The text
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))