The text
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)