The text
DIVISION 1. - GENERALLY#
Sec. 14-26. - 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:
Abode means the principal, nonwater dependent use of a structure or vessel as a dwelling or home.
Anchoring means securing a vessel temporarily to the bottom of the water column by dropping an anchor or other ground tackle from that vessel.
Boat means, for the purposes of the mooring aspects of this article, a vessel registered to occupy a specific mooring or slip within the waters of the town or to a transient vessel that may be anchored within the waters of the town from time to time.
Channel means any designated water area preserved for passage of vessels.
Commercial mooring means any mooring which is rented or leased.
Commercial vessel means any type of vessel used primarily for any type of commercial venture including, but not limited to, fishing, towage, salvage, the carrying of passengers for hire or the transport of cargo.
Fairway means any water area reserved for the unobstructed movement of a vessel to or from a channel and within the harbor.
Illegal mooring means a mooring placed in town waters without authorization of the harbormaster. A mooring and/or its tackle not properly identified (mooring # and weight) or maintained will also be classified as an illegal mooring.
Mooring means a semi-permanent single point anchorage installation. Mooring should be limited to one vessel per mooring. This does not apply to dinghy's and or tenders that are used for transportation from shore to and from the moored vessel and transients with occupants aboard.
Mooring location means a site within the town waters authorized by the harbormaster for the placement of a mooring.
Mooring permit means the license granted on an annual basis by the Tiverton Harbor and Coastal Waters Management Commission to place a mooring in the waters of the town.
Outhaul is defined as a non-single point anchoring device, for the purpose of securing a boat in tidal waters and retrieving it from shore.
Private mooring means any mooring registered to a boat owner of record and used exclusively for his recreational purposes.
Resident means any person who is an elector, real estate taxpayer or resident of the town in accordance with this Code.
Riparian moorings means the riparian owner shall be allowed a minimum of one mooring. However, riparian owners may be granted up to four moorings. These moorings may only be used by immediate family members (father, mother and their legal children). The following guidelines shall apply for each additional mooring requested: (1)
Each field of an individual single point mooring shall equal a circular area with a 50-foot diameter or the length of the vessel plus three times the water depth, whichever is greater. The harbor commission reserves the right to amend this definition, as situation(s) dictate.
(2)
Single-point mooring areas shall be contained within a ten-foot setback from and within the applicant riparian lines and far enough offshore to keep noise disturbance to others within reasonable limits.
(3)
Riparian mooring owners are subject to all relevant mooring regulations.
Riparian owner means the owner of land located on the bank or shore of a natural watercourse, lake or tidewater.
Riparian rights means the rights associated with coastal waterfront property ownership regarding access to tidal waters.
T.H.C.W.M.C. means Tiverton Harbor and Coastal Waters Management Commission; also known as the commission.
Transient anchorage means any area reserved for the exclusive short term use of commercial and recreational vessels and any vessels seeking shelter.
Transient mooring means a mooring reserved and designated by a commercial mooring operator or the town for short-term use (no more than seven consecutive days) by a person who does not usually lease or maintain a mooring within the town waters.
Vessel means watercraft, other than a seaplane, used or capable of being used as a means of transportation on water.
(Code 1967, § 13-9; Ord. of 12-14-09; Ord. of 8-22-11, § 4; Ord. of 1-28-13(1))
Cross reference— Definitions generally, § 1-2.
Secs. 14-27—14-40. - Reserved.#
DIVISION 2. - HARBORMASTER#
Footnotes:
--- (2) --- Cross reference— Officers and employees, § 2-41 et seq.
Sec. 14-41. - Responsibilities; authority.#
The harbormaster will be viewed as the enforcement arm of the T.H.C.W.M.C. and will act to enforce decisions made by the commission and report to the commission at each monthly meeting.
(Code 1967, § 13-71)
Sec. 14-42. - Appointment; compensation.#
The harbormaster is a salaried, year round, and council annually appointed position. Recommendations for harbormaster shall be submitted to the council by October of each year by the T.H.C.W.M.C. When a new harbormaster is to be appointed selection process shall comply with the provisions of the town Charter concerning the hiring of municipal employees. The chairman or a member of the commission, as designated by the chairman of the harbor commission, shall be invited to the harbormaster interview. After the personnel board has chosen their top three applicants, the commission shall make a written recommendation with appropriate commentary designed to assist the town council with their choice for harbormaster. The harbormaster is responsible for implementing and enforcing T.H.C.W.M.C.'s decisions and policies. Salary for the harbormaster shall be part of the annual budget request for the harbormaster's office. The term of the harbormaster appointment shall be on a calendar year from January 1 to December 31. The town administrator is required to solicit on an annual basis a review from the harbor commission concerning the current harbormaster before the town council re-appoints him/her to the position.
(Code 1967, § 13-7-2; Ord. of 3-13-00; Ord. of 12-14-09; Ord. of 8-22-11, § 4; Ord. of 1-28-13(1))
Sec. 14-43. - Enforcement authority; responsibilities.#
The harbormaster shall have the authority to enforce the Tiverton Harbor and Coastal Waters Management Plan Articles, regulations and decisions of the T.H.C.W.M.C. and any laws/ordinances passed by the council, the state and the U.S. government consistent with the authority contained under such ordinances and laws. He will be expected to develop good working relationships with other town departments and promote community goodwill and boating safety with other neighboring cities and towns. He is responsible for the inspection and maintenance of all equipment used by his staff. Further, the harbormaster is responsible for all recordkeeping and cash handling in accordance with federal, state and town procedures.
(Code 1967, § 13-7-3; Ord. of 8-22-11, § 4)
Sec. 14-44. - Additional duties.#
The harbormaster shall supervise the activity of an assistant harbormaster as well as others which he may recruit to assist him. He will assist the T.H.C.W.M.C. in the development of new water related facilities and advise concerning the effective overall management of the coastal waters of the town. The harbormaster will prepare an annual budget for his staff and equipment to be reviewed by the commission at least two months prior to discussions with the budget committee of the town.
(Code 1967, § 13-7-4)
Sec. 14-45. - Patrol boat operator qualification review.#
The town's harbor patrol boat will not be used by anyone without the operator first meeting the following qualifications. Also the operator must show competency to the harbormaster at the harbormaster's convenience. Any trainees (harbor patrol, fire, or police department) must be in the presence of the harbormaster or his approved designee while at the helm. Fire department personnel that have been approved can operate the vessel alone. (1)
All trainees must satisfactorily, to the harbormaster or his designee, demonstrate the following abilities:
a.
Knowledge of Tiverton Harbor Management Plan and Municipal Code;
b.
Ability to handle stressful situations;
c.
Get underway;
d.
Approach vessels and objects;
e.
Operate under normal conditions;
f.
Radio communications including security (SAY-CURE-IT-TAY);
g.
Dock vessel;
h.
Secure and make fast;
i.
Complete reports and logs;
j.
Tow with a Hauser and also from the hip (setup lines for proper towing);
k.
Be able to direct and stop boaters and write citations without feeling intimidation;
l.
Ability to use S.T.A.R. (stop, think, act, review) to assess every situation.
(2)
The following certifications are required:
a.
Rhode Island Boating Safety Training at the minimum (not from an on-line course);
b.
C.P.R.;
c.
First aid.
(3)
The following certifications are encouraged but not required:
a.
U.S.C.G. Masters or O.U.P.V. 6-pack;
b.
U.S.C.G. Towing Endorsement;
c.
A.E.D.;
d.
O2 Administration;
e.
E.M.T.;
f.
Paramedic;
g.
Hazmat;
h.
S.C.U.B.A.
(Ord. of 8-22-11, § 4)
Sec. 14-46. - Pump-out boat operator qualification review.#
The town's pump-out boat will not be used by anyone without the operator first meeting the following qualifications. Also, the operator must show competency to the harbormaster at the harbormaster's convenience. Any trainees must be in the presence of the harbormaster or his approved designee while at the helm. (1)
All trainees must satisfactorily, to the harbormaster or his designee, demonstrate the following abilities:
a.
Ability to handle stressful situations;
b.
Get underway;
c.
Approach vessels and objects;
d.
Operate under normal conditions;
e.
Dock vessel;
f.
Secure and make fast;
g.
Complete reports and logs;
h.
Ability to use S.T.A.R. (stop, think, act, review) to assess every situation.
(2)
The following certifications are required:
a.
Rhode Island Boating Safety Training at the minimum (not from an on-line course);
b.
C.P.R.;
c.
First aid.
(Ord. of 1-28-13(1))
Secs. 14-47—14-60. - Reserved.#
DIVISION 3. - TIVERTON HARBOR AND COASTAL WATERS MANAGEMENT COMMISSION#
Footnotes:
--- (3) --- Charter reference— Tiverton harbor and coastal waters management commission, § 1008.
Cross reference— Boards, commissions and committees, § 2-56 et seq.
Sec. 14-61. - Creation; scope of responsibility and authority.#
There is hereby created a harbor and coastal waters management commission. The commission has the responsibility and the authority to make recommendations to the council, and other local boards and commissions as may be appropriate, on all issues relating to the planning and management of the coastal waters of the town. These shall include, but not necessarily be limited to, fees, operating budgets, staffing limits, coastal area construction and development projects and regulation. The commission shall also, with the approval of the council, have the authority to adopt any additional regulations which may be necessary to fulfill the goals of this article.
(Code 1967, § 13-6-1)
Sec. 14-62. - Composition; primary duty.#
The T.H.C.W.M.C. shall consist of nine members, appointed by the council, chosen from a list of interested parties maintained by the town clerk after duly publicizing the availability of these positions. One of the members shall be a member of the planning board. The commission shall examine the state of the waters of the town and make recommendations so that this article can manage them into the future.
(Code 1967, § 13-6-2; Ord. of 1-28-13(1); Ord. of 12-13-21(1))
Sec. 14-63. - Representation of area interests.#
In addition to the member of the planning board, in appointing the remaining seats, the town council shall give preference to representation by the following special interests: recreational boaters, recreational fishermen, commercial fishermen, riparian property owners, and conservationists.
(Code 1967, § 13-6-3; Ord. of 1-28-13(1); Ord. of 12-13-21(1))
Sec. 14-64. - Terms; vacancies; meetings.#
Commission members shall be appointed for overlapping two-year terms so that four members will be replaced one year and five the following year. In the event of resignation during a term, the council shall appoint a new member of the same interest group to fill the remainder of the term. A chairperson, vice-chairperson and secretary shall be elected by the members of the commission. The commission shall meet at the request of the chairperson, council or harbormaster.
(Code 1967, § 13-6-4)
Sec. 14-65. - Sitting as board of appeals; appeal procedure.#
The commission, with council approval, shall sit as the board of appeals to hear the appeal of any person aggrieved by any decision, act or failure to act of the harbormaster or any member of the staff of the harbormaster department, except those violations requiring immediate adjudication at the state level, such as, but not limited to, speeding. Application to have the commission hold a hearing regarding an appeal must be made within 30 days of the matter which precipitated the appeal. An appeal to the council regarding a decision by the commission must be made within 20 days of the commission decision. All applications for appeals must be made to the town clerk.
(Code 1967, § 13-6-5)
Sec. 14-66. - Public hearings.#
The commission shall also conduct public hearings on proposed changes to this article or rules and regulations.
(Code 1967, § 13-6-6)
Sec. 14-67. - Functions and goals.#
The commission shall: (1)
Manage the waters of the town by establishing regulations that balance the diverse uses of the waters and waterfront and minimize user conflicts.
(2)
Maintain and improve public access to the waters of the town.
(3)
Remain consistent with the goals and regulations of the state coastal resources management program, the state department of environmental management and the United States Army Corps of Engineers.
(4)
Maintain compliance with the town comprehensive plan.
(5)
Provide a mechanism to ensure the funding of administrative and operational costs of this article is provided by user fees shared by the town, private and commercial mooring owners, and other groups of individuals as may be identified by the commission.
Nothing in this section is intended to abridge the rights of riparian owners.
(Code 1967, § 13-8)
Sec. 14-68. - Areas under article jurisdiction.#
The waters of the town included under the jurisdiction of this article are those waters on the easterly side of Mount Hope Bay and the Sakonnet River contained within the following boundaries: (1)
Northern boundary. Rhode Island/Massachusetts state line, which follows a line running approximately NNW/SSE from the Warren/Swansea border, across Mt. Hope Bay to the Tiverton/Fall River border.
(2)
Easterly boundary. The MHW line of the shoreline of the town, extending from the Rhode Island/Massachusetts border in a SSW direction and terminating at the town/Little Compton town line.
(3)
Southern boundary. An extension of the town/Little Compton town line in a westerly direction to a midpoint in the Sakonnet River between the MHW lines of the town and Portsmouth.
(4)
Western boundary. A line following the mid-point in the Sakonnet River between the MHW lines of the town and the nearest opposite shore from the southerly boundary, north to the intersection of this line with the Fall River shipping channel and then following the eastern edge of the channel north to its intersection with the Rhode Island/Massachusetts state line.
(Code 1967, § 13-10)
Sec. 14-69. - Transmission of opinions on areas of jurisdiction.#
(a)
The commission, upon receipt of all public notices of applications before the Coastal Resources Management Council which affect the area under the jurisdiction of the Tiverton Harbor Management Plan shall immediately forward a copy of the notice to the building official, planning board, zoning board, conservation commission and council with the request that they review the application and immediately transmit their opinion to the Coastal Resources Management Council within the time period provided for such comment.
(b)
The building official, planning board and zoning board of review shall notify the commission of all applications before them which might affect areas under the jurisdiction of the approved harbor management plan and request input from the commission as to these applications.
Secs. 14-70—14-100. - Reserved.#
DIVISION 4. - MOORINGS#
Subdivision I. - In General#
Sec. 14-101. - Assignment authority.#
Mooring locations are assigned by the town. The authority to assign moorings and to create this division derives from the state coastal resources management commission and the council. Responsibility for the assignment of mooring locations and the issuance of permits to place mooring tackle lies with the commission and is carried out in their behalf by the harbormaster. Mooring assignments are a privilege/property right that can only be revoked by the Harbormaster only after due process.
(Code 1967, § 13-11-1; Ord. of 12-14-09; Ord. of 8-22-11, § 4)
Sec. 14-102. - Initial application for location.#
Initial applications for a mooring location may be obtained on-line, or from the clerk's office, and from the harbormaster. Locations for such new applications will be assigned as space becomes available and is decided by the harbormaster. A waiting list of applicants for mooring locations is kept on file in Town Hall and may be viewed by anyone during Town Hall office hours. The list shall contain the date of initial application.
(Code 1967, § 13-11-2; Ord. of 8-22-11, § 4)
Sec. 14-103. - Renewal of existing permits.#
The harbormaster will send out renewal forms by January 3rd annually. Renewal forms may be sent out electronically. The holder of a current permit to place ground tackle may renew that permit by submitting a renewal to the harbormaster at the office of the town clerk, Town Hall or by U.S. mail. All requests are time-stamped by the town staff as they are received with the appropriate user-fee payment made out to the town. Renewals must be received no later than May 1st of each year. The nonreceipt, by May 1st of a renewal application for a given mooring location shall be construed to free that location for reassignment.
(Code 1967, § 13-11-3; Ord. of 3-13-00; Ord. of 8-22-11, § 4; Ord. No. 2025-0009, 5-12-25)
Sec. 14-104. - Federal and state-assigned locations.#
Mooring locations previously assigned by federal or state authority will be honored if permits are renewed annually as described in section 14-103. Documentation of the federal or state assignment of a mooring location must be on file in the town mooring records.
(Code 1967, § 13-11-4)
Sec. 14-105. - Mooring list; annual update; appeals.#
The mooring list is updated annually by May 1 of each year. Decisions of the harbormaster may be appealed to the commission. Applicants for such an appeal must request the placement of their name on the agenda for the next available monthly meeting of the commission. Any such appeal shall be filed with the town clerk within 30 days of the decision's having been made public.
(Code 1967, § 13-11-5)
Sec. 14-106. - Contents of application for mooring locations.#
Applications for mooring locations should contain the following information: (1)
Name, address and telephone numbers, and email addresses, if available, of the applicant.
(2)
Name of vessel, type, color, LOA, displacement beam draft, registration number/documentation.
(3)
Type and weight of mooring, chain and other tackle.
(4)
Name of individual and/or company placing and inspecting the ground tackle (if owner, so indicate).
(5)
Type of head, if any, on board.
(6)
Access to mooring (nonriparian owners must provide a document from the owner of shore property being used for access to the mooring). Authorized local access and a legal parking area is required.
(7)
Priority of applicant according to the schedule set forth in section 14-107.
(Code 1967, § 13-11-6; Ord. of 12-14-09; Ord. of 8-22-11, § 4)
Sec. 14-107. - Priority of mooring location assignments.#
The system for mooring assignments' priority shall be as follows: (1)
Owner of riparian right—mooring abuts frontage .....exempt
(2)
Town resident commercial vessel mooring .....6 points
(3)
Town resident recreational vessel mooring .....5 points
(4)
Town resident with commercial rental mooring .....4 points
(5)
Town resident, supplemental mooring (family) .....3 points
(6)
Nonresident commercial vessel mooring .....2 points
(7)
Nonresident recreational vessel mooring .....1 point
It is the town's objective to ensure that non-residents of Tiverton have access to moorings within the Town of Tiverton. To achieve this objective the town will commit to achieve the CRMC recommended 3:1 ratio of resident to non-resident moorings. This objective may supersede the current point system.
(Code 1967, § 13-11-7; Ord. of 1-28-13(1))
Sec. 14-108. - Applications for private moorings; required contents.#
Applications for private moorings must include evidence of ownership or lease of the vessel to be moored. Further, a state license or federal documentation papers must be on file for each vessel. Only the indicated vessel may be moored on the designated tackle. As is customary in this region, short term exceptions to this rule may be arranged with the harbormaster on a case-by-case basis. Private moorings which are rented to vessels other than that for which they are designated will be regarded as commercial moorings, subject to all fees and limitations that are placed on such moorings in town waters. Such moorings may be removed as needed to restore the balance of commercial/private moorings. This ratio is set at three commercial moorings to every ten privately owned moorings per mooring area. Privately owned moorings improperly converted to commercial use may be removed by the harbormaster.
(Code 1967, § 13-11-8)
Sec. 14-109. - Mooring floats.#
Mooring floats shall indicate the mooring number and weight of the anchor. Commercial moorings will contain the mooring number only. Letters will be four inches or greater.
(Code 1967, § 13-11-9; Ord. of 8-22-11, § 4)
Sec. 14-110. - Mooring specifications.#
No mooring shall be composed of discarded cement. The scope of chain and the size of chain shall be consonant with the standards set forth in Chapman's text on seamanship. Otherwise, the responsibility for the correct mooring-to-vessel match regarding mooring weight and tackle and for the integrity of the mooring lines belongs primarily to the mooring owner and, as to matters strictly within the confines or purview of the vessel, to its owner. The commission recommends that any cement moorings be of a type certified as made specifically for saltwater marine moorings and that mooring weight be a foremost consideration so as to offset the possible loss of appropriate scope in crowded locations. At the option of the harbormaster, the tackle owner may be required to use two moorings in tandem in order to diminish swinging room.
(Code 1967, § 13-11-10)
Sec. 14-111. - Commercial moorings.#
Commercial moorings are owned by businesses or clubs and are intended for leasing to transient or seasonal renters, or in the case of boatyards, for vessels awaiting repair. The owner of the commercial mooring may charge a currently required user fee for boats utilizing this tackle. All operators of commercial moorings must comply with all state regulations concerning provision of parking for cars and sanitary facilities as well as pump-out stations.
(Code 1967, § 13-11-11)
Sec. 14-112. - Commercial mooring operators.#
Commercial mooring operators are responsible for obtaining mooring permits using the methods described in this division. All rules and deadlines that apply to private moorings also apply for commercial mooring purposes. The mooring owner is at all times responsible for a seamanlike match of displacement and length over all (LOA) to tackle specifications. Applications for new commercial moorings must be made through the harbormaster using the procedures described in this division.
(Code 1967, § 13-11-12)
Sec. 14-113. - Relocation of mooring ground tackle.#
Relocation of mooring ground tackle will be permitted. A mooring permit holder who desires a new location for ground tackle shall file an application in accordance with the procedures described in this division. Reasons for requesting a move of tackle must be specified. Priority will be given to such moves in the annual reassignment. Such reassignment of moorings will be limited only by space availability. The harbormaster may also make mooring reassignments as necessary in order to carry out mooring policy and procedures.
(Code 1967, § 13-11-13)
Sec. 14-114. - Illegal moorings.#
Illegal moorings will be tagged by the harbormaster. It is the owner's responsibility to contact the harbormaster and to repair or remove the mooring. If the mooring is properly labeled then the harbormaster will try to contact the owner first by telephone and then by mail using the information provided on the renewal or application. If after 60 days the owner has not been identified or defects not been corrected a private contractor will note the GPS coordinates of the mooring and remove the float from the chain dropping the chain to the bottom. The float will then be turned over to the harbormaster with the GPS coordinates of the remaining tackle. If the owner is not identified and all fees not paid by May 1 of the following year the private contractor shall have the float and shall retrieve the remaining tackle, within 30 days of notification, as that mooring will be listed as abandoned. Please note that it is the owner's responsibility to retrieve the dropped chain, using the original contractor and paying normal contractor rates, and not the responsibility of the town or harbormaster as the mooring was illegal. The GPS location of the removed mooring and tackle will then be offered to the next person on the waiting list.
(Code 1967, § 13-11-14; Ord. of 12-14-09; Ord. of 8-22-11, § 4)
Sec. 14-115. - Transfer of permits.#
(a)
At such time as an existing mooring becomes available for sale, the owner shall notify the harbormaster and provide proof of inspection within the last year. The harbormaster shall assign the space to the person next on the waiting list whose boat fits the mooring. The mooring owner may then sell the mooring gear in its location to this person; or remove the mooring within ten days at the mooring owner's expense.
(b)
Notwithstanding the above provision, a private mooring may transfer to an immediate family member (brother, sister, mother, father, spouse, children and grandchildren) upon written notice to the harbormaster which shall include the name and address change. Such transfers shall be strictly limited to a one-time basis to those individuals holding a valid permit on the date that the CRMC approves the Town of Tiverton Harbor Management Plan and Town Ordinances. No immediate family member to whom a private mooring is transferred shall then be allowed to transfer that private mooring under any circumstance. Thereafter, all private moorings that are forfeited by or not renewed by a holder of a valid mooring permit shall be made available to individuals on the waiting list. This does not apply to riparian moorings.
(Code 1967, § 13-11-15; Ord. of 8-22-11, § 4; Ord. of 1-28-13(1))
Editor's note— Ord. adopted Jan. 28, 2013, amended § 14-115 and in doing so changed the title from transferal of permits to read as herein set out.
Sec. 14-116. - Authorized mooring contractors.#
A list of town authorized mooring contractors will be kept and updated by the harbormaster and will be available to all mooring holders upon request. To be on this list the contractor must have a $1,000,000.00 insurance binder for the Town of Tiverton. The contractor must also agree to abide the towns rules and regulations. After service or installation of a mooring the contractor must send all information regarding the mooring to the harbormaster. Minimum information to send if available is as follow: (1)
Mooring number;
(2)
Inspection date: ___________;
(3)
Name of inspector and/or company;
(4)
Address of inspector;
(5)
Mooring owner name;
(6)
Mooring owner address;
(7)
Mooring owner home phone;
(8)
Mooring owner emergency number;
(9)
GPS position;
(10)
Overall mooring condition;
(11)
Mooring anchor condition;
(12)
Mooring anchor weight type;
(13)
Lower chain condition;
(14)
Lower chain size and length;
(15)
Upper chain condition;
(16)
Upper chain size and length;
(17)
Float and pennant condition;
(18)
Float and pennant size and length;
(19)
Shackles/swivels/top gear;
(20)
Shackles/swivels/top gear size and quantity.
(Ord. of 8-22-11, § 4)
Sec. 14-117. - Outhauls/pulleys.#
Outhauls are subject to regulatory jurisdiction of the harbormaster. The town authorizes the harbormaster to administer an annual permit for an outhaul as long as it meets the following requirements: (1)
Except as provided below, an outhaul(s) is/are to be permitted to the contiguous waterfront property owner; and,
(2)
Up to two outhauls many be allowed per waterfront property; and,
(3)
Outhauls are not permitted on properties which contain a recreational boating facility; and,
(4)
That permits are issued only consistent with the RICRMP, including the provisions of [RICRMP Section] 300.18; and,
(5)
The town acknowledges that the CRMC retains the authority to revoke any permits issued by the town if it finds that such permit conflicts with the RICRMP; and,
(6)
From November 15 to April 15, when a boat is not being secured by the device on an annual basis, the outhaul cabling system shall be removed; and
(7)
Outhauls may 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.
(Ord. of 1-28-13(1))
Sec. 14-118. - Mooring area and restrictions.#
The harbormaster will ensure that all moorings remain within their assigned mooring areas. Moorings that have migrated outside their assigned area will be moved, at the owner's expense, to within its designated mooring area. The harbormaster will ensure that all mooring holders have a registered or documented vessel associated with their mooring. The vessel must be in the mooring holder or an immediate family member's name. If no vessel is associated with the mooring then the mooring owner will be required to give up their mooring location to the next person on the waiting list.
(Ord. of 1-28-13(1))
Secs. 14-119—14-130. - Reserved.#
Subdivision II. - Water Zones#
Sec. 14-131. - Purpose of division.#
The waters of the town shall be divided into zones for the purposes of managing the activities that occur in and on those waters.
(Code 1967, § 13-12-1)
Sec. 14-132. - Mooring zones; generally.#
(a)
Basis of location. Mooring zones are those waters of the town authorized for the placement of vessel moorings. Where possible, mooring zones shall not be located closer than 100 feet from the MHW along the shoreline and they shall be limited based upon the following:
(1)
The state department of environmental management water quality criteria, implementing the Interstate Shellfish Sanitation Conference formula.
(2)
The Coastal Resource Management Program, water type classifications.
(3)
The input of the citizens of the town.
(4)
The availability of parking and access.
(b)
Support data for determining the number of boats to be permitted in zones. Support data shall be as follows:
(1)
The DEM Division of Water Resources has indicated that when determining the allowable number of boats in the Tiverton Basin and north to the Rhode Island/Massachusetts state line, all of the SB and SC waters can be included in the volume portion of the I.S.S.C. formula. This is a large volume of water, most of which is not suitable for the mooring of recreational or small commercial fishing boats. Therefore, when determining the appropriate number of boats allowed within a specified mooring area in the waters of the town, in order to ensure compliance with water quality guidelines, only the actual amount of water area included in the mooring zone was used in the I.S.S.C. formula.
(2)
For the purposes of this article, all boat limits given in this section include those boats owned by riparian property owners, except where noted.
(3)
It is the intent of this article to ensure that the number of boats in any of the mooring zones located south of the Stone Bridge remain below the levels authorized in order to permit the direct harvesting of shellfish. Should the number of boats ever exceed this criteria, the commission will immediately instruct the harbormaster to reduce the number of moorings in the impacted area to the level required to maintain safe shellfishing.
(Code 1967, § 13-12-2(A), (B))
Sec. 14-133. - Description of zones.#
The following is a description of the water zones: (1)
Zone C. This is the Commercial area from the Mass./R.I. State Line (N41° 40.500') heading south to (N41° 40.000') and approximately 150 feet from the MHW line of the Sakonnet River heading west to approximately 600 feet from the MHW line. This area is designated Industrial Waterfront and Commercial Navigation Channel type 6 by CRMC. This area is DEM Estuary Water Quality Standards Category SB waters and also Estuary Water Quality Assessment category 5 waters. Commercial moorings limited to 20 in this area. The size of this zone is 2,461,140 square feet or 56.5 acres and approximately 1.5 miles long.
(Note: Petroleum-carrying vessels or barges shall use a floating oil barrier when anchored or moored in town waters.)
(2)
Zone N. This is the north area from the south end of Zone C (N41° 40.000') heading south to (N41° 39.250') and approximately 150 feet from the NHW line west to 400 feet from MHW line. This area is designated Industrial Waterfront and Commercial Navigation Channel type 6 by CRMC. This area is DEM Estuary Water Quality Standards Category SB waters and also Estuary Water Quality Assessment category 5 waters. The zone is predominately an area of residential waterfront homes. In order to maintain privacy of the homeowners and to provide a safe distance between boats this area, a limit of 75 moorings, excluding riparian moorings is established. The size of this zone is 3,698,244 square feet or 84.9 acres and approximately 2.2 miles long.
(3)
Zone NS. This is the north/southern end area starts south of the Starwoods dock (N41° 39.100) and runs south to (N41° 38.355), which is approximately 100 feet from the north side of the old railroad bridge abutment and 100 feet from the MHW line of the Sakonnet River heading west to approximately 400 feet from the MHW line. This area is designated Commercial and Recreational Harbor Type 5 by CRMC. This area is DEM Estuary Water Quality Standards Category SB waters and also Estuary Water Quality Assessment category 5 waters. This zone is predominately an area of residential waterfront homes. This area has a limit of 40 moorings excluding riparian moorings. The size of this zone is 1,515,888 square feet or 34.8 acres and approximately 1.8 miles long.
(4)
Zone TB. This area is divided into four areas, TB/N — North, TB/SA — South of Anthony Point, TB/SS — South of Standish Marina, TB/SE-South End, and are known as "Tiverton Basin" area of the Sakonnet River. These areas are set to have access fairways between them. The westerly boundary is the edge of the navigation channel. The northern limit is south of the Sakonnet River bridge at approximately (N41° 32.260), and the southern limit is a line approximately 50 feet north of the "Old Stone Bridge" foundation. This area is designated High Intensity Boating type 6 by CRMC. This area is DEM Estuary Water Quality Standards Category SB waters and also Estuary Water Quality Assessment category 2 waters. This area is limited to 158 moorings including riparian moorings. The total size of this zone is approximately 1,818,630 square feet or approximately 44.9 acres and approximately 2.1 miles long. The individual areas are listed below:
TB/N 274,428 square feet 6.3 acres approximately .4 miles long
TB/SA 1,171,764 square feet 26.9 acres approximately .9 miles long
TB/SS 357,192 Square feet 8.2 acres approximately .3 miles long
TB/SE 152,460 square feet 3.5 acres approximately .5 miles long
(5)
Zone NN. This area, "Nanaquaket Neck", is the area on the west side of Nanaquaket Neck with a north line at approximately (N41° 37.108) running east west to approximately 100 feet from the MHW line on the east side of the Sakonnet River, south to an east west line at approximately (41° 35.925). The western boundary is a line within the north south parameter out to approximately 500 feet from the MHW line on the east side of the Sakonnet River. This area is designated conservation area type 1 by CRMC. This area is DEM Estuary Water Quality Standards Category SA waters and also Estuary Water Quality Assessment category 2 waters. The zone is predominately an area of residential waterfront homes. In order to maintain privacy of the homeowners and to maintain water quality in this area, a limit of 50 moorings, excluding riparian moorings is established. All applicants must demonstrate access, parking, and dinghy storage for this area. The size of this zone is 8,102,160 square feet or 186 acres and approximately 3.7 miles long.
(6)
Zone P. This area, "Nanaquaket Pond", is divided into two areas, P/E-Pond Eastern half of Nanaquaket Pond, P/W-Pond Western third of Nanaquaket Pond, with a 200-foot fairway down the center running northwest to southeast. The P/E starts at the Nanaquaket bridge abutment (N41° 37.045) to Lawrence Court (41° 36.400) is limited to 34 moorings. The P/W area runs along the western shore and is mainly used by riparian property owners, and is limited to 20 moorings. This area is designated conservation area type 1 by CRMC. This area is DEM Estuary Water Quality Standards Category SA waters and also Estuary Water Quality Assessment category 1 waters. The waters of Nanaquaket Pond offers the only substantially protected mooring area in the town and are also an important source for shellfishing activities. Because of the sensitive environmental nature of Zone P and substantial land support areas, this zone shall be limited to riparian owned moorings and applicants demonstrating access and off street parking. Dingy storage shall not be on town or state property without permit. The Nanaquaket Pond area is used as a harbor of refuge, a shellfish area, and for other water related recreational activities. The total size of this zone is approximately 4,229,676 square feet or approximately 44.9 acres and approximately 2.1 miles long. The individual areas are listed below:
TB/N 3,449,952 square feet 79.2 acres approximately 1.2 miles long
TB/SA 779,724 square feet 17.9 acres approximately 1.6 miles long
(7)
Zone S. The Seapowet area is a rectangle north of Seapowet Point and South of Jacks Island. This area is used by riparian mooring holders and is limited to 15 moorings. This area is low intensity boating and shellfish area and designated conservation area type 1 by CRMC. This area is DEM Estuary Water Quality Standards Category SA waters and also Estuary Water Quality Assessment category 2 waters. The size of this zone is 2,073,456 square feet or 47.6 acres and approximately 1.1 miles long.
(8)
Zone FN. The Fogland Beach North/Wilcox Hill area is a rectangle with the north end running east west (N41° 36.670) between 100 feet and 600 feet from the east side of the Sakonnet River. Then south to an east west line (N41° 33.800). This area is low intensity boating and shellfish area and designated Conservation area type 1 by CRMC. This area is DEM Estuary Water Quality Standards Category SA waters and also Estuary Water Quality Assessment category 2 waters. It is located relatively close to one of the access points to moorings in Tiverton. Because of the high water quality of the zone it will be limited to 52 moorings, excluding riparian mooring owners. It should also be noted that occasionally this area experiences rough weather and moorings placed in this area should be gauged appropriately. All applicants must demonstrate access, parking, and dinghy storage for this area. The size of this zone is 11,064,240 square feet or 254 acres and approximately 2.8 miles long.
(9)
Zone FS. The Fogland Beach South/High Hill area is bound north by an east west line just north of the Fogland Boat Ramp and running south between 100 feet and 500 feet of the east side of the Sakonnet River to a point just north of the Tiverton-Little Compton line (41° 32.825). Because of the high water quality of the zone it will be limited to 25 moorings, excluding riparian mooring owners. It should also be noted that occasionally this area experiences rough weather and moorings placed in this area should be gauged appropriately. All applicants must demonstrate access, parking, and dinghy storage for this area. The size of this zone is 2,609,244 square feet or 59.9 acres and approximately 1.5 miles long.
(10)
Conservation zones. Conservation zones are those waters exclusively designated for the protection of water quality, wildlife, and plant habitat values. Moorings and fixed structures are prohibited except in the case of riparian owners whose property is adjacent to the conservation zone.
(11)
Grinnell's Beach Zone. This zone consist of those waters on the south side of the old Stone Bridge abutment, following MHW line south to the Nannaquaket Bridge and extend out into the Sakonnet River to the eastern edge of the navigation channel. The area contains a town beach and state shellfishing management area. No moorings are to be in this zone other than those of riparian owners.
(12)
Commercial zone. This zone in north Tiverton should be used for commercial fisheries, commercial shipping, boat repair, port facilities, and other commercial water dependant activities. Moorings in this area should only be available to commercial applicants and riparian owners.
(Code 1967, § 13-12-2(C)—(N); Ord. of 8-22-11, § 4)
Secs. 14-134—14-150. - Reserved.#
Subdivision III. - Transient Anchorage and Dockage#
Sec. 14-151. - Permitted; limitations.#
Transient anchorage is permitted in all the waters of the town, except navigation channels and fairways, on a space-available basis and for up to 48 hours. The consent of the harbormaster is required for visits in excess of 48 hours. Anchored vessels may not be left unattended. The owner, operator, crew and/or guests shall be available to tend to the vessel in the event of heavy weather. If anchored in a mooring zone, it shall be the vessel captain's responsibility to remain clear of all moored vessels.
(Code 1967, § 13-13-1)
Sec. 14-152. - Designation of dockage space.#
In accordance with the town harbor and coastal waters management plan, dockage space for transient boats may be designated by the commission should a town dock be developed. Rules and regulations for such dockage may be established by the commission.
(Code 1967, § 13-13-2)
Secs. 14-153—14-170. - Reserved.#
Subdivision IV. - Mooring Placement/Occupation#
Sec. 14-171. - Approval required; removal.#
No mooring shall be placed in the waters of the town without approval. Illegal moorings will be removed as per section 14-114 of this Code.
(Code 1967, § 13-14-1)
Sec. 14-172. - Extension into designated fairway.#
No vessel moored or anchored shall extend into a designated fairway.
(Code 1967, § 13-14-2)
Sec. 14-173. - Occupation of private mooring.#
No boat shall occupy a private mooring other than the one for which it is registered. The harbormaster may permit the temporary use of a mooring by another boat upon application by the registered permitholder.
(Code 1967, § 13-14-3)
Sec. 14-174. - Mooring inspection.#
(a)
Every permitholder is expected to maintain his mooring tackle in safe condition. Failure to maintain a safe mooring shall be cause for revocation of the mooring permit.
(b)
All moorings should be inspected on a bi-annual basis. Bi-annual inspections must be performed by a qualified commercial authority on the Town of Tiverton's mooring contractors list. Inspections shall be on a year corresponding with the odd/even number of the year and the mooring number.
(Code 1967, § 13-14-4; Ord. of 8-22-11, § 4)
Sec. 14-175. - Mooring numbering.#
Each mooring in the waters of the town will be assigned a number by the harbormaster or his designee. The number will be displayed in contrasting color in two places on each mooring buoy or pickup float in block letters at least three inches in height. Weight of ground tackle will be indicated on the float or ball.
(Code 1967, § 13-14-5; Ord. of 8-22-11, § 4)
Sec. 14-176. - Mooring fees.#
(a)
Fees, to accompany application for a mooring permit, are to be established by the council upon recommendation of the commission. Such fees are required to be submitted with the applications for the mooring permit issuance or renewal. No mooring shall be placed in the waters of the town without approval. Illegal moorings will be removed as per section 14-114 of this Code.
(b)
The commission shall annually recommend separate fees for resident and nonresident users of recreational and commercial moorings. It is the intent of this article that funds derived from these fees defray the expenses budgeted by the town for the operation of the harbormaster and the commission. Additional funds made available by the state for operation of the harbor are proposed by the state vessel licensing procedure.
(c)
All fees and state funds shall be directed to the town's general fund and allocations shall be made through the budget process of the town.
(Code 1967, § 13-14-6; Ord. of 8-22-11, § 4)
Sec. 14-177. - Minimum mooring specifications (steel anchors).#
The following are mushroom anchor and tackle specifications deemed to be the minimum recommended for holding in the town's mooring areas. Exceeding these minimum values is always recommended. For concrete note the holding power is inferior to a mushroom, because of this take the concrete weight and divide by eight to find its steel equivalent weight. Boat Length
(in feet) Anchor Weight
(in pounds) Chain Diameter
(in inches) Pennant Size
(in inches)
Under 16 75 ⅜ ½
16—19 150 ⅜ ½
20—22 200 ½ ⅝
23—25 250 ½ ⅝
26—30 300 ½ ¾
31—35 400 ⅝ ¾
36—40 500 ¾ ⅞
41—50 600 ¾ 1
51—65 750 1 1¼
Boats greater than 65 feet in length shall comply with the harbormaster's directions.
(Code 1967, § 13-14-7; Ord. of 12-14-09; Ord. of 8-22-11, § 4)
Secs. 14-178—14-190. - Reserved.#
Subdivision V. - Other Regulated Activities#
Sec. 14-191. - Vessel speed.#
No vessel shall operate within designated mooring areas, designated area north of the Tiverton Basin, and the Tiverton Basin at a speed which may cause a wash or wake likely to cause property damage or endanger people. In no event shall any boat exceed the speed limit of five statuate miles per hour in any of the mooring areas listed in this section.
(Code 1967, § 13-15-1; Ord. of 8-22-11, § 4)
Sec. 14-192. - Skiing, paragliding, surfboarding, wind-surfing, jet skis.#
No person shall operate or manipulate any vessel, tow rope or other device by which the direction or location of water skis, surfboard or similar device or any person thereon is deemed to be at risk to collide with or strike against any object or person. Under no circumstances will waterskiing, paragliding or jet skiing be permitted in any mooring area or within 300 feet of the town beaches.
(Ord. of 1-28-13(1))
Sec. 14-193. - Swimming.#
Diving and/or swimming off all bridges is prohibited. Swimming in all channels, fairways, and within mooring areas is prohibited. The area west of Seapowet and Fogland Points present dangerous swimming conditions.
(Ord. of 1-28-13(1))
Sec. 14-194. - Discharge of refuse.#
It shall be a violation of this article to willfully discharge any refuse or waste matter, petroleum product or byproduct, paint, varnish, chemicals, dead animals, dead fish or other debris into harbor waters. Rhode Island is a NO DISCHARGE state.
(Code 1967, § 13-15-4; Ord. of 8-22-11, § 4)
Cross reference— Solid waste management, ch. 66.
Sec. 14-195. - Marine toilet and sewage discharge.#
Discharge of sewage or other contaminants from marine toilets or land-based outlets is prohibited in town and all Rhode Island waters. In order to provide an acceptable method of sewage disposal from vessels, all commercial boatyards and marinas with five or more slips or moorings, or combination thereof, will have in place an effective and functional method of pumping out sewage stored on vessels. A plan for such a facility must be on file in the town hall and be in compliance with all current state regulations for such facilities. Fines for illegal sewage disposal into town waters will be established by the council and enforced by the town police department with the assistance of the harbormaster's staff. Periodic inspections of pump-out facilities will be conducted by the harbormaster's staff and faults shall be repaired within 14 days of a citation. (1)
The town may provide a pump-out vessel for mooring holders and transient boaters. Transient boaters and mooring holders will be charged the state maximum fee allowed for this service. Persons occupying commercial moorings may elect to use this service as a transient boater and pay the appropriate fee. If a town pump-out vessel is provided, the service will be approximately six to 12 hours a week weather permitting.
(Ord. of 1-28-13(1))
Cross reference— Solid waste management, ch. 66.
Sec. 14-196. - Abandoned vessels.#
When, in the opinion of the harbormaster, a vessel 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 G.L. 1956, §§ 46-10-1—46-10-13.
(Code 1967, § 13-15-6)
Cross reference— Junked, abandoned and inoperable vehicles, § 38-26 et seq.
Sec. 14-197. - Lines, rigging and halyards.#
Any unattended vessel at anchor or moored within the waters of the town shall have all lines, rigging and halyards secured according to sound seamanship practices so as to avoid coming loose and/or creating a noisy disturbance under ordinary circumstances.
(Code 1967, § 13-15-7)
Sec. 14-198. - Town boating facilities.#
Upon the establishment of a town boat ramp, dock or other public boating facility, this article authorizes the commission to establish rules, regulations and fees for the use of such facilities with the approval of the council and in compliance with appropriate state and federal law.
(Code 1967, § 13-15-8)
Sec. 14-199. - Special events.#
The commission, with the approval of the council, may authorize, in accordance with all appropriate state and federal guidelines, certain special events, such as swimming races, regattas or other marine and maritime activities, that may from time to time be held on or in the waters under the jurisdiction of the town.
(Code 1967, § 13-15-9)
Sec. 14-200. - Shallow water activities.#
Wherever significant water habitats are identified by the council or commission, the harbormaster will restrict activities within that area to protect its fragile shallow water habitat.
(Ord. of 1-28-13(1))