The text
Footnotes:
--- (1) --- Editor's note— An ordinance adopted Oct. 9, 1990, amended Ch. 10 of the Code by adding provisions designated as Arts. I—VIII, §§ 10-1—10-34, which provisions have been rearranged herein by the editor for purposes of classification. Prior to amendment, Ch. 10 pertained to similar subject matter and derived from the 1967 Code, §§ 15-1—15-5, Ord. of Mar. 11, 1975; Ord. of Nov. 12, 1985(2); Ord. of Mar. 16, 1988; and Ord. of June 19, 1990.
Cross reference— Administration, Ch. 2; swimming and bathing restricted, § 13-11; parks and recreation, Ch. 14.
State Law reference— Harbors and harbor lines, G.L. 1956, § 46-4-1 et seq.
ARTICLE I. - IN GENERAL#
Sec. 10-1. - Goals.#
[The goals of this chapter shall be to:] (1)
Manage the waters of the town as described herein, by establishing regulations that balance the diverse uses of the waters and waterfront and minimize user conflicts.
(2)
Provide a mechanism to ensure the administrative and operational costs of this chapter and the Harbor Management Plan are shared by the town, private and commercial mooring owners, and any other groups or individuals as may be identified by the harbor management commission.
(3)
Maintain and improve public access to the waters of the town for the benefit of all user groups.
(4)
Remain consistent with the goals and regulations of the Rhode Island Coastal Resources Management Program, the Rhode Island Department of Environmental Management, and the United States Army Corps of Engineers.
(5)
Maintain compliance with the Warren Community Comprehensive Plan.
(Ord. No. 10-9-90(a), Art. I, §§ 10-1—10-5)
Sec. 10-2. - Definitions.#
[For the purposes of this chapter, the following words, terms and phrases shall have the meanings herein ascribed to them:]
Anchoring shall mean the principal, nonwater dependent use of a structure or vessel as a dwelling or home.
Channel shall mean any water areas reserved for unobstructed movement of vessels.
Commercial mooring shall mean the rental or lease of a mooring or the use of a mooring to conduct business.
Fairway shall mean any locally designated and/or maintained water areas reserved for unobstructed movement of vessels.
Harbor management committee shall mean the body established in accordance with this chapter to carry out the provisions of this chapter and the responsibilities associated with the management of the harbor management plan.
Harbormaster shall refer to that person appointed by the town council at the recommendation of the harbor management commission.
Launching ramp shall mean any manmade or natural facility used for the launching and retrieval of boats.
Marina shall include any dock, pier, wharf, floating businesses, or combination of facilities that service five (5) or more recreational boats as a commercial enterprise or in association with a club.
Mean high water (MHW) shall mean the average height of high water over the 18.6-year metonic period.
Moor shall mean to permanently secure a vessel to the bottom of a waterbody by the use of mooring tackle.
Mooring shall refer to that location duly permitted by the town and registered to the applicant.
Mooring assignment committee shall consist of the harbor master and harbor management commission.
Mooring tackle shall mean the hardware used to secure a vessel at a mooring and which is kept in place seasonally.
Nonresident shall mean any individual, business, or corporation which does not meet the definition of "resident."
Nonwater dependent use shall refer to those activities which are not dependent upon waterfront for continued use, e.g., restaurants, residential development.
Nonwater related use shall refer to those activities which are in no way dependent upon or even related to the waterfront for their continued use.
Outhaul: (pulley system): Anything more than a one (1) point mooring system.
Person shall include individuals, corporations, societies, associations and partnerships.
Qualified inspector shall mean any person or business approved as an inspector of tackle by the mooring assignment committee.
Recreational boating facility shall include marinas, launching ramps, residential boating facilities, recreational wharves, piers and slips, floats or floating docks, and recreational mooring areas.
Resident shall refer to any full-time inhabitant, taxpayer or nonprofit organization of the town.
Restricted area shall mean those waters within the jurisdiction of the town which shall be designated as restricted from mooring or anchoring on the attached chart.
Right-of-way shall mean an obstructed path or corridor from a public thoroughfare or facility leading to or along the waters of the town and shoreline areas below the mean high water mark.
Town right-of-way shall mean a parcel of land over which the public has a right to access tidal waters.
Vessel shall mean every description of watercraft, other than a seaplane on water, used or capable of being used as a means of transportation on water. Specifically excluded by this definition are floating homes.
(Ord. No. 10-9-90(a), Art. II; Amend. of 5-9-2000; Amend. of 8-8-2006, § 1)
Sec. 10-3. - Areas under jurisdiction.#
The waters of the town included under the jurisdiction of this chapter are those waters within the jurisdiction of the town's jurisdiction of the Warren River, Mount Hope Bay, Palmer River/Belcher Cove and a line bisecting the Kickemuit River.
(Ord. No. 10-9-90(a), Art. III, § 10-6)
Sec. 10-4. - Violations; penalty.#
Unless otherwise specified, any violations of this chapter shall be penalized with a fine of one hundred dollars ($100.00) for any one (1) offense. Each day in violation shall be considered a separate repeat offense and subject to separate citations.
(Ord. No. 10-9-90(a), Art. VI, § 10-32; Ord. of 9-14-2021(1))
Sec. 10-5. - 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. No. 10-9-90(a), Art. VII, § 10-33)
Sec. 10-6. - 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. No. 10-9-90(a), Art. VIII, § 10-34)
Secs. 10-7—10-20. - Reserved.#
ARTICLE II. - HARBOR REGULATIONS#
Footnotes:
--- (2) --- Cross reference— Licenses and business regulations, Ch. 11.
Sec. 10-21. - Vessel speed.#
The operation of any vessel within the waters of the town shall proceed in a manner which protects all persons and property from wake. Operators of boats within these waters shall comply with the state regulations on wake and boat speed which established a maximum speed for boats at five (5) miles per hour, no wake.
(Ord. No. 10-9-90(a), Art. IV, § 10-7)
State Law reference— Similar provisions, G.L. 1956, § 46-22-9.
Sec. 10-22. - Obstruction of channels, fairways, and berthing space; restriction for operation in shallow waters.#
No vessel shall be moored or anchored so as to interfere with the free and unobstructed use of the channels, fairways or berthing spaces within the area designated in section 10-3 of this chapter.
No vessel shall be operated in areas where significant shallow water habitat is identified in a manner that could cause physical destruction of such habitat.
(Ord. No. 10-9-90(a), Art. IV, § 10-8; Ord. of 12-14-2021)
Sec. 10-23. - Swimming, towing of persons.#
(a)
Swimming is prohibited in all designated channels and fairways and mooring fields.
(b)
Towing of persons on water skis, surfboards or similar device is prohibited within any mooring field.
(Ord. No. 10-9-90(a), Art. IV, § 10-9; Amend. of 8-8-2006, § 1; Ord. of 12-14-2021)
Sec. 10-24. - Fishing.#
Fishing from vessels and shellfishing is prohibited in all designated channels and fairways. The placement of pot floats and fish nets is prohibited in all designated channels and fairways.
(Ord. No. 10-9-90(a), Art. IV, § 10-10)
Sec. 10-25. - Use of vessel as abode.#
Houseboats or floating businesses are prohibited from mooring or anchoring unless within the boundaries of a marina. Houseboats and floating businesses shall tie into marina or port holding-tank pumpout facilities where available.
(Ord. No. 10-9-90(a), Art. IV, § 10-11)
Sec. 10-26. - Discharge of refuse.#
It shall be a violation of this chapter to wilfully discharge any refuse or waste matter, petroleum product or by-product, paint, varnish, dead animals, fish, bait or debris into the waters of the town.
(Ord. No. 10-9-90(a), Art. IV, § 10-12)
Sec. 10-27. - Marine toilets.#
(a)
No person shall operate a marine toilet at any time so as to 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.
(b)
Information regarding pump-out services shall be provided by the harbormaster's office.
(c)
All mooring areas shall be adequately serviced by accessible and operational pump-out facilities, which shall be maintained and kept in working order by the harbormaster's office.
(Ord. No. 10-9-90(a), Art. IV, § 10-13; Amend. of 8-8-2006, § 1; Ord. of 12-14-2021)
Sec. 10-28. - Abandoned vessels or harbor structures.#
No person shall deposit or abandon a vessel or structure upon a beach, a public right-of-way or in the waters of the town. Any person violating this section shall be subject to a fine in accordance with the provisions of section 10-4. When any vessel or structure is deposited or abandoned in the waters of the town, the harbor master is authorized and empowered to remove the same or cause the same to be removed. (1)
Notice of removal of vessel or harbor structure. If the person who owns, has an interest in, or exercises any control over the vessel or structure, or otherwise is known, the harbor master shall give written notice by certified mail to said person to remove the vessel or structure within a specified time.
(2)
Removal of vessel or harbor structure. If the vessel or structure is not removed within the time specified in the notice and in a manner and to a place satisfactory to the harbor master, or if no such person is known to the harbor master upon whom the notice can be served, the harbor master may proceed to remove, or cause the vessel or structure to be removed, in a manner and to a place the harbor master shall deem best.
(3)
Liability. The owner or such other person of a vessel or structure removed by the harbor master in accordance with this chapter, shall be liable to pay the cost and expenses of the removal and storage, or to repay the same when paid by the town. The expenses may be recovered in an action brought by the town solicitor against the owner(s). If the owner(s) are unknown or the vessel or structure is unclaimed within ninety (90) days of the removal, the town may sell the vessel or structure. The proceeds from the sale shall be used to defray the costs of the town incurred in the removal and storage of the vessel or structure, and in the administration of this chapter.
(Ord. No. 10-9-90(a), Art. IV, § 10-14)
Sec. 10-29. - Towing.#
Anytime the harbor master directs that a vessel be towed pursuant to this chapter or any rules and regulations of the town council, there shall be a fee for said towing. Such fee shall be set annually by the town council.
(Ord. No. 10-9-90(a), Art. IV, § 10-15)
Sec. 10-30. - Rafting.#
Rafting on a single mooring will only be allowed if it does not interfere with adjacent single moorings or anchorages. Boats in a raft shall be manned at all times.
(Ord. No. 10-9-90(a), Art. IV, § 10-16)
Sec. 10-31. - Requirements and standards.#
The operation of any vessel within the waters of the town shall be subject to all applicable state laws and regulations, including, but not limited to, the Rhode Island Department of Environmental Management requirements and standards for boats and associated equipment as amended from time to time.
(Ord. of 9-14-2021(2))
Secs. 10-32—10-40. - Reserved.#
ARTICLE III. - MOORING REGULATIONS#
Footnotes:
--- (3) --- Cross reference— Licenses and business regulations, Ch. 11.
Sec. 10-41. - Placement of private and commercial moorings.#
(a)
It shall be a violation of this chapter to place any mooring in the waters of the town without a permit from the harbormaster. No vessel moored or anchored shall extend beyond any mooring field area into any designated channels, fairways, turning basins or transient anchorages.
(b)
Mooring areas shall not be established, nor any vessel moored or anchored, so as to interfere with the free and unobstructed use of channels, fairways or shoreline facilities within the town's waters.
(c)
All boats shall be located within the perimeters of each mooring field.
(d)
No moorings shall be placed which would allow the vessel upon said mooring to come within fifty (50) feet of any shore side structure. All docks adjacent to or within mooring fields will maintain a fifty-foot radius around them in which no moorings can be established.
(e)
All moorings shall be set back at least twenty-five (25) feet from the fairway and public rights-of-way.
(f)
No moorings or anchorages are permitted in designated areas adjacent to public rights-of-ways.
(g)
No mooring shall obstruct access to designated shellfish areas, traditional fishing grounds, recreational areas and conservation areas.
(h)
No mooring shall adversely affect fish and shellfish resources, wetlands, submerged aquatic vegetation and other aquatic habitat areas and ensure that tides and currents aid in the flushing of all new and significantly expanding mooring areas.
(Ord. No. 10-9-90(a), Art. V, § 10-17; Amend. of 8-8-2006, § 1; Ord. of 12-14-2021)
Sec. 10-42. - Moorings records.#
(a)
The harbor master shall keep a detailed record of each mooring, its location and the owner's name, home address and business and home telephone numbers, date of application, name of boat, boat length, beam and draft, type of boat and type of head and holding tank to be attached thereto.
(b)
The harbor master shall maintain in a public place a waiting list for mooring space and a list for assignment of mooring space and both lists shall be updated annually.
(c)
Applications for all moorings shall be renewed annually.
(Ord. No. 10-9-90(a), Art. V, § 10-18)
Sec. 10-43. - Allocation of moorings.#
(a)
As of April 30 of each year, the harbormaster shall determine the number of moorings available for new mooring space as the sum of all authorized mooring spaces for which acceptable applications for renewal were not received.
(b)
Only one (1) mooring permit may be issued to an individual other than a commercial user.
(c)
Consideration shall be given to water quality concerns, parking, boating safety and public access when determining the total number of mooring permits to be issued.
(d)
Once a mooring permit has been authorized by the harbormaster, the mooring tackle shall be installed within fifteen (15) days of the permit's approval.
(Ord. No. 10-9-90(a), Art. V, § 10-19; Amend. of 3-11-2003)
Sec. 10-44. - Original application for mooring permit.#
Applications shall be made on mooring application forms provided by the harbormaster's office and shall be filed with the harbormaster's office. No mooring shall be located or maintained unless the owner has obtained a current mooring permit.
(Ord. No. 10-9-90(a), Art. V, § 10-20; Amend. of 3-11-2003)
Sec. 10-45. - Mooring permit waiting list.#
A waiting list will be established and maintained by the harbormaster's office. The waiting list will be determined by the date in which all applications have been received. (1)
Once a mooring location becomes available the harbormaster shall notify the next appropriate individual on the waiting.
(2)
Once notified, the applicant must apply for the new permit within fifteen (15) days.
(3)
Individuals on the waiting list are required to renew their applications each year. An annual waiting list renewal fee of ten dollars ($10.00) will be required. Individuals failing to renew their application will be removed from the waiting list.
(4)
Mooring permits shall be permitted at no greater than a 3:1 resident to nonresident.
(Ord. No. 10-9-90(a), Art. V, § 10-21; Amend. of 7-13-2000; Amend. of 3-11-2003; Amend. of 8-8-2006, § 1; Ord. of 5-10-2022)
Sec. 10-46. - Mooring permits valid for one year only.#
Mooring permits are valid for a period not to exceed one (1) year unless renewed as referenced in this chapter.
(Ord. No. 10-9-90(a), Art. V, § 10-22)
Sec. 10-47. - Application for mooring permits and renewals.#
(a)
Applications for residential, nonresidential and commercial mooring permits can be made at any time. An application fee of twenty-five dollars ($25.00) shall be required for all applications. Applicants must own a boat except for commercial.
(b)
The harbormaster's office shall mail all mooring permit renewals on or before January 15. All mooring renewals must be received by March 15 of each calendar year and include a copy of the boat's current registration. Failing to submit a completed mooring permit renewal, copy of the boat's current registration and an appropriate fee will not be accepted. A twenty-five dollar ($25.00) late fee will be applied after March 15.
(c)
Valid mooring permits shall expire on April 15 of each calendar year. Failing to renew an existing mooring permit by April 15 shall result in the registered owner's abandonment of all rights and interests in said mooring(s).
(d)
A permit holder may renew his mooring permit without a boat for no more than one (1) boating season with written notification to the harbormaster's office by the permit renewal deadline.
(e)
It shall be the responsibility of the mooring owner to notify the harbormaster's office of any changes in address, boat size or any other information required in the mooring permit renewal.
(f)
Upon receipt of the fully completed renewal application and fee, the harbormaster's office shall forward to the permit holder two (2) mooring stickers for the year. One (1) shall be affixed to the mooring buoy so that it is visible at all times, and one (1) shall be affixed to the stern of the vessel for which the mooring permit was issued.
(g)
All requests for relocating a mooring must be made to the harbormaster's office. Information for such a request shall meet all the requirements as a new mooring application including proof of inspection.
(Ord. No. 10-9-90(a), Art. V, § 10-23; Amend. of 3-11-2003; Amend. of 1-12-2010)
Sec. 10-48. - Mooring permit fees.#
Mooring permit fees shall be determined by the town council based on the recommendation of the harbor commission. (1)
Annual fees for vessels twenty-five (25) feet in length. Additional five dollars ($5.00) per foot for vessels over twenty-five (25) feet. Note: The following fees are recommended by the harbor commission:
Private residential
2003-2004 .....$75.00
2004-2005 .....100.00
2005-2006 .....125.00
2006-2007 .....150.00
2007-2008 .....175.00
Private nonresidential
2003-2004 .....$175.00
2004-2005 .....200.00
2005-2006 .....225.00
2006-2007 .....250.00
2007-2008 .....275.00
Commercial (current commercial fees are $125.00)
2003-2004 .....$250.00
2004-2005 .....275.00
2005-2006 .....300.00
2006-2007 .....325.00
2007-2008 .....350.00
(2)
Mooring application fee shall be twenty-five dollars ($25.00).
(3)
Waiting list renewal fee shall be ten dollars ($10.00) each calendar year.
(4)
Current residential mooring permit holders having more than one (1) mooring will have the additional moorings assessed at the nonresidential rate.
Upon approval of a mooring permit, the full mooring fee shall be due. Residents of the Town Warren and Barrington shall pay residential fees in the Warren River.
(Ord. No. 10-9-90(a), Art. V, § 10-24; Ord. of 7-14-92; Amend. of 3-11-2003)
Sec. 10-49. - Transfer of moorings.#
(a)
Except as specified below, no mooring permits, either residential or commercial, shall be transferred. A mooring transferred in a manner not compliant with this section shall be deemed illegal.
(b)
When a residential mooring is no longer required by the permit holder, the permit holder shall advise the harbormaster who will assign the mooring to the first person on the waiting list with a boat appropriate for the mooring. The person relinquishing the mooring may sell the mooring tackle to the individual to whom the mooring is reassigned, or remove the tackle within ten (10) days of the reassignment.
(1)
At such time as an existing mooring becomes available, 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 tackle within ten (10) days.
(2)
Notwithstanding the above provision, a private mooring may transfer to an immediate family member (brother, sister, mother, father, spouse, children or grandchildren) upon written notice to the harbormaster which shall include the name and address change.
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.
(3)
No existing private mooring permit shall be allowed to transfer to a commercial mooring permit without prior authorization from the harbormaster.
(4)
If more than five (5) commercial moorings (held by the same entity) become available for sale, they shall not transfer without the review and approval of the harbor commission. The standard for review shall be the ability of the proposed new owner to comply with the requirements of section 300.4.E.1 (a) and (b) of the state coastal resources management program as they relate to the provision of sanitary facilities and parking and any additional requirements of the harbor commission.
(Amend. of 3-11-2003; Amend. of 8-8-2006, § 1)
Editor's note— Amendment of Mar. 11, 2003, amended the former § 10-49, and enacted a new § 10-49 as set out herein. The former § 10-49 pertained to mooring permits nontransferable and derived from Ord. No. 10-90(a), Art., § 10-25.
Sec. 10-50. - Mooring location.#
(a)
All mooring locations will be approved and designated by the harbormaster's office. If the replacement vessel is significantly smaller, larger or of different draft or type, the harbormaster shall have the right to relocate such vessel to another more suitable location.
(b)
All moorings must be located within the boundaries of the mooring fields.
(c)
There shall be no commercial "for profit" moorings located in federal navigational projects.
(Ord. No. 10-9-90(a), Art. V, § 10-26; Amend. of 8-8-2006, § 1; Ord. of 12-14-2021)
Sec. 10-51. - Appeal of permit denial.#
An appeal can be made to the board of appeals within thirty (30) working days of any decision made by the harbormaster office.
(Ord. No. 10-9-90(a), Art. V, § 10-27; Amend. of 8-8-2006, § 1)
Sec. 10-52. - Illegal moorings.#
(a)
Any mooring on or maintained in the waters of the town which has not been issued a permit and/or does not comply with each and every specification herein set forth shall be deemed an illegal mooring and shall be removed at the owner's expense. All existing moorings must be registered and approved and comply, or they shall be removed.
(b)
Whenever any mooring is placed in or remains in the waters of the town in violation of this chapter, the harbor master shall cause said mooring to be removed.
(c)
Mooring owners that have had their mooring removed by the harbormaster's office shall be liable for all removal costs and fines.
(d)
Any vessel using or attached to any mooring violating any section of this chapter shall also be in violation.
(Ord. No. 10-9-90(a), Art. V, § 10-28; Amend. of 3-11-2003)
Sec. 10-53. - Mooring tackle specifications.#
Utilization of proper mooring tackle is necessary to moor vessels adequately at their moorings. This chapter hereby establishes minimum standard to moor vessels in the waters of the town. The town assumes no liability for personal injury or property damage which results from the utilization of any tackle which meets or exceeds these recommendations. (1)
Boat and/or mooring owners shall be liable for any damage caused by faulty, inadequate or improperly placed moorings.
(2)
It is the mooring owner's responsibility to maintain his or her mooring and to have the tackle inspected by a Warren Mooring Inspector every two (2) years. Mooring inspection reports shall be filed with the harbormaster's office.
(3)
Each mooring which has been approved as set forth shall be assigned a registration number. Each mooring buoy or float, must be clearly visible and legibly marked with its assigned number. All mooring buoys shall be marked with a clearly legible number, (three (3) inch) minimum number height), assigned by the harbor master.
(4)
Mooring tackle should meet the following minimum standards:
Boat
Length
(Feet) Anchor
Weight
(Pounds) Chain
Diameter
(Inches) Pennant
Size
(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 sixty-five (65) feet in length shall comply with the harbor master's directions.
a.
The minimum length of the pennant should be two and one-half (2½) times the distance from the bow chock to the water plus the distance from the bow chock to the mooring cleat or post. The maximum length shall not exceed three-fourth (¾) the length of the boat.
b.
All pennant lines running through a chock or any other object where chafing may occur should have adequate chafe guards.
c.
The total scope of the chain should be two and one-half (2½) times the depth of the water at high tide. The bottom and top chain should each consist of approximately fifty (50) percent of the scope.
d.
All shackles, swivels and other hardware used in the mooring hookup should be proportional in size to the chain used.
e.
All shackles should be properly sized.
f.
It is recommended that the pennant be spliced or shackled into the bitter end of the top chain below the buoy so the strain is not carried by the buoy. The use of a second pennant and anchor in heavy weather is encouraged.
g.
Only mushroom anchors will be accepted on permanent moorings unless authorized by the harbormaster.
h.
The minimum distance between any two (2) moored vessels should be 1.25 times the total mooring scope plus the length of the larger vessel.
i.
The harbormaster may approve informal variances to mooring tackle specifications, other than those minimum standards described herein, for specific cases if such specifications are inappropriate for the area in which a mooring will be located. The harbormaster must file such variance with the harbor commission.
j.
Winter mooring stakes shall be readily visible in a vertical position above the water at all times and shall be removed not later than June 1 of the next succeeding year. Winter stakes shall not be set until on, or after, the first day of October of each calendar year.
(Ord. No. 10-9-90(a), Art. V, § 10-29; Amend. of 3-11-2003)
Sec. 10-54. - Mooring inspections.#
(a)
All new moorings of the town must have the chain, tackle and anchor inspected by a mooring inspector designated by the Warren Harbor Commission.
(b)
Every permit holder shall be required to maintain his or her mooring in a safe condition. Any chain, shackle, swivel, or other tackle which has become warped or worn by one-third (⅓) its normal diameter shall be replaced. Failure to maintain a safe mooring shall be cause for revocation of the mooring permit and shall be deemed a violation of this article. The harbormaster or his designee may inspect the mooring at any time to determine compliance with this section.
(c)
All moorings shall be inspected once every two (2) years and the results of such inspection shall be reported to the harbormaster by September 1. All mooring inspections shall be performed by a qualified inspector designated by the harbor commission. The inspection shall be made by either lifting mooring or by underwater inspection. Such inspection shall determine raising the compliance with the mooring and mooring tackle standards of the harbor management plan. Any mooring or component of a mooring reported not in compliance with the town ordinances or the harbor management plan shall be replaced within thirty (30) days of such notice.
(d)
Any mooring that has washed ashore during a storm shall be inspected by the harbormaster or his designee before it can be reset.
(e)
All cost of any mooring inspection required under the provisions of the ordinance shall be the responsibility of the mooring owner.
(f)
Within forty-five (45) days after a mooring and/or its mooring tackle has been reported to violate any requirements of the harbor management plan, a second mooring inspection must be completed to determine if the violation has been corrected and meets the standards detailed in the harbor management plan. The results of the second mooring inspection must be reported to the harbormaster. Failure to correct the violation shall cause the mooring to be deemed not safe and shall be cause for the revocation of the mooring permit, a violation of the ordinance and subject to the removal of the mooring at the risk and expense of the mooring owner.
(g)
Moorings down, lost or stolen must be reported to the harbormaster's office within ten (10) days.
(h)
Qualified mooring inspectors.
(1)
The harbor commission shall develop and set standards for the requirements and qualifications of mooring inspectors. The harbor commission may designate, as many inspectors as it feels are necessary. Minimum requirements for mooring inspection that the harbor commission shall consider are that an inspector must hold an active certificate as a certified SCUBA diver, be bonded and familiar with the minimum mooring and tackle specifications of this article.
(2)
The harbor commission shall make available an application form which potential mooring inspectors must complete to be considered a designated mooring inspector. The application shall be filed with the harbor commission with the appropriate fee. The harbor commission shall determine if such applications meet the requirements to be a qualified mooring inspector for the town and shall so designate the applicant as a qualified mooring inspector able to carry the certain provisions of this article for which such activity is allowable. Qualified mooring inspectors must reapply by October 31 of each year.
(i)
The harbor commission shall keep a list of all qualified mooring inspectors and shall make this list available to all mooring permit holders. The list of current mooring inspectors shall be included when the mooring stickers are sent.
(Amend. of 3-11-2003)
Sec. 10-55. - Winter stakes.#
(a)
All winter stakes shall be removed from the water by June 1 of each year and may not be placed back in the water until October 1 of each year.
(b)
Winter mooring tackle must be maintained and must be clearly marked with the mooring permit number.
(Amend. of 3-11-2003)
Sec. 10-56. - Occupancy of moorings.#
(a)
Except as noted below, no vessel other than the one for which a mooring permit has been issued shall occupy a mooring. A mooring found in violation of this section shall be treated as an illegal mooring and the mooring permit shall be revoked.
(b)
A mooring may be used by a visiting vessel for up to one (1) week upon application of the mooring permit holder to the harbormaster.
(c)
This section shall not apply to a commercial mooring permit issued for the purpose of commercial rental.
(d)
Any mooring that is not used by the vessel to which it has been assigned for one (1) year shall be considered abandoned. This period may be extended under extenuation circumstances at the discretion of the harbormaster upon written request.
(Amend. of 3-11-2003)
Sec. 10-57. - Forfeiture of mooring space.#
Any permit holder shall be deemed to have forfeited his mooring space and shall have his mooring permit revoked and not renewed by reason of any of the following actions on the part of the permit holder. The mooring shall be treated as an illegal mooring in accordance with section 10-52. (1)
Failure to comply with any of the requirements of this chapter.
(2)
Failure to take required action in response to the harbormaster's notice that the permit holder's mooring tackle does no comply with the requirements of this chapter or guidelines set by the CRMC.
(3)
Failure to resurface, repair or replace mooring tackle within sixty (60) days of the request of the harbormaster in accordance with the requirement of this chapter.
(4)
Failure to display the correct mooring number and mooring registration sticker on the mooring buoy or the winter stake.
(5)
Failure to respond to any other request of the harbormaster that is in accordance with the provisions of this chapter.
(Amend. of 3-11-2003)
Sec. 10-58. - Outhauls.#
Except as provided below, an outhaul(s) is/are to be permitted to the contiguous waterfront property owner in accordance with Rhode Island Coastal Resources Management Program Regulations. Up to two (2) outhauls may be allowed per waterfront property. However, outhauls are not permitted on properties which contain a recreational boating facility. Any person pursuing to install an outhaul must first appear before the Warren Harbor Commission to ensure that permits are issued only consistent with the Warren Harbor Management Plan, as well as all applicable CRMC Regulations. The CRMC retains the authority to revoke any permits issued by the Town of Warren if it finds that such permit conflicts with the RICRMP. 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. 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 12-14-2021)
Sec. 10-59. - Reserved.#
Sec. 10-60. - Transient anchoring and anchorages.#
A vessel may anchor on its own anchor in the coastal waters of the town except in federal navigational channels, navigational fairways, berthing places, shellfish transplant beds, mooring fields, swimming areas, right-of-way ingress and egress areas and launching ramp areas. No vessel anchored under such conditions shall be left unattended.
(Amend. of 3-11-2003)
ARTICLE IV. - ENFORCEMENT#
Sec. 10-61. - Harbor management commission.#
(a)
Purpose. It is the intent of the town to establish a harbor management commission to set forth the policies and regulations that apply to the use and management of the tidal waters adjacent to the town for adoption by the town council. The town further recognizes that it has a responsibility to:
(1)
Promote the health, safety and welfare of all who use the harbor and rivers of the town; and
(2)
Preserve this important natural resource for the future.
(b)
Responsibilities. It shall be the responsibility of the harbor management commission to:
(1)
Develop regulations for boating safety, use of the waters within the town's jurisdiction, moorings, permits and fees;
(2)
Identify, mark and work to maintain accessibility to public's rights-of-way in conjunction with CRMC policies including working with local groups and associations to implement CRMC's adopt an access program.
(3)
Establish the necessary means to implement decisions;
(4)
Promote and coordinate activities which encourage improvement to the harbor, waterfront and rivers of the town.
(c)
Authority. The harbor management commission shall have the power to:
(1)
Recommend regulations for the speed, management and control of all vessels on the public waters within the waters of the town.
(2)
Recommend regulations for the number, size, type, locations, use and maintenance of all anchorages, moorings and boat ramps within the waters of the town.
(3)
Recommend regulations for minimum moorings, and fees and collection of fees for mooring use.
(4)
Recommend a job description for the position of harbor master.
(5)
Designate upon a map of the public waters within the town the places where permanent or temporary moorings, anchorages and boat ramps may be maintained.
(6)
Recommend regulations for regattas, races, marine parades, tournaments and exhibitions.
(7)
Recommend regulations for waterskiing, skin diving and scuba diving within the town's water areas.
(8)
Recommend regulations for houseboats that are not self-propelled and for the removal of wrecks or derelict or abandoned boats off docks.
(9)
Recommend appropriate penalties to the town council for approval for violation of any of the aforesaid regulations; such penalties not exceeding in amount five hundred dollars ($500.00) or imprisonment not exceeding thirty (30) days in some jail or house of correction for any one offense and any such fines to be recovered to the use of the town.
(d)
Membership and meeting procedure.
(1)
The harbor management commission shall consist of seven (7) members appointed by the town council, chosen from a list of interested parties maintained by the town clerk.
(2)
The commission members shall be appointed for overlapping two-year terms so that four (4) members will be replaced one (1) year and five (5) the following year.
(3)
The duration of initial appointments should be decided by the town council, but should not exceed three (3) years for five (5) members. In the event of a resignation during a term, the town council shall appoint a new member from the same interest group to fill the remainder of the term.
(4)
A chairperson, vice-chairperson and secretary shall be elected by the members of this commission. The commission shall meet at the request of the chairperson, town council or harbor master. All meetings shall be open to the public. The commission shall keep a record of its proceedings and actions which shall be on file and open to public inspection at the office of the town clerk.
(5)
A majority of the members shall constitute a quorum. The concurring vote of the simple majority of members eligible to vote is required to pass on any issue.
(6)
Commission members shall serve without pay, but may be compensated for expenses incurred in the performance of their duties.
(e)
Appeals. Commission members, with the town council, shall sit as a board of appeals to hear the appeal of any person aggrieved by any decision, act or failure to act of the harbor master or any member of the staff of the harbor master 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 thirty (30) days of the incident which precipitated the appeal. An appeal to the town council regarding a decision by the commission must be made within seven (7) days of the commission decision. All applications for appeals must be made to the town clerk.
(Ord. No. 10-9-90(a), Art. VI, § 10-30; Ord. of 1-11-94(2), § I; Amend. of 3-13-2001; Amend. of 8-8-2006, § 1)
Sec. 10-62. - Harbormaster.#
The harbormaster shall be hired by the town manager with the recommendation of the harbor management commission. The harbormaster shall report to the town manager and shall assume the following duties. (1)
Be responsible for the administration and enforcement of the provisions of the harbor management plan and its ordinances;
(2)
Be responsible for the administration of any designated mooring areas;
(3)
Issue permits for all moorings;
(4)
Keep proper records of all mooring application information, including locations, owners, sizes and types of vessels, and making such records available to the public at the town clerk's office;
(5)
Prepare and make available a current waiting list for mooring permits, if demand is greater the number of available moorings in any given year;
(6)
Assist in the preparation of grant applications as they pertain to the waterways and harbors within the town, with the approval of the harbor management commission;
(7)
Perform inspection responsibilities of marine sanitation devices and/or any other overboard discharges to ensure conformance with U.S. Coast Guard standards;
(8)
Coordinate, maintain, and repair the patrol boat, pump-out boat, and other department equipment;
(9)
Act as a staff resource as needed by the harbor management commission, or sit as a nonvoting member of the harbor management committee;
(10)
Act as liaison with town departments, committees and harbormaster from neighboring towns;
(11)
Recommend candidates for the position of assistant harbormaster. The assistant harbormaster shall be hired by the town manager and report directly to the harbormaster and be empowered with the same duties as the harbormaster;
(12)
Enforce any ordinance or provision of the harbor management plan and carry out all powers and duties authorized to the harbormaster under federal, state and local law, including, but not limited to, Marine Sanitation Devices (MSD) inspection and discharges responsibilities pursuant to the U.S. Coast Guard, MARPOL ANNEX V, section 312 of the Clean Water Act, R.I.G.L. 46-22-1 et seq.);
(13)
The harbormaster and their assistant shall be required to, have passed an approved boater education class in accordance with RI General Laws. and must be qualified in cardio-pulmonary resuscitation (CPR);
(14)
The harbormaster is authorized to enter into agreements with the Town of Barrington to enforce the Warren Harbors and Vessels Ordinance in the Warren River.
(15)
Mooring permit fees for Barrington residents in the Warren River will be equal to that of Warren residents, as established by the Warren Town Council.
(Ord. No. 10-9-90(a), Art. VI, § 10-31; Ord. of 7-14-92; Amend. of 5-9-2000; Amend. of 3-11-2003; Amend. of 8-8-2006, § 1; Ord. of 9-10-2019)
State Law reference— Authority of council to appoint harbormaster, G. L. 1956, § 46-4-2.
Secs. 10-63—10-69. - Reserved.#
ARTICLE V. - TOWN DOCKS#
Sec. 10-70. - Use of the town docks.#
(a)
The commercial town dock was constructed to provide slips for berthing, and a loading area for commercial fishermen. Preference will be given to low or moderate income commercial fishermen as defined by the United States Department of Housing and Urban Development Standards, for the assignment of slips to commercial fishermen.
(b)
In order to apply for a slip at the commercial town dock.
Applicants must have an active Rhode Island Commercial Fishing license, a current vessel declaration, and must be able to show thirty (30) landings in the previous calendar year.
(Ord. of 10-14-97; Amend. of 1-12-2010; Ord. of 3-10-2026)
Sec. 10-71. - Administration of the town docks.#
(a)
The administration of the town docks, and enforcement of the rules and regulations for the use of the town docks, shall be the duty of the harbormaster's office.
(b)
Maintenance to and for the town docks shall be the responsibility of the department of public works.
(c)
Commercial dock permit renewals shall be due on June 1. A twenty-five dollar ($25.00) late fee will be applied after June 1. All commercial dock permits will expire on June 30.
(d)
Recreational dock permit holders are required to place a non-refundable, five hundred dollars ($500.00), down payment by February 15 to secure a slip for the current season. The remaining balance shall be due on or before March 15. A twenty-five dollar ($25.00) late fee will be applied after March 15. All recreational dock permits will expire on April 15. The summer dock permit season runs from May 1 to October 31.
(e)
Any vessel using any of the town docks without authorization shall be subject to a fine not to exceed five hundred dollars ($500.00). The harbormaster shall have the authority to remove said vessel from its location at the owner's expense.
(Ord. No. 10-14-97; Amend. of 8-8-2006, § 1; Amend. of 1-12-2010)
Sec. 10-72. - Duties of the harbor master.#
The harbor master shall have the following duties in regard to the town dock: (1)
Develop and publish rules and regulations for the use of the town dock, subject to approval by the town council, and substantially in conformance with the rules and regulations adopted by the town council on March 31, 1992.
(2)
Assign slips to commercial fishermen in accordance with the rules and regulations.
(3)
Supervise the activities of commercial fishermen permitted to berth at the town dock.
(4)
Revoke berthing permits based upon violations of the rules and regulations, or for violations of any of the provisions of this article.
(Ord. of 10-14-97)
Sec. 10-73. - Penalty for violations.#
(a)
In addition to the revocation of a berthing permit, any person who violates any rule or regulation, or any provision of this article, shall be subject to a fine not to exceed one hundred dollars ($100.00) for each violation, and forfeit any rights to use the town docks in any way.
(b)
Annual permit fees for the use of the commercial and recreational town docks shall be determined by the town council.
(Ord. of 10-14-97; Amend. of 3-11-2003; Amend. of 1-12-2010)
Sec. 10-74. - Permitting of dinghy/kayak spaces.#
(a)
Definition. For this section a dinghy includes all non-motorized small craft, such as a rowboat, kayak, paddle craft, or sailboard.
(b)
Permit required for dinghy space at Warren Town Beach. No dinghy/kayak shall be placed at town designated areas until a permit has been issued for the use of such space by the harbormaster office. Available space on the dinghy/kayak racks shall be permitted on a first come, first serve basis. Rental fees shall be established by the town council.
(1)
All applications for a dinghy/kayak space permit shall be submitted to the harbormaster office on the application forms provided by the harbormaster office. The applicant shall also provide a photo of the dinghy/kayak along with the application.
(2)
A complete and accurate dinghy/kayak space permit application must be submitted before the harbormaster can act to approve or deny such application.
(3)
The harbormaster shall determine if a dinghy/kayak space permit can be issued only after all provisions of this chapter and all applicable regulations are met; provided that dinghy space is available.
(c)
Preference to Warren residents. In the assignment of initial dinghy/kayak space and the reallocation of existing dinghy/kayak space, Warren residents shall be given priority over nonresidents. However, a nonresident shall not lose priority to a resident more than three (3) times before such nonresident is given first priority to an appropriate dinghy/kayak space.
(d)
Dinghy stickers. Dinghy stickers shall be supplied by the harbormaster office, after the dinghy/kayak space permit has been issued or renewed. These stickers are required on the dinghy's upper right corner of the transom, or at the stern end of the starboard side for kayaks and/or paddle craft.
(e)
Placement of dinghies/kayaks. Dinghies and/or kayaks shall be kept only on the town dinghy/kayak racks at the above designated areas of town property from April 1 to November 30 of each year. Between December 1 and March 31 dinghy/kayak storage at these location(s) is prohibited. Dinghy/kayak placement is prohibited on any other areas of the town property.
(1)
Dinghies/kayaks must be stored in the numbered space assigned by the harbormaster office.
(2)
Modifications to the town dinghy/kayak racks are strictly prohibited.
(3)
All dinghies/kayaks must be secured with chain or cable and locks.
(f)
Size of dinghies/kayaks allowed. The maximum size of dinghies allowed shall be no greater than thirteen (13) feet long and have a maximum width of fifty-eight (58) inches.
Kayaks, paddle craft, and sailboards shall be no greater than seventeen (17) feet long and have a maximum width of thirty-six (36) inches.
(g)
Storage of motors and fuel. The storage of motors and/or fuel at or on town dinghy racks is strictly prohibited.
(h)
Violations. Any violation of these regulations shall result in the removal of the dinghy/kayak in question and will then be stored at the public works yard and a charge of the designated removal and storage fee will be assessed to the owner of said dinghy/kayak. The dinghy/kayak will be stored for a period no longer than six (6) months at which time it will be considered abandoned and disposed of at the discretion of the harbormaster office.
(i)
Liability. The Town of Warren is not liable for any loss, or damage to, any dinghy/kayak.
(j)
Permit renewals—Dinghy/kayak spaces.
(1)
Dinghy/kayak space permits shall be renewed annually.
(2)
Dinghy/kayak space permits shall be valid seasonally from April 1 to November 30 of each year and must be renewed on or before February 15.
(3)
Applications for renewals of a valid dinghy space permit shall be submitted to the harbormaster office on the application forms provided by the harbormaster office.
(4)
The harbormaster shall mail a notice for the renewal of dinghy/kayak space permits by January 1 of each year to those persons who held valid dinghy/kayak space permits during the previous year, to the address listed on their last dinghy/kayak space permit.
(5)
A renewal application for a dinghy/kayak space permit, accompanied by the appropriate fee must be received by February 15 at the harbormaster's office. After February 15 the designated late fee will be applied. If a renewal application has not been received by March 1, the dinghy/kayak space permit is forfeited. A forfeiture letter will be sent to the dinghy/kayak space permit holder by the harbormaster office. Upon being notified by the harbormaster office, the permit holder shall remove the dinghy/kayak from the dinghy/kayak space. If the permit holder does not remove the dinghy/kayak within ten (10) days of the written request, they will be in violation of this section and the harbormaster may remove the dinghy in accordance with section (3)(h) of these regulations.
(6)
It shall be the responsibility of the permit holder to notify the harbormaster office of any change of address or change of dinghy/kayak size related to any dinghy/kayak space permit.
(k)
Transfer of dinghy space permits. No dinghy space permit shall be sold, assigned or otherwise transferred by a permit holder.
(l)
Forfeiture of dinghy/kayak space permit. A dinghy/kayak space permit shall be deemed forfeited by reason of any one (1) of the following:
(1)
Failure to comply with any of the requirements of this chapter or the dinghy/kayak space rules and regulations as established by the harbor commission and approved by the town council.
(2)
Removal of dinghy/kayak by the owner and notification to the harbormaster office that the dinghy/kayak has been removed and the dinghy/kayak space forfeited.
(3)
Failure to notify the harbormaster office of a change in the dinghy/kayak size.
(m)
Available dinghy/kayak rack spaces. As of May 1, of each year, the harbormaster shall determine the number of dinghy rack spaces available.
(n)
Waiting list.
(1)
The harbormaster shall maintain a waiting list of all applications for dinghy/kayak space permits. When an appropriate dinghy/kayak space is not available, the applicant shall be placed on the waiting list upon receipt of a completed application and fee made in accordance with this chapter in the order in which they are received by the harbormaster office. The harbormaster shall maintain an updated waiting list. The harbormaster shall make the waiting list available for public review at all times. The waiting list shall be posted at the harbormaster's office located at town hall.
(Ord. of 8-13-2019)