhaul for a "day" as used in subsection 78-26(m)(4) or (5), or 78-26(p)(1) hereof requires that the vessel be secured thereto overnight.
Outhaul: A non-single-point anchoring device, for the purpose of securing a boat in tidal waters and retrieving it from shore.
Outhaul permit: A license authorized by the Town of Jamestown granting the permittee the privilege of storing a specified vessel on a specific outhaul for a specified season.
Personal watercraft: A vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional method of sitting or standing inside the vessel.
Private aid to navigation: A buoy placed to mark a location in the water, other than government marks. The location of such private aids in Jamestown waters must be approved by the harbormaster. No fees will be charged for such private aids. The parties placing such private aids are responsible for their proper maintenance and for informing appropriate governmental authorities of their placement.
Private mooring: Any mooring that is not a commercial mooring.
Qualified mooring inspector: Any person or business approved as an inspector of moorings by the harbor commission upon recommendation of the harbormaster.
Rafting: Two or more vessels, excluding dinghies or other tenders, attached to each other while moored or at anchor.
Recreational vessel: Any vessel designed for self-propelled navigation on the water and used primarily for pleasure.
Resident: Any real property taxpayer, full-time inhabitant, and/or registered voter of the Town of Jamestown; any recognized nonprofit organization of the town.
Right-of-way: A legal right to use a path or corridor from a public or private thoroughfare or facility that leads to the waters of Narragansett Bay.
Riparian property: A freehold estate of record in land within the town having shorefront directly adjacent to waters bordering the town.
Season: March 1 to November 15 of each year.
Transient anchorage zones: Those harbor areas designated by the town exclusively for the short-term use of commercial and recreational vessels.
Vessel: Every description of watercraft used, or capable of being used, as a means of transportation on water, with the exception of seaplanes, houseboats, and floating businesses.
Vessel in need of a mooring: A vessel that will employ the permitted mooring as the primary securing location of the vessel when not in use. A vessel that displaces less than 150 pounds when empty is presumed not in need of a mooring. A person desiring to apply for a mooring for a vessel that does not meet the foregoing criterion may apply to the harbormaster for permission to do so.
Waters of the town: The harbor and coastal waters under town jurisdiction described in sections 78-23, 78-24, and 78-34; appendix A of this article.
(Ord. of 6-17-2004, § 2; Ord. of 11-7-2011; Ord. of 2-21-2012, Exh. A-1; Ord. of 8-4-2014(1), § 1(Exh. A); Ord. of 4-1-2019, § 1(Exh. A); Ord. of 2-18-2020(2), § 1(Exh. A))
Sec. 78-23. - Areas under jurisdiction.#
The Town of Jamestown hereby assumes management authority for the purposes of this article consistent with the powers, duties, and authorities granted under G.L. 1956, 46-4-6.9 over the following waters: (a)
Harbor waters. The waters of the two harbors—East Harbor and West (Dutch) Harbor. The boundaries of these harbors are defined in section 78-24 and 78-34; appendix A of this article.
(b)
Coastal waters. All waters bordering the town from the shore to a distance of 500 feet seaward not included in the designation "harbor waters" or the "mooring areas" of which are defined in section 78-24 and 78-34; appendix A of this article.
(c)
Mooring areas. The waters within areas defined in section 78-24 and 78-34; appendix A of this article.
(Ord. of 6-17-2004, § 3; Ord. of 11-7-2011; Ord. of 4-1-2019, § 1(Exh. A))
Editor's note— An ordinance adopted Nov. 7, 2011, changed the title of § 78-23 from "Jurisdiction" to "Areas under jurisdiction."
Sec. 78-24. - Harbor and mooring area boundaries.#
Refer to [section] 78-34; appendix A of this article. Refer to appendix A within the Comprehensive Harbor Management Plan for maps of the harbor boundaries and specific areas within the harbor boundaries.
(Ord. of 6-17-2004, § 4; Ord. of 6-20-2011(3); Ord. of 11-7-2011; Ord. of 4-1-2019, § 1(Exh. A))
Editor's note— An ordinance adopted June 20, 2011, changed the title of § 78-24 from "Harbor boundaries" to "Harbor and mooring area boundaries."
Sec. 78-25. - 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 Rhode Island Coastal Resources Management Council ("RICRMC") or the town of Jamestown.
(b)
No person shall park or store a vessel, vehicle, or structure on a designated public right-of-way to the water as defined by the RICRMC or the Town of Jamestown. Vessels may be stored on the ground at designated beaches or in racks on town property constructed with permission of the harbor commission. The harbor clerk shall issue permits for doing so at fees to be set by the harbor commission and shall maintain waiting lists for these privileges if appropriate.
(c)
Any person in violation of this section of the ordinance after due notice shall be subject to a fine in accordance with section 78-27 of this article ("regulated activities"). After due notice town personnel may clear a right-of-way at the violator's expense.
(Ord. of 6-17-2004, § 5; Ord. of 11-7-2011)
Sec. 78-26. - Mooring and outhaul regulations.#
(a)
Permitting. No mooring or outhaul shall be located or maintained in the harbor or coastal waters of Jamestown until a permit has been issued for the use of such mooring or outhaul by the harbormaster. No mooring or outhaul shall be permitted until the harbormaster has determined that it conforms to the specifications set forth in this article and in any other conditions established by the state or town. The harbormaster is responsible for the precise location of every mooring or outhaul, with due regard to space available, to the maximizing of available space, and to the safety of the vessel. Individuals holding a permit may renew it annually upon payment of the appropriate fee subject to compliance with all of the conditions of this section. A mooring or outhaul permit may, upon notice, be revoked at any time for failure to comply with conditions established by this article or by any applicable state or town regulations.
(b)
Mooring density and allocation.
(1)
Harbor waters. The limit of moorings in the east harbor and west harbor mooring zones shall be based on available space and the provision of adequate landside facilities. No additional commercial mooring permits shall be assigned in either the east or west harbor mooring zones until private mooring permits constitute 60 percent of the zone's total number of permits. The precise location of each mooring, commercial or private, within the mooring zones shall be made by the harbormaster, who shall, with the harbor commission, establish appropriate fairways within the zones.
(2)
Coastal waters. No mooring shall be permitted more than 500 feet from the shore in coastal waters. No commercial moorings are permitted in coastal waters. The precise location of each private mooring shall be made by the harbormaster.
(3)
Mooring areas. Private moorings may be established in mooring areas. No commercial moorings are permitted in mooring areas. The density and placement of such moorings shall be established by the harbormaster.
(4)
No moorings shall be established in conservation zones.
(c)
Priority for private mooring permits. The harbor commission shall maintain a chronological list of all applicants requesting a private mooring permit. The list shall be updated at least twice a year and shall be available to the public at all times for inspection. Within the space available, requests shall be treated in accordance with the following priority guidelines:
Class 1: Riparian. a.
Owners of riparian property, including individual owners and the owners or directors of profit or nonprofit associations, partnerships, corporations or such other legal entities owning riparian property, are entitled to apply, with priority over other mooring permit classes, for up to two moorings per property parcel directly adjacent to the shorefront property parcel. They may apply for additional Class 1 moorings, up to four in total, without priority over other mooring permit classes. In both cases applications are subject, as determined by the harbormaster, to the availability of space and to state and local regulations. Contiguous lots under the same ownership shall be considered as one property parcel. An individual owner may designate only immediate family members (the owner or the owner's spouse, children, or parents) or the current lessee of the owner's riparian property as holders of the permitted moorings. An association, partnership, or corporation may designate any of its members in good standing as holders of its permitted moorings. With the approval of the harbormaster, mooring privileges in this category may be granted to owners whose riparian property is adjacent to a town conservation zone.
Guest moorings: Only owners of riparian property may have guest moorings. Only one of the two moorings permitted Class 1a permit holders may be a guest mooring, except that nonfamily associations, partnerships, or corporations owning developed riparian property may designate as guest moorings one or both of their permitted moorings. Guest moorings may not be rented or leased. The harbormaster may on application permit a single vessel to occupy a guest mooring on a seasonal basis. Applications for private guest moorings must specify the length of the largest vessel able to occupy the mooring under normal conditions.
b.
On coastal waters, property owners holding a freehold estate of record with a deeded right of access to riparian property owned by a nonprofit association, partnership, or corporation of which they are members in good standing are entitled to apply for a single mooring permit per property directly adjacent to that riparian property. The privilege of a mooring permit in this category is subject to the reasonable availability of mooring space as determined by the harbormaster. This category of mooring is not permitted in harbor waters, may not be placed in a town conservation zone, and may not be a guest mooring. All moorings in this category shall be counted toward complying with the CRMC no greater than 3:1 resident to non-resident mooring allocation requirement. The town shall provide delineation of mooring areas to contain all Class 1b moorings; Class 1b moorings existing as of April 22, 2014 shall be considered "grandfathered". Each such mooring area is available to members of the general public. This does not imply any right to trespass on private property.
Class 2: Rights-of-way. The town shall provide delineation of mooring areas to contain all Class 2a and 2b moorings; Class 2a and 2b moorings existing as of April 22, 2014, shall be considered "grandfathered". Each such mooring area is available to members of the general public. This does not imply any right to trespass on private property. a.
Nonriparian property owners holding a freehold estate of record with a deeded private right-of-way or easement to coastal waters granted in an original property subdivision are entitled to apply, per property, for a single mooring permit directly adjacent to that right-of-way or easement. The privilege of a mooring permit in this category is subject to the reasonable availability of space as determined by the harbormaster. This category of mooring is not permitted in harbor waters, may not be placed in a town conservation zone, and may not be a guest mooring. All moorings in this category shall be counted toward complying with the CRMC no greater than 3:1 resident to non-resident mooring allocation requirement.
The town shall provide delineation of each such mooring area. Each such mooring area is available to members of the general public. This does not imply any right to trespass on private property.
b.
Nonriparian property owners holding a freehold estate of record within 1,000 feet of a public right-of-way to coastal waters are entitled to apply, per property, for a single mooring permit per property directly adjacent to that right-of-way. The privilege of a mooring permit in this category is subject to the reasonable availability of space as determined by the harbormaster. This category of mooring is not permitted in harbor waters, may not be placed in a town conservation zone, and may not be a guest mooring. All moorings in this category shall be counted toward complying with the CRMC no greater than 3:1 resident to non-resident mooring allocation requirement. The town shall provide delineation of each such mooring area. Each such mooring area is available to members of the general public. This does not imply any right to trespass on private property.
Class 3: General. All other applications for moorings, resident and nonresident, will be considered in the order in which they are received. Notwithstanding, when a ratio of no greater than 3:1 of resident holders of private mooring permits to non-resident holders of mooring permits (riparian and commercial permits excluded) is attained, the Jamestown Harbor Commission shall establish guidelines to maintain the ratio at that level.
All new Class 3 private moorings must be located within a mooring area or harbor waters as specified herein. Moorings outside such mooring areas that were permitted prior to the adoption of this amendment of this article by the town council on June 17, 2004, shall be renewed as long as the application therefor is made in the name of the then owner, a spouse, sibling, or children.
(d)
Mooring area siting standards. All designated mooring areas sited within the coastal waters and harbor areas of the town shall be setback as follows:
(1)
From riparian moorings and shoreline rights-of-way, a distance sufficient to allow ingress and egress and to prevent interference with the exercise of private and public rights.
(2)
Fifty feet from all residential or commercial docks, piers, floats and public launching ramps.
(3)
Public mooring areas shall be setback from federal navigation projects at least three times the U.S. Army corps of Engineers authorized project depth from federal navigational projects.
(4)
All moorings shall be prohibited in federal navigation projects.
(5)
All new and significantly expanded mooring areas shall be sited to ensure that tides and currents aid in flushing the mooring area.
(6)
All new and significantly expanded mooring areas shall be sited to avoid adverse effects on water quality.
(7)
Mooring areas shall be sited so as to not substantially interfere with designated shellfish management areas, traditional fishing grounds, public recreational areas and conservation areas.
(8)
Mooring areas shall be sited so as to not significantly affect finfish and or shellfish resources, wetlands, submerged aquatic vegetation and aquatic habitat.
(9)
Mooring areas shall be adequately serviced and pump out stations shall be accessible and operationally maintained.
(10)
The Army Corps of Engineers (ACOE) "open to all" policy supersedes any town or state regulation, policy, ordinance, or statute.
(11)
All moorings shall be located within mooring areas.
(e)
Private mooring application procedures.
(1)
New mooring or outhaul applications. Every applicant, riparian and nonriparian, for a new private mooring or outhaul permit shall submit a mooring permit waiting list application form. This form shall contain the name, mailing address, resident status, and relevant telephone numbers of the applicant and the desired location of, and point of access to, the proposed mooring or outhaul. To be placed and kept on the waiting list, applicants must, on an annual basis, renew a brief waiting list renewal application sent to the applicant by the harbor clerk and pay any waiting list fees requested. If the renewal application and fee are not received by a date set in the renewal application, a second notice will be sent; if there is no response within 30 days, the applicant will be deleted from the waiting list.
(2)
Renewal permit applications. Mooring or outhaul permits must be renewed annually. Every applicant for a private mooring or outhaul permit must show ownership of a vessel in need of a mooring, except for the guest moorings of owners of riparian property as granted in subsection 78-26(c), above. The harbor clerk shall mail renewal permit applications in December to existing individual permit holders with a return deadline of January 31. The completed application forms shall contain at least the following information: i) the name, summer and winter mailing address, [and] resident status, and relevant telephone numbers of the applicant; ii) the type of vessel and whether it is recreational or commercial; iii) the length, beam, draft, displacement, type of sanitation system, and name of the vessel; iv) a copy of the vessel's registration or documentation certificate in the name of the applicant or a person to whom the permit may be transferred under [subsection] 78-26(h)(2); v) the size, type, proof of inspection, and precise location of the existing mooring; vi) the point of access to the mooring or outhaul; vii) if applicable, the storage location of the dinghy; and viii) the date the vessel is expected to be on the mooring or outhaul. With the approval of the harbor commission and upon public notice to all applicants the harbor clerk may from time to time amend the mooring permit application.
a.
Leased vessels. An applicant may apply for a mooring based upon a lease of a vessel providing the applicant the exclusive use of the vessel for at least the period of the season. Such applicants may not permit the actual owner or another third party to use the leased vessel on a regular basis. The harbormaster is directed to regularly monitor usage of any such leased vessel to ensure compliance with this section.
(3)
General. A private mooring or outhaul permit may not be held by more than one individual or by more than one association, partnership, or corporation, or any other legal entity at a time. All applications must be accompanied by the appropriate fee and shall be received at the harbor office. No private mooring or outhaul permit shall be granted for any vessel that has another private mooring or outhaul in the harbor waters, mooring zones or coastal waters of Jamestown. Nonresident yacht clubs or other organizations applying for private moorings to be used by more than one vessel during a season must list the names of all vessels eligible to use the mooring and shall be charged an appropriately higher fee.
(f)
Commercial mooring application procedures.
(1)
New permit applications. New applications for commercial mooring permits in harbor waters must be approved by the Rhode Island Coastal Resources Management Council, the Army Corps of Engineers, and the harbor commission. They must conform to the percentage limitations for harbor waters stated in subsection 78-26(b), above.
(2)
Renewal permit applications. Commercial mooring operators who have approved permits from the Rhode Island Coastal Resources Management Council and the Army Corps of Engineers will be considered to have made renewal applications for the purposes of this article. For vessels on moorings to be leased seasonally commercial mooring operators must provide the harbor office by July 15 with the registration number, name and length of each vessel and the name of each owner. For moorings leased seasonally after July 15 they must provide the information as soon as reasonably practicable. Commercial operators shall provide inspection reports tri-annually of their existing moorings, providing the same information required in subsection 78-26(l)(3) below of inspection reports of private moorings. The inspection reports provided by commercial operators may be provided in spreadsheet format. Commercial mooring operators shall reach a mutually satisfactory arrangement with the harbor commission for the deadlines for payment of the appropriate fees.
(3)
General. Commercial moorings are prohibited in coastal waters. In harbor waters commercial mooring operators must fulfill the requirements of Section 300.4.E.l (a) and (b) of the Rhode Island Coastal Resources Management Program as they relate to the provision of sanitary facilities and parking. They must also fulfill any additional requirements of the harbor commission and this article, or any amendments thereof.
(g)
Relocation of existing permitted mooring.
(1)
All requests for relocation of existing permitted moorings must be submitted in a written request to the harbormaster. Information for such a request must meet the requirements for a mooring permit application, as well as show proof of a valid mooring permit issued for the previous or current year. The reasons for a mooring relocation must be clearly stated in the request. To be placed and kept on the relocation list, applicants must, on an annual basis, fill out a brief relocation-list renewal form and pay any waiting-list fees requested.
(2)
Action on the relocation request will be taken by the harbormaster based upon policies—written and fully available to the public—established by the harbor commission, the availability of space, the requirements of this article, and the type and size characteristics of the vessel. The harbor office shall maintain a chronological list of all applicants requesting a mooring relocation. The list shall be updated at least twice a year and shall be available to the public at all times.
(3)
Any request received by the harbormaster that is not complete shall be returned to the applicant and no action will be taken on the matter until a completed form is returned.
(h)
Occupancy; transfer.
(1)
Private mooring permits and permits for outhauls on town-owned property: occupancy. Private permit holders may not allow any vessel other than that described in the application to use the mooring or outhaul permitted for more than seven consecutive days; provided, however, that i) the harbormaster may permit the temporary use of a mooring or outhaul by another vessel upon the written request of the mooring permit holder and ii) the harbor commission, if it deems the action appropriate, may waive the restriction more generally and for a longer period. Private permit holders are prohibited from charging a fee for the temporary use of their moorings or outhaul. The harbormaster shall have the authority to move or cause to be moved any vessel violating the provisions of these regulations, at the expense and risk of the vessel owner. The vessel and/or owner of the vessel granted the temporary use of a mooring may only request the temporary use of a mooring for one season. In subsequent years, the vessel and/or vessel owner may not be the recipient of another temporary use exemption, except by order of the harbor commission.
(2)
Private mooring permits, permits for outhauls on town-owned property and wait list position transfer: No private mooring permit, outhaul space assignment or wait list position, shall be sold, assigned or transferred (unless it falls under section 78-26(m), below) except on a one time only basis to an immediate family member-limited to sibling, parent, spouse, children or grandchildren. The immediate family member to whom the permit was transferred may, under no circumstances, subsequently transfer the permit. Any assigned mooring or outhaul space given up by a permit holder reverts to the harbor commission for assignment, by the harbormaster, to the next person on the relocation or waiting list whose vessel fits the mooring or outhaul space, the appropriate mooring or outhaul class involved, and the relevant shoreside requirements.
(3)
Commercial mooring permits and permits for outhauls on town-owned property may be leased or transferred to other businesses subject to review and approval by the harbor commission. The standard for review shall be the ability of the proposed transferee to comply with all the provisions of [section] 78-26(f) as a commercial operator.
(i)
Fees. The harbor commission shall annually recommend to the town council a proposed schedule of fees as part of the annual operating and capital budget; and the town council shall establish such rates not later than November 15 each year for the following season. The commission may charge fees for all mooring permits; for dock, storage rack, outhaul, and beach permits on town-owned property; for outhauls on riparian property, and for waiting and relocation list applicants. Higher fees may be charged for nonresident and commercial moorings and for other special situations. The commission may assess late penalty fees provided these are indicated on, or enclosed with, the appropriate application forms. For billing purposes, the harbor clerk may establish informal classification codes for moorings grouped by different levels of fee.
(j)
Marking. The holder of a mooring permit shall mark the mooring buoy with the current mooring number thereto in letters no less than three inches high. After 14 days' notice of delinquency the harbormaster may fine the owner $5.00 a day for any mooring not properly marked.
(k)
Mooring specifications.
(1)
Responsibility for moorings. Although the town sets the following minimum standards for moorings and mooring inspections for all moorings in the waters of the town, owners of moorings shall be solely responsible for the safety and reliability of their moorings. Heavier tackle and more frequent inspections than the required minimum are strongly recommended in all cases. This is especially so where moorings are in exposed locations or are holding vessels of greater than average displacement.
(2)
Anchors. Mushroom anchors (in mud or soft sandy bottoms) or concrete or granite blocks shall be used for moorings in the waters of the town, unless otherwise authorized by the harbormaster or mandated by state or federal agencies. Authorization must be in writing; and the harbor office will maintain records of any mooring anchor deviations authorized in accordance with this provision.
The approximate shape of block anchors shall be square, both top and bottom, with tapered sides (trapezoidal). The block shall not be allowed to become a hazard. The link shall be of material not less than one inch in diameter and shall be securely imbedded in the block. All shackles shall be one size heavier than the chain. All shackles shall be load-rated, properly seized, and shall be forged (not cast).
(3)
Length and type of chain. Total minimum length of chain (both bottom and top) shall be determined as follows: Depth of water at mean high tide, plus five feet for storm surge, times two. Normally, a minimum of 50 percent of the total length of chain shall be heavy chain, with the remainder being light chain, as indicated in the table below. (Where appropriate, a rode of nylon may be substituted for the light chain.) A higher percentage of heavy chain is recommended in exposed areas of relatively shallow depth. Use of greater scope is strongly recommended, especially in exposed areas and where there is sufficient space for vessels to swing without endangering each other. Excessive scope, as determined by the harbormaster, will not be allowed. A lower percentage of heavy chain may be appropriate for moorings of greater scope.
(4)
Mooring float/buoy. The mooring float carrying the weight of the mooring chain (or chain and rode) must be of sufficient size and buoyancy so that at least 50 percent of it is visible above the surface of the water.
(5)
Pennants. Pennant length shall be determined as follows: take the distance from the chock to the waterline, multiply this distance by two and add the distance from the bow chock to the bow cleat. The result is the minimum pennant length.
(6)
Chafeguards. All pennant lines running through a chock or any other object where chafing may occur shall have adequate chafeguards.
(7)
[Specifications.] Minimum tackle specifications for the waters of the town.
_____ Boat
Length
(feet) Mushroom
anchor
(pounds) Block
anchor
(pounds) Bottom
Chain
(inches) Top Pennant
(inches)
Chain or Rode
(inches)
Up to 16 150 500 ½ ⅜ ⅝ ½
16 to 18 200 800 ½ ⅜ ⅝ ½
19 to 21 250 1,500 ⅝ ⅜ ⅝ ½ × 2
22 to 24 300 1,500 ⅝ ⅜ ⅝ ½ × 2
25 to 29 400 2,000 ⅝ ½ ⅝ ½ × 2
30 to 34 500 2,000 ⅝ ½ ¾ ⅝ × 2
35 to 39 600 3,000 or
2 × 1,500 ¾ ½ ¾ ¾ × 2
40 to 49 800 4,000 or
2 × 2,000 ¾ ½ ⅞ ¾ × 2
50 to 59 1,000 4,000 or
2 × 2,000 1 ½ 1 1¼ × 2
The above sizes are minimums. Use of at least one size larger for all components is strongly recommended for greater safety. On written application, the harbormaster may permit or require variances from these mooring tackle specifications in individual cases and, more generally, in specific areas, if the stated specifications seem clearly inappropriate for the area in which a mooring will be located.
_____ (8)
Elastomeric mooring tackle. The harbormaster is directed to encourage the use of mooring tackle including elastomeric members in lieu of chain where appropriate in view of the lesser scope required for such systems, with appropriate attention to be paid to the requirement of corresponding anchors to be employed.
(l)
Mooring inspections.
(1)
New moorings. All new moorings in the waters of the town shall be inspected and approved by the harbormaster or the harbormaster's designee prior to setting the mooring.
(2)
Maintenance of existing moorings. All permit holders shall be required to maintain their moorings in safe condition. Any chain, shackle, swivel, or other tackle that has become warped or has become worn by one-third its original 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 the harbormaster's designee may inspect any moorings at any time to determine compliance with this section of the ordinance. Any mooring washed ashore or having moved so as to endanger another vessel shall be inspected by the harbormaster or the harbormaster's designee before it is reset.
(3)
Schedule of inspections. All moorings shall be inspected by a qualified mooring inspector on behalf of the applicant at least once every three years and the results of such inspection certified by the inspector and reported to the harbor office by 15 June of the year of inspection. The inspection process is to be carried out using the "Guidelines for Establishing a Verified Mooring Location" procedure approved by the Jamestown Harbor Commission on February 8, 2005. This inspection shall determine compliance with the minimum mooring and tackle standards of this article. Inspections may be made either by raising the mooring or by underwater inspection. The harbor clerk shall establish a schedule for each mooring and indicate it clearly on the mooring application. The harbor clerk shall provide a form on which information pertaining to the inspection shall be provided, and such form shall be submitted by the applicant together with the application and fee. The information to be reported shall include the following: water depth, size and type of mooring buoy, adequacy of length, diameter and number of pennant(s), adequacy of chafe guard(s), type, size and number of anchor(s), length and size of bottom and top chains or top rode, number and size of shackles, the location of the anchor, and the general condition of the mooring. The location of the anchor is to be reported in decimal degrees, e.g., 41.234567 N, 71.456789 W. The inspection report shall be signed and dated by the inspector. Commercial operators may submit multiple inspection reports in spreadsheet form, but they must include all information specified above.
(4)
Compliance. Any mooring or component of a mooring reported not in compliance with this section of the ordinance shall be replaced by the owner within 30 days of such notice. Within 45 days after the noncompliance is reported a second mooring inspection must be completed to determine if the violation has been corrected. The results of this second mooring inspection shall be reported to the harbormaster. Failure to correct the violation within that period shall cause the mooring to be deemed unsafe and, as a violation of this article, shall be cause for revocation of the mooring permit and removal of the mooring from the waters of the town at the risk and expense of the mooring owner. When the harbormaster deems it necessary, for the safety of a vessel or of vessels nearby, to remove a vessel immediately from a noncomplying mooring, and the owner is unable or unwilling to do so, the harbormaster or the harbormaster's designee may remove the vessel at the owner's risk.
(5)
Costs. All costs of any mooring inspection, of any relocation of vessels as a result of noncompliance, or of any repairs or replacements required under the provisions of this article shall be the responsibility of the mooring owner.
(m)
Forfeiture of mooring space or outhaul. Any holder of a mooring or outhaul permit for a mooring located in the coastal or harbor waters, or in a mooring area of the town shall be subject to forfeiture of that permit or the right to renew the permit by reason of any the following:
(1)
Failure to comply with any of the requirements of this article.
(2)
Failure to respond to the harbormaster's and/or harbor commission's notice that i) the mooring does not comply with the mooring specifications herein set forth, or ii) that the mooring has been displaced or moved from its permitted location.
(3)
Failure to resurface, repair, or replace mooring tackle within 60 days after being advised to do so by the harbormaster.
(4)
Occupying a mooring or outhaul with the vessel permitted for that mooring for a total of fewer than 20 days during the course of a calendar year. If the vessel occupies the mooring or outhaul exclusively outside the period of the season it shall be the responsibility of the mooring or outhaul holder to establish to the satisfaction of the harbormaster or harbor commission that the mooring or outhaul has been occupied for at least 20 days.
(5)
Failure to commission a mooring or outhaul by July 1.
On written request the harbormaster may grant exceptions to clauses (3), (4), and (5), above.
No mooring, outhaul, beach permit or waitlist position will be deemed forfeited until notice of the violation has been first mailed to the holder of the permit by registered mail, return receipt requested and regular first class mail. If an appeal is not made within 30 days of the postmark of the notice, the mooring, outhaul, beach permit or waitlist position shall be considered forfeited and the harbormaster will issue an order requiring that the mooring or outhaul be removed at the owner's expense. If the owner fails to remove the mooring or outhaul within 30 days upon order of the harbormaster, the owner will be billed for the cost of the mooring or outhaul removal. If a vessel is tied to the mooring or outhaul, the vessel will be removed and stored at the owner's expense.
(n)
Implementation of changes in mooring space assignments.
(1)
All private mooring permits and applications permitted prior to initial adoption of the Harbor Management Ordinance by the town council on June 17, 2004, shall be reclassified according to the criteria established in subsection 78-26(c) (above).
(2)
All regulations concerning mooring permits and applications shall be applied on the basis of the above reclassification.
(3)
All mooring permits disallowed under this article shall be deemed permitted nonconforming moorings. Rights to such moorings and use in accordance with the ordinance and town rules and regulations may continue by the present owner only unless the mooring is surrendered or revoked.
(o)
Implementation of changes in mooring tackle requirements.
(1)
All new moorings shall meet the minimum standards.
(2)
All moorings in place shall meet the new minimum standards on the regular schedule of mooring inspections required by the harbor commission.
(p)
Outhauls.
(1)
On town property. Outhauls may be established on town property where recommended as appropriate by the harbor commission and approved by the town council. Outhauls in existence as of the adoption of this article shall be deemed conforming. Permits for the use of outhauls shall be issued by the harbor office in accordance with a waiting list. If an outhaul is not occupied for a minimum of 20 days during the course of the year the permit shall be deemed forfeited and will not be renewed. No outhaul will be deemed forfeited until notice of the violation has been first mailed to the holder of the permit by registered mail, return receipt requested and regular first class mail. If an appeal is not made within 30 days of the receipt of the notice, any vessel secured thereto will be removed and stored at the owner's expense.
(2)
On private property. Up to two outhauls may be installed per riparian property. Outhauls on private property may not exist in conjunction with a residential boating facility on the same property. CRMC reserves the right to revoke any outhaul permit that is not issued according to RICRMP. Outhauls shall be grandfathered in their current location upon annual harbormaster documentation that such outhauls have been in continuous use at such location since 2004, and, the contiguous property owner(s) agree in writing to such, however, such "grandfathering" is extinguished whenever a recreational boating facility is approved at the location.
(3)
In general. The harbormaster shall have the power to direct that outhauls deemed inadequate or unsafe be repaired or replaced. Placement of anchors for outhauls is subject to approval by the harbormaster. The outhaul cabling system for all riparian outhauls shall be removed between November 15 and April 15.
(q)
Miscellaneous. Water-borne structures and anchors not specifically addressed herein, such as but not limited to anchors for breast lines, are subject to approval of the harbormaster.
(Ord. of 6-17-2004, § 6; Ord. of 11-7-2011; Ord. of 2-21-2012, Exh. A-1; Ord. of 8-4-2014(1), § 1(Exh. A); Ord. of 2-18-2020(2), § 1(Exh. A))
Editor's note— An ordinance adopted Nov. 7, 2011, changed the title of § 78-26 from "Mooring regulations" to "Mooring and outhall regulations."
Sec. 78-27. - Regulated activities.#
(a)
General. The purpose of this section is to regulate the speed, management, and control of vessels and the use of all anchorages, moorings, and town-owned waterfront facilities within the jurisdiction of the Town of Jamestown as stated in section 78-23 and as authorized by G.L. 1956, 46-4-6.9.
(b)
Management and control of vessels.
(1)
Vessel operation. Every person operating a vessel within the waters of the town shall navigate in a careful and prudent manner, so as not to endanger the life, limb, or property of another and not to interfere with or damage other vessels or property.
(2)
Failure to stop. It shall be a violation of this article for any person to refuse to move, slow to headway speed, or stop when directed by the harbormaster or any other duly authorized enforcement officer.
(3)
Prohibited areas. No person shall operate or cause to be operated a vessel within any area marked prohibited on the harbor map, except as otherwise provided for in the article.
(c)
Vessel speed and operation.
(1)
Operators of vessels within the coastal and harbor waters of the Town of Jamestown shall comply with all state and local laws and regulations on vessel speeds and wakes that establish a maximum speed for vessels of five miles per hour, no wake (G.L. 1956, 46-22-9) in the mooring zones of harbor waters.
(2)
Vessel operation, mooring, or anchorage within 200 feet of the shore where marked on the harbor map or by buoys is prohibited, except when a vessel is directly approaching or leaving the shore, a town-approved launching ramp, or beach storage area for dinghies when the sole purpose is to begin or end such activity.
(3)
In all designated channels, fairways, and mooring zones of harbor waters, paragliding, parasailing, windsurfing, water skiing, jet skiing, tubing, knee boarding, and similar activities are limited to a five miles per hour maximum speed. In coastal waters and in the transient and conservation zones of harbor waters, the named activities are prohibited within 200 feet of the shore and within 100 feet of any vessels moored or anchored. Any person who violates these regulations, inclusive of G.L. 1956, 46-27-2, shall be subject to penalties under this article.
(4)
Seaplanes and other airborne watercraft are prohibited from surface operation within mooring zones or within 200 feet of the shore; they are prohibited from taking off or landing in the waters under town jurisdiction as stated in section 78-24 of this article.
(5)
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 town jurisdiction as defined in section 78-24 of this article.
(6)
Where significant shallow water habitat is identified, boating activities shall be restricted as necessary to decrease turbidity and physical destruction of such habitat.
(d)
Prohibited discharges.
(1)
Discharge of refuse. The discharge of any waste, refuse, garbage, plastic, chemicals, petroleum products or by-products, paint, varnish, dead animals, or any other debris or litter into the waters of the town is prohibited under this article. The town adopts G.L. 1956, 46-12-39 as part of its ordinance. Any person who violates this provision shall be subject to penalties provided by G.L. 1956, 46-12-40.
(2)
Discharge of sewage. No person shall cause or permit to pass or to be discharged into the waters of the town any untreated sewage or other waste matter or contaminant of any kind. The town shall monitor and report annually to the department of environmental management on the effectiveness of its pumpout operations.
(e)
Other activities.
(1)
Swimming, diving and fishing. Swimming, diving, or fishing off town-owned piers, floating docks, wharfs, and jetties is prohibited unless otherwise authorized and posted by the town council. Water skiing is prohibited in harbor waters and in mooring areas. Swimming and diving are prohibited in mooring areas and mooring zones more than 150 feet from shore from sunset to sunrise or in periods of impaired visibility, except in the immediate vicinity of a moored or anchored vessel, when accompanied by an escort vessel, as part of a sanctioned swimming event, or as necessary to perform service or maintenance to a vessel or mooring.
(2)
Property damage. It shall be unlawful to destroy, damage, disturb or interfere with, willfully or carelessly, any public or private property in the waters or waterfront areas of Jamestown.
(3)
Litter. Littering is prohibited on town property. Any person who violates this law shall be subject to penalties under this article as provided for by local and state law.
(f)
Abandoned vessels and structures. When, in the opinion of the harbormaster, a vessel or structure has been abandoned in the waters of the town, the harbormaster may take custody and control of such vessel and remove it, store it, or otherwise dispose of it, all at the expense and sole risk of the vessel owner. Reasonable notice of such disposal shall be publicly given. The harbormaster shall assume all of the duties and powers of the commissioner of wrecks and shipwrecked goods as delineated in the G.L. 1956, 46-10-1 to [46-10-]13.
(g)
Anchoring. Vessels shall not anchor or raft in a location that interferes with a moored vessel. The harbormaster may direct a vessel to move or relocate.
(1)
Overnight anchoring is permitted in all town waters, except conservation zones, on a space available basis. The crew may go ashore, but shall not leave the area. They shall be available to tend to the vessel in the event of heavy weather. It shall be the anchored vessel's responsibility to remain clear of all moored vessels. No vessel shall be anchored more than three days without the permission of the harbormaster. No anchoring of any kind is permitted in Conservation Zones.
(2)
Rafting. Vessels are permitted to raft on a mooring or at anchor provided that the rafted vessels do not endanger any other moored or anchored vessels and that they do not intrude into any channel or thoroughfare. Each rafted vessel must be manned at all times. Rafting is not permitted when Coast Guard small craft advisories or other severe weather warnings are in effect; rafted vessels must separate when these conditions are announced or at the request of the harbormaster.
(h)
Use of vessels as abodes. In accordance with the Rhode Island Coastal Resources Management Program, Section 300.5, houseboats or floating businesses, as defined therein, are prohibited from mooring or anchoring unless within the boundaries of a marina. Houseboats or floating businesses shall tie into fixed marina pumpout facilities. Applicants for floating businesses shall fulfill the additional Category "B" requirements of Section 300.5. Applicants for either houseboats or floating businesses shall meet all the pertinent standards given in "Recreational Boating Facilities" (Section 300.4) under standards for residential docks, piers, and floats.
(i)
Penalties; fines. Pursuant to this article and the powers granted in the enabling legislation, G.L. 1956, 46-4-6.9 and the general laws of the State of Rhode Island, a person who violates any law as stated therein shall be subject to penalties and fines as set forth in the attached appendix B, unless otherwise established by the General Laws of the State of Rhode Island. Each day a violation continues shall be deemed a separate offense subject to an additional penalty. The district court of the State of Rhode Island, or such other courts as are designated in the summons, shall have jurisdiction for the enforcement of regulated activities.
(j)
Informal procedure for the payment of boating fines.
(1)
Payment without personal appearance. The harbormaster or any other duly authorized enforcement officer who charges any person with an offense under this article, in addition to issuing a summons for the offense, may provide the offender with a form that shall allow the offender to dispose of the charge without the necessity of appearing before the district court; provided that any offender who has been guilty of a third or subsequent violation within 12 months of the first offense must appear before the court on the date specified on the summons, and may not dispose of the third or subsequent offense administratively.
(2)
Method of payment. An offender electing to dispose of the charge without personally appearing before the district, or other, court shall execute the form indicated and return it to the Jamestown police station not later than 14 days from the date of the summons either by mailing or delivering the form and summons accompanied by a check or money order in the amount indicated by the schedule of fines on the form. The fine shall be doubled if not paid within 14 days and tripled if not paid within 30 days.
(3)
Failure to answer. An individual who fails to answer within 30 days shall have waived the right to dispose of the summons without personal appearance and must appear before the district court on the date specified on the summons.
(k)
Enforcement. The primary responsibility for enforcement of regulated activities, including the issuance of summonses for violations is delegated to the harbormaster and the Jamestown Police Department. Police officers and the harbormaster of the Town of Jamestown shall have the power and authority to enforce the rules and regulations of this article and of the General Laws of the State of Rhode Island.
(Ord. of 6-17-2004, § 7; Ord. of 6-20-2011(3); Ord. of 11-7-2011; Ord. of 8-4-2014(1), § 1(Exh. A))
Sec. 78-28. - Harbor commission.#
(a)
Authority, powers, and duties. The harbor commission shall be the local advisory and regulatory body authorized by the town council to manage the coastal waters and harbor areas of the town through the implementation of the comprehensive harbor management plan and subsequent ordinances. The harbor commission shall enforce the provisions and ordinances of the harbor management plan as well as adopt additional policies, rules, and regulations for the implementation of the harbor management plan and such ordinances, subject to the approval of the town council and the Rhode Island Coastal Resources Management Council.
The harbor commission shall adopt rules of procedure and operation for its meetings and, among its powers and duties, is authorized to: (1)
Recommend to the town council the adoption of rules, regulations, fees, penalties and other amendments to the comprehensive harbor management plan and its subsequent ordinances that may be necessary to fulfill the goals and objectives of that plan and meet the requirements of its ordinances.
(2)
Recommend additional authorities and duties for the harbor staff, herein detailed, with the approval of the executive director and the town council.
(3)
Assist in the preparation of the annual budgets in accordance with the provisions of the town and this article to expend monies in the harbor funds.
(4)
Sit as a board of appeals to hear any person aggrieved by any decision, act, or failure to act of the executive director or harbor staff in the enforcement and implementation of this article, with the exception of section 78-27 of this article ("regulated activities").
(5)
Review and revise as necessary the comprehensive harbor management plan and its subsequent ordinances for the town council and the Rhode Island Coastal Resources Management Council approval. The comprehensive harbor management plan shall be reviewed and revised at least once every five years.
(6)
Prepare the harbor commission's asset inventory list (approved by the commission on 2-12-2014 and the town council on 4-7-2014). Monitor the condition of town-owned waterfront facilities generally and develop with the town engineer an annual and five-year capital maintenance, replacement and improvement plan. The plans will include maintenance, repair, and improvement of town-owned waterfront structures, such as docks, bulkheads, and boat ramps. No budget will be approved without the capital improvement plan.
(b)
Composition. The harbor commission shall consist of seven qualified electors and residents of the town, appointed by the town council, chosen from a list of interested parties maintained by the town administrator, after duly advertising the availability of these positions. To achieve diversity, preference may be given to representatives of each of the following groups:
(1)
The nonriparian recreational boating community (two persons);
(2)
Riparian property residents (harbor waters);
(3)
Riparian property residents (coastal waters);
(4)
The commercial fishing industry;
(5)
The commercial mooring operators;
(6)
A nonboating resident.
The commission shall have, among its members, representatives of both East and West Harbors.
Ex-officio member: The executive director shall be an ex-officio, nonvoting member of the commission, and shall not count as part of the quorum.
Liaisons: The town council, the conservation commission, and the planning commission may each appoint one liaison to the harbor commission. Liaisons may sit with the commission, and may participate in all discussions, but may not vote and do not count as part of the quorum.
(c)
Terms. Commission members shall be appointed for overlapping three-year terms so that approximately one-third of the membership terms will expire each year. In the event of a vacancy during a term, the town council shall appoint a new member from the same category of member, if feasible, to fill the remainder of the term.
(d)
Organization. A chair and vice-chair of the commission shall be chosen annually from the membership by vote of the commission. The chair shall be responsible for calling and conducting all meetings of the commission. In the absence of the chair, the vice-chair shall assume those responsibilities. A quorum shall be defined as four voting members.
(e)
Finances; budget. The executive director and the commission, in collaboration with the town administrator, shall be responsible for the preparation of the annual harbor operating and capital facilities budgets to be submitted to the town council for approval. All revenues from harbor operations, including but not limited to mooring, beach permits and outhaul fees and harbor management fines and penalties, shall be held in a harbor enterprise fund maintained by the town finance department. The harbor enterprise fund shall be maintained exclusively for the management and development of harbor programs and maintenance and expansion of capital infrastructure. Nonbudgetary expenditures from the harbor management account, including additional staff support, must be authorized by the executive director with agreement of the commission and must be approved by the town administrator and the town council. Annual lease revenue from the properties at East Ferry, West Ferry, and Fort Wetherill shall be held in a separate capital improvement fund and may be used to fund any waterfront facilities, structures and assets owned by the town, but not necessarily limited to those listed in the harbor commission asset inventory list. At the end of the fiscal year, unexpended harbor operating and capital budget appropriations shall be placed in a harbor and waterfront capital reserve account. The executive director and the commission, in collaboration with the town administrator, shall be responsible for the preparation of the annual harbor/waterfront capital facilities budget to be submitted to the town council for approval.
At the end of the fiscal year, unexpended harbor operating and capital budget appropriations shall be placed in a harbor and waterfront capital reserve account.
The executive director and the commission, in collaboration with the town administrator, shall be responsible for the preparation of the annual harbor/waterfront capital facilities budget to be submitted to the town council for approval.
(f)
Compensation. Commission members shall serve without pay, but may be compensated for expenses incurred in the performance of their duties.
(Ord. of 6-17-2004, § 8; Ord. of 11-7-2011; Ord. of 8-4-2014(1), § 1(Exh. A))
Sec. 78-29. - Administration.#
(a)
Executive director. An executive director may be appointed by the town council to supervise the harbor staff and to administer the provisions of this article and any additional regulations subsequently required for the implementation of the article.
(b)
Harbor administrative staff. The harbor administrative staff shall consist of a harbormaster, a harbor clerk, and additional personnel as needed who are hired on approval of the town council by the town administrator.
The responsibilities of the harbor staff under the supervision of the executive director include the following: (1)
Administering and enforcing the provisions of the harbor management plan and its ordinances;
(2)
Processing applications for the issuance of mooring permits and assigning placements of moorings in accordance with this article;
(3)
Keeping proper records of all mooring application information, including the locations of moorings, mooring owners and vessel usage of moorings, types of vessels using moorings, etc;
(4)
Preparing, keeping current, and making available a waiting list for mooring permits in accordance with the provisions of this article when the demand for available mooring permits is greater than the number of available mooring locations in any given year, and maintaining a waiting list with respect to outhauls on town property;
(5)
Keeping current and making available waiting lists for dinghy dock space and outhauls on town property operated by commercial operators;
(6)
Inspecting moorings and outhauls in accordance with the provisions of section 78-26 of this article;
(7)
Monitoring moorings and outhauls in accordance with the provisions of subsections 78-26(h), (m), and (p) of this article.
(8)
Carrying out all other powers and duties authorized to the harbormaster under various state and federal marine laws, including but not limited to marine sanitation device (MSD) inspection and discharge responsibilities afforded through the U.S. Coast Guard, MARPOL Annex V, Section 312 of the Clean Water Act, G.L. 1956, tit.[ch.] 46-22, and future laws yet to be enacted.
(9)
Any other duties specified by the harbor commission or executive director.
(c)
Conflicts of interest. All members of the harbor administrative staff shall adhere to the requirements of the Rhode Island Code of Ethics, set forth at G.L. 1956, tit. 36, ch. 14, as amended, and all regulations promulgated by the Rhode Island Ethics Commission.
(Ord. of 6-17-2004, § 9; Ord. of 11-7-2011)
Sec. 78-30. - Appeals.#
In matters other than violations of section 78-27, the harbor commission shall sit as the board of appeals to hear any person aggrieved by a decision of the executive director or the harbormaster. The aggrieved party shall file a written appeal with the harbor clerk within 30 days following the notice of the decision. Upon receipt of the appeal, the harbor clerk shall schedule a hearing at the next regularly scheduled commission meeting, with written notice given to the appellant of not less than 14 days.
The harbor commission may hear an appeal filed out of time provided the appellant demonstrates: 1)
The matter from which the appeal is taken occurred within the past 180 days; and
2)
For just reasons, failure to timely file the appeal was due to mistake, inadvertence, excusable neglect; or
3)
Would result in a substantial injustice to the appellant rights as provided for under this article.
Any party aggrieved by a decision of the harbor commission may make a final appeal to the town council. Notice of appeal shall be made in writing and filed with the town clerk within 20 days of the mailing date of the decision. The town clerk shall obtain the record of the commission's proceedings and schedule a hearing with notice to the appellant.
(Ord. of 6-17-2004, § 10)
Sec. 78-31. - Liability.#
Persons using the waters 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.
(Ord. of 6-17-2004, § 11)
Sec. 78-32. - Severability.#
If any provisions of this chapter are held invalid or inoperative, the remainder shall continue in full force and effect as though such invalid or inoperative provisions had not been made.
(Ord. of 11-7-2011)
Editor's note— An ordinance adopted Nov. 7, 2011, redesignated former §§ 78-32 and 78-33 as §§ 78-34 and 78-35.
Sec. 78-33. - Effective date.#
This chapter shall take effect upon its passage by the town council with respect to provisions that do not require approval of the coastal resource management commission.
(Ord. of 11-7-2011)
Editor's note— See editor's note to § 78-32.
Sec. 78-34. - Appendix A; specific areas within jurisdiction; state plane coordinates.#
For general mapping graphical, refer to Jamestown Harbor Management Plan Appendix A.
(See section 78-24)
*This appendix is cross-referenced in the Comprehensive Harbor Management Plan Appendix A.
(Ord. of 6-17-2004, app. A; Ord. of 11-7-2011; Ord. of 4-1-2019, § 1(Exh. A))
Editor's note— See editor's note to § 78-32.
Sec. 78-35. - Appendix B; fines schedule.#
The penalties for violations of the enumerated sections correspond to fines described. The following violations may be handled administratively through the method as prescribed in this article, provided however this list is not exclusive and jurisdiction may be conferred with regards to other violations. Town Ordinances
Statute Fine
Section 78-25 (a)(b)(c) Rights-of-way to Waters $50.00 pbm*
Section 78-26(j)(2) Anchorage restrictions: Moorings $50.00 pbm*
Section 78-27(b)(1) Vessel operation $75.00 pbm*
Section 78-27(b)(1) Excessive speed
1 to 10 mph $25.00 pbm*
11 to 15 mph $50.00 pbm*
16 to 20 mph $75.00 pbm*
21 to 25 mph $100.00 pbm*
26 plus add $5.00 per mph
Section 78-27(b)(2) Obedience to order of harbormaster or police $100.00 pbm*
Section 78-27(b)(3) Operation within prohibited area $75.00 pbm*
Section 78-27(c)(1) No wake and vessel speed in mooring zone $75.00 pbm*
Section 78-27(c)(2) Operation near a public bathing area $50.00 pbm*
Section 78-27(c)(3) Water skiing violations $50.00 pbm*
Section 78-27(c)(6) Unauthorized use of mooring $50.00 pbm*
Section 78-27(d)(1-2) Pollution, discharge, or dumping into waters $100.00 pbm*
Section 78-27(e) Prohibited use of town floats and docks $50.00 pbm*
Section 78-27(g) Anchorage restrictions: Vessels $50.00 pbm*
*Note—pay by mail. General Laws of Rhode Island
G.L. 1956, § 46-22-3 Numbers not displayed $50.00 pbm*
G.L. 1956, § 46-22-5 Required equipment $50.00 pbm*
G.L. 1956, § 46-22-8 Excessive noise $50.00 pbm*
G.L. 1956, § 46-22-9 Passing vessels (reasonable care) $50.00 pbm*
G.L. 1956, § 46-22-9.2 Flotation devices: Children $50.00 pbm*
G.L. 1956, § 46-22-9.8 Approved boating safety course $50.00 pbm*
G.L. 1956, § 46-22-22 Failure to submit an accident report $100.00 pbm*
G.L. 1956, § 46-22-24 Interference in diving area $100.00 pbm*
*Note—pay by mail
(Ord. of 6-17-2004, app. B; Ord. of 11-7-2011)
Editor's note— See editor's note to § 78-32.