2024-37

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 of the Codified Ordinances of the City of Newport, Revision of 1994, as amended, entitled "City Harbor," is hereby further amended as follows:

12.28.071 Mooring permit classification and quotas.

A. Newport Harbor Private Moorings. It is the city's goal to issue and maintain private mooring permits in a manner resulting in a three:one ration of residents (three) to non-residents (one). The ratio would apply to each harbor mooring area and to the harbor as a whole. In no event will the ratio exceed three:one in favor of residents to non-residents for the entire harbor.

If at any time, an excess of twenty-five (25) percent of mooring holders are non-residents, then all new mooring permits will be issued in a ratio of eight: one in favor of residents. When the ratio of moorings shall be at or close to the required three:one ratio in favor of residents to non-residents, then all new mooring permits shall be issued in a manner to maintain the three:one ratio in favor of residents over non-residents and to avoid exceeding this ratio in favor of residents over non-residents.

B. Newport Harbor Rental Moorings.

1. Permits for rental mooring spaces shall be limited to the Newport inner harbor mooring areas.
2. Permits issued to a business, trust, corporation, partnership, or Yacht Club shall fall under this category.
3. It is the city's goal to allow only a maximum of twenty-five (25) percent of the total mooring spaces subject to permits as available for rental mooring permits in each designated harbor mooring area and in the harbor as a whole. New rental mooring permits will not be issued if any of these percentages has been exceeded.
4. No individual or company shall own permits for more than fifty (50) percent of the

5. Forty (40) of the rental mooring permits shall be designated and permitted as transient rental moorings

ADD:

6. All Rental mooring permit holders must carry business liability insurance. Business liability insurance certificates must be provided annually at the time of an Annual Mooring Permit Renewal. The City of Newport, RI shall be named as additional insured. Liability limits must be minimum of $1,000,000 per occurrence, and $2,000,000 aggregate.

C. North and South Shore Coastal Area Mooring.

1. Moorings shall not be permitted in the waters off Easton's Beach from the Middletown town line to and inclusive of the waters off Bailey's Beach.

2. Permits and yearly renewals for mooring spaces in North Shore Coastal Area will be issued only to riparian property owners and only as permits for private mooring spaces.

3. Permits and yearly renewals for mooring permits in the South Shore Coastal Area, except the Green Bridge Cove Area, will be issued only to Newport residents or riparian property owners and only as permits for private mooring spaces.

4. Green Bridge Cove Area mooring permits and yearly renewals will be issued only to an individual holding a valid Rhode Island commercial fishing license, for use only by their commercial fishing vessel, or to a riparian property owner. These permits will be issued only as permits for private mooring spaces.

5. Riparian property owners in the North and South Shore Coastal Areas will be allowed one riparian private mooring space permit per property with the mooring to be located as directed by the harbormaster in those waters immediately adjacent to their upland residential waterfront property. A written request for additional riparian private mooring permits by an individual property owner may be submitted to the harbormaster. Action on the request will be taken based upon availability of space immediately adjacent to their upland residential waterfront property.

6. All applicants shall be required to submit evidence of a suitable means of access to the specific area requested before a mooring space permit will be issued.

7. All mooring locations, the total number of mooring spaces, and vessel size restrictions for North and South Shore Coastal mooring areas shall be determined by the harbormaster.

D. Sail Newport Mooring.

1. Moorings permitted for use by Sail Newport owned vessels are located in the designated area off the easterly shore of Fort Adams.

2. All mooring locations, the total number of mooring spaces, and vessel size restrictions shall be determined by the harbormaster.

SECTION 2. 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
NOVEMBER 13, 2024

Laura C. Swistak, CMC
City Clerk