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Footnotes:
--- (7) --- State Law reference— Waters and navigation, G.L. 1956, title 46; regulation of boats, G.L. 1956, § 46-22-1 et seq.; local regulation of boats, G.L. 1956, § 46-22-14, superseded by special regulatory powers for the Town of Narragansett, G.L. 1956, § 46-4-6.8.
Sec. 82-161. - Vessel speed.#
(a)
The operation of any vessel within the tidal waters of the town shall proceed in a manner which protects all persons and property from damage caused by waves, wakes, and operation. Operators of vessels within the coastal waters and harbor waters of the town shall comply with federal, state and local regulations on vessel speed and wake.
(b)
No vessel shall operate in a reckless or careless manner, which shall include, but not be limited to, wave and wake jumping, or operating at high speeds within close proximity to docks or other vessels, or that causes wake or wash potentially dangerous to persons or damaging property.
(1)
Federal navigation channels: Vessels speed shall not exceed five miles per hour in any federal navigation channel located within the town land points, and for any federal navigation channel located within the waters within Point Judith Pond in the town.
(2)
Navigation fairways: Vessels speed shall not exceed five miles per hour nor create more than minimal wake in any navigation fairway as established and described in this section.
(3)
Mooring-navigation fairways: Vessels speed shall not exceed steerageway in any mooring fairway, as determined by the harbormaster.
(4)
Mooring fields: Vessel speed shall not exceed steerageway, nor create wake in any designated mooring area or anchorage as established and described in this section.
(5)
No vessel shall be operated in excess of steerageway in Point Judith Pond north of Pine Tree Point.
(6)
No vessel shall operate at a speed in excess of five miles per hour or create a wake in the entrance to or within the harbor at Point Judith between a line running east to west drawn across the breachway from the end of the east wall in a westerly direction to the end of Jerusalem and a line drawn across Point Judith Harbor running east to west from the most western end of Little Comfort Island to the west end of Jerusalem shore.
(7)
No vessel shall operate at a speed in excess of five miles per hour or create a wake in the area east of the Great Island Bridge to a point approximately 1,200 feet to the northeast.
(8)
No vessel shall operate at a speed (as posted) greater than five miles per hour or create a wake in the following areas of the Narrow River:
a.
At Middle Bridge and from Beach Avenue to the lake;
b.
From the Dunes Club Tennis Court to where the Narrow River turns east;
c.
From the State Boat Ramp in South Kingstown north to the end of Conanicus Road.
d.
From 100 feet east of Sprague Bridge to 300 feet to the west.
(Ch. 1054, § 1, 8-20-2018)
State Law reference— Reckless operation of boats, G.L. 1956, § 46-22-9.
Sec. 82-162. - Vessel operations.#
Vessels used alone or engaged in activities including, but not limited to, water skiing, jetskiing, paragliding, sailboarding, surfboarding and other similar uses that involve the use of a vessel moving in excess of five miles per hour shall not be allowed within 200 feet of any designated swimming area, mooring area, anchorage area, shore side facility, right-of-way ingress and egress points, launching ramp, federal navigation channels, navigation fairways, small unpowered vessels vulnerable to swamping or tipping due to wakes (i.e., canoes, kayaks, etc.). Vessels used in these manners are allowed within 200 feet of shore side facilities when the sole purpose is to begin or end such activity. (1)
No vessel operating upon the tidal waters of this town shall pass closer than 200 feet of an outer marker of a public bathing area on the shores of this town. Public safety vessels, emergency vessels are exempt from this subsection.
(2)
No person shall operate any vessel in a reckless or negligent manner so as to endanger the life, safety or property of oneself or another. No vessel shall operate within 50 feet of any fixed object in the water unless the vessel is utilizing the fixed object for a permitted use.
(3)
The Inland Navigation Rules and Regulations shall apply in all of the tidal waters of the town. Any violation of the Inland Rules and Regulations shall be considered as negligent operation of a vessel.
(4)
Water skiing is prohibited in all swimming, mooring, and anchorage areas, and for an area 200 feet from the perimeter of these activities.
(5)
No person shall operate a personal watercraft between the hours of one-half hour after sunset and one-half hour before sunrise.
(6)
All vessels must meet the existing standards for muffling devices as stated in G.L. 1956, § 46-22-8.
(7)
Boating activities should be limited in shallow-water habitat to decrease turbidity and physical destruction of such habitat.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-163. - Navigation fairways.#
The following fairways are hereby designated within the following parameters, to be forwarded to the CRMC for U.S. Coast Guard establishment. (1)
Can #33 at head end of Point Judith Pond up to the shoreline at Route #1.
(2)
Ramp approach at South Ferry.
(3)
Ramp approach at Bonnet Shores.
(4)
Ramp approach at Mettatuxet Yacht Club.
(5)
Ramp at Long Cove.
(6)
Dock at Harbor Island.
(7)
Dock at Briggs Farm Estate.
(8)
Ramps at Great Island.
(9)
Ramps at Galilee.
(10)
Ramp at Breakwater Village.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-164. - Obstruction of channels, fairways and berthing space.#
No vessel, fixed, or floating structure 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 the jurisdiction of the town, as detailed in section 82-103.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-165. - Swimming.#
Swimming is prohibited in all navigation channels, mooring areas and fairways. Swimming and/or diving off of all bridges is prohibited.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-166. - Fishing.#
Fishing and shellfishing is prohibited in all federal navigation channels and navigation fairways. The placement of lobster and eel pots, pot floats and fish nets is also prohibited in all federal navigation channels, navigation fairways and mooring fields.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-167. - Use of vessels as abodes.#
In accordance with the Rhode Island Coastal Resources Management Program, section 300.5, houseboats or floating businesses are prohibited from mooring or anchoring, unless within the boundaries of a marina.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-168. - Marine toilets and sewage discharge.#
No person shall operate a marine toilet at any time so as to cause or permit to pass or to be discharged into harbor waters any untreated sewage or other waste matter or contaminant of any kind. The town shall ensure that all pumpouts, whether land-based or on a vessel, are maintained, accessible, and operational at all times.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-169. - Marine debris.#
The discharge of any waste, garbage, refuse, petroleum product or byproduct, paint, varnish, dead animals, fish, or any other debris into the waters is prohibited under this article.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-170. - Towing and moving of vessels.#
If any vessel berthed, moored or anchored in the tidal waters of the town is found to be in direct violation of any provision of this article, the harbormaster is authorized to move, relocate or tow such vessel. In addition to any fine for such violation, a fee of $100.00 shall be collected from the vessel owner for such harbormaster action.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-171. - Rafting.#
Vessels may raft on a single mooring during daylight hours when such activity does not interfere with the proper functioning of adjacent moorings or vessel anchorages. Vessels at raft shall be manned at all times, and be prepared to get underway if conditions so require. It shall be the responsibility of the owner of the mooring permit to determine that the load on the mooring tackle does not constitute a potential hazard.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-172. - Abandoned vessels and structures.#
(a)
Upon determination by the harbormaster, the harbormaster may take custody and control of abandoned vessels and structures located in the tidal waters of the town and remove, store or otherwise dispose of such vessel or structure at the expense and sole risk of the owner of the abandoned vessel or structure. Reasonable notice of 30 days shall be given by certified letter to the address on record of the owner, of such removal, storage or disposal, and shall also be publicly advertised. If any abandoned vessel or structure presents a hazard to navigation, the harbormaster may have it removed before it is publicly advertised or reasonable notice is given. The owner is responsible for all expenses incurred in either case.
(b)
The harbormaster shall assume all of the duties and powers of the commissioner of wrecks and shipwrecked goods, as detailed in the G.L. 1956, §§ 46-10-1—46-10-13.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-173. - Boat standards.#
Every vessel entering the tidal waters of the town shall be equipped as required by G.L. 1956, § 46-22-1 et seq., and all similar federal laws, rules and regulations. Consistent with G.L. 1956, § 46-22-1 et seq., the harbormaster as the agent for the town, shall have the authority to enforce all provisions of G.L. 1956, § 46-22-1 et seq.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-174. - Derelict vessels or manmade marine debris.#
No derelict vessel or manmade marine debris, shall be allowed in or upon the waters or shores of the town. A vessel or manmade marine debris of any kind whatsoever, in a badly deteriorated condition or which is likely to damage private or public property or which might become a hazard to navigation, shall not be permitted to moor, anchor or dock in the waters under the jurisdiction of the town. Any vessel or manmade marine debris which is or might become a hazard to navigation may be ordered moved by the harbormaster.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-175. - Special events.#
The harbormaster, with approval from the town manager, may authorize in accordance with all appropriate state and federal guidelines, certain special events, such as swimming races, regattas, marine parades, or other marine and maritime activities that may from time to time be held on or in the coastal waters and harbor areas under the jurisdiction of the town.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-176. - Powerboat and sailboat competition.#
(a)
No competitive races or similar events shall be held upon the coastal waters of the town without the submission of a written proposal to the harbormaster, which will be submitted for final approval from the town manager.
(b)
Race courses set for both practice and competition shall be laid out so as to avoid the crossing of a channel, fairway or launching ramp access.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-177. - Rights-of-way to the water.#
(a)
No person shall block barricade or in any way impede the public use of or access to designated public rights-of-way to the water as defined by the coastal resources management council or the town.
(b)
No person shall store a vessel, vehicle, or structure on a designated public right-of-way to the water as defined by the coastal resources management council or the town except by written permission of the harbormaster when regulated and allowed by law.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-178. - Transient anchoring and anchorages.#
A vessel may anchor on its own anchor in the tidal waters of the town except in federal navigation channels, navigation fairways, mooring fields, swimming areas, rights-of-way ingress and egress areas, and launching ramp areas. A vessel may not anchor for a period greater than 72 hours. Anchored vessels may be left unattended: the crew may go ashore, but shall not leave the general area. They shall be available to tend to the vessel in the event of heavy weather. It shall be the vessel owner's and/or operator's responsibility to remain clear of all moored vessels, and other structures.
(Ch. 1054, § 1, 8-20-2018)
Sec. 82-179. - Failure to stop.#
It shall be a violation of this article for any person to refuse to move or stop on oral command or order of the harbormaster or assistant harbormasters operating in his official capacity, and exercising the duties lawfully assigned to him.
(Ch. 1054, § 1, 8-20-2018)