The text
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)