[1]
Editor's Note: History of Ordinance. This ordinance was originally
enacted on April 9, 1957. It was amended on March 9, 1959; April 13,
1964; August 7, 1969; April 23, 1970; January 24, 1974; August 8,
1974; November 7, 1974; June 23, 1977; January 18, 1979; January 10,
1980; February 19, 1981; February 4, 1982: May 20, 1982; March 16,
1983; February 21, 1985; June 5, 1986; February 5, 1987; April 20,
1989; October 24, 1991; February 20, 1992; October 7, 1993; January
6, 1994 and December 8, 1994.
[Ord. 12/8/94; amended 2-22-2024]
The jurisdiction of this section shall include the coastal waters
and harbor areas of the Town of Little Compton.
[Ord. 12/8/94; amended 2-22-2024]
The authority for the section comes from the General Laws of
the State of Rhode Island, Section 46-4-6,7.
[Ord. 12/8/94; amended 2-22-2024]
The Harbor Commission shall be the local advisory body concerning
the implementation of the Harbor Management Plan and related ordinances.
a.
Composition. The Harbor Commission shall consist of seven (7) members
who are residents of Little Compton as follows:
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One (1) owner of a recreational boat kept on a mooring, or one
who is on a waiting list for a mooring.
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One (1) joint representative of the Sakonnet Point Marina Association
Inc. and Sakonnet Point Club; (Charter amendment approved by voters
at election of November 4, 2014.)
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One (1) representative of the Sakonnet Yacht Club;
|
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One (1) commercial trip fisherman;
|
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One (1) commercial day fisherman;
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One (1) officer of the local fishermen's association;
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One (1) member of a town conservation organization.
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b.
Appointments. Members shall be appointed by the Town Council for
staggered terms of three (3) years. The original members shall be
appointed in such manner as to provide for the expiration of the term
of two (2) members in one (1) year, two (2) members in two (2) years,
and three (3) members in three (3) years.
c.
Vacancies. Vacancies shall be filled as necessary and in accordance
with the initial appointment, but only for the remainder of the term
of the former member.
d.
Officers. A Chairperson, a Vice Chairperson, and Secretary shall
be elected by the members of the Commission. Regular meetings shall
occur at least once a month. Special meetings may be called by the
Chairperson, and shall be called by the Chairperson at the request
of at least three (3) members of the Commission. The Secretary shall
keep minutes of all meetings and file such minutes promptly with the
Town Clerk. Such minutes shall append the Harbor Master's monthly
report.
e.
Powers and Duties. The Harbor Commission shall adopt as its primary
authority the current edition of Robert's Rules of Order Newly
Revised and may adopt supplementary rules of procedure. The Harbor
Commission is authorized and directed to:
1.
Recommend to the Town Council the adoption of rules and regulations,
fees, penalties, and other amendments to the Harbor Management Plan
and its subsequent ordinances;
2.
Recommend to the Town Council additional authorities and duties for
the Harbor Master, herein detailed;
3.
Recommend to the Town Council an annual budget in accordance with
the provisions of the Town to expend monies appropriated at the Annual
Financial Town Meeting.
4.
Review and make recommendations for all applications for mooring
permits and approve any permits issued.
5.
Review and revise as necessary the Harbor Management Plan and its
subsequent ordinances for Town Council and Coastal Resources Management
Council approval. The Harbor Management Plan and its ordinances shall
be reviewed and revised at least once every five (5) years.
f.
Ex-Officio Member. The Harbor Master shall be a nonvoting, ex-officio
member of the Harbor Commission.
g.
Compensation. Harbor Commission members may be compensated for any
normal expenses incurred in the performance of their duties.
[Ord. 12/8/94; amended 2-22-2024]
There shall be a Harbor Master for the Town who shall annually
be appointed by the Town Council. The Harbor Master shall serve at
the pleasure of the Town Council and shall report to the Town Council
and the Harbor Commission with the following duties:
a.
Be responsible for the administration and enforcement of the provisions
of the Harbor Management Plan and its ordinances;
b.
Process applications for the issuance of mooring permits and assign
proper placements of moorings in accordance with this ordinance;
c.
Keep a detailed, current, computerized record at the Little Compton
Town Hall of all moorings and slip information, including but not
limited to a keyed map showing location of moorings and slips; boat
owner's name, address(es) and telephone number(s), mooring permit
number, mooring system description, date mooring was set, last mooring
inspection date, vessel data as described in this section. The Harbor
Master shall maintain in his/her files a copy of the location map
and a current printout of such information.
d.
Prepare, keep current, and make available a waiting list for mooring
permits in accordance with the provisions of this ordinance if the
demand for available mooring permits is greater than the number of
available mooring locations in any given year;
e.
Supervise the design and inspection of mooring tackle in accordance
with the provisions of this section;
f.
Carry out all other powers and duties authorized to the Harbor Master
under various State and Federal marine laws, including but not limited
to Marine Sanitation Device (MSD) inspection and discharge responsibilities
afforded through the U.S. Coast Guard, MARPOL ANNEX V, Section 312
of the Clean Water Act, Title 46-22 of the General Laws of Rhode Island,
and future laws yet to be enacted.
[Ord. 12/8/94; amended 2-22-2024]
Assistant Harbor Master(s) for the Town may be appointed annually
by the Town Council and shall serve at the pleasure of the Town Council.
Assistant Harbor Master(s) shall report directly to the Harbor Master
and are authorized with the same duties as the Harbor Master, under
the direction of the Harbor Master.
[Ord. 12/8/94; amended 2-22-2024]
The Harbor Master and Assistant Harbor Master(s) shall receive
a salary at such a rate as the Town Council shall fix subject to approval
of the Annual Financial Town Meeting. The Harbor Master is responsible
for the day to day administration of a harbor management budget, with
Harbor Commission authorization.
[Ord. 12/8/94; amended 2-22-2024]
The Harbor Master shall have full power and authority to prescribe
regulations and to give directions regarding the anchorage, management
and control of all vessels within waters and harbors of the Town of
Little Compton subject to any and all State or Federal laws governing
the same. The Harbor Master may remove from any public wharf in these
harbors any vessel not engaged in receiving or discharging a cargo
or any vessel not anchored or moored according to his/her direction
in the waters over which the Harbor Master is hereby given jurisdiction,
and he/she shall charge the owner for all reasonable costs thereof.
The Harbor Master may also determine the extent, time and manner of
accommodation respecting the position of all vessels. The Harbor Master,
having due regard to the draft of each vessel and the facility of
navigation, shall designate upon a map of the waters subject to his/her
jurisdiction areas restricted to vessels moored twelve (12) months
per year, areas restricted to seasonal craft moored during certain
parts of the year, areas restricted to guest moorings, areas restricted
to all moorings, areas restricted to no moorings, and the places where
adequate permanent or temporary moorings or anchorages may be maintained.
The Harbor Master shall affix or append to this map a list or key
designating the name and address of the owner of each vessel and the
size and type thereof. No moorings or anchorages in the waters subject
to the jurisdiction of the Harbor Master shall hereafter be maintained
except at the location designated by the Harbor Master for such maintenance.
The Harbor Master shall file the map in the Town Hall and shall thereafter
maintain the same currently accurate. He/she shall also maintain a
currently correct copy thereof in a place reasonably accessible to
mariners for their convenience in consulting the same during hours
when the Town Hall would not normally be open. He/she shall, annually
on or before June 1, make a complete and accurate revision of both
his/her original master map and its copy. He/she shall issue to each
person applying to him/her therefor, a license properly keyed to this
map to maintain such permanent or temporary mooring, the license to
expire on April 1 in each succeeding year after its issuance, and
shall see to it that the said mooring is maintained at the spot designated
by him/her upon his/her map and in the license and not elsewhere,
and if the licensee or any other person shall place a mooring or maintain
anchorage elsewhere than as designated, the Harbor Master may remove
the mooring or vessel or both in his/her discretion charge the expense
of so doing to the person so placing the mooring or maintaining anchorage
in a spot other than is designated by the Harbor Master.
[Ord. 12/8/94; amended 2-22-2024]
The owner or master of any vessel of any size shall have the
right to furnish his/her own mooring ground tackle, which shall only
be placed by a qualified and insured mooring company. The owner shall
have the responsibility for its maintenance, subject to the right
of the Harbor Master to designate location of said mooring, as aforesaid,
and subject to there being space for said mooring, provided, however,
any mooring ground tackle so placed or maintained by the owner or
master or anyone else in his/her behalf shall meet the requirements
set up by the Harbor Master pertaining to design of said mooring,
scope of said mooring and any mooring not so maintained to the satisfaction
of the Harbor Master may be removed by the Harbor Master.
[Ord. 12/8/94; amended 2-22-2024]
No vessel shall be moored at any dock or in any slip in such
manner that any portion of its hull, spars or tackle extend into or
over the navigation channel. Any vessel in violation of this rule
shall be relocated immediately upon the instructions of the Harbor
Master, and if the person in control of such vessel cannot be located,
the Harbor Master shall deem appropriate at the expense of the owner,
to correct the violation.
[Ord. 12/8/94; amended 2-22-2024]
No vessel shall be navigated or operated within the waters of
the harbor of the Town of Little Compton in such manner as to create
any wake which would cause damage to other boats or in such manner
as to infringe upon the safety of other users of the harbor or at
a speed greater than five (5) miles per hour.
The use of sailboards and the use of personal watercraft as
defined by R.I. Gen. Laws 46-27-1 (commonly known as jet skis) in
the harbor is prohibited except for access and egress from June 15
to September 15. Personal watercraft are only permitted to enter or
exit the harbor at headway speed as that term is defined in R.I. Gen.
Laws 46-27-1. Headway speed means the slowest speed at which a personal
watercraft can be operated and maintain steerage way. In all of Little
Compton waters, no personal watercraft may be operated at more than
headway speed within two hundred (200) feet of swimmers, divers, shore
or moored vessels.
[Ord. 12/8/94; Ord. 10/24/96; Ord. 12/10/98; Ord. 1/9/03;
Ord. 12/5/13; Ord. 9/22/16; amended 2-22-2024]
a.
Permit Process.
1.
A mooring permit issued by the Harbor Master, with the review and
recommendations of the Harbor Commission, is required for all moorings
within and on the public waters of the Town of Little Compton. The
permit holder may renew the permit annually upon payment of the mooring
fee. No permit for a mooring shall be issued unless the mooring complies
with all the conditions of this section.
2.
Any mooring holder, who during the immediately preceding year held
a valid mooring permit for a specifically named boat which was on
its mooring for a minimum of four (4) weeks between June 1 and October
31, shall have until April 1 of the next succeeding year to reapply
for a permit. All renewal applications shall be accompanied by the
permit fee required and shall be delivered or mailed before April
1 by the United States mail and addressed to the Little Compton Harbor
Master.
3.
Failure to submit a complete and accurate application and fee payment
for a renewal permit shall result in loss of mooring space.
4.
The Harbor Master shall, during the month of January of each year,
cause application forms to be mailed to all mooring holders who held
valid permits at the end of the prior year, to the address listed
on their last permit. It shall be the burden of the permit holder
to notify the Harbor Master of any change of address.
5.
An annual review of all mooring permit owners will be conducted to
insure that the CRMC's ratio of resident mooring permit owners
to nonresident mooring permit owners will be maintained at the ratio
of 3 to 1.
b.
Application Procedures.
1.
All applications for a mooring permit, new or renewal, shall contain
the following information:
(a)
Name, address and telephone (work and home) of the boat owner.
(b)
Type, color, and name of boat.
(c)
Overall length of boat.
(d)
Beam of boat.
(e)
Draft of boat.
(f)
Type and weight of mooring anchor.
(g)
Size and length of anchor chain.
(h)
Date of last mooring inspection.
(i)
Type of MSD (Marine Sanitation Device), if any, installed on
boat.
(j)
Shoreside access point to mooring.
2.
Assignment of moorings in Sakonnet Harbor shall be limited to one
(1) mooring per immediate family. Immediate family shall be defined
as follows: spouse and or minor children.
3.
No mooring shall be licensed to any person who is not the owner of
the boat for which he or she certifies the intention to use said mooring.
Any person holding mooring license shall surrender said license when
he or she ceases to have ownership of the boat for which the mooring
was licensed and does not.
(a)
Place the named boat on its mooring for a minimum of four (4)
weeks between June 1 and October 31 of any given year. A one (1) year
absence may be requested in writing, to the Harbor Commission, after
paying the appropriate mooring fee, in the case of illness, death,
being out of the country or other valid reason. Any such request must
be received by May 1st for the next summer season absent extraordinary
circumstances. If approved, the vacant mooring shall be offered to
the next person on the waiting list with a boat of similar size, based
on the Harbor Master's judgement, for (1) one season. If accepted
that individual must also pay the appropriate mooring fee to the Town
of Little Compton.
(b)
Use the mooring for one (1) season (at least four (4) weeks
is a season) with a boat of the same size or smaller of which he or
she acquires ownership. A second condition which requires any person
holding a valid mooring license to surrender said license is if the
specifically named boat for the mooring is not placed on its mooring
for a minimum of four (4) weeks between June 1 and October 31 during
the preceding year. This condition must be fully met, even in the
event of the sale of an old boat and the purchase of a new boat of
the same or smaller size.
Ownership of a boat shall be defined as ownership of at least
a fifty-one (51%) percent monetary interest therein. The Harbor Master
shall have the authority to require any mooring licensee or applicant
for a mooring license to provide proof of ownership of the boat for
which such license was issued or is requested, and in a case of refusal
or inability to provide such proof the Harbor Master shall have the
authority to require the surrender of any such license or deny any
such application. If the registered mooring holder and owner of a
vessel or boat transfers partial or full ownership of a boat to another
person or entity other than an immediate family member, the person
or entity acquiring ownership of the boat will not become a mooring
holder until his/her/its name reaches the top of the mooring waiting
list.
4.
A permit holder during the immediately preceding year who shall need
or desire a new location shall file an application in accordance with
this section specifying the reasons for the relocation request along
with the existing mooring space number and size and type of boat.
Based on available spaces and the requirements of this section action
will be taken on the request.
5.
One Vessel Allowed per Mooring. No more than one (1) vessel shall
be moored at any mooring at any time unless the Harbor Master grants
permission to the owner of any vessel or vessels to moor two (2) or
more at the same mooring. The mooring fee as hereinbefore stated shall
be applied to every boat moored in the harbor whether the same is
located at one (1) mooring along with another vessel or singly at
any mooring.
6.
All new, first time mooring applications must be sent to the Town
Clerk to ensure it is time stamped and officially received by the
Town. The Town Clerk shall then ensure delivery of the applications
to the Harbor Master. All renewal applications must be sent to the
Harbor Master.
7.
A maximum of twenty (20%) percent of the moorings in Sakonnet Harbor
shall be made available to the owners of boats which are maintained
principally for commercial fishing purposes not to exceed a maximum
of thirty (30%) percent of the mooring field. Applicants shall be
subject to the proposed point system. The first two (2) commercial
fishing vessel moorings which become available will be reserved as
moorings for resident owners of commercial fishing vessels. In the
interim these moorings will be used as transient moorings.
8.
The Harbor Master, with the review and recommendations of the Harbor
Commission, shall approve or deny all new applications in writing,
within sixty (60) days of receipt thereof. All renewal applications
will be issued or denied in writing no later than June 1 of each year.
c.
Transferability. Mooring permits may be transferred to immediate
family members of the same or higher priority group as outlined in
paragraph d. following.
d.
Priority for Mooring Locations. The Harbor Master will maintain a
chronological list of all applicants requesting a mooring location
and ensure that the Harbor Commission and the Town Clerk receive a
copy of the list within one (1) week (seven (7) days) after each time
the list is updated. The list should be updated at least once annually
by no later than April 15.
Within the space available, providing consideration for safety
due to the size of each vessel, requests will be treated on a first
come, first serve basis. Moorings will be given out in the order in
which someone's name is placed on the waiting list, contingent
on a mooring space being available which is the length requested by
the waiting list individual. The decision will be based on the judgement
of the Harbor Master with review and approval by the Harbor Commission.
Additionally, when a commercial mooring space becomes available, it
is to be given to the next individual seeking a commercial mooring,
in order to maintain the commercial to recreational boater ratio.
If an individual on the waiting list is given a mooring space and
they then request a one (1) year delay before placing their boat on
a new mooring, they must place the appropriate size boat on the mooring
during the following season.
If there is appropriate space a boat length increase request
may be granted at the discretion of the Harbor Master with approval
of the Harbor Commission.
When a space assignment is offered to the first individual on
the mooring waiting list with a boat of the appropriate size for said
space, the individual has the privilege of refusing the space twice
and remaining at the top of the mooring waiting list. A third refusal
of an open space assignment will result in the individual being removed
from the mooring waiting list. If the individual at the top of the
list refuses a mooring assignment, the next person on the list will
be offered the available mooring location, and so on. It is the responsibility
of individuals on the mooring waiting list to keep their contact information
current with the Harbor Master. If contact information is not kept
current, the individual may be removed from the mooring waiting list.
e.
Occupation of Mooring. No boat shall occupy a mooring other than
the one for which it is registered. The Harbor Master shall have the
authority to move any boat violating the provisions of this section
and such movement shall be at the owner's expense and risk. The
Harbor Master may permit the temporary use of a mooring by another
boat of the same, or smaller size, for up to seven (7) days per year,
upon the written application of the registered permit holder. The
owner shall not receive any money, or any other form of remuneration,
for the temporary use by another boat on his or her mooring. Another
boat on the mooring does not contribute toward the four (4) week minimum
occupancy required for the permit holder's boat.
f.
Fee for License. The Harbor Master shall collect a fee from each
applicant for each license issued by him/her. The fees shall be deposited
with the Town Treasurer of the Town of Little Compton to the account
of the General Funds of the Town. License will be revoked if the application
accompanied by completed mooring inspection form as set forth in paragraph
h. below and fee is not submitted before April 1 of each year.
The following fees are fixed and ordered to be paid annually.
For each mooring for all boats of whatsoever length, propelled by
oars, sails or motors, which are maintained principally for the recreational
use of the owners thereof, at the rate of seven ($7.00) dollars per
foot of length; and for all such boats which are maintained principally
for commercial or profit-making purpose by the owners thereof, at
the rate of (ten) ($10.00) dollars per foot of length. All boats shall
be measured for purposes of this subsection from the outermost point
of the bow to the furthest point of the stern. The minimum annual
fee for any boat maintained for recreational purposes shall be sixty
($60.00) dollars, and for any boat maintained for commercial or profit-making
purposes shall be seventy-five ($75.00) dollars.
g.
Numbering and Winterizing.
1.
Each mooring in the waters of the Town of Little Compton will be
assigned a number by the Harbor Master or his/her designee. The number
will be displayed in contrasting color in two (2) places on each mooring
buoy or pick-up float in block letters at least three (3) inches in
height.
2.
Any mooring not displaying a mooring registration number will be
considered an unregistered/unpermitted mooring. Unregistered/unpermitted
moorings and any boats attached thereto, will be removed at the owner's
risk and expense.
3.
Winter Mooring Spars. Winter mooring spars shall be readily visible
above the water at all times and shall be removed not later than June
15 of the next succeeding year. Winter spars shall not be set until
on or after the first day of October of each calendar year.
h.
Specification of Mooring Tackle.
1.
Recognizing that a variety of bottom compositions exist within Sakonnet
harbor, and recognizing that more severe wind and wave conditions
exist at other mooring areas of the Town, the specification of ground
tackle, design and inspection plan for a mooring system require site-specific
approval from the Harbormaster. Guidelines in paragraphs h2-h7 are
provided for planning purposes only.
|
Registered Boat Length Feet
|
Mushroom Anchor Pounds
|
Bottom Chain
|
Top Chain
|
Nylon Dacron Line
|
|---|---|---|---|---|
|
Under 16
|
75
|
3/8
|
5/16
|
1/2
|
|
16-19
|
150
|
3/8
|
5/16
|
1/2
|
|
20-22
|
200
|
1/2
|
3/8
|
5/8
|
|
23-25
|
250
|
1/2
|
3/8
|
3/4
|
|
26-30
|
300
|
5/8
|
3/8
|
3/4
|
|
31-35
|
400
|
5/8
|
3/8
|
3/4
|
|
36-40
|
500
|
3/4
|
1/2
|
7/8
|
|
41-50
|
600
|
3/4
|
1/2
|
1
|
|
51-65
|
750
|
1
|
1/2
|
11/4
|
2.
The maximum length of the headfast shall be two and one-half (2 1/2)
times the distance from the bow chock to the water plus the distance
from the bow chock to the mooring cleat or post.
3.
All headfast lines running through the chock or any other object
where chafing may occur shall have adequate chafe guards.
4.
The total scope of the chain shall be two and one-half (2 1/2)
times the depth of the water at high tide. The bottom and top chain
shall each consist of approximately fifty (50%) percent of the scope.
5.
All shackles, swivels and other hardware used in the mooring hookup
shall be proportionate in size to the chain used.
6.
All shackles shall be properly seized.
7.
It is recommended that the headfast be spliced or shackled into the
bitter end of the top chain below the buoy so the strain is not carried
by the buoy. The use of a second headfast in heavy weather is encouraged.
i.
Inspection Procedure.
1.
All moorings in water shall be inspected at least once every year
at the owner's expense by a Qualified Inspector. Raising mooring
anchor for the sole purpose of inspection is prohibited. Raising moorings
immediately compromises holding power. Inspection of submerged mooring
system components shall be accomplished by diving unless specifically
authorized by the Harbormaster. The Harbor Master shall maintain for
each mooring in use in the harbor, a record of the name of the Qualified
Inspector who made each inspection thereof, and his/her report, each
such record to cover no less than four (4) consecutive years prior
to the most recent inspection. In the event that the ground tackle
of any mooring shall have been replaced in its entirety since the
most recent annual inspection, and provided that such newly replaced
ground tackle shall have met the approval of the Harbor Master at
the time it was first put in place, annual inspection thereof shall
be waived until it shall have been in place at least twenty-four (24)
months. In no case shall the annual inspection be waived for any such
mooring more than once.
2.
If, as the result of the annual inspection of a mooring, the Qualified
Inspector shall determine that any chain is warped or worn by one-third
(1/3) of its normal diameter, all tackle shall be replaced by the
owner thereof. Failure to make such replacement shall be grounds for
revocation of the mooring license issued to the owner, or refusal
to renew the same, by the Harbor Master, as appropriate.
3.
No renewal of a mooring license shall be issued by the Harbor Master
unless the application therefor shall be submitted in appropriate
form, shall be accompanied by a certificate signed by a Qualified
Inspector certifying that said mooring has been inspected within the
last six (6) months and found to be in satisfactory condition, and
shall also be accompanied by payment in full of the appropriate mooring
fee as prescribed in Town Regulations.
In the case of moorings which did not pass inspection, and for
which repairs were ordered, applications for renewal must be accompanied
by the report of the Qualified Inspector detailing the repairs or
replacements which were required with endorsement by the Harbor Master
signifying that he/she is satisfied that the necessary work has in
fact been completed. All such applications for renewal must also be
accompanied by the payment of the appropriate mooring fee.
4.
No mooring tackle in place, which shall have failed to pass inspection,
shall be used to moor any vessel until repairs to such tackle have
been completed and approved by the Harbor Master in accordance with
the provisions of paragraph i, 2 and 3 above; nor shall any mooring
tackle in place be used for the mooring of any vessel belonging to
or authorized by the person to whom that mooring location had been
assigned unless such person has in his/her possession a valid and
current license for the use of such mooring location issued by the
Harbor Master.
j.
Qualification of Inspectors. A person appointed by the Harbor Master
must be able, upon demonstration to him/her of their familiarity with
the rules and regulations of the Town relating to mooring tackle inspection,
to be considered a Qualified Inspector. Such approval may be revoked
by the Harbor Master if it shall appear to him/her that the Inspector
has failed to exercise due diligence in performing their duties as
an Inspector.
k.
Permanent Moorings Not Permitted. No permanent mooring shall be installed
in said harbor as per the requirements of the United States Army Corps
of Engineers.
l.
Temporary Mooring. No empty mooring shall be permitted by the Harbor
Master to be used by another vessel, unless the mooring's owner
has given prior written, general permission for such use, or unless
the Harbor Master determines there to be an emergency. Additionally,
under no circumstances shall any fee or payment be levied or accepted
by any person for the temporary use of a mooring except for the specific
guest moorings of the Town of Little Compton or of the Sakonnet Yacht
Club. No visiting boat shall be allowed to spend more than three (3)
consecutive nights on any of the guest moorings.
m.
Fee for Town Mooring. A fee of thirty ($30.00) dollars shall be charged
for the use of the Town Mooring per night, not to exceed three (3)
nights per month by any one (1) person/vessel.
n.
Forfeiture of Mooring Space. Any owner shall be deemed to have forfeited
his/her mooring permit by reason of the following:
1.
Removal of tackle and written notification to the Harbor Master/Harbor
Commission that the space is available.
2.
Failure to reapply for the mooring permit by April 1 of any season
or failure to replace any piece of mooring tackle not complying with
the mooring tackle standards hereinafter set forth.
3.
Failure to resurface or replace mooring within sixty (60) days after
being advised by the Harbor Master that the mooring is down.
4.
Failure to pay a mooring fee by April 1 of each year.
5.
Failure to have a registered boat on an assigned mooring for four
(4) weeks in any one season.
6.
Failure to comply with any and all requirements of this section.
o.
Moorings not in Sakonnet Harbor. Any mooring placed in waters adjacent
to the Little Compton shoreline shall only be allowed if the following
criteria are met.
1.
Said mooring shall be registered with the Harbor Master.
2.
Said mooring shall be placed within the littoral rights of the boat
owner.
3.
Mooring must conform to all specifications as set forth in this chapter.
4.
Mooring owner shall hold the Town of Little Compton, its agents and
assigns harmless from any damage caused as a result of mooring failure.
[Ord. 12/8/94; amended 2-22-2024]
All anchoring will be under the direction of the Harbor Master.
No vessel will be allowed to anchor in Sakonnet Harbor utilizing her
own ground tackle and be left unattended by its owner or operator.
When anchoring in a combination mooring and anchoring area it
shall be the anchored vessel's responsibility to remain clear
of all moored vessels including a change of wind or tide situation.
[Ord. 12/8/94; Ord. 5/24/01; amended 2-22-2024]
No person shall have the right to erect a mooring connected
to the shore or to any other location in said harbor by means of a
pulley rope or any rope or line whatsoever in nature, without the
written permission of the Harbor Master.
The placing of lobster pots in Sakonnet Harbor shall be illegal
from May 1 until October 31, the Harbor Master shall order removal
of all pots or devices found therein during and between these dates.
Except for emergencies, scuba diving shall be permitted in Sakonnet
Harbor between the hours of sunset and sunrise only with the prior
permission of the Harbor Master or, in his absence, from the policeman
on duty.
No boat shall be left unattended on the launching ramp without
the prior permission of the Harbor Master or, in his absence, from
the policeman on duty.
No boat shall be abandoned in Sakonnet Harbor or on the land
owned by the Town of Little Compton at Sakonnet Harbor. The Harbor
Master shall arrange for the removal of any boat so abandoned to such
place within the Town of Little Compton as shall be designated by
the Town Council and the cost of such removal and any storage fees
shall be borne by the owner of such boat.
No tenders, boats, or other craft shall be stored on land owned
by the Town of Little Compton, unless the owner of such vessel/craft/boat
has a mooring in Sakonnet Harbor, or without prior approval from the
Harbor Master; nonetheless, nothing within the foregoing language
shall be construed to impinge, or otherwise adversely affect, any
rights of the inhabitants of the Town of Little Compton as described
in the William Rotch deed, all as more particularly described in Narragansett
Real Estate Company v. Mackenzie, 34 R.I. 103 (1912).
No litter, garbage, oil, gasoline or other petroleum products
or other material which would cause deterioration of water quality
shall be disposed of in Sakonnet Harbor or on the land owned by the
Town of Little Compton at Sakonnet Harbor. Any such disposal shall
be contained and removed promptly by the owner of the boat or the
person causing the same.
[Ord. 12/18/94; amended 2-22-2024]
Every owner, master or person in charge of any vessel who shall neglect or refuse to obey the directions of such Harbor Master in matters within his authority to direct and every person who shall resist or oppose such Harbor Master in the execution of his duties or shall violate any of the provisions of section 9-1 of this chapter, shall, upon conviction therefor, be fined not exceeding one hundred ($100.00) dollars or imprisonment not exceeding ten (10) days for each offense and each day that such neglect or refusal to obey shall continue after notice thereof is given by the Harbor Master to any owner, master or person in charge of vessel or mooring, shall constitute a separate offense. Any person who shall remove from a location assigned by the Harbor Master any mooring belonging to another, without authority from or under the direction of the Harbor Master, shall, upon conviction thereof, be fined not exceeding one hundred ($100.00) dollars or imprisonment not exceeding ten (10) days.
Any person to whom a mooring location has been assigned who
shall permit another boat to use said mooring without authority from
or under the direction of the Harbor Master or who shall rent, lease,
transfer or exchange said mooring location (such transfer to include
family members) without authority from or under the direction of the
Harbor Master shall, upon conviction thereof, be fined not exceeding
one hundred ($100.00) dollars or face imprisonment not exceeding ten
(10) days, and any such rental, lease, transfer, or exchange shall
be null and void.
[Ord. 12/8/94; amended 2-22-2024]
The Harbor Master shall also serve as the Commissioner of Wrecks as provided by Title 46, Chapter 10 of the General Laws of Rhode Island, 1956 as amended.
[Ord. 12/8/94; amended 2-22-2024]
The following procedure is hereby established to permit the enforcement of section 9-1 by pecuniary penalty to be recovered by action of debt which may be offered to the person violating the terms thereof. The following schedule of fines is hereby established:
|
First Offense
|
$10.00
|
|
Second Offense
|
$15.00
|
|
Third Offense
|
$25.00
|
For the purposes of identifying offense fines to be imposed,
violations shall be accumulated over a period of twenty-four (24)
months. Failure by the violator to dispose of any violation in the
manner herein provided will be deemed to be a waiver on the part of
said violator to be allowed such privilege, and the Chief of Police
will cause a complaint to be filed in the Second Division Court, Newport,
Rhode Island.
The Harbor Master shall have printed summonses containing information
as to the violation being cited, the manner in which the violator
may pay for the offense, by paying the prescribed fee to the Town
Treasurer, or set forth the date and time for appearance in Court.
[Ord. 1/23/03; amended 2-22-2024]
a.
Creation. A Harbor Management Fund is hereby created to receive and
expend monies for harbor related purposes as recommended by the Harbor
Commission to the Town Council. All revenues generated by town boat
launching fees, mooring permit fees, qualified mooring inspectors,
other fees of this chapter, and fines levied under the authority of
this chapter shall be deposited into said Harbor Management Fund and
expended by the Town Council with advice from the Harbor Commission.
Funds shall be dispersed for purposes directly associated with
the management and implementation of the Town of Little Compton Harbor
Management Plan and this chapter. Monies from this fund shall be allocated
to the Harbormaster and/or his designee, subject to Town Council approval,
for the purpose of enforcing the provisions of the Town of Little
Compton Harbor Management Plan and/or this ordinance. Said Harbor
Management Fund shall be established, budgeted and administered in
a manner consistent with the procedures of the Town of Little Compton
and as approved at the
Annual Financial Town Meeting as per the standard budgetary
procedures of the Town of Little Compton.
[Ord. 12/12/40, § 1; amended 2-22-2024]
No person who is not an inhabitant of the Town of Little Compton
shall take, appropriate or carry away any sand, gravel, stone, seaweed
or driftstuff from any public beach or commons in the Town.
[Ord. 12/12/40, § 2; amended 2-22-2024]
Any person who may be found guilty of violating the provisions
of this section shall be fined not exceeding twenty ($20.00) dollars,
or be imprisoned for not more than ten (10) days, for each violation
thereof.
[Ord. 6/22/78, § 1; Ord. 8/7/80; Ord. 9/10/81;
Ord. 7/7/83; amended 2-22-2024]
Wilbour Woods shall be for the use of Town residents only. These
premises shall be maintained in its natural state as a park or as
a place of recreation in accordance with the deed of Elizabeth Mason
Lloyd to the Town of Little Compton, dated April 14, 1937.
[Ord. 6/22/78, § 1A; Ord. 8/7/80; Ord. 9/10/81,
§ 1A; amended 2-22-2024]
The Adamsville Recreational Field shall be for the use of Town
residents only. These premises will be maintained for recreational
purposes in accordance with the deed of Sophie H. Wheeler to the Town
of Little Compton designating these premises as the Philip Manchester
Wheeler Memorial Common, dated December 31, 1953.
Horses, motorcycles and motor vehicles shall be prohibited on
this field.
[Ord. 6/22/78, § 1B; Ord. 8/7/80; Ord. 9/10/81;
amended 2-22-2024]
The Hester B. Simmons lot shall be for the use of Town residents
only. These premises shall be maintained for recreational purposes
in accordance with the Last Will and Testament of Hester Beulah Simmons
filed in the records of the Probate Court, Town of Little Compton,
July 11, 1949.
[Ord. 4/4/91; Ord. 8/22/91; Ord. 7/9/92, § I; Ord.
4/22/93; amended 2-22-2024]
a.
Motorized vehicles of any kind shall not be permitted to traverse
any public beach in the Town, except in designated vehicular travel
lanes and parking areas. This subsection shall not apply to emergency
and maintenance vehicles.
b.
During the period from April 1st through Labor Day, no animals will
be allowed on Goosewing Beach, except seeing eye dogs on a leash.
c.
The setting of fires and fireworks are prohibited on Goosewing Beach.
d.
Kite flying is prohibited on Goosewing Beach.
e.
During the period from April 1st through Labor Day, except for conservation
wardens or their designated representatives, it shall be unlawful
for any person to enter any area of Goosewing Beach which has been
designated as a nesting area for threatened or endangered bird species
and which area is fenced off and duly posted as such. It shall also
be unlawful to disturb any such fencing, or any enclosures on the
nests, or the birds themselves.
f.
During the period when Goosewing Beach is open to the public, parking
for both residents and non-residents of the Town shall be provided
in a designated parking area on Goosewing Beach, and, fees charged
by the Beach Commission for non-residents to park in said area shall
be no more than twice the amount charged to residents. No trailers,
campers, or commercial vehicles other than pick-up trucks shall be
allowed in said parking area, except Town maintenance vehicles. Access
to said parking area shall be by means of a vehicular bridge across
Tunipus Breachway. Except in the case of emergency vehicles, no vehicles
shall enter upon said bridge unless permitted to do so by duly authorized
Town personnel.
g.
Horses and horse trailers are prohibited from the parking lots of
South Shore Beach and Goosewing Beach. Jet skis are prohibited from
said parking lots and the swimming areas at all times. The maximum
speed limit in the beach parking lots shall be five (5) miles per
hour. Parking in the turn-around area at the east end of the South
Shore Beach parking lot (designated fire lane) is prohibited.
[Amended 2-22-2024]
The aforementioned recreational areas shall be closed to all
persons, except those receiving special permission of the Town Council,
or, in the case of South Shore Beach, the Beach Commission, between
the hours of 11:00 p.m. and 6:00 a.m. daily.
[Ord. 6/22/78; Ord. 8/7/80; Ord. 9/10/81, § 1;
Ord. 7/9/92, § II; amended 2-22-2024]
Every offense of this section 9-3 shall be punishable by the imposition of a fine in an amount not exceeding five hundred ($500.00) dollars or by a term of imprisonment not exceeding thirty (30) days, and, in cases involving property damage the wrongdoer shall pay restitution in an amount not exceeding two thousand five hundred ($2,500.00) dollars.
[Ord. 4/23/91; Ord. 6/18/92; Ord. 1/6/94; Ord. 10/24/96;
amended 2-22-2024]
a.
Any commercial person or commercial entity who has paid for a registered
mooring or a slip in Sakonnet Harbor shall have the use of the dock
to load and unload cargo for no additional fees. Other commercial
vessels or boats shall pay a fee of three ($3.00) dollars per foot
of boat length, per use.
b.
Nothing shall be left on the dock at any time whatsoever.
c.
No bait shall be dumped into the harbor.
d.
The captain of any vessel berthed at the public dock shall not leave
the vessel. No vessel shall be berthed at the public dock overnight
without the express approval of the Harbor Master.
e.
No captain of any vessel berthed at the public dock shall discharge
bilge waters.
f.
Vessels berthed at the public dock shall immediately be taken out
of gear to prevent suspension of the underlying bottom sediments.
No vessel shall operate in gear while berthed at the public dock.
g.
No discharge of fish waste, cleaning solutions or other waste shall
be allowed.
h.
No paints, pot dip, or other environmentally hazardous materials
shall be stored or applied to any surface on a vessel while berthed
at the public dock.
i.
Vessels taking on fuel at the public dock shall use the utmost care
to prevent spills into coastal waters. Any fuel line in use for taking
on fuel shall be manned at all times.
j.
No recreational swimming or diving shall be permitted from or adjacent
to the dock.
[Ord. 4/23/91, Ord. 7/1/91; 10/10/91; 1/6/94; Ord. 12/8/94;
Ord. 10/24/96; amended 2-22-2024]
b.
All persons desiring to use the hoist must make an appointment with
the Harbor Master. Any person or entity who has paid for a registered
mooring or a slip in Sakonnet Harbor shall have the use of the crane/hoist
to load and unload cargo for no additional fees. Other persons or
entities shall be charged a fee of thirty ($30.00) dollars or three
($3.00) dollars per foot per use, whichever is greater.
Any person or entity who has paid for a registered mooring or
a slip in Sakonnet Harbor and who wishes to use the crane to launch
or lift a boat from or into the water shall have two (2) such uses
per year at no additional charge. Any additional uses or any other
person or entity shall pay a fee of thirty ($30.00) dollars or three
($3.00) dollars per foot per boat per use, whichever is greater.
c.
The Harbor Master shall supervise the availability of keys to the
hoist.
d.
The failure of the owner of any commercial fishing vessel to abide
by any of the rules set forth in this section shall be cause for the
revocation of the privilege to use the hoist by the Harbor Master.
The decision of the Harbor Master shall be appealable to the Town
Council, whose decision shall be final.
e.
All other persons interested in using the hoist must make an appointment
with the Harbor Master, who shall operate the hoist.
f.
The Harbor Master, or his assistant, shall be responsible for turning
off the electricity for the hoist and locking the hoist on a daily
basis.
[Ord. 4/23/91; amended 2-22-2024]
a.
The parking of vehicles in the parking area shall be restricted to
the owners of commercial fishing vessels and their employees and to
persons intending to make recreational use of the harbor and its environs.
b.
Ten (10) spaces shall be reserved for the trip fishermen which shall
be designated with a sign indicating "trip fishermen parking".
c.
With the exception of the trip fishermen parking, no persons shall
use or occupy the parking area between the hours of 11:00 p.m. and
5:00 a.m. daily.
[Ord. 4/23/91; amended 2-22-2024]
a.
Supervision and maintenance of the public dock and its facilities
shall be the sole responsibility of the Harbor Master.
b.
The Harbor Master shall cause the hoist to be inspected annually
by a certified hoist engineer.
c.
The Harbor Master shall cause the dock to be inspected every five
(5) years by a qualified marine contractor.
d.
Normal and incidental maintenance of the dock and its facilities
shall be completed when practicable by the Town maintenance department.
e.
The Harbor Master shall post, inspect and maintain all necessary
signs concerning the rules and regulations for the dock and the parking
area.
[Ord. 4/23/91; amended 2-22-2024]
Every person found guilty of violating this section shall be
fined not more than twenty ($20.00) dollars or imprisoned not more
than ten (10) days.
[Added 12-19-2019]
The purpose of this section is to protect the wildlife and coastal
ecosystems of Little Compton, the enjoyment of nature, and the health,
safety, and welfare of the Town's residents and visitors by encouraging
the use of reusable carryout bags, banning the use of single-use plastic
carryout bags for retail checkout of goods, and reducing the number
of single-use carryout bags that enter our environment.
As used in this section, the following terms shall have the
meanings indicated:
Any commercial enterprise, including sole proprietorship,
joint ventures, partnerships, corporations, or any other legal entity,
and includes all employees of the business and any independent contractors
associated with the business. For the purposes of this section, "business
establishment" shall also include farmers markets. "Business establishment"
does not include sales of goods at yard sales, tag sales, or other
sales by residents at their homes.
A bag used by the customer at the point of sale for the purpose
of removing products purchased from retail establishment. "Carryout
bag" does not include plastic barrier bags, double-opening plastic
bags, or plastic bags measuring larger than 28 inches by 36 inches.
Any thin plastic bag with a double opening (top and bottom)
to protect clothing or other items for transport.
A paper bag that is fully recyclable.
A bag where any portion of the bag is made of plastic, including
but not limited to those called "biodegradable," "compostable" or
"oxo-biodegradable."
Any thin plastic bag with a single opening used to:
Transport fruit, vegetables, nuts, grains, small hardware items,
or other items selected by customers to the point of sale;
Contain or wrap fresh or frozen foods, meat, or fish, whether
prepackaged or not;
Contain or wrap flowers, potted plants, or other items where
damage to a good or contamination of other goods placed together in
the same bag may be a problem; or
Contain newspapers, unwrapped prepared foods or bakery goods.
Plastic that meets the current Rhode Island Resource Recovery
Corporation's standards.
A bag that is specifically designed and manufactured for
multiple reuse. The bag must be made of washable cloth, other durable
woven or nonwoven fabric, or durable plastic film that is recyclable
plastic with a minimum thickness of four mils.
a.
No business establishment shall make available any plastic carryout
bags, either complimentary or for a fee, for any sales transaction
or other use to members of the public.
b.
Nothing in this section shall preclude business establishments from
making reusable bags or paper bags available to customers, by sale
or otherwise.
Any person violating any of the provisions of this section shall be subject to the penalties set forth in § 1-5 of this Code.
This section shall take effect on July 1, 2020.
[Added 12-19-2019]
The purpose of this section is to protect the wildlife and coastal
ecosystems of Little Compton, the enjoyment of nature, and the health,
safety, and welfare of Little Compton's residents and visitors by
regulating balloons as it has been determined that balloons contribute
to plastic pollution in the ocean and pose a risk and nuisance to
the environment, particularly to wildlife and marine animals.
As used in this section, the following terms shall have the
meanings indicated:
A flexible nonporous bag made from materials such as rubber,
latex, polychloroprene or nylon fabric that can be inflated or filled
with gas, such as helium, hydrogen, nitrous oxide, oxygen, air or
water and then sealed at the neck, usually used as a toy or decoration.
a.
It shall be unlawful for any person to sell, use or distribute any
balloon filled with a lifting gas such as helium, hydrogen, nitrous
oxide.
b.
It shall be unlawful for any person to knowingly and intentionally
release, organize the release of, or intentionally cause to be released
into the atmosphere of Little Compton any balloon.
Any person violating any of the provisions of this section shall be subject to the penalties set forth in § 1-5 of this Code.
This section shall take effect on July 1, 2020.
[Added 12-19-2019]
The purpose of this section is to protect the wildlife and coastal
ecosystems of Little Compton, the enjoyment of nature, and the health,
safety, and welfare of Little Compton's residents and visitors by
prohibiting the distribution of plastic beverage straws as it has
been determined that plastic beverage straws contribute to plastic
pollution in the ocean and pose a risk and nuisance to the environment,
particularly to wildlife and marine animals.
As used in this section, the following terms shall have the
meanings indicated:
A tube made predominately of plastic derived from either
petroleum or a biologically based polymer, such as corn or other plant
sources, for transferring a beverage from its container to the mouth
of the drinker. "Plastic beverage straw" includes compostable and
biodegradable petroleum or biologically based polymer straws, but
does not include straws that are made from nonplastic material, such
as paper, straw, sugar cane, bamboo, etc.
a.
It shall be unlawful for any person to sell or distribute plastic
beverage straws.
Any person violating any of the provisions of this section shall be subject to the penalties set forth in § 1-5 of this Code.
This section shall take effect on July 1, 2020.
