The text
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)