Sec. 24-5. - Administration and enforcement; harbor management commission.

The city may regulate uses and activities within the tidal waters of the state that are within the corporate boundaries of the city consistent with the authorities granted the city by G.L. 1956, § 46-4-1 et seq., to minimize user conflicts and to maximize the efficient use of both the water space and the city-owned waterfront. In order to regulate the uses and activities within the city's tidal waters, enforcement of the provisions of this chapter shall be completed as follows: (1)

Department of parks and recreation. The department of parks and recreation shall be the local regulatory body for the waters of the city. The department shall enforce this chapter promulgated by the city council and may adopt any rules and regulations, subject to CRMC approval, for the implementation of this chapter and perform all acts necessary and consistent with the purpose of this chapter. The department shall operate the harbor management fund in accordance with this chapter. In addition to the duties and responsibilities delegated to the department by this chapter, the department is hereby authorized and empowered to develop, operate and administer parks and shoreline recreational facilities, waterfront business facilities, harbors and coves; to carry on a general beach and bathhouse business; to purchase, construct, maintain and operate or lease thereon buildings, wharves, piers, walks, parking facilities and swimming pools; to furnish business buildings and accommodations on or near the waterfront for lease or hire; to furnish bathing accommodations and facilities to the public and to make reasonable rules and regulations for the use of same; and to charge suitable fees and/or rents therefor, as may be adopted from time to time by the city council.

(2)

Harbormasters.

a.

Chief harbormaster. There shall be a chief harbormaster for the city, who shall be appointed by the mayor and who shall serve at the pleasure of the mayor. The chief harbormaster shall report to the director of parks and recreation and shall have the power and duties delegated to him/her by the director.

b.

Assistant chief harbormaster: There shall be an assistant chief harbormaster who will act in the chief harbormaster's stead. The assistant chief harbormaster will act at the discretion of the chief harbormaster and the director of parks and recreation, and will fulfill the duties of the chief harbormaster in his/her absence.

c.

Other harbormasters: There shall be a harbormaster for each cove or harbor within the city and other harbormasters as needed, who shall be appointed by the mayor and who shall serve at the pleasure of the mayor. The harbormaster(s) shall work for the chief harbormaster and shall have the power and duties delegated to them by the director.

d.

Compensation: The chief harbormaster and the harbormaster(s) shall be employees of the city and, at the discretion of the mayor, shall be either part-time or full-time employees, and shall be compensated in the manner of city employees. All compensation shall be included in the department's budget, and acted upon by the city council.

(3)

Harbor management commission. There is hereby created a harbor management commission, which shall consist of seven members. The commission shall consist of one representative from each of the following groups: the recreational boating community, the commercial fishing industry, the commercial mooring operators and the environmental community. In addition, there shall be on the commission three citizens at large who are not affiliated with any of the above groups.

a.

Term of office. Members shall be appointed by the mayor for five-year terms.

b.

Vacancies. All members shall serve until their successors are duly appointed. If a vacancy occurs, the mayor shall appoint a member to fill the remainder of the unexpired term.

c.

Chairperson. The chairperson, vice-chairperson and secretary shall be elected by the members of the commission. Meetings shall be called by the director or at the request of three members of the commission. The chairperson shall conduct the meetings of the commission. In the absence of the chairperson, the vice-chairperson shall assume those responsibilities. The secretary shall keep minutes of all meetings.

d.

Powers and duties. The commission shall be the primary advisory group for the management of the waters of the city. The commission shall adopt rules of procedure and operation for its meetings and is authorized to:

1.

Recommend to the department of parks and recreation for adoption rules, fees and penalties for activities which may be necessary to fulfill the goals of the city harbor management plan and the requirements of this chapter;

2.

Assist in preparing an annual budget and capital improvement program in cooperation with the department and in accordance with the provisions of the city to expend monies in the harbor management fund;

3.

Sit as a board of appeals to hear any person aggrieved by any decision, act or failure to act by the department of parks and recreation or the chief harbormaster in the enforcement of this chapter and any rules and regulations adopted by the city pursuant to this chapter; and

4.

Review and revise as necessary the harbor management plan for city council and CRMC approval. The plan shall be reviewed and revised at least once every five years.

e.

Ex officio members. There may be one nonvoting ex officio member from the Cranston, East Greenwich and North Kingstown harbor commissions on the Warwick commission, enabling the commission to coordinate issues of mutual concern.

f.

Compensation of members. Commission members may be compensated for their time and for expenses incurred in the performance of their duties.

(Code 1971, § 9-5; Ord. No. O-94-27, § I, 11-14-94; Ord. No. O-99-17, § I, 4-12-99; Ord. No. O-23-16, § I, 7-18-23)

Cross reference— Boards and commissions, ch. 6.