2024-07 Amending Chapter 12.28.100 of the Codified Ordinances, entitled, “City piers and docks” and Chapter 12.28.200 entitled, “Fees and Fines”

AN ORDINANCE IN AMENDMENT OF TITLE TWELVE OF THE CODIFIED ORDINANCES OF THE CITY OF NEWPORT, RHODE ISLAND, REVISION OF 1994, AS AMENDED, ENTITLED, "CITY HARBOR."

BE IT ORDAINED by the City of Newport:

SECTION 1. Chapter 12.28.100 of the Codified Ordinances of the City of Newport, Revision of 1994, as amended, entitled "City piers and docks," is hereby further amended as follows:

12.28.100. City piers and docks.

A. General Rules.

1. Swimming and/or fishing are not allowed from any public floating dock.
2. Swimming and/or fishing are not allowed from any public pier that is so posted.
3. Loading dock use is limited to the posted time restrictions and the vessel must be attended at all times.
4. A loading dock shall not be used as a dinghy dock.
5. A loading dock is not to be used by commercial vessels without prior authorization from the Newport Harbormaster.
6. The judgment of suitability and adequate water depth for use by any vessel is the responsibility of the operator of the vessel.

ADD:

7. The Harbormaster may remove vessels and dinghies not in working order, deemed unsafe, or not kept in accordance with the regulations set forth in Chapter 12.28 of the Codified Ordinances of the City of Newport.

B. Perrotti Park Marine Terminal and Transient Dock.

1. Operated by the City of Newport for marine transportation and related marine uses.
2. Vessel access is restricted to:
a. Vessels engaged in approved ferry service, cruise ship service, and harbor shuttle service.
b. Harbormaster and emergency vessels.
c. Daily/hourly vessel dock rental under the direction of the harbormaster.

d. Dingy dockage on the north side of the floating transient dock.

e. Vessel loading/unloading.

C. Long Wharf Sea Wall.

1. No person shall moor or tie up a boat at or along the sea wall at Long Wharf without being provided permission to do so by the harbormaster and complying with all rules and regulations governing Newport Harbor.

2. All boats moored or tied up at or along the sea wall in violation of this section shall be removed at the direction of the harbormaster. Those boats not having crew to move them may be moved by the harbormaster, and the expense thereof shall be paid by the owner of the boat so moved.

3. Whoever violates this section shall be subject to the penalties enumerated in Rhode Island General Laws Section 46-4-6.6 or fined in an amount within the jurisdiction of the Newport Municipal Court.

D. Ann Street Pier.

1. Transient dockage for vessels up to forty (40) feet in length overall (LOA), limited to a maximum of forty-eight (48) hours.

2. Daily dinghy dockage. No overnight dinghy dockage.

3. Loading dock for harbor shuttles.

DELETE:

E. King Park-Stone Pier

ADD IN LIEU THEREOF

E. King Park Stone Pier Dinghy Dock.

1. Vessel access is limited to the floating dock area for use as daily dinghy dockage and landing and overnight dinghy dockage which overnight dinghy dockage is allowed only through a permit issued by the harbormaster.

2. Overnight dinghy dockage is limited to dinghies less than twelve (12) feet and/or other vessels approved by the harbormaster. No kayaks or paddleboards are allowed.

3. Capacity for overnight dockage will be determined by the harbormaster.

4. Outboard engines must be kept in the down position.

5. All dinghies must use a single bow line with a minimum of four (4) feet of slack.

6. All locks must be single cable with a minimum of four (4) feet of slack.

7. Dinghies stored out of the water on the dock must not have an engine and capacity will be determined by the harbormaster.

F. Van Zandt Pier. All vessel access is prohibited, including dinghies.

G. Elm Street Pier. Vessel access is limited to the floating dock area for use as a loading dock only.

ADD:

H. West Extension Street Dinghy Dock.

1. Vessel access is limited to the floating dock area for use as daily dinghy dockage and landing and overnight dinghy dockage which overnight dinghy dockage is allowed only through a permit issued by the harbormaster.

2. Dockage is limited to dinghies less than twelve (12) feet. No kayaks or paddleboards are allowed.

SECTION 2. Chapter 12.28.200 of the Codified Ordinances of the City of Newport, Revision of 1994, as amended, entitled "Fees and Fines" is hereby further amended as follows:

12.28.200. - Fees and fines.

A. Fees. Fees are nonrefundable. Minimum fees are based on a two hundred fifty (250) pound weight.

1. New Mooring Permit Application Fee: Twenty-five dollars ($25.00) (to be applied to the first year permit fee once a mooring has been assigned).

2. Mooring Waiting List Annual Renewal Fee: Ten dollars ($10.00).

3. Newport Harbor Private Mooring Permit Annual Fee:
a. Resident: Sixty-three cents ($.63) per pound of required mooring weight, but not less than one hundred fifty-seven dollars and fifty cents ($157.50).
b. Nonresident: One dollar and twenty-seven cents ($1.27) per pound of required mooring weight, but not less than three hundred seventeen dollars ($317.00).

4. Newport Harbor Rental Mooring Permit Annual Fee: One dollar and sixty-one cents ($1.61) per pound of required mooring weight, but not less than four hundred two dollars ($402.00).

5. South Shore Coastal Area Mooring Permit Annual F

7. Sail Newport Mooring Permit Annual Fee: Equal to the resident Newport Harbor private mooring permit annual fee.

DELETE:

8. Resident Non-Mooring Holder Permit for Dinghy Berthing Areas Annual Fee: Fifty dollars ($50.00).

ADD IN LIEU THEREOF

8. Stone Pier Dinghy Dock and West Extension Dinghy Dock Annual Fee of One Hundred Dollars ($100.00) For all overnight Users, Residents and Mooring Permit Holders.

9. Sail Newport Mooring Permit Annual Fee: Equal to the resident Newport Harbor private mooring permit annual fee.

DELETE NO. 10:

10. Resident Non-Mooring Holder Permit for Dinghy Berthing Areas Annual Fee: Fifty dollars ($50.00).

B. Fines and Penalties.

1. Derelict, abandoned, or wrecked vessel, failure to remove the vessel within forty-eight (48) hours of notice from the harbormaster-A daily fine not to exceed three hundred dollars ($300.00) per day.

2. Any person violating the provisions and requirements of this chapter may be subject to prosecution before the Newport municipal court and fined an amount within the jurisdiction of said court.

3. Any person violating the provisions and requirements of this chapter may also be subject to the penalties specifically provided for herein in addition to any authorized fine.

SECTION 3. This ordinance shall take effect upon its passage and all ordinances or parts of ordinances inconsistent herewith are hereby repealed.

IN COUNCIL
READ AND PASSED
May 8, 2024

Laura C. Swistak, CMC
City Clerk