Chapter 15 DRINKING WATER SUPPLY RESERVOIRS

ARTICLE I. FISHING TOURNAMENTS ON DRINKING WATER SUPPLY RESERVOIRS

Sec. 15-1. Scope and application.

This article shall apply to any surface water supply used as a primary or secondary source of drinking water to a public water supply system, including without limitation, Stafford Pond and Nonquit Pond.

(Ord. of 6-10-13)

Sec. 15-2. Fishing tournaments—Permit required.

Any organized fishing tournament consisting of more than six boats shall require a permit issued by the town clerk, only after application on a form to be provided by the clerk, and satisfaction of the following requirements:

(1)     A copy of the RIDEM permit for tournament use of launching ramp or satisfactory proof that a RIDEM usage permit has been obtained by the applicant.

(2)     Insurance. The applicant shall submit proof of insurance in an amount of not less than $1,000,000.00 covering personal liability and specifically including coverage for both environmental pollution damage and clean up.

(3)     Contact information. The applicant shall provide an individual responsible for compliance with all rules and regulations, including but not limited to town ordinances and RIDEM Rules. The specific contact information to be furnished by the applicant is as follows: First and last name, mailing address, cell phone number of such individual reachable during all hours of the tournament, club or organization affiliation (if any). In addition, the applicant shall provide the date(s), arrival time(s), start time(s), and end time(s) of the permitted tournament.

(4)     Participating vessels. If known at the time of securing said permit from the Town of Tiverton, the applicant shall provide the total number of boats scheduled to participate in the tournament. If not known at the time of permitting, and if RIDEM is unable to furnish to the town after the tournament for which the applicant is securing said permit, the applicant shall notify the town of the total number of participating boats not more than one business day after the conclusion of the tournament. Notification shall be in the form of an email or phone call to the town clerk's office. Tournament boats, if not otherwise in compliance with all regulations including the limitation of motor horsepower, shall not be allowed at any times other those times set forth on both the RIDEM and Tiverton permits. If during the permitted tournament an accident or incident should occur involving any of the participating tournament boats resulting in need for further investigation by local authorities and/or environmental pollution damage, the applicant shall provide the Town of Tiverton with a list of state registration numbers of all participating boats to assist in said investigation.

(Ord. of 6-10-13)

Sec. 15-3. Penalties.

Any violation of this chapter shall be a violation of this Code of Ordinances punishable by a fine of up to $500.00 per occurrence.

(Ord. of 6-10-13)

ARTICLE II. TIVERTON CONSERVATION COMMISSION—INVESTIGATION AND REPORT

Sec. 15-4. Investigation.

The conservation commission (including its Stafford Pond Study Committee), as the local agency specifically charged by G.L. 45-51-3 to coordinate with any state agency necessary to resolve issues affecting the safety of drinking water or water quality, shall investigate and advise the town council and the RIDEM and RIDOH as to the physical and environmental condition of the pond, the ownership of the pond, the riparian and water rights of the pond, and provide such recommendations as the committee deems are reasonable and appropriate to preserve the ecological and drinking water quality of the drinking water reservoirs within the town.

(Ord. of 6-10-13)

Sec. 15-5. Reports.

The commission shall issue a written report of its findings and recommendations not later than October 1, 2013, addressing at least the following questions and discussing any other relevant issues based on its investigation:

(1)     The prohibition of all fishing tournaments to be phased in by a date to be recommended by the conservation commission.

(2)     The regulation of the number of boats per reservoir, and the regulation of the type of power source and horsepower per boat.

(3)     The prohibition of swimming and other activities.

(4)     The prohibition of depositing any materials into any reservoir.

(5)     The prohibition of seaplane activity on Stafford Pond, pending response from the FAA.

(Ord. of 6-10-13)

Secs. 15-6—15-10. Reserved.

ARTICLE III. SEAPLANE TAKEOFFS AND LANDINGS PROHIBITED

Sec. 15-11. Seaplanes defined.

For purposes of this section, a "seaplane" is defined as an airplane equipped to take off from and land on water.

(Ord. of 7-28-14)

Sec. 15-12. Seaplane takeoffs and landings prohibited.

No operator of a seaplane shall takeoff from or land in any drinking water supply reservoir located within the town, including without limitation Stafford Pond and Nonquit Pond.

(Ord. of 7-28-14)

Sec. 15-13. Enforcement and penalties.

The police department of the Town of Tiverton, and/or other appropriate official, is empowered to enforce the provisions of this article. Any violation of this article shall be a violation of this Code of Ordinances.

(Ord. of 7-28-14)

 

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