§ 9-86. Procedure for moorings and anchorages

(a) Mooring areas, moorings, and moored vessels shall not obstruct the use of fairways, channels, or shoreline facilities. Mooring areas or moorings will not be sited in federally maintained project areas.

(b) Before any mooring is secured in a designated town harbor, a permit must be issued by the harbormaster or assistants. The harbormaster and assistants, having due regard to the draft of each vessel and facility of navigation shall designate the places where moorings and/or anchorages shall be maintained. No moorings and anchorages in the said waters shall be maintained except at the locations designated on the official maps attached to the ordinance from which this section is derived and made a part of this article. The town council shall establish the fee to be paid for permits to be issued by the harbormaster for moorings. The harbormaster or assistants shall issue semi-permanent moorings in accordance with the number or cap which has been cooperatively determined by the town, the state coastal resources management council and the state department of environmental management, which is currently 290 private and club moorings and 100 town rental moorings. The town has permits from the United States Army Corps of Engineers for 100 town rental moorings. Rules, regulations and procedures for obtaining and using these moorings shall be consistent with the Army Corps of Engineers' policy of "open to all on equal terms." Resident to nonresident mooring allocation policy for all private moorings shall be no greater than three resident mooring permits to one nonresident mooring permit. The harbors of the town host between 500 and 1,500 vessels over 25 feet, exclusive of marinas, daily during the season. Such permits shall be issued by the harbormaster or assistants on an annual basis and shall be valid from May 1 to April 30 of the following year.

(1) The permit issued by the harbormaster or assistants shall assign a registration number consisting of letters and/or numbers, which shall be affixed to the two opposite sides of the buoy of the mooring. These letters or numbers shall be no less than three inches in height and have contrasting colors, which are deemed appropriate by the harbormaster. Any mooring for which a permit has not been issued shall be subject to removal by the harbormaster or assistants.

(2) Any moored vessel shall not be closer than 50 feet from any noncommercial dock, pier, pile, or town-established fairway. Any moored vessel shall not be closer than 100 feet from any commercial dock, pier, pile or federal channel. The harbormaster or assistants may permit the temporary anchoring or temporary use of a mooring by a vessel in emergency situations or adverse weather conditions. Exceptions shall be made only at the discretion of the harbormaster or assistants.

(3) Any vessel at anchor shall not be less than 100 feet from any harbor entrance, federal channel, steamer lane, fairway or public pier or marina. Any anchored vessel shall not be closer than 50 feet to any mooring field. The harbormaster or assistants may permit the temporary anchoring or temporary use of a mooring by a vessel in emergency situations or adverse weather conditions. Exceptions shall be made only at the discretion of the harbormaster or assistants.

(4) An assigned mooring shall be used only by the vessel assigned to it; however, the harbormaster may permit the temporary use of a mooring by another vessel in emergency situations or adverse weather conditions. Use of a mooring by a nonregistered vessel or differently assigned vessel shall constitute a violation of this article. All private mooring buoys shall be white and have the word "Private" in contrasting color, two-inch minimum letters on two opposite sides of the buoy.

(5) Mooring permits will be revoked if the mooring is not used by the owners registered vessel annually between June 1 and October 15, unless permit is in name only.

(6)

a.

The holder of a private mooring permit shall be entitled to transfer the private mooring permit on one occasion only either during the permit holder's lifetime or upon the permit holder's death to any one of the following relatives of the permit holder: spouse (including common-law spouse), child (including a stepchild), sibling (including a stepsibling), or parent (including a stepparent).

b. In no event shall the recipient of a private mooring permit transferred pursuant to this subsection (b)(6) be entitled to transfer the private mooring permit to any other person either during the permit recipient's lifetime or upon the permit recipient's death.

c. In order to effectuate the transfer of the mooring permit, the permit holder shall file a notice of transfer with the harbors department on a form provided by the harbors department. The harbors department shall not accept a notice of transfer and no transfer shall be effective if there are fees owed with respect to the permit to be transferred or if the permit to be transferred is under a notice of revocation.

(7) No more than one mooring permit shall be issued to any one person.

(8) Mooring tackle specifications. The harbormaster may approve in writing variances to mooring tackle specifications if such specifications are appropriate for the size of the vessel and the area in which a mooring will be located. Minimum mooring specifications are:

a. The minimum length of the pennant should be 2½ times the distance from the bow chock to the water plus the distance from the bow chock to the mooring cleat or post.

b. All pennant lines running through a chock or any other object where chafing may occur should have adequate chafe guards.

c. The total scope of the chain should be 2½ times the depth of the water at high tide. The bottom and top chain should each consist of approximately 50 percent of the scope.

d. All shackles, swivels, and other hardware used in the mooring hookup should be proportional in size to the chain used.

e. All shackles should be properly seized.

f. Center pipe mooring buoys are recommended; if a different type is used the pennant must 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 pennant and anchor in heavy weather is encouraged.

g. Only mushroom, pyramid and helical moorings will be acceptable on semi-permanent moorings.

h. The minimum distance between any two moored vessels should be no less than 50 feet.

i. Semi-permanent mooring size shall conform to the following minimum size requirements as outlined in the harbor management plan.

j. The number of vessels allowed per mooring is subject to the size of the mooring, size of vessels, weather conditions, and scope or swing radius; 500-pound moorings are restricted to two vessels, 800 pounds (or more), may have three vessels. All use is subject to review by the harbormaster.

(9) All vessels on moorings and in anchorages shall be sited within the respective designated areas.

(10) Mooring use shall be equal for all vessels of similar size in all mooring areas.

(11) The town shall maintain programs to prevent adverse effects on water quality due to anchored and moored vessels.

(12) No person under the age of 16 shall be considered for a mooring permit application.

(13) Inspections.

a. All new moorings in the coastal waters and harbor areas of the town must have the chain, tackle, and anchor inspected by the harbormaster, designee, or town-certified mooring service provider, prior to setting the mooring.

b. Every permit holder shall be required to maintain his mooring in safe condition. Any chain, shackle, swivel, or other tackle which has become warped or worn by one-third its normal diameter, shall be replaced. Failure to maintain a safe mooring shall be cause for revocation of the mooring permit and shall be deemed a violation of this article. The harbormaster or designee may inspect any mooring at any time to determine compliance with this section.

c. All moorings shall be fully inspected every two years and the results of such inspection shall be reported to the harbormaster. Mooring inspections shall be performed by a qualified mooring inspector. The inspection shall be made by either raising the mooring or by underwater inspection. Such inspection shall determine compliance with the mooring and mooring tackle standards of this article. Any mooring or component of a mooring reported not in compliance with this article shall be replaced within 30 days of such notice. The harbormaster or his designee shall inspect any mooring displaced during a storm, before it is reset. All costs of any mooring inspection required under the provisions of this article shall be the responsibility of the mooring owner.

d. Qualified inspectors.

1. The harbormaster shall develop and set standards for the requirements and qualifications of mooring inspectors. The harbormaster may designate as many inspectors as he feels are necessary. Minimum requirements for mooring inspectors that the harbormaster shall consider are that an inspector must hold a certificate as a certified scuba diver and/or be engaged in the business of and insured as a mooring service, and that all mooring inspectors are familiar with the minimum mooring tackle specifications of this article.

2. The harbors department shall make available an application form which potential mooring inspectors may complete to be considered a designated mooring inspector. The application shall be filed annually with the harbors department with the appropriate fee. The harbormaster shall determine if such applications meet the requirements to be a qualified mooring inspector for the town and shall so designate the applicant as a qualified mooring inspector.

3. The harbors department shall keep a list of all qualified mooring inspectors and shall make this list available to all mooring permit holders.

(14) All vessels moored or anchored in the waters on Block Island must have valid registration or documentation on the vessel and available for inspection.

(c) The town reserves the right to rent any and all private moorings in New Harbor. Private mooring permit holders must notify, in advance, the use of the mooring by guest or the permit holder prior to the arrival of the vessel(s). Mooring permit holders, whose permit is not in "name only," with mooring tackle with at least a 500-pound mooring, and full inspection certificate, can participate. Notification of the harbors department of mooring availability, in advance, is necessary. The following conditions also apply:

(1) Private moorings will be rented only when the town moorings are full.

(2) Private moorings will be rented at the same rate as the town moorings (in accordance to the fee schedule).

(3) One vessel per mooring will be permitted unless the mooring is 800 pounds or greater.

(4) In accordance with the fee schedule, a per-boat, per-rental day fee will be subtracted from the permit holder's renewal fee for the following year; no further compensation will be offered after the permit fee is paid.

(5) The town will provide any corrective maintenance from use of the moorings specific to replacement of pennants, pickup buoys, and mooring balls if damaged while utilized by the town.

(d) Anchoring and anchorages in Old Harbor harbor of refuge.

(1) A vessel seeking a safe haven during times of adverse weather may anchor on its own anchor in the Old Harbor harbor of refuge for a period not to exceed 72 hours. Written consent of the harbormaster is required if the vessel is to be anchored for a period in excess of 72 hours. No vessel anchored under adverse weather shall be left unattended overnight. Operators of such vessels and their passengers may go ashore, but operators must be available to tend the vessel if necessary. It shall be the responsibility of the vessel owner as well as the vessel operator to ensure the vessel remains clear of all moored and anchored vessels, and any structures.

(2) Transient vessel anchoring and anchorages in Old Harbor harbor of refuge: A transient vessel may anchor on its own anchor in the Old Harbor harbor of refuge for a period not to exceed seven days in a 14-day period. Written consent of the harbormaster is required if the vessel is to be anchored for a period in excess seven days in a 14-day period. No vessel anchored shall be left unattended overnight. Operators of such vessels and their passengers may go ashore, but operators must be available to tend the vessel if necessary. It shall be the responsibility of the vessel owner as well as the vessel operator to ensure the vessel remains clear of all moored and anchored vessels, and any structures.

(Ord. of 3-19-2004, § 9-86; Ord. of 12-19-2005, § 9-86; Ord. of 5-3-2006, § 9-86; Ord. of 6-2-2008, § 9-86(b), (b)(2), (b)(3), (d), (d)(1); Ord. of 11-16-2011(2))