ARTICLE I. IN GENERAL

Secs. 14-1—14-25. Reserved.

ARTICLE II. HARBOR MANAGEMENT

DIVISION 1. GENERALLY

Sec. 14-26. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 6

Abode means the principal, nonwater dependent use of a structure or vessel as a dwelling or home.

Anchoring means securing a vessel temporarily to the bottom of the water column by dropping an anchor or other ground tackle from that vessel.

Boat means, for the purposes of the mooring aspects of this article, a vessel registered to occupy a specific mooring or slip within the waters of the town or to a transient vessel that may be anchored within the waters of the town from time to time.

Channel means any designated water area preserved for passage of vessels.

Commercial mooring means any mooring which is rented or leased.

Commercial vessel means any type of vessel used primarily for any type of commercial venture including, but not limited to, fishing, towage, salvage, the carrying of passengers for hire or the transport of cargo.

Fairway means any water area reserved for the unobstructed movement of a vessel to or from a channel and within the harbor.

Illegal mooring means a mooring placed in town waters without authorization of the harbormaster. A mooring and/or its tackle not properly identified (mooring # and weight) or maintained will also be classified as an illegal mooring.

Mooring means a semi-permanent single point anchorage installation. Mooring should be limited to one vessel per mooring. This does not apply to dinghy's and or tenders that are used for transportation from shore to and from the moored vessel and transients with occupants aboard.

Mooring location means a site within the town waters authorized by the harbormaster for the placement of a mooring.

Mooring permit means the license granted on an annual basis by the Tiverton Harbor and Coastal Waters Management Commission to place a mooring in the waters of the town.

Outhaul is defined as a non-single point anchoring device, for the purpose of securing a boat in tidal waters and retrieving it from shore.

Private mooring means any mooring registered to a boat owner of record and used exclusively for his recreational purposes.

Resident means any person who is an elector, real estate taxpayer or resident of the town in accordance with this Code.

Riparian moorings means the riparian owner shall be allowed a minimum of one mooring. However, riparian owners may be granted up to four moorings. These moorings may only be used by immediate family members (father, mother and their legal children). The following guidelines shall apply for each additional mooring requested:

(1)     Each field of an individual single point mooring shall equal a circular area with a 50-foot diameter or the length of the vessel plus three times the water depth, whichever is greater. The harbor commission reserves the right to amend this definition, as situation(s) dictate.

(2)     Single-point mooring areas shall be contained within a ten-foot setback from and within the applicant riparian lines and far enough offshore to keep noise disturbance to others within reasonable limits.

(3)     Riparian mooring owners are subject to all relevant mooring regulations.

Riparian owner means the owner of land located on the bank or shore of a natural watercourse, lake or tidewater.

Riparian rights means the rights associated with coastal waterfront property ownership regarding access to tidal waters.

T.H.C.W.M.C. means Tiverton Harbor and Coastal Waters Management Commission; also known as the commission.

Transient anchorage means any area reserved for the exclusive short term use of commercial and recreational vessels and any vessels seeking shelter.

Transient mooring means a mooring reserved and designated by a commercial mooring operator or the town for short-term use (no more than seven consecutive days) by a person who does not usually lease or maintain a mooring within the town waters.

Vessel means watercraft, other than a seaplane, used or capable of being used as a means of transportation on water.

(Code 1967, § 13-9; Ord. of 12-14-09; Ord. of 8-22-11, § 4; Ord. of 1-28-13(1) )

Cross reference(s)—Definitions generally, § 1-2.

Secs. 14-27—14-40. Reserved.

DIVISION 4. MOORINGS

Subdivision I. In General

Sec. 14-101. Assignment authority.

Mooring locations are assigned by the town. The authority to assign moorings and to create this division derives from the state coastal resources management commission and the council. Responsibility for the assignment of mooring locations and the issuance of permits to place mooring tackle lies with the commission and is carried out in their behalf by the harbormaster. Mooring assignments are a privilege/property right that can only be revoked by the Harbormaster only after due process.

(Code 1967, § 13-11-1; Ord. of 12-14-09; Ord. of 8-22-11, § 4)

Sec. 14-102. Initial application for location.

Initial applications for a mooring location may be obtained on-line, or from the clerk's office, and from the harbormaster. Locations for such new applications will be assigned as space becomes available and is decided by the harbormaster. A waiting list of applicants for mooring locations is kept on file in town hall and may be viewed by anyone during town hall office hours. The list shall contain the date of initial application.

(Code 1967, § 13-11-2; Ord. of 8-22-11, § 4)

Sec. 14-103. Renewal of existing permits.

The harbormaster will send out renewal forms by December 15^th every year. The holder of a current permit to place ground tackle may renew that permit by submitting a renewal to the harbormaster at the office of the town clerk, town hall or by U.S. mail. All requests are time-stamped by the town staff as they are received with the appropriate user-fee payment made out to the town. Renewals must be received no later than May 1st of each year. The nonreceipt, by May 1st of a renewal application for a given mooring location shall be construed to free that location for reassignment.

(Code 1967, § 13-11-3; Ord. of 3-13-00; Ord. of 8-22-11, § 4)

Sec. 14-104. Federal and state-assigned locations.

Mooring locations previously assigned by federal or state authority will be honored if permits are renewed annually as described in section 14-103. Documentation of the federal or state assignment of a mooring location must be on file in the town mooring records.

(Code 1967, § 13-11-4)

Sec. 14-105. Mooring list; annual update; appeals.

The mooring list is updated annually by May 1 of each year. Decisions of the harbormaster may be appealed to the commission. Applicants for such an appeal must request the placement of their name on the agenda for the next available monthly meeting of the commission. Any such appeal shall be filed with the town clerk within 30 days of the decision's having been made public.

(Code 1967, § 13-11-5)

Sec. 14-106. Contents of application for mooring locations.

Applications for mooring locations should contain the following information:

(1)     Name, address and telephone numbers, and email addresses, if available, of the applicant.

(2)     Name of vessel, type, color, LOA, displacement beam draft, registration number/documentation.

(3)     Type and weight of mooring, chain and other tackle.

(4)     Name of individual and/or company placing and inspecting the ground tackle (if owner, so indicate).

(5)     Type of head, if any, on board.

(6)     Access to mooring (nonriparian owners must provide a document from the owner of shore property being used for access to the mooring). Authorized local access and a legal parking area is required.

(7)     Priority of applicant according to the schedule set forth in section 14-107.

(Code 1967, § 13-11-6; Ord. of 12-14-09; Ord. of 8-22-11, § 4)

Sec. 14-107. Priority of mooring location assignments.

The system for mooring assignments' priority shall be as follows:

(1)     Owner of riparian right—mooring abuts frontageexempt

(2)     Town resident commercial vessel mooring6 points

(3)     Town resident recreational vessel mooring5 points

(4)     Town resident with commercial rental mooring4 points

(5)     Town resident, supplemental mooring (family)3 points

(6)     Nonresident commercial vessel mooring2 points

(7)     Nonresident recreational vessel mooring1 point

It is the town's objective to ensure that non-residents of Tiverton have access to moorings within the Town of Tiverton. To achieve this objective the town will commit to achieve the CRMC recommended 3:1 ratio of resident to non-resident moorings. This objective may supersede the current point system.

(Code 1967, § 13-11-7; Ord. of 1-28-13(1) )

Sec. 14-108. Applications for private moorings; required contents.

Applications for private moorings must include evidence of ownership or lease of the vessel to be moored. Further, a state license or federal documentation papers must be on file for each vessel. Only the indicated vessel may be moored on the designated tackle. As is customary in this region, short term exceptions to this rule may be arranged with the harbormaster on a case-by-case basis. Private moorings which are rented to vessels other than that for which they are designated will be regarded as commercial moorings, subject to all fees and limitations that are placed on such moorings in town waters. Such moorings may be removed as needed to restore the balance of commercial/private moorings. This ratio is set at three commercial moorings to every ten privately owned moorings per mooring area. Privately owned moorings improperly converted to commercial use may be removed by the harbormaster.

(Code 1967, § 13-11-8)

Sec. 14-109. Mooring floats.

Mooring floats shall indicate the mooring number and weight of the anchor. Commercial moorings will contain the mooring number only. Letters will be four inches or greater.

(Code 1967, § 13-11-9; Ord. of 8-22-11, § 4)

Sec. 14-110. Mooring specifications.

No mooring shall be composed of discarded cement. The scope of chain and the size of chain shall be consonant with the standards set forth in Chapman's text on seamanship. Otherwise, the responsibility for the correct mooring-to-vessel match regarding mooring weight and tackle and for the integrity of the mooring lines belongs primarily to the mooring owner and, as to matters strictly within the confines or purview of the vessel, to its owner. The commission recommends that any cement moorings be of a type certified as made specifically for saltwater marine moorings and that mooring weight be a foremost consideration so as to offset the possible loss of appropriate scope in crowded locations. At the option of the harbormaster, the tackle owner may be required to use two moorings in tandem in order to diminish swinging room.

(Code 1967, § 13-11-10)

Sec. 14-111. Commercial moorings.

Commercial moorings are owned by businesses or clubs and are intended for leasing to transient or seasonal renters, or in the case of boatyards, for vessels awaiting repair. The owner of the commercial mooring may charge a currently required user fee for boats utilizing this tackle. All operators of commercial moorings must comply with all state regulations concerning provision of parking for cars and sanitary facilities as well as pump-out stations.

(Code 1967, § 13-11-11)

Sec. 14-112. Commercial mooring operators.

Commercial mooring operators are responsible for obtaining mooring permits using the methods described in this division. All rules and deadlines that apply to private moorings also apply for commercial mooring purposes. The mooring owner is at all times responsible for a seamanlike match of displacement and length over all (LOA) to tackle specifications. Applications for new commercial moorings must be made through the harbormaster using the procedures described in this division.

(Code 1967, § 13-11-12)

Sec. 14-113. Relocation of mooring ground tackle.

Relocation of mooring ground tackle will be permitted. A mooring permit holder who desires a new location for ground tackle shall file an application in accordance with the procedures described in this division. Reasons for requesting a move of tackle must be specified. Priority will be given to such moves in the annual reassignment. Such reassignment of moorings will be limited only by space availability. The harbormaster may also make mooring reassignments as necessary in order to carry out mooring policy and procedures.

(Code 1967, § 13-11-13)

Sec. 14-114. Illegal moorings.

Illegal moorings will be tagged by the harbormaster. It is the owner's responsibility to contact the harbormaster and to repair or remove the mooring. If the mooring is properly labeled then the harbormaster will try to contact the owner first by telephone and then by mail using the information provided on the renewal or application. If after 60 days the owner has not been identified or defects not been corrected a private contractor will note the GPS coordinates of the mooring and remove the float from the chain dropping the chain to the bottom. The float will then be turned over to the harbormaster with the GPS coordinates of the remaining tackle. If the owner is not identified and all fees not paid by May 1 of the following year the private contractor shall have the float and shall retrieve the remaining tackle, within 30 days of notification, as that mooring will be listed as abandoned. Please note that it is the owner's responsibility to retrieve the dropped chain, using the original contractor and paying normal contractor rates, and not the responsibility of the town or harbormaster as the mooring was illegal. The GPS location of the removed mooring and tackle will then be offered to the next person on the waiting list.

(Code 1967, § 13-11-14; Ord. of 12-14-09; Ord. of 8-22-11, § 4)

Sec. 14-115. Transfer of permits.

(a)      At such time as an existing mooring becomes available for sale, 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 within ten days at the mooring owner's expense.

(b)      Notwithstanding the above provision, a private mooring may transfer to an immediate family member (brother, sister, mother, father, spouse, children and grandchildren) upon written notice to the harbormaster which shall include the name and address change. Such transfers shall be strictly limited to a one-time basis to those individuals holding a valid permit on the date that the CRMC approves the Town of Tiverton Harbor Management Plan and Town Ordinances. 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. This does not apply to riparian moorings.

(Code 1967, § 13-11-15; Ord. of 8-22-11, § 4; Ord. of 1-28-13(1) )

Editor's note(s)—Ord. adopted Jan. 28, 2013 , amended § 14-115 and in doing so changed the title from transferal of permits to read as herein set out.

Sec. 14-116. Authorized mooring contractors.

A list of town authorized mooring contractors will be kept and updated by the harbormaster and will be available to all mooring holders upon request. To be on this list the contractor must have a $1,000,000.00 insurance binder for the Town of Tiverton. The contractor must also agree to abide the towns rules and regulations. After service or installation of a mooring the contractor must send all information regarding the mooring to the harbormaster. Minimum information to send if available is as follow:

(1)     Mooring number;

(2)     Inspection date: ___________;

(3)     Name of inspector and/or company;

(4)     Address of inspector;

(5)     Mooring owner name;

(6)     Mooring owner address;

(7)     Mooring owner home phone;

(8)     Mooring owner emergency number;

(9)     GPS position;

(10)   Overall mooring condition;

(11)   Mooring anchor condition;

(12)   Mooring anchor weight type;

(13)   Lower chain condition;

(14)   Lower chain size and length;

(15)   Upper chain condition;

(16)   Upper chain size and length;

(17)   Float and pennant condition;

(18)   Float and pennant size and length;

(19)   Shackles/swivels/top gear;

(20)   Shackles/swivels/top gear size and quantity.

(Ord. of 8-22-11, § 4)

Sec. 14-117. Outhauls/pulleys.

Outhauls are subject to regulatory jurisdiction of the harbormaster. The town authorizes the harbormaster to administer an annual permit for an outhaul as long as it meets the following requirements:

(1)     Except as provided below, an outhaul(s) is/are to be permitted to the contiguous waterfront property owner; and,

(2)     Up to two outhauls many be allowed per waterfront property; and,

(3)     Outhauls are not permitted on properties which contain a recreational boating facility; and,

(4)     That permits are issued only consistent with the RICRMP, including the provisions of [RICRMP Section] 300.18; and,

(5)     The town acknowledges that the CRMC retains the authority to revoke any permits issued by the town if it finds that such permit conflicts with the RICRMP; and,

(6)     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; and

(7)     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 1-28-13(1) )

Sec. 14-118. Mooring area and restrictions.

The harbormaster will ensure that all moorings remain within their assigned mooring areas. Moorings that have migrated outside their assigned area will be moved, at the owner's expense, to within its designated mooring area. The harbormaster will ensure that all mooring holders have a registered or documented vessel associated with their mooring. The vessel must be in the mooring holder or an immediate family member's name. If no vessel is associated with the mooring then the mooring owner will be required to give up their mooring location to the next person on the waiting list.

(Ord. of 1-28-13(1) )

Secs. 14-119—14-130. Reserved.

Subdivision II. Water Zones

Sec. 14-131. Purpose of division.

The waters of the town shall be divided into zones for the purposes of managing the activities that occur in and on those waters.

(Code 1967, § 13-12-1)

Sec. 14-132. Mooring zones; generally.

(a)      Basis of location. Mooring zones are those waters of the town authorized for the placement of vessel moorings. Where possible, mooring zones shall not be located closer than 100 feet from the MHW along the shoreline and they shall be limited based upon the following:

(1)     The state department of environmental management water quality criteria, implementing the Interstate Shellfish Sanitation Conference formula.

(2)     The Coastal Resource Management Program, water type classifications.

(3)     The input of the citizens of the town.

(4)     The availability of parking and access.

(b)      Support data for determining the number of boats to be permitted in zones. Support data shall be as follows:

(1)     The DEM Division of Water Resources has indicated that when determining the allowable number of boats in the Tiverton Basin and north to the Rhode Island/Massachusetts state line, all of the SB and SC waters can be included in the volume portion of the I.S.S.C. formula. This is a large volume of water, most of which is not suitable for the mooring of recreational or small commercial fishing boats. Therefore, when determining the appropriate number of boats allowed within a specified mooring area in the waters of the town, in order to ensure compliance with water quality guidelines, only the actual amount of water area included in the mooring zone was used in the I.S.S.C. formula.

(2)     For the purposes of this article, all boat limits given in this section include those boats owned by riparian property owners, except where noted.

(3)     It is the intent of this article to ensure that the number of boats in any of the mooring zones located south of the Stone Bridge remain below the levels authorized in order to permit the direct harvesting of shellfish. Should the number of boats ever exceed this criteria, the commission will immediately instruct the harbormaster to reduce the number of moorings in the impacted area to the level required to maintain safe shellfishing.

(Code 1967, § 13-12-2(A), (B))

Sec. 14-133. Description of zones.

The following is a description of the water zones:

(1)     Zone C. This is the Commercial area from the Mass./R.I. State Line (N41° 40.500') heading south to (N41° 40.000') and approximately 150 feet from the MHW line of the Sakonnet River heading west to approximately 600 feet from the MHW line. This area is designated Industrial Waterfront and Commercial Navigation Channel type 6 by CRMC. This area is DEM Estuary Water Quality Standards Category SB waters and also Estuary Water Quality Assessment category 5 waters. Commercial moorings limited to 20 in this area. The size of this zone is 2,461,140 square feet or 56.5 acres and approximately 1.5 miles long.

(Note: Petroleum-carrying vessels or barges shall use a floating oil barrier when anchored or moored in town waters.)

(2)     Zone N. This is the north area from the south end of Zone C (N41° 40.000') heading south to (N41° 39.250') and approximately 150 feet from the NHW line west to 400 feet from MHW line. This area is designated Industrial Waterfront and Commercial Navigation Channel type 6 by CRMC. This area is DEM Estuary Water Quality Standards Category SB waters and also Estuary Water Quality Assessment category 5 waters. The zone is predominately an area of residential waterfront homes. In order to maintain privacy of the homeowners and to provide a safe distance between boats this area, a limit of 75 moorings, excluding riparian moorings is established. The size of this zone is 3,698,244 square feet or 84.9 acres and approximately 2.2 miles long.

(3)     Zone NS. This is the north/southern end area starts south of the Starwoods dock (N41° 39.100) and runs south to (N41° 38.355), which is approximately 100 feet from the north side of the old railroad bridge abutment and 100 feet from the MHW line of the Sakonnet River heading west to approximately 400 feet from the MHW line. This area is designated Commercial and Recreational Harbor Type 5 by CRMC. This area is DEM Estuary Water Quality Standards Category SB waters and also Estuary Water Quality Assessment category 5 waters. This zone is predominately an area of residential waterfront homes. This area has a limit of 40 moorings excluding riparian moorings. The size of this zone is 1,515,888 square feet or 34.8 acres and approximately 1.8 miles long.

(4)     Zone TB. This area is divided into four areas, TB/N — North, TB/SA — South of Anthony Point, TB/SS — South of Standish Marina, TB/SE-South End, and are known as "Tiverton Basin" area of the Sakonnet River. These areas are set to have access fairways between them. The westerly boundary is the edge of the navigation channel. The northern limit is south of the Sakonnet River bridge at approximately (N41° 32.260), and the southern limit is a line approximately 50 feet north of the "Old Stone Bridge" foundation. This area is designated High Intensity Boating type 6 by CRMC. This area is DEM Estuary Water Quality Standards Category SB waters and also Estuary Water Quality Assessment category 2 waters. This area is limited to 158 moorings including riparian moorings. The total size of this zone is approximately 1,818,630 square feet or approximately 44.9 acres and approximately 2.1 miles long. The individual areas are listed below:

(5)     Zone NN. This area, "Nanaquaket Neck", is the area on the west side of Nanaquaket Neck with a north line at approximately (N41° 37.108) running east west to approximately 100 feet from the MHW line on the east side of the Sakonnet River, south to an east west line at approximately (41° 35.925). The western boundary is a line within the north south parameter out to approximately 500 feet from the MHW line on the east side of the Sakonnet River. This area is designated conservation area type 1 by CRMC. This area is DEM Estuary Water Quality Standards Category SA waters and also Estuary Water Quality Assessment category 2 waters. The zone is predominately an area of residential waterfront homes. In order to maintain privacy of the homeowners and to maintain water quality in this area, a limit of 50 moorings, excluding riparian moorings is established. All applicants must demonstrate access, parking, and dinghy storage for this area. The size of this zone is 8,102,160 square feet or 186 acres and approximately 3.7 miles long.

(6)     Zone P. This area, "Nanaquaket Pond", is divided into two areas, P/E-Pond Eastern half of Nanaquaket Pond, P/W-Pond Western third of Nanaquaket Pond, with a 200-foot fairway down the center running northwest to southeast. The P/E starts at the Nanaquaket bridge abutment (N41° 37.045) to Lawrence Court (41° 36.400) is limited to 34 moorings. The P/W area runs along the western shore and is mainly used by riparian property owners, and is limited to 20 moorings. This area is designated conservation area type 1 by CRMC. This area is DEM Estuary Water Quality Standards Category SA waters and also Estuary Water Quality Assessment category 1 waters. The waters of Nanaquaket Pond offers the only substantially protected mooring area in the town and are also an important source for shellfishing activities. Because of the sensitive environmental nature of Zone P and substantial land support areas, this zone shall be limited to riparian owned moorings and applicants demonstrating access and off street parking. Dingy storage shall not be on town or state property without permit. The Nanaquaket Pond area is used as a harbor of refuge, a shellfish area, and for other water related recreational activities. The total size of this zone is approximately 4,229,676 square feet or approximately 44.9 acres and approximately 2.1 miles long. The individual areas are listed below:

(7)     Zone S. The Seapowet area is a rectangle north of Seapowet Point and South of Jacks Island. This area is used by riparian mooring holders and is limited to 15 moorings. This area is low intensity boating and shellfish area and designated conservation area type 1 by CRMC. This area is DEM Estuary Water Quality Standards Category SA waters and also Estuary Water Quality Assessment category 2 waters. The size of this zone is 2,073,456 square feet or 47.6 acres and approximately 1.1 miles long.

(8)     Zone FN. The Fogland Beach North/Wilcox Hill area is a rectangle with the north end running east west (N41° 36.670) between 100 feet and 600 feet from the east side of the Sakonnet River. Then south to an east west line (N41° 33.800). This area is low intensity boating and shellfish area and designated Conservation area type 1 by CRMC. This area is DEM Estuary Water Quality Standards Category SA waters and also Estuary Water Quality Assessment category 2 waters. It is located relatively close to one of the access points to moorings in Tiverton. Because of the high water quality of the zone it will be limited to 52 moorings, excluding riparian mooring owners. It should also be noted that occasionally this area experiences rough weather and moorings placed in this area should be gauged appropriately. All applicants must demonstrate access, parking, and dinghy storage for this area. The size of this zone is 11,064,240 square feet or 254 acres and approximately 2.8 miles long.

(9)     Zone FS. The Fogland Beach South/High Hill area is bound north by an east west line just north of the Fogland Boat Ramp and running south between 100 feet and 500 feet of the east side of the Sakonnet River to a point just north of the Tiverton-Little Compton line (41° 32.825). Because of the high water quality of the zone it will be limited to 25 moorings, excluding riparian mooring owners. It should also be noted that occasionally this area experiences rough weather and moorings placed in this area should be gauged appropriately. All applicants must demonstrate access, parking, and dinghy storage for this area. The size of this zone is 2,609,244 square feet or 59.9 acres and approximately 1.5 miles long.

(10)   Conservation zones. Conservation zones are those waters exclusively designated for the protection of water quality, wildlife, and plant habitat values. Moorings and fixed structures are prohibited except in the case of riparian owners whose property is adjacent to the conservation zone.

(11)   Grinnell's Beach Zone. This zone consist of those waters on the south side of the old Stone Bridge abutment, following MHW line south to the Nannaquaket Bridge and extend out into the Sakonnet River to the eastern edge of the navigation channel. The area contains a town beach and state shellfishing management area. No moorings are to be in this zone other than those of riparian owners.

(12)   Commercial zone. This zone in north Tiverton should be used for commercial fisheries, commercial shipping, boat repair, port facilities, and other commercial water dependant activities. Moorings in this area should only be available to commercial applicants and riparian owners.

(Code 1967, § 13-12-2(C)—(N); Ord. of 8-22-11, § 4)

Secs. 14-134—14-150. Reserved.

Subdivision III. Transient Anchorage and Dockage

Sec. 14-151. Permitted; limitations.

Transient anchorage is permitted in all the waters of the town, except navigation channels and fairways, on a space-available basis and for up to 48 hours. The consent of the harbormaster is required for visits in excess of 48 hours. Anchored vessels may not be left unattended. The owner, operator, crew and/or guests shall be available to tend to the vessel in the event of heavy weather. If anchored in a mooring zone, it shall be the vessel captain's responsibility to remain clear of all moored vessels.

(Code 1967, § 13-13-1)

Sec. 14-152. Designation of dockage space.

In accordance with the town harbor and coastal waters management plan, dockage space for transient boats may be designated by the commission should a town dock be developed. Rules and regulations for such dockage may be established by the commission.

(Code 1967, § 13-13-2)

Secs. 14-153—14-170. Reserved.

Subdivision IV. Mooring Placement/Occupation

Sec. 14-171. Approval required; removal.

No mooring shall be placed in the waters of the town without approval. Illegal moorings will be removed as per section 14-114 of this Code.

(Code 1967, § 13-14-1)

Sec. 14-172. Extension into designated fairway.

No vessel moored or anchored shall extend into a designated fairway.

(Code 1967, § 13-14-2)

Sec. 14-173. Occupation of private mooring.

No boat shall occupy a private mooring other than the one for which it is registered. The harbormaster may permit the temporary use of a mooring by another boat upon application by the registered permitholder.

(Code 1967, § 13-14-3)

Sec. 14-174. Mooring inspection.

(a)      Every permitholder is expected to maintain his mooring tackle in safe condition. Failure to maintain a safe mooring shall be cause for revocation of the mooring permit.

(b)      All moorings should be inspected on a bi-annual basis. Bi-annual inspections must be performed by a qualified commercial authority on the Town of Tiverton's mooring contractors list. Inspections shall be on a year corresponding with the odd/even number of the year and the mooring number.

(Code 1967, § 13-14-4; Ord. of 8-22-11, § 4)

Sec. 14-175. Mooring numbering.

Each mooring in the waters of the town will be assigned a number by the harbormaster or his designee. The number will be displayed in contrasting color in two places on each mooring buoy or pickup float in block letters at least three inches in height. Weight of ground tackle will be indicated on the float or ball.

(Code 1967, § 13-14-5; Ord. of 8-22-11, § 4)

Sec. 14-176. Mooring fees.

(a)      Fees, to accompany application for a mooring permit, are to be established by the council upon recommendation of the commission. Such fees are required to be submitted with the applications for the mooring permit issuance or renewal. No mooring shall be placed in the waters of the town without approval. Illegal moorings will be removed as per section 14-114 of this Code.

(b)      The commission shall annually recommend separate fees for resident and nonresident users of recreational and commercial moorings. It is the intent of this article that funds derived from these fees defray the expenses budgeted by the town for the operation of the harbormaster and the commission. Additional funds made available by the state for operation of the harbor are proposed by the state vessel licensing procedure.

(c)      All fees and state funds shall be directed to the town's general fund and allocations shall be made through the budget process of the town.

(Code 1967, § 13-14-6; Ord. of 8-22-11, § 4)

Sec. 14-177. Minimum mooring specifications (steel anchors).

The following are mushroom anchor and tackle specifications deemed to be the minimum recommended for holding in the town's mooring areas. Exceeding these minimum values is always recommended. For concrete note the holding power is inferior to a mushroom, because of this take the concrete weight and divide by eight to find its steel equivalent weight.

Boats greater than 65 feet in length shall comply with the harbormaster's directions.

(Code 1967, § 13-14-7; Ord. of 12-14-09; Ord. of 8-22-11, § 4)

Secs. 14-178—14-190. Reserved.

Subdivision V. Other Regulated Activities

Sec. 14-191. Vessel speed.

No vessel shall operate within designated mooring areas, designated area north of the Tiverton Basin, and the Tiverton Basin at a speed which may cause a wash or wake likely to cause property damage or endanger people. In no event shall any boat exceed the speed limit of five statuate miles per hour in any of the mooring areas listed in this section.

(Code 1967, § 13-15-1; Ord. of 8-22-11, § 4)

Sec. 14-192. Skiing, paragliding, surfboarding, wind-surfing, jet skis.

No person shall operate or manipulate any vessel, tow rope or other device by which the direction or location of water skis, surfboard or similar device or any person thereon is deemed to be at risk to collide with or strike against any object or person. Under no circumstances will waterskiing, paragliding or jet skiing be permitted in any mooring area or within 300 feet of the town beaches.

(Ord. of 1-28-13(1) )

Sec. 14-193. Swimming.

Diving and/or swimming off all bridges is prohibited. Swimming in all channels, fairways, and within mooring areas is prohibited. The area west of Seapowet and Fogland Points present dangerous swimming conditions.

(Ord. of 1-28-13(1) )

Sec. 14-194. Discharge of refuse.

It shall be a violation of this article to willfully discharge any refuse or waste matter, petroleum product or byproduct, paint, varnish, chemicals, dead animals, dead fish or other debris into harbor waters. Rhode Island is a NO DISCHARGE state.

(Code 1967, § 13-15-4; Ord. of 8-22-11, § 4)

Cross reference(s)—Solid waste management, ch. 66.

Sec. 14-195. Marine toilet and sewage discharge.

Discharge of sewage or other contaminants from marine toilets or land-based outlets is prohibited in town and all Rhode Island waters. In order to provide an acceptable method of sewage disposal from vessels, all commercial boatyards and marinas with five or more slips or moorings, or combination thereof, will have in place an effective and functional method of pumping out sewage stored on vessels. A plan for such a facility must be on file in the town hall and be in compliance with all current state regulations for such facilities. Fines for illegal sewage disposal into town waters will be established by the council and enforced by the town police department with the assistance of the harbormaster's staff. Periodic inspections of pump-out facilities will be conducted by the harbormaster's staff and faults shall be repaired within 14 days of a citation.

(1)     The town may provide a pump-out vessel for mooring holders and transient boaters. Transient boaters and mooring holders will be charged the state maximum fee allowed for this service. Persons occupying commercial moorings may elect to use this service as a transient boater and pay the appropriate fee. If a town pump-out vessel is provided, the service will be approximately six to 12 hours a week weather permitting.

(Ord. of 1-28-13(1) )

Cross reference(s)—Solid waste management, ch. 66.

Sec. 14-196. Abandoned vessels.

When, in the opinion of the harbormaster, a vessel has been abandoned in the waters of the town, the harbormaster may take custody and control of such vessel and remove it, store it or otherwise dispose of it, all at the expense and sole risk of the vessel owner. Reasonable notice of such disposal shall be publicly given. The harbormaster shall assume all of the duties and powers of the commissioner of wrecks and shipwrecked goods, as delineated in G.L. 1956, §§ 46-10-1—46-10-13.

(Code 1967, § 13-15-6)

Cross reference(s)—Junked, abandoned and inoperable vehicles, § 38-26 et seq.

Sec. 14-197. Lines, rigging and halyards.

Any unattended vessel at anchor or moored within the waters of the town shall have all lines, rigging and halyards secured according to sound seamanship practices so as to avoid coming loose and/or creating a noisy disturbance under ordinary circumstances.

(Code 1967, § 13-15-7)

Sec. 14-198. Town boating facilities.

Upon the establishment of a town boat ramp, dock or other public boating facility, this article authorizes the commission to establish rules, regulations and fees for the use of such facilities with the approval of the council and in compliance with appropriate state and federal law.

(Code 1967, § 13-15-8)

Sec. 14-199. Special events.

The commission, with the approval of the council, may authorize, in accordance with all appropriate state and federal guidelines, certain special events, such as swimming races, regattas or other marine and maritime activities, that may from time to time be held on or in the waters under the jurisdiction of the town.

(Code 1967, § 13-15-9)

Sec. 14-200. Shallow water activities.

Wherever significant water habitats are identified by the council or commission, the harbormaster will restrict activities within that area to protect its fragile shallow water habitat.

(Ord. of 1-28-13(1) )

Secs. 14-201—14-215. Reserved.

DIVISION 1. GENERALLY

Sec. 14-216. Declaration of town policy.

It is the policy of the town to promote safety for person and property in and connected with the use, operation and equipment of vessels, and to promote uniformity of laws relating thereto as in G.L. 1956, § 43-22-1 et seq.

(Code 1967, ch. 13, art. III, § 1)

Sec. 14-217. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Director means the town harbormaster.

Motorboat means any vessel whether or not the vessel is propelled by machinery. For purposes of this article, motorboat shall not include houseboats, any ferry, canoes and rowboats, without engines, 12 feet in length or less.

Operate means to navigate or otherwise use a motorboat or a vessel.

Owner means a person, other than a lien holder, having the property in or title to a motorboat. The term includes a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved or created by agreement and securing payment or performances of an obligation, but the term excludes the lessee under a lease not intended as security.

Personal watercraft means a small class A vessel less than 16 feet in length which uses an outboard motor or an inboard motor powering a water jet pump as its primary source for motive power; and which is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the vessel, rather than the conventional manner of sitting or standing inside of the vessel.

Vessel means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

Waters of the town means any waters within the territorial limits of the town.

(Code 1967, ch. 13, art. III, § 2; Ord. of 8-22-11, § 4)

Cross reference(s)—Definitions generally, § 1-2.

Sec. 14-218. Enforcement of article.

The town harbormaster, assistant harbormaster, harbor patrol officers, and police officers accompanied by harbor patrol officers are authorized by the council to stop and board any vessel subject to this article, and make arrests under the provisions of this article and shall have the power to:

(1)     Enforce all laws, rules and regulations pertaining to town ordinances and state laws.

(2)     Execute all warrants and search warrants for the violation of ordinance laws, rules and regulations relating to town ordinances.

(3)     To arrest any person, without a warrant and with probable cause, any person violating any ordinance, law, rule or regulation relating to this article.

(Code 1967, ch. 13, art. III, § 14; Ord. of 12-14-09; Ord. of 8-22-11, § 4)

Sec. 14-219. Prosecution of violations.

The town harbormaster, assistant harbormaster and police officers may, by virtue of their respective offices, make complaints of any violations of this article, and they shall not be required, either jointly or individually, to give recognizance or to furnish surety for costs or be liable for costs of those complaints.

(Code 1967, ch. 13, art. III, § 15)

Sec. 14-220. Penalty for violation of article.

In addition to any other penalties specified in this article:

(1)     Any person who violates any provisions of sections 14-221 through 14-225 and 14-230 through 14-233 or who violates any rule or regulation made under the provisions of this article shall be guilty of a misdemeanor and shall be subject to a fine not to exceed $100.00 for each violation.

(2)     Any person found guilty shall be responsible for court costs.

(Code 1967, ch. 13, art. III, § 18)

Sec. 14-221. Operation of unnumbered motorboats.

Every motorboat on the waters of this state shall be numbered. No person shall operate or give permission for the operation of any motorboat on those waters unless the motorboat is numbered in accordance with this article, or in accordance with applicable federal law, or in accordance with a federally approved numbering system of another state, and unless:

(1)     The certificate of number awarded to the motorboat is in full force and effect; and

(2)     The identifying number set forth in the certificate of number is displayed on each side of the bow of the motorboat.

(Code 1967, ch. 13, art. III, § 3)

Sec. 14-222. Vessel classification and required equipment.

(a)      Motorboats subject to the provisions of this article shall be divided into four classes as follows:

(1)     Class A, less than 16 feet in length;

(2)     Class 1, 16 feet or over and less than 26 feet in length;

(3)     Class 2, 26 feet or over and less than 40 feet in length; and

(4)     Class 3, 40 feet or over and not more than 65 feet in length.

(b)      Every motorboat, in all weathers, from sunset to sunrise, shall carry and exhibit the following lights when underway, and during that time no other lights which may be mistaken for those prescribed shall be exhibited:

(1)     Every motorboat of classes A and 1 shall carry the following lights:

a.        A bright white light aft to show all around the horizon.

b.       A combined lantern in the fore part of the vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to two points abaft the beam of their respective sides.

(2)     Every motorboat of classes 2 and 3 shall carry the following lights:

a.        A bright white light in the fore part of the vessel, as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light ten points on each side of the vessel; namely, from right ahead to two points abaft the beam on either side.

b.       A bright white light aft to show all around the horizon and higher than the white light forward.

c.        On the starboard side, green lights so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side. On the port side, a red light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side. The side lights shall be fitted with inboard screen of sufficient height so set as to prevent these lights from being seen across the bow.

(3)     Motorboats of classes A and 1, when propelled by sail alone, shall carry the combined lantern, but not the white light aft, prescribed by this section. Motorboats of classes 2 and 3, when so propelled, shall carry the colored side lights, suitably screened, but not the white lights prescribed in this section. Motorboats of all classes, when so propelled, shall carry, ready at hand, a lantern or flashlight showing the white light which shall be exhibited in sufficient time to avert collision.

(4)     Every white light prescribed by this section shall be of such character as to be visible at a distance of at least two miles. Every colored light prescribed by this section shall be of such character as to be visible at a distance of one mile. The word "visible" in this subsection, when applied to lights, shall mean visible on a dark night with clear atmosphere.

(5)     When propelled by sail and machinery, any motorboat shall carry the lights required by this section for a motorboat propelled by machinery only.

(c)      Any vessel may carry and exhibit the lights required by the federal regulations for preventing collisions at sea, 1948, Federal Act of October 11, 1951 (33 USC 143-147d), as amended (released by Pub. L. 88-131, 3, Sept. 24, 1963; for present similar provisions see 33 USC 200 et seq.) in lieu of the lights required by subsection (b) of this section.

(d)      Every motorboat in class 1, 2 or 3 shall be provided with an efficient whistle or other sound-producing mechanical appliance.

(e)      Every motorboat shall be provided with an efficient auditory and visual coast guard approved distress signals for both night and day use.

(f)       Every vessel shall carry at least one life preserver, or life belt, or ring buoy, or other device of the sort prescribed by the regulations of the U.S. Coast Guard, for each person on board, so placed as to be readily accessible; provided, however, that every motorboat carrying passengers for hire shall carry, so placed as to be readily accessible, at least one life preserver of the sort prescribed by the regulations of the U.S. Coast Guard, for each person on board.

(g)      Every motorboat shall be provided with such number, size and type of fire extinguishers, capable of promptly and effectually extinguishing burning fuel, as may be prescribed by the regulations of the U.S. Coast Guard, which fire extinguishers shall be at all times kept in condition for immediate and effective use and shall be so placed as to be readily accessible.

(h)      The provisions of subsections (d), (e) and (g) of this section shall not apply to motorboats/vessels while competing in any race conducted pursuant to section 14-233 or, if the boats be designed and intended solely for racing, while engaged in such navigation as is incidental solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race.

(i)       Every vessel shall have the carburetor or carburetors of every engine therein, except outboard motors, using gasoline as fuel, equipped with such efficient flame arrestor, backfire trap, or other similar device as may be prescribed by the regulations of the U.S. Coast Guard.

(j)       Every vessel, except open boats, using as fuel any liquid of a volatile nature, shall be provided with such means as may be prescribed by the regulations of the U.S. Coast Guard, for properly and efficiently ventilating the bilges of the engine and fuel tank compartments so as to remove any explosive or flammable gases.

(k)      No person shall operate or give permission for the operation of a vessel, which is not equipped as required by this section, or a modification of this section.

(Code 1967, ch. 13, art. III, § 4)

Sec. 14-223. Identification numbers, registration fees and exemptions.

Identification numbers, registration fees and exemptions shall be in accordance with the state General Laws, as amended, and United States Coast Guard Regulations, as amended.

(Code 1967, ch. 13, art. III, § 5)

Sec. 14-224. Boat liveries.

(a)      The owner of a boat livery shall cause to be kept a record of the name and address of the person hiring any vessel which is designed or permitted by him to be operated as a motorboat; the identification number thereof; and the departure date and time, and the expected time of return. The record shall be preserved for at least six months.

(b)      Neither the owner of the boat livery nor his agent or employee shall permit any motorboat or any vessel designed or permitted by him to be operated as a motorboat to depart from his premises, unless it shall have been provided, either by owner or renter, with the equipment required in section 14-222 and any rules and regulations made pursuant thereto.

(Code 1967, ch. 13, art. III, § 6)

Sec. 14-225. Muffling devices.

The exhaust of every internal combustion engine used on any vessel shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. Outboard motors shall be equipped with underwater exhausts of standard manufacture as furnished by marine supply dealers. The use of cutouts is prohibited, except for motorboats competing in a regatta or boat race as approved in section 14-233, and for such motorboats while on approved trial-runs or during a period not to exceed 48 hours immediately preceding the regatta or race and for the motorboats, while competing in official trials for speed records, during a period not to exceed 48 hours immediately following the approved regatta or race.

(Code 1967, ch. 13, art. III, § 7)

Cross reference(s)—Noise, § 38-101 et seq.

Sec. 14-226. Prohibited operations.

(a)      No person shall operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device in a reckless manner so as to endanger the life, limb or property of another.

(b)      No person shall operate any motorboat or vessel or manipulate any water skis, surfboard or similar device while intoxicated or under the influence of any narcotic drug, barbiturate or marijuana. A person arrested and charged with operating any motorboat or vessel, or manipulating any water skis, surfboard, or similar device, while under the influence of intoxicating liquor or narcotic or habit-forming drugs, shall have the right to be examined at his own expense immediately after his arrest, by a physician selected by him, and the officer so arresting or so charging that person shall immediately inform that person of this right and afford him a reasonable opportunity to exercise this right, and at the trial of that person the prosecution must prove that he was so informed and was afforded the opportunity.

(c)      No person shall operate a motorboat or vessel within a water area, which has been clearly marked, in accordance with, and authorized by, the town ordinances, laws of the state and the Coast Guard of the United States, by buoys or some other distinguishing device as a bathing, swimming or otherwise restricted area; provided, however, that this section shall not apply in the case of an emergency, or to patrol or rescue craft. The town is hereby authorized to establish maximum speeds for boats in the harbors and waterways at five miles per hour, no wake. Any such speed limits duly established by the town, state or the United States Coast Guard, pursuant hereto, shall have the full force and effect of law, and a violation of such limits shall be a misdemeanor in accordance with the penalties enumerated in section 14-229.

(d)      No person shall operate any motorboat, vessel or seaplane in a manner which shall unreasonably or unnecessarily interfere with any other motorboat, vessel, or seaplane, or with the free and proper navigation of the waterways of the state. Anchoring under bridges or in heavily traveled channels shall constitute interference if unreasonable under the prevailing circumstances.

(e)      No motorboat, vessel or seaplane shall be docked or made fast to any pier, wharf or other shore structure without the consent of the owner of such structure, except in the case of an emergency.

(Code 1967, ch. 13, art. III, § 8)

Sec. 14-227. Flotation devices for children.

Any child 12 years of age or under on the waters of this state shall require that the child wear a personal flotation device approved by the United States Coast Guard.

(Code 1967, ch. 13, art. III, § 9.A; Ord. of 8-22-11, § 4)

Sec. 14-228. Speeding; penalties for violation of section.

(a)      No person shall operate any motorboat or vessel in any harbor or inlet or any pond or other confined body of water in this town in excess of 45 statuate miles per hour during the hours from sunrise to sunset and 25 statuate miles per hour during periods of darkness or other periods of restricted visibility; provided, however, nothing in this section shall prohibit the posting of lesser speed limits where deemed necessary by the appropriate state or local authority.

(b)      Violations of this section shall be as follows:

(1)     The first violation if no greater than ten miles per hour over the speed limit shall be a civil offense which shall require payment of an assessment fee as established by town council resolution and may be required to attend a boating safety course.

(2)     Any violation in excess of ten miles per hour over the speed limit shall be deemed a misdemeanor with fines for a first, second and third or subsequent offense as established by town council resolution. The violator may also be required to attend a boating safety course.

(3)     State, federal, local law enforcement rescue agencies and good samaritans may exceed this speed limit when responding to an emergency or law enforcement action, provided that this speed does not endanger any person not involved in this action.

(c)      The operation of personal watercrafts use, speed, age of operator, and area of operation shall be regulated by the town, the state department of environmental management and the United States Coast Guard.

(d)      Previous violations will not be considered after a period of 36 months without a violation.

(Code 1967, ch. 13, art. III, § 9.B; Ord. of 8-22-11, § 4)

Sec. 14-229. Wake.

(a)      Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Excessive wake means the after wave created by the passage of a motorboat or vessel through the water above headway speed or above the posted speed limit, whichever is lower.

Headway speed means the speed necessary to allow steerage of a vessel or motorboat.

(b)      Exceeding speed limits; creation of wake; penalties for violation of section. No person shall operate a motorboat or vessel adjacent to or within designated town moorings or harbor areas in excess posted speed limits. In no event shall the vessel exceed the posted speed limits so as to create an excessive wake. The operator and owner of any vessel or motorboat shall be responsible for any damage or injury that may result from the vessel's wake.

(1)     The first violation, if no damage or personal injury is caused, shall be deemed to be a civil offense which shall require payment of a $25.00 assessment fee and may be required attendance at a safety boating course. In the event of damage or personal injury, the first violation may be deemed to be a misdemeanor. Fines other than a civil offense are as follows:

a.        First offense, $25.00;

b.       Second offense, $50.00; and

c.        Third offense, $100.00.

(2)     State, federal, local law enforcement rescue agencies and good samaritans may exceed this wake limit when responding the emergency or law enforcement action; provided, however, that this speed does not endanger any person not involved in this action.

(Code 1967, ch. 13, art. III, §§ 9.C, 9.D)

Sec. 14-230. Collisions, accidents and casualties.

It shall be the duty of the operator of any motorboat or vessel involved in a collision, accident, or other casualty, so far as he can do so without serious danger to his own vessel, crew and passengers, if any, to render to other persons affected by the collision, accident or other casualty, such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident or other casualty. He shall also give his name, address and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident or other casualty. Vessel owners whose vessel is involved in an accident, casualty, vandalism, or theft exceeding $2,000.00 must make written reports to the DEM of damages or losses within five days of the incident. Report forms are available with the harbormaster or by contacting DEM's Division of Law Enforcement Office at 401-222-2284 or on the Internet at:

www.dem.ri.gov/programs/bnatres/enforce/pdfs/boatacc.pdf.

(Code 1967, ch. 13, art. III, § 10; Ord. of 8-22-11, § 4)

Sec. 14-231. Transmittal of information.

In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the town harbormaster, pursuant to section 14-237 or section 14-238, shall be transmitted to that official or agency of the United States.

(Code 1967, ch. 13, art. III, § 11)

Sec. 14-232. Water skis and surfboards.

(a)      No person shall operate a vessel on any waters of this town for towing a person on water skis or a surfboard or similar devices unless there is in the vessel a person at least 12 years of age, in addition to the operator, in a position to observe the progress of the person being towed. There shall be aboard the vessel, in addition to those required for the persons aboard the vessel, at least one life preserver or ring buoy for the person being towed. The person being towed shall also be required to wear an appropriate lifebelt or lifejacket.

(b)      No person shall operate a vessel on any waters of this town towing a person on water skis, a surfboard, or similar device, nor shall any person engage in water skiing, surfboarding, or similar activity at any time between the hours from one-half hour after sunset to one-half hour before sunrise.

(c)      The provisions of subsections (a) and (b) of this section do not apply to a performer engaged in a profession exhibition or a person engaged in an activity authorized under section 14-233.

(d)      No person shall operate or manipulate a vessel, tow rope, or other device by which the direction or location of water skis, a surfboard or similar device may be affected or controlled in such a way as to cause the water skis, surfboard or similar devices or any person thereon to collide with or strike against any object or person.

(Code 1967, ch. 13, art. III, § 12; Ord. of 8-22-11, § 4)

Sec. 14-233. Owner's civil liability.

The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of the vessel, whether the negligence consists of a violation of the provisions of the ordinances of the town, or neglecting to observe such ordinary care and such operation as the rules of the common law required. The owner shall not be liable, however, unless the vessel is being used with his express or implied consent.

(Code 1967, ch. 13, art. III, § 13)

Sec. 14-234. Refusal to stop on order or command.

It shall be a misdemeanor, punishable by a fine of not more than $200.00 for any person to refuse to move or stop on oral command of the harbormaster, assistant harbormaster, harbor patrol officer or town police officers operating from a patrol boat identified as such and exercising the duties lawfully assigned to him.

(Code 1967, ch. 13, art. III, § 16; Ord. of 8-22-11, § 4)

Sec. 14-235. Funds.

All monies collected under the provisions of this article shall be paid into the town treasury.

(Code 1967, ch. 13, art. III, § 17)

Sec. 14-236. Reporting of accidents, casualty, vandalism and thefts.

The operator or owner of a vessel on the waters of this state, involved or whose vessel is involved, in an accident, casualty, vandalism or theft in excess of $500.00, or other casualty which results in death or injury to a person, shall report the same, and immediately give notice of the incident to the town police department or state police. If the local or state police are notified, it shall be the duty of the officer receiving the notice to immediately give notice of the incident to the state department of environmental management. If the state department of environmental management is notified, it shall be the duty of the employee of the department receiving the notice to give notice of the incident to the state and local police of the town wherein the incident occurred within 24 hours in the following circumstances: Thefts in excess of $100.00, or any accident which results in bodily injury or death to a person. In order to allow more complete investigations of theft, all motorboats manufactured after 1971, required to apply for numbering, shall provide to the state department of environmental management, at the time of the next annual application, the full hull identification number of the vessel. Homemade vessels may apply to the state department of environmental management for identification numbers.

(Code 1967, ch. 13, art. III, § 20)

Sec. 14-237. Owner required to make written reports.

The owner of a vessel involved in an accident, casualty, vandalism or theft in excess of $500.00 shall, within five days after the incident, forward a written report of the incident to the state department of environmental management, on forms provided by the department.

(Code 1967, ch. 13, art. III, § 21)

Sec. 14-238. Scuba divers, skin diving or snorkeling; warning flags; penalty for violation of section.

(a)      Any person scuba diving, skin diving, or snorkeling in an area where power or motorboats may be operated shall place a warning flag on a buoy at a place of his submergence. The flag shall be at least 12 inches by 12 inches with a white stripe running from the diagonal corners which stripe shall be one-quarter as wide as the flag, or conspicuously flown upon a boat which he is then using in the area, in which case the flag shall be at least 18 inches by 18 inches and with a white stripe running from one upper corner to a diagonal lower corner, which strip shall be one-quarter as wide as the flag itself. The flag shall be in place only while diving operations are in progress, and, during the hours between sunset and sunrise, the flag shall be illuminated by a light shining on the flag. Motorboats shall not be operated within 50 feet of any flag. No person shall be in violation of this section if he travels within 50 feet of a scuba diver or snorkeler who is in fact obstructing navigation on a navigable fairway.

(b)      Any person violating the provisions of this section may be deemed guilty of a misdemeanor and may be subject to a fine of not more than $100.00.

(c)      However, any person using the scuba diving, snorkel diving, or skin diving flag with the intention of obstructing navigation may be guilty of a misdemeanor, and may also be subject to a fine of not more than $100.00.

(Code 1967, ch. 13, art. III, § 22)

Sec. 14-239 Certificate of boating safety education.

(a) (1) No person born on or after January 1, 1986 shall operate a vessel that is fitted with propulsion machinery of more than ten horsepower on the waters of this state unless the person shall have successfully completed a boating safety education program as approved by the director of the department of environmental management.

(2)     The content of acceptable boating safety education programs shall meet the minimum standards and guidelines and be approved by the National Association of State Boating Law Administrators (NASBLA). Acceptable programs shall include those NASBLA approved courses offered by the state, the United States Coast Guard Auxiliary, the United States Power Squadrons or any other course approved by the director.

(3)     Instructors shall meet the minimum requirements as established by NASBLA and shall be certified by the state.

(4)     Upon completion of a boating safety course, a written test shall be administered under the direct supervision of a certified instructor. The test shall include at least 25 questions, scored on a 100 percent scale, and have a passing grade of 70 percent or better. Test results shall be maintained by the department of environmental management, division of enforcement.

(5)     The department shall issue a durable certificate of completion that meets the NASBLA guidelines. The certificate of completion shall be presented upon request of any authorized law enforcement officer to show proof of compliance.

(6)     A challenge exam, meeting the standards of subsection (d) proctored and administered by a certified instructor, shall be made available to those individuals that wish to review the requirements of this section. The exam may be administered to a candidate two times. Failure of the examination on the second attempt will require the candidate to retake and/or complete the same and/or a different boating safety education program as provided for in this section.

(7)     Any person having in his or her possession a certificate of completion of any boating safety course approved by NASBLA shall be considered to be in compliance with this chapter and can request that a certificate be issued by the department.

(b)      The following persons shall be exempt from the educational provisions of this chapter provided that they can provide proof of exemption:

(1)     A person who operates a vessel under training, directly supervised by a person on board the vessel who 18 years of age or older and meets the requirements of subsection (a);

(2)     A person who holds a valid commercial vessel operator's license issued by the United States Cost Guard, a state, or a province;

(3)     Non-residents temporarily using the waters of this state who meet the requirements of their state of legal residence.

(c)      New residents of this state will be given 60 days to meet the requirements of this chapter.

(d)      Boat liveries that rent out boats or vessels fitted with propulsion machinery greater than ten horse power shall require all renters who do not comply with this section to watch a short instructional video approved by the director on boating safety for the type of craft rented, and pass a written examination.

(e)      Any person operating a personal watercraft as defined in G.L. § 46-22-2(6) on the waters of this state shall have successfully completed a boating safety education program as approved by the director of the department of environmental management.

(f)       Any person who violates any provision of this section shall be sanctioned as follows:

(1)     For a first offense a $50.00 fine and completion of an approved boating safety course;

(2)     For a second offense a $100.00 fine and completion of an approved boating safety course.

(Ord. of 8-22-11, § 4)

Secs. 14-240—14-255. Reserved.

DIVISION 2. PERSONAL WATERCRAFT SAFETY

Sec. 14-256. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Headway speed means the slowest speed at which a personal watercraft can be operated and maintain steerage way.

Operator means a person who operates or who has charge of the navigation or use of a watercraft.

Personal watercraft means a vessel which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing or kneeling on the vessel, rather than the conventional method of sitting or standing inside the vessel.

(Code 1967, ch. 13, art. IV, § 1)

Cross reference(s)—Definitions generally, § 1-2.

Sec. 14-257. Enforcement of division.

The town harbormaster, assistant harbormaster, harbor patrol officers, and police officers are empowered to enforce the provisions of this division.

(Code 1967, ch. 13, art. IV, § 3; Ord. of 8-22-11, § 4)

Sec. 14-258. Penalty for violation of division.

Any person who violates any provisions of this division and is prosecuted under this division or who violates any rule or regulation promulgated under this division, may be guilty of a misdemeanor and punished in accordance with section 1-7.

(Code 1967, ch. 13, art. IV, § 4)

Sec. 14-259. Regulations.

(a)      A person may not operate a personal watercraft at any time between hours from one-half hour after sunset to one-half hour before sunrise.

(b)      A personal watercraft must at all times be operated in a reasonable and prudent manner. Maneuvers which unreasonably or unnecessarily endanger life, limb, or property including, but not limited to, weaving through congested vessel traffic, or jumping the wake of another vessel unreasonably, shall constitute reckless operation of a vessel and are prohibited.

(c)      No person under the age of 16 shall operate a personal watercraft on the waters of the town unless an adult accompanies him or unless he has passed the state department of environmental management or the United States Coast Guard approved safety courses.

(d)      It is unlawful for the owner of any personal watercraft or any person having charge over or control of a personal watercraft to authorize or knowingly permit the watercraft to be operated by a person under 16 years of age in violation of this section, unless the provisions of subsection (c) of this section are met.

(e)      A person may not operate a personal watercraft within 200 feet of swimmers, divers, shore or moored vessels, except at headway speed.

(f)       Personal watercraft, when launched from shore or returning to shore, must proceed directly to the area where operation is allowed in a direction as near perpendicular as possible, not in excess of headway speed.

(g)      No person shall operate a personal watercraft unless he and any passenger is wearing a personal flotation device which is approved by the United States Coast Guard.

(h)      No person shall operate any personal watercraft in a reckless manner so as to endanger the life, limb or property of another.

(i)       No person shall operate any personal watercraft unless it is numbered in accordance with G.L. 1956, § 46-22-4.

(j)       No person shall operate a personal watercraft unless the personal watercraft is equipped by the manufacturer with a lanyard-type engine cutoff switch which must be attached to the operator of the personal watercraft.

(Code 1967, ch. 13, art. IV, § 2)

Secs. 14-260—14-275. Reserved.

ARTICLE IV. STONE BRIDGE DOCK

Sec. 14-276. Declaration of town policy.

It is the policy of the town to promote safety for persons and property in and connected with the use, operation and equipment of vessels, and to promote fair utilization of the properties and equipment of the town related to the use of the Stone Bridge Dock and related facilities meaning the dock platform, ramps and floats to the north of the Stone Bridge abutment and parking facilities located on paper road Gadsby Avenue.

(Ord. of 8-9-22(1) )

Sec. 14-277. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Boat means, for the purposes of the docking aspects of this article, a vessel not exceeding 12 feet and registered to occupy a specific tie-up point on the Stone Bridge Dock or to a transient noncommercial vessel without length limitation that may be secured to floats of the dock temporarily for a period not exceeding one hour on a first come first served basis from time to time.

Commercial vessel means any vessel used primarily for any type of commercial venture including, but not limited to, fishing, towage, salvage, the carrying of passengers for hire or the transport of cargo.

Resident means any person who is an elector, real estate taxpayer or resident of the town in accordance with this Code.

Riparian rights means the rights associated with coastal waterfront property ownership regarding access to tidal waters.

T.H.C.W.M.C. means Tiverton Harbor and Coastal Waters Management Commission; also known as the commission.

Transient dockage means any area reserved for the exclusive short-term use of recreational vessels and any vessels seeking shelter.

Vessel means watercraft, other than a seaplane, used or capable of being used as a means of transportation on water.

(Ord. of 8-9-22(1) )

Sec. 14-278. Assignment authority.

Tie-up locations are assigned by the town. Responsibility for the assignment of tie-up locations and the issuance of permits to place a tie-up lies with the commission and is carried out on their behalf by the harbormaster under article II harbor management, section 14-152.

(Ord. of 8-9-22(1) )

Sec. 14-279. Initial application for location.

Initial applications for a tie-up/parking location may be obtained online, or from the clerk's office, or from the harbormaster. A total of 12 tie-up locations shall be awarded at a random drawing of the applications submitted with a total of nine being awarded to residents and three to nonresidents. Tie-up locations and parking are not assignable, transferable and cannot be sublet. A waiting list of applicants for locations is kept on file in town hall and may be viewed by anyone during town hall office hours. The list shall contain the date of initial application.

(Ord. of 8-9-22(1) )

Sec. 14-280. Fees for location.

Initial applications for a tie-up/parking location shall be accompanied with the payment of the fee as established by the town from time to time. Any applicant not being awarded a tie-up location shall have the fee returned within one business week of awards granted.

(Ord. of 8-9-22(1) )