The text
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.