§ 9-71. Powers and duties of the harbormaster and assistants

(a) The harbormaster and assistant harbormasters shall have full power and authority to prescribe and enforce regulations and to give direction regarding anchorage, management and control of all vessels within the waters of the town, as authorized by state and federal marine laws and G.L. 1956, title 46, ch. 22.

(b) All vessels anchored, berthed or moored in the waters of the town shall be properly documented and/or registered as required by law. Names and registration numbers shall be prominently displayed according to the regulations of the issuing agency.

(c) All vessels lying in the harbor not anchored according to directions of the harbormaster or assistants, and posing a potential danger to any other vessel, or blocking any channel or hindering the movement of any other vessel and not having sufficient crew to move them, shall be moved by the harbormaster, assistants, or designated commercial towing service, and the expense thereof shall be paid by the owners or masters of such vessels.

(d) The harbormaster or assistants shall also have the authority to remove from any town-owned, -operated or -maintained public wharf in the designated harbors, any vessel not anchored, moored or wharfed according to their directions. The harbormaster shall have the authority to control the use of public launch ramps including but not limited to size of vessels, time and period of use, size, type and number of vehicles, type of activity. The harbormaster or assistants may also determine the extent of time and manner of accommodation respecting the position of vessels to each other, which shall be extended by the owners or masters thereof to each other and may require that such accommodation be extended.

(e) The harbormaster and assistants are authorized to board and seal the marine sanitation device discharge valves on any vessel within the harbors, to place dye tablets in the holding tank of any vessel within the harbors and to randomly inspect the head and holding tank of any vessel within the harbors, as authorized by G.L. 1956, §§ 46-12-39, 46-12-40, and 46-12-41.

(f) It is hereby ordained that the harbormaster or assistants shall have the power and authority to represent the town as its agent, whereby they may execute any and all mooring, outhaul, dockage and wharfage, permits, assignments and notices, excluding any contract agreements which bind the town. The harbormaster or assistants shall transfer any and all monies and accounting to the town treasurer.

(g) The harbormaster or assistants may remove, or cause the removal of, derelict vessels and derelict docks.

(h) The town council shall establish all fees to be charged for the harbors department.

(i) Annually, the harbors department will submit a report to the town manager, who in turn will submit said report to the coastal resources management council with the following information:

(1) Total number of mooring permits granted.

(2) Total number of private mooring permits and commercial permits granted.

(3) Total number of outhaul permits granted overall.

(4) Total number of grandfathered outhaul permits granted, as provided for in section 9-82(9) and (10).

(5) Summary of the total vessel characteristics (length, motor or sail, MSD) from permit applications.

(6) The summary of total vessel characteristics will also list the water type classification and therefore the total number of permits in each water type classification will be reported as total number of vessel characteristics.

(j) In the absence of a port authority, the harbormaster is the liaison between ferry companies, operating in the harbors of Block Island, and the town.

(Ord. of 3-19-2004, § 9-71; Ord. of 12-19-2005, § 9-71; Ord. of 5-3-2006, § 9-71(e); Ord. of 5-1-2007, § 9-71(f), (i); Ord. of 6-2-2008, § 9-71(a), (g))