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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5089 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000580 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO WATERS AND NAVIGATION -- HARBORS AND HARBOR L INES |
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| 16 | 16 | | Introduced By: Representatives Carson, Craven, Casimiro, and Cortvriend |
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| 17 | 17 | | Date Introduced: January 16, 2025 |
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| 18 | 18 | | Referred To: House Municipal Government & Housing |
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| 19 | 19 | | |
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| 20 | 20 | | |
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| 21 | 21 | | It is enacted by the General Assembly as follows: |
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| 22 | 22 | | SECTION 1. Sections 46-4-6.2, 46-4-6.3, 46-4-6.4, 46-4-6.5, 46-4-6.6, 46-4-6.7, 46-4-6.8, 1 |
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| 23 | 23 | | 46-4-6.9, 46-4-6.10, 46-4-6.11, 46-4-6.12, 46-4-6.13, 46-4-6.14, 46-4-6.15, 46-4-6.16 and 46-4-2 |
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| 24 | 24 | | 6.17 of the General Laws in Chapter 46-4 entitled "Harbors and Harbor Lines" are hereby amended 3 |
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| 25 | 25 | | to read as follows: 4 |
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| 26 | 26 | | 46-4-6.2. Town of Bristol — Powers conferred. 5 |
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| 27 | 27 | | (a) The provisions of § 46-22-14 or any other provisions of the general laws 6 |
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| 28 | 28 | | notwithstanding and in addition to any authority and powers conferred upon the town council of 7 |
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| 29 | 29 | | the town of Bristol, authority shall also be granted to the town council of the town of Bristol to 8 |
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| 30 | 30 | | enact ordinances as the town council may deem necessary or desirable for the enforcement and 9 |
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| 31 | 31 | | supervision of any rules and regulations established by the town council governing the public 10 |
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| 32 | 32 | | waters and harbors within its jurisdiction, and to regulate by ordinance the speed, management, and 11 |
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| 33 | 33 | | control of all vessels and the size, type, location, and use of all anchorages and moorages within 12 |
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| 34 | 34 | | the public waters within the confines of the town, including, without limiting the generality of the 13 |
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| 35 | 35 | | foregoing, the authority and power to regulate waterskiing upon any of the public waters; to 14 |
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| 36 | 36 | | designate upon a map of the public waters within the town the places where permanent or temporary 15 |
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| 37 | 37 | | moorings or anchorages may be maintained; to assign moorings; to remove moorings; to collect 16 |
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| 38 | 38 | | fees for the use of moorings; to provide for minimum mooring specifications; to provide for 17 |
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| 39 | 39 | | inspection of moorings; to provide regulations for houseboats that are not self-propelled as defined 18 |
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| 40 | 40 | | in § 42-17.1-46; to provide regulations for regattas, races, marine parades, tournaments, and 19 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000580 - Page 2 of 14 |
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| 44 | 44 | | exhibitions; and to provide for the removal of wrecks or derelict or abandoned boats or docks; to 1 |
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| 45 | 45 | | provide for the regulation of skin diving and scuba diving; and to impose penalties for violation of 2 |
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| 46 | 46 | | the ordinances not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding 3 |
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| 47 | 47 | | ten (10) days in some jail or house of correction for any one offense and the fines to be recovered 4 |
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| 48 | 48 | | to the use of the town. 5 |
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| 49 | 49 | | (b) No powers or duties granted herein shall be construed to abrogate the powers or duties 6 |
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| 50 | 50 | | granted to the coastal resources management council as provided in chapter 23 of this title, as 7 |
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| 51 | 51 | | amended. 8 |
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| 52 | 52 | | 46-4-6.3. Town of South Kingstown — Powers conferred. 9 |
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| 53 | 53 | | The provisions of § 46-22-14, or any other provisions of the general laws notwithstanding 10 |
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| 54 | 54 | | and in addition to any authority and powers conferred upon the town council of the town of South 11 |
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| 55 | 55 | | Kingstown, authority shall also be granted to the town council of the town of South Kingstown to 12 |
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| 56 | 56 | | authorize for the appointment of a harbormaster and by ordinance grant such authority as the town 13 |
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| 57 | 57 | | council may deem necessary to the harbormaster for the enforcement and supervision of any 14 |
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| 58 | 58 | | ordinances, rules, and regulations governing the public waters within its jurisdiction, and to regulate 15 |
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| 59 | 59 | | by ordinance the speed, management, and control of all vessels and the size, type, location, and use 16 |
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| 60 | 60 | | of all anchorages and moorings within the public waters within the confines of the town including, 17 |
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| 61 | 61 | | without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on 18 |
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| 62 | 62 | | any of the public waters, to designate upon a map of the public waters within the town the places 19 |
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| 63 | 63 | | where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to 20 |
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| 64 | 64 | | remove moorings, to collect a fee for the use of moorings, to provide for minimum mooring 21 |
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| 65 | 65 | | specifications, to provide regulations for houseboats that are not self-propelled as defined in § 42-22 |
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| 66 | 66 | | 17.1-46, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to 23 |
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| 67 | 67 | | provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties 24 |
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| 68 | 68 | | for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or 25 |
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| 69 | 69 | | imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, 26 |
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| 70 | 70 | | the fines to be recovered to the use of the town. 27 |
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| 71 | 71 | | 46-4-6.4. Town of North Kingstown — Powers conferred. 28 |
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| 72 | 72 | | (a) The provisions of § 46-22-14, or any other provisions of the general laws 29 |
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| 73 | 73 | | notwithstanding, and in addition to any authority and powers conferred upon the town council of 30 |
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| 74 | 74 | | the town of North Kingstown authority shall also be granted to the town council of the town of 31 |
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| 75 | 75 | | North Kingstown to authorize for the appointment of a harbormaster and by ordinance grant such 32 |
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| 76 | 76 | | authority as the town council may deem necessary to the harbormaster for the enforcement and 33 |
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| 77 | 77 | | supervision of any ordinances, rules, and regulations governing the public waters within its 34 |
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| 78 | 78 | | |
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| 79 | 79 | | |
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| 80 | 80 | | LC000580 - Page 3 of 14 |
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| 81 | 81 | | jurisdiction, to regulate by ordinance the speed, management, and control of all vessels and the 1 |
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| 82 | 82 | | size, type, location, and use of all anchorages and moorings within the public waters within the 2 |
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| 83 | 83 | | confines of the town including, without limiting the generality of the foregoing, the authority and 3 |
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| 84 | 84 | | power to prohibit waterskiing on any of the public waters, to provide for the regulation of skin 4 |
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| 85 | 85 | | diving, and scuba diving, to designate upon a map of the public waters within the town the places 5 |
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| 86 | 86 | | where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to 6 |
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| 87 | 87 | | remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring 7 |
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| 88 | 88 | | specifications, to provide regulations for houseboats that are not self-propelled as defined in § 42-8 |
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| 89 | 89 | | 17.1-46, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to 9 |
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| 90 | 90 | | provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties 10 |
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| 91 | 91 | | for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or 11 |
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| 92 | 92 | | imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, 12 |
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| 93 | 93 | | the fines to be recovered to the use of the town. 13 |
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| 94 | 94 | | (b) No powers or duties granted herein shall be construed to abrogate the powers or duties 14 |
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| 95 | 95 | | granted to the coastal resources management council as provided in chapter 23 of this title. 15 |
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| 96 | 96 | | 46-4-6.5. Town of Tiverton — Powers conferred. 16 |
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| 97 | 97 | | (a) The provisions of § 46-22-14 or any other provisions of the general laws 17 |
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| 98 | 98 | | notwithstanding and in addition to any authority and powers conferred upon the town council of 18 |
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| 99 | 99 | | the town of Tiverton, authority shall also be granted to the town council of the town of Tiverton to 19 |
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| 100 | 100 | | authorize for the appointment of a harbor commission and by ordinance grant such authority as the 20 |
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| 101 | 101 | | town council may deem necessary or desirable to the harbor commission for the enforcement and 21 |
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| 102 | 102 | | supervision of any ordinances, rules, and regulations governing the public waters within its 22 |
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| 103 | 103 | | jurisdiction, and to regulate by ordinance the speed, management, and control of all vessels and the 23 |
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| 104 | 104 | | size, type, location, and use of all anchorages and moorages within the public waters within the 24 |
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| 105 | 105 | | confines of the town, including, without limiting the generality of the foregoing, the authority and 25 |
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| 106 | 106 | | power to regulate waterskiing upon any of the public waters; to designate upon a map of the public 26 |
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| 107 | 107 | | waters within the town the places where permanent or temporary moorings or anchorages may be 27 |
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| 108 | 108 | | maintained; to assign moorings; to remove moorings; to collect fees for the use of moorings; to 28 |
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| 109 | 109 | | provide for minimum mooring specifications; to provide for inspection of moorings; to provide 29 |
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| 110 | 110 | | regulations for houseboats that are not self-propelled as defined in § 42-17.1-46; to provide 30 |
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| 111 | 111 | | regulations for regattas, races, marine parades, tournaments, and exhibitions; to provide for the 31 |
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| 112 | 112 | | removal of wrecks or derelict or abandoned boats or docks; to provide for the regulation of skin 32 |
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| 113 | 113 | | diving, and scuba diving; and to impose penalties for violation of the ordinances not exceeding in 33 |
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| 114 | 114 | | amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or 34 |
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| 115 | 115 | | |
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| 116 | 116 | | |
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| 117 | 117 | | LC000580 - Page 4 of 14 |
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| 118 | 118 | | house of correction for any one offense and the fines to be recovered to the use of the town. 1 |
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| 119 | 119 | | (b) No powers or duties granted herein shall be construed to abrogate the powers or duties 2 |
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| 120 | 120 | | granted to the coastal resources management council as provided in chapter 23 of this title, as 3 |
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| 121 | 121 | | amended. 4 |
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| 122 | 122 | | 46-4-6.6. Town of Newport — Powers conferred. 5 |
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| 123 | 123 | | The provisions of § 46-22-14, or any other provisions of the general laws notwithstanding, 6 |
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| 124 | 124 | | and in addition to any authority and powers conferred upon the city council of the city of Newport, 7 |
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| 125 | 125 | | authority shall also be granted to the city council of the city of Newport to authorize for the 8 |
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| 126 | 126 | | appointment of a harbor coordinator and by ordinance grant such authority as the city council may 9 |
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| 127 | 127 | | deem necessary to the harbor coordinator for the enforcement and supervision of any ordinances, 10 |
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| 128 | 128 | | rules, and regulations governing the public waters within its jurisdiction, and to regulate by 11 |
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| 129 | 129 | | ordinance the speed, management, and control of all vessels and the size, type, location, and use of 12 |
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| 130 | 130 | | all anchorages and moorings, within the public waters within the confines of the city including, 13 |
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| 131 | 131 | | without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on 14 |
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| 132 | 132 | | any of the public waters, to designate upon a map of the public waters within the city the places 15 |
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| 133 | 133 | | where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to 16 |
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| 134 | 134 | | remove moorings, to collect a fee for the use of moorings, to provide for minimum mooring 17 |
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| 135 | 135 | | specifications, to provide regulations for houseboats that are not self-propelled as defined in § 42-18 |
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| 136 | 136 | | 17.1-46, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to 19 |
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| 137 | 137 | | provide for the removal of wrecks or derelicts or abandoned boats or docks, and to impose penalties 20 |
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| 138 | 138 | | for violators of the ordinances, not to exceed in amount three hundred dollars ($300) or 21 |
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| 139 | 139 | | imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, 22 |
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| 140 | 140 | | the fines to be recovered to the use of the city. 23 |
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| 141 | 141 | | 46-4-6.7. Town of Little Compton — Powers conferred. 24 |
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| 142 | 142 | | (a) The provisions of § 46-22-14, or any other provisions of the general laws 25 |
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| 143 | 143 | | notwithstanding, and in addition to any authority and powers conferred upon the town council of 26 |
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| 144 | 144 | | the town of Little Compton, authority shall also be granted to the town council of the town of Little 27 |
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| 145 | 145 | | Compton to enact ordinances as the town council may deem necessary or desirable for the 28 |
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| 146 | 146 | | enforcement of any rules and regulations established by the town council governing the public 29 |
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| 147 | 147 | | waters within its jurisdiction, and to regulate by ordinance the speed, management, and control of 30 |
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| 148 | 148 | | all vessels and objects and the size, type, location, and use of all anchorages and moorages within 31 |
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| 149 | 149 | | the public waters within the confines of the town, including, without limiting the generality of the 32 |
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| 150 | 150 | | foregoing, the authority and power to regulate waterskiing upon any of the public waters; to 33 |
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| 151 | 151 | | designate upon a map of the public waters within the town the places where permanent or temporary 34 |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | LC000580 - Page 5 of 14 |
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| 155 | 155 | | moorings or anchorages may be maintained; to assign moorings; to remove moorings; to collect 1 |
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| 156 | 156 | | fees for the use of moorings, the fees to be recovered for use by the town of Little Compton; to 2 |
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| 157 | 157 | | provide for minimum mooring specifications, to provide for inspection of moorings; to provide 3 |
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| 158 | 158 | | regulations for houseboats that are not self-propelled as defined in § 42-17.1-46; to regulate the 4 |
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| 159 | 159 | | location and placement of lobster pots, fish traps, and other fishing gear; to provide regulations for 5 |
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| 160 | 160 | | regattas, races, marine parades, tournaments, and exhibitions; to provide for the removal of wrecks 6 |
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| 161 | 161 | | and derelicts or abandoned boats or docks; to provide for the regulation of skin diving and scuba 7 |
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| 162 | 162 | | diving; to prevent littering and pollution of its public waters; and to impose penalties for violation 8 |
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| 163 | 163 | | of the ordinances not exceeding in amount one hundred dollars ($100) or imprisonment not 9 |
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| 164 | 164 | | exceeding ten (10) days in some jail or house of correction for any one offense and the fines to be 10 |
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| 165 | 165 | | recovered to the use of the town. 11 |
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| 166 | 166 | | (b) No powers or duties granted herein shall be construed to abrogate the powers or duties 12 |
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| 167 | 167 | | granted to the coastal resources management council as provided in chapter 23 of this title. 13 |
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| 168 | 168 | | 46-4-6.8. Town of Narragansett — Powers conferred. 14 |
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| 169 | 169 | | (a) The provisions of § 46-22-14 or any other provisions of the general laws 15 |
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| 170 | 170 | | notwithstanding and in addition to any authority and powers conferred upon the town council of 16 |
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| 171 | 171 | | the town of Narragansett, authority shall also be granted to the town council of the town of 17 |
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| 172 | 172 | | Narragansett to authorize the appointment of a harbormaster, assistant harbormasters, and a Harbor 18 |
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| 173 | 173 | | Management Committee and to enact such ordinances as the town council may deem necessary or 19 |
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| 174 | 174 | | desirable for the enforcement and supervision of any ordinances, rules, and regulations governing 20 |
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| 175 | 175 | | the public waters within its jurisdiction, to regulate by ordinance the speed, management, and 21 |
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| 176 | 176 | | control of all vessels and the size, type, location, and use of all anchorages and moorings within the 22 |
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| 177 | 177 | | public waters within the confines of the town including, without limiting the generality of the 23 |
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| 178 | 178 | | foregoing, the authority and power to prohibit waterskiing of any of the public waters, to provide 24 |
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| 179 | 179 | | for the regulation of skin diving, and scuba diving, to designate upon a map of the public waters 25 |
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| 180 | 180 | | within the town the places where permanent or temporary moorings or anchorages may be 26 |
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| 181 | 181 | | maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings, 27 |
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| 182 | 182 | | to provide for minimum mooring specifications, to provide regulations for houseboats that are not 28 |
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| 183 | 183 | | self-propelled as defined in § 42-17.1-46, to provide regulations for regattas, races, marine parades, 29 |
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| 184 | 184 | | tournaments, and exhibitions, to provide for the removal of wrecks or derelicts or abandoned boats 30 |
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| 185 | 185 | | or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one 31 |
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| 186 | 186 | | hundred dollars ($100) or imprisonment not exceeding ten (10) days for any one offense, the fines 32 |
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| 187 | 187 | | to be recovered to the use of the town. The town council shall also have the authority to recover the 33 |
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| 188 | 188 | | cost of removing any wreck or derelicts or abandoned boats or docks from the owner or persons 34 |
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| 189 | 189 | | |
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| 190 | 190 | | |
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| 191 | 191 | | LC000580 - Page 6 of 14 |
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| 192 | 192 | | responsible for the wrecks, derelicts, abandoned boats, or docks by suit in either the district court 1 |
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| 193 | 193 | | or the superior court of Washington County. 2 |
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| 194 | 194 | | (b) No powers or duties granted herein shall be construed to abrogate the powers or duties 3 |
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| 195 | 195 | | granted to the coastal resources management council as provided in chapter 23 of this title. 4 |
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| 196 | 196 | | 46-4-6.9. Town of Jamestown — Powers conferred. 5 |
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| 197 | 197 | | (a) The provisions of § 46-22-14, or any other provisions notwithstanding, and in addition 6 |
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| 198 | 198 | | to any authority and powers conferred upon the town council of the town of Jamestown, authority 7 |
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| 199 | 199 | | shall also be granted to the town council of the town of Jamestown to enact ordinances as the town 8 |
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| 200 | 200 | | council may deem necessary or desirable for the enforcement and supervision of any rules and 9 |
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| 201 | 201 | | regulations established by the town council governing the public waters within its jurisdiction, and 10 |
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| 202 | 202 | | to regulate by ordinance the speed, management, and control of all vessels and the size, type, 11 |
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| 203 | 203 | | location, and use of all anchorages and moorages within the public waters within the confines of 12 |
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| 204 | 204 | | the town, including, without limiting the generality of the foregoing, the authority and power to 13 |
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| 205 | 205 | | regulate waterskiing upon any of the public waters; to designate upon a map of the public waters 14 |
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| 206 | 206 | | within the town the places where permanent or temporary moorings or anchorages may be 15 |
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| 207 | 207 | | maintained; to assign moorings; to remove moorings; to collect fees for the use of moorings; to 16 |
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| 208 | 208 | | provide for minimum mooring specifications; to provide for inspection of moorings; to provide 17 |
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| 209 | 209 | | regulations for houseboats that are not self-propelled as defined in § 42-17.1-46; to provide 18 |
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| 210 | 210 | | regulations for regattas, races, marine parades, tournaments, and exhibitions; to provide for the 19 |
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| 211 | 211 | | removal of wrecks or derelict or abandoned boats or docks; to provide for the regulation of skin 20 |
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| 212 | 212 | | diving and scuba diving; and to impose penalties for violation of the ordinances not exceeding in 21 |
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| 213 | 213 | | amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or 22 |
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| 214 | 214 | | house of correction for any one offense and the fines to be recovered to the use of the town. 23 |
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| 215 | 215 | | (b) No powers or duties granted herein shall be construed to abrogate the powers or duties 24 |
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| 216 | 216 | | granted to the coastal resources management council as provided in chapter 23 of this title, as 25 |
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| 217 | 217 | | amended. 26 |
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| 218 | 218 | | 46-4-6.10. Town of New Shoreham — Powers conferred. 27 |
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| 219 | 219 | | (a) The provisions of § 46-22-14, or any other provisions of the general laws 28 |
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| 220 | 220 | | notwithstanding, and in addition to any authority or powers conferred upon the town council of the 29 |
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| 221 | 221 | | town of New Shoreham authority shall also be granted to the town council of the town of New 30 |
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| 222 | 222 | | Shoreham to authorize it for the appointment of a harbormaster and by ordinance grant such 31 |
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| 223 | 223 | | authority as the town council may deem necessary to the harbormaster for the enforcement and 32 |
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| 224 | 224 | | supervision of any ordinances, rules, and regulations governing the public waters within its 33 |
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| 225 | 225 | | jurisdiction, and to regulate by ordinance the speed, management, and control of all vessels, and 34 |
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| 226 | 226 | | |
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| 227 | 227 | | |
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| 228 | 228 | | LC000580 - Page 7 of 14 |
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| 229 | 229 | | the size, type, location, and use of all anchorages and moorings within the public waters within the 1 |
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| 230 | 230 | | confines of the town, including, without limiting the generality of the foregoing, the authority and 2 |
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| 231 | 231 | | power to prohibit waterskiing on any public waters, to designate upon a map of the public waters 3 |
|---|
| 232 | 232 | | within the town, the places where permanent or temporary moorings or anchorages may be 4 |
|---|
| 233 | 233 | | maintained, to assign moorings, to remove moorings, to collect a fee for the use of moorings, to 5 |
|---|
| 234 | 234 | | provide regulations for houseboats that are not self-propelled as defined in § 42-17.1-46, to provide 6 |
|---|
| 235 | 235 | | regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the 7 |
|---|
| 236 | 236 | | removal of wrecks or derelicts or abandoned boats or docks, and to impose penalties for violators 8 |
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| 237 | 237 | | of the ordinances, not to exceed in amount one hundred dollars ($100) or imprisonment not 9 |
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| 238 | 238 | | exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be 10 |
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| 239 | 239 | | recovered to the use of the town. The town council shall also have the authority to recover the cost 11 |
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| 240 | 240 | | of removing any wreck or derelicts or abandoned boats or docks from the owner or persons 12 |
|---|
| 241 | 241 | | responsible for the wrecks, derelicts, abandoned boats, or docks by suit in either the district court 13 |
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| 242 | 242 | | or the superior court of Washington County. 14 |
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| 243 | 243 | | (b) No powers or duties granted herein shall be construed to abrogate the powers or duties 15 |
|---|
| 244 | 244 | | granted to the coastal resources management council as provided in chapter 23 of this title, as 16 |
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| 245 | 245 | | amended. 17 |
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| 246 | 246 | | 46-4-6.11. Town of Charlestown — Powers conferred. 18 |
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| 247 | 247 | | (a) In addition to any authority or powers conferred upon the town council of the town of 19 |
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| 248 | 248 | | Charlestown, authority shall also be granted to the town council of the town of Charlestown to 20 |
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| 249 | 249 | | authorize it for the appointment of a harbormaster and by ordinance grant such authority as the 21 |
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| 250 | 250 | | town council may deem necessary to the harbormaster for the enforcement and supervision of any 22 |
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| 251 | 251 | | ordinances, rules, and regulations governing the public waters within its jurisdiction, and to regulate 23 |
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| 252 | 252 | | by ordinance the speed, management, and control of all vessels, and the size, type, location, and 24 |
|---|
| 253 | 253 | | use of all anchorages and moorings within the public waters within the confines of the town, 25 |
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| 254 | 254 | | including, without limiting the generality of the foregoing, the authority and power to prohibit 26 |
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| 255 | 255 | | waterskiing on any said public waters, to designate upon a map of the public waters within the 27 |
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| 256 | 256 | | town, the places where permanent or temporary moorings or anchorages may be maintained, to 28 |
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| 257 | 257 | | assign moorings, to remove moorings, to collect a fee for the use of moorings, to provide 29 |
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| 258 | 258 | | regulations for houseboats that are not self-propelled as defined in § 42-17.1-46, to provide 30 |
|---|
| 259 | 259 | | regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the 31 |
|---|
| 260 | 260 | | removal of wrecks or derelicts or abandoned boats, and to impose penalties for violators of the 32 |
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| 261 | 261 | | ordinances, not to exceed in amount one hundred dollars ($100) or imprisonment not exceeding ten 33 |
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| 262 | 262 | | (10) days in some jail or house of correction, for any one offense, the fines to be recovered to the 34 |
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| 263 | 263 | | |
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| 264 | 264 | | |
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| 265 | 265 | | LC000580 - Page 8 of 14 |
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| 266 | 266 | | use of the town. The town council shall also have the authority to recover the cost of removing any 1 |
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| 267 | 267 | | wreck or derelicts or abandoned boats from the owner or persons responsible for the wrecks, 2 |
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| 268 | 268 | | derelicts, or abandoned boats by suit in either the district court or the superior court of Washington 3 |
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| 269 | 269 | | County. 4 |
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| 270 | 270 | | (b) No powers or duties granted herein shall be construed to abrogate the powers or duties 5 |
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| 271 | 271 | | granted to the coastal resources management council as provided in chapter 23 of this title, as 6 |
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| 272 | 272 | | amended. 7 |
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| 273 | 273 | | 46-4-6.12. Town of Middletown — Powers conferred. 8 |
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| 274 | 274 | | (a) The provisions of § 46-22-14, or any other provisions of the general laws 9 |
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| 275 | 275 | | notwithstanding, and in addition to any authority and powers conferred upon the town council of 10 |
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| 276 | 276 | | the town of Middletown, authority shall also be granted to the town council of the town of 11 |
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| 277 | 277 | | Middletown to authorize for the appointment of a harbormaster and by ordinance grant such 12 |
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| 278 | 278 | | authority as the town council may deem necessary to the harbormaster for the enforcement and 13 |
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| 279 | 279 | | supervision of any ordinances, rules, and regulations governing the public waters within its 14 |
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| 280 | 280 | | jurisdiction, to regulate by ordinance the speed, management, and control of all vessels, both wind 15 |
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| 281 | 281 | | and power, and the number, size, type, location, and use of all anchorages and moorings within the 16 |
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| 282 | 282 | | public waters within the confines of the town including, without limiting the generality of the 17 |
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| 283 | 283 | | foregoing, the authority and power to prohibit waterskiing on any of the public waters, to provide 18 |
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| 284 | 284 | | for the regulation of skin diving and scuba diving, to designate upon a map of the public waters 19 |
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| 285 | 285 | | within the towns the places where permanent or temporary moorings or anchorages may be 20 |
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| 286 | 286 | | maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings, 21 |
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| 287 | 287 | | to provide for minimum mooring specifications, to provide regulations for houseboats that are not 22 |
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| 288 | 288 | | self-propelled as defined in § 42-17.1-46, to provide regulations for regattas, races, marine parades, 23 |
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| 289 | 289 | | tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats 24 |
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| 290 | 290 | | or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one 25 |
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| 291 | 291 | | hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of 26 |
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| 292 | 292 | | correction, for any one offense, the fines to be recovered to the use of said town. 27 |
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| 293 | 293 | | (b) No powers or duties granted herein shall be construed to abrogate the powers or duties 28 |
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| 294 | 294 | | granted to the coastal resources management council as provided in chapter 23 of this title. 29 |
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| 295 | 295 | | 46-4-6.13. Town of Portsmouth — Powers conferred. 30 |
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| 296 | 296 | | (a) The provisions of § 46-22-14 or any other provisions of the general laws 31 |
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| 297 | 297 | | notwithstanding, and in addition to any authority and powers conferred upon the town council of 32 |
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| 298 | 298 | | the town of Portsmouth authority shall also be granted to the town council of the town of 33 |
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| 299 | 299 | | Portsmouth to authorize for the appointment of a harbormaster and by ordinance grant such 34 |
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| 300 | 300 | | |
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| 301 | 301 | | |
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| 302 | 302 | | LC000580 - Page 9 of 14 |
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| 303 | 303 | | authority as the town council may deem necessary to the harbormaster for the enforcement and 1 |
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| 304 | 304 | | supervision of any ordinances, rules, and regulations governing the public waters within its 2 |
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| 305 | 305 | | jurisdiction, to regulate by ordinance the speed, management, and control of all vessels, both wind 3 |
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| 306 | 306 | | and power, and the number, size, type, location, and use of all anchorages and moorings within the 4 |
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| 307 | 307 | | public waters within the confines of the town, including, without limiting the generality of the 5 |
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| 308 | 308 | | foregoing, the authority and power to prohibit waterskiing on any of the public waters, to provide 6 |
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| 309 | 309 | | for the regulation of skin diving and scuba diving, to designate upon a map of the public waters 7 |
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| 310 | 310 | | within the town the places where permanent or temporary moorings or anchorages may be 8 |
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| 311 | 311 | | maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings, 9 |
|---|
| 312 | 312 | | to provide for minimum mooring specifications, to provide regulations for houseboats that are not 10 |
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| 313 | 313 | | self-propelled as defined in § 42-17.1-46, to provide regulations for regattas, races, marine parades, 11 |
|---|
| 314 | 314 | | tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats 12 |
|---|
| 315 | 315 | | or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one 13 |
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| 316 | 316 | | hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of 14 |
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| 317 | 317 | | correction, for any one offense, the fines to be recovered to the use of the town. 15 |
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| 318 | 318 | | (b) No powers or duties granted herein shall be construed to abrogate the powers or duties 16 |
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| 319 | 319 | | granted to the coastal resources management council as provided in chapter 23 of this title and, 17 |
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| 320 | 320 | | further, the provisions of this section shall not affect the location or assignment of any moorings 18 |
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| 321 | 321 | | existing on June 27, 1986, except that those deemed by the harbormaster to be located at an 19 |
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| 322 | 322 | | unacceptable site shall be moved should he or she so order. 20 |
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| 323 | 323 | | 46-4-6.14. Town of East Greenwich — Powers conferred. 21 |
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| 324 | 324 | | (a) The provisions of § 46-22-14, or any other provisions of the general laws 22 |
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| 325 | 325 | | notwithstanding, and in addition to any authority and powers conferred upon the town council of 23 |
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| 326 | 326 | | the town of East Greenwich, authority shall also be granted to the town council of the town of East 24 |
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| 327 | 327 | | Greenwich to authorize for the appointment of a harbormaster and by ordinance grant such 25 |
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| 328 | 328 | | authority as the town council may deem necessary to the harbormaster for the enforcement and 26 |
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| 329 | 329 | | supervision of any ordinances, rules, and regulations governing the public waters within its 27 |
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| 330 | 330 | | jurisdiction, to regulate by ordinance the speed, management, and control of all vessels, both wind 28 |
|---|
| 331 | 331 | | and power, and the number, size, type, location, and use of all anchorages and moorings within the 29 |
|---|
| 332 | 332 | | public waters within the confines of the town including, without limiting the generality of the 30 |
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| 333 | 333 | | foregoing, the authority and power to prohibit waterskiing on any of the public waters, to provide 31 |
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| 334 | 334 | | for the regulation of skindiving and scubadiving, to designate upon a map of the public waters 32 |
|---|
| 335 | 335 | | within the town the places where permanent or temporary moorings or anchorages may be 33 |
|---|
| 336 | 336 | | maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings, 34 |
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| 337 | 337 | | |
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| 338 | 338 | | |
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| 339 | 339 | | LC000580 - Page 10 of 14 |
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| 340 | 340 | | to provide for minimum mooring specifications, to provide regulations for houseboats that are not 1 |
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| 341 | 341 | | self-propelled as defined in § 42-17.1-46, to provide regulations for regattas, races, marine parades, 2 |
|---|
| 342 | 342 | | tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats 3 |
|---|
| 343 | 343 | | or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one 4 |
|---|
| 344 | 344 | | hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of 5 |
|---|
| 345 | 345 | | correction, for any one offense, the fines to be recovered to the use of the town. 6 |
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| 346 | 346 | | (b) No powers or duties granted herein shall be construed to abrogate the powers or duties 7 |
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| 347 | 347 | | granted to the coastal resources management council as provided in chapter 23 of this title. 8 |
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| 348 | 348 | | 46-4-6.15. Town of Cranston — Powers conferred. 9 |
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| 349 | 349 | | (a) The provisions of § 46-22-14, or any other provisions of the general laws 10 |
|---|
| 350 | 350 | | notwithstanding, and in addition to any authority and powers conferred upon the city council of the 11 |
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| 351 | 351 | | city of Cranston, authority shall also be granted to the city council of the city of Cranston to 12 |
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| 352 | 352 | | authorize for the appointment of a harbormaster and by ordinance grant such authority as the said 13 |
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| 353 | 353 | | city council may deem necessary to the harbormaster for the enforcement and supervision of any 14 |
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| 354 | 354 | | ordinances, rules and regulations governing the public waters within its jurisdiction, to regulate by 15 |
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| 355 | 355 | | ordinance the speed, management and control of all vessels, both wind and power, and the number, 16 |
|---|
| 356 | 356 | | size, type, location and use of all anchorages and moorings within the public waters within the 17 |
|---|
| 357 | 357 | | confines of the city including, without limiting the generality of the foregoing, the authority and 18 |
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| 358 | 358 | | power to prohibit waterskiing on any of the public waters, to provide for the regulation of skin 19 |
|---|
| 359 | 359 | | diving and scuba diving, to designate upon a map of the public waters within the city the places 20 |
|---|
| 360 | 360 | | where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to 21 |
|---|
| 361 | 361 | | remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring 22 |
|---|
| 362 | 362 | | specifications, to provide regulations for houseboats that are not self-propelled as defined in § 42-23 |
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| 363 | 363 | | 17.1-46, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to 24 |
|---|
| 364 | 364 | | provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties 25 |
|---|
| 365 | 365 | | for violation of the ordinances, not exceeding in an amount of one hundred dollars ($100) or 26 |
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| 366 | 366 | | imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, 27 |
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| 367 | 367 | | the fines to be recovered to the use of the city. 28 |
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| 368 | 368 | | (b) No powers or duties granted herein shall be construed to abrogate the powers or duties 29 |
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| 369 | 369 | | granted to the coastal resources management council as provided in chapter 23 of this title. 30 |
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| 370 | 370 | | 46-4-6.16. Town of Warren — Powers conferred. 31 |
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| 371 | 371 | | (a) The provision of § 46-22-14 or any other provisions of the general laws notwithstanding 32 |
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| 372 | 372 | | and in addition to any authority and powers conferred upon the town council of the town of Warren, 33 |
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| 373 | 373 | | authority shall also be granted to the town council of the town of Warren to authorize for the 34 |
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| 374 | 374 | | |
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| 375 | 375 | | |
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| 376 | 376 | | LC000580 - Page 11 of 14 |
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| 377 | 377 | | appointment of a harbormaster and by ordinance grant such authority as the town council may deem 1 |
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| 378 | 378 | | necessary to the harbormaster for the enforcement and supervision of any ordinances, rules, and 2 |
|---|
| 379 | 379 | | regulations governing the public waters within its jurisdiction, to regulate by ordinance the speed, 3 |
|---|
| 380 | 380 | | management, and control of all vessels, both wind and power, and the number, size, type, location, 4 |
|---|
| 381 | 381 | | and use of all anchorages and moorings within the public waters within the confines of the town 5 |
|---|
| 382 | 382 | | including, without limiting the generality of the foregoing, the authority and power to prohibit 6 |
|---|
| 383 | 383 | | waterskiing on any of the public waters, to provide for the regulation of skin diving and scuba 7 |
|---|
| 384 | 384 | | diving, to designate upon a map of the public waters within the town the places where permanent 8 |
|---|
| 385 | 385 | | or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings, 9 |
|---|
| 386 | 386 | | to set and collect a fee for the use of moorings, to provide for minimum mooring specifications, to 10 |
|---|
| 387 | 387 | | provide regulations for houseboats that are not self-propelled as defined in § 42-17.1-46, to provide 11 |
|---|
| 388 | 388 | | regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the 12 |
|---|
| 389 | 389 | | removal of wrecks or derelict or abandoned boats or docks, and to impose penalties for violation 13 |
|---|
| 390 | 390 | | of the ordinances, not exceeding in amount one hundred dollars ($100) or imprisonment not 14 |
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| 391 | 391 | | exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be 15 |
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| 392 | 392 | | recovered to the use of said town. 16 |
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| 393 | 393 | | (b) No powers or duties granted herein shall be construed to abrogate the powers or duties 17 |
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| 394 | 394 | | granted to the coastal resources management council as provided in chapter 23 of this title. 18 |
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| 395 | 395 | | 46-4-6.17. Town of Westerly — Powers conferred. 19 |
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| 396 | 396 | | (a) The provisions of § 46-22-14, or any other provisions of the general laws 20 |
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| 397 | 397 | | notwithstanding, and in addition to any authority and powers conferred upon the town council of 21 |
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| 398 | 398 | | the town of Westerly, authority shall also be granted to the town council of the town of Westerly 22 |
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| 399 | 399 | | to authorize for the appointment of a harbormaster and by ordinance grant such authority as the 23 |
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| 400 | 400 | | town council may deem necessary to the harbormaster for the enforcement and supervision of any 24 |
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| 401 | 401 | | ordinances, rules, and regulations governing the public waters within its jurisdiction, to regulate by 25 |
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| 402 | 402 | | ordinance the speed, management, and control of all vessels, both wind and power, and the number, 26 |
|---|
| 403 | 403 | | size, type, location, and use of all anchorages and moorings within the public waters within the 27 |
|---|
| 404 | 404 | | confines of the town including, without limiting the generality of the foregoing, the authority and 28 |
|---|
| 405 | 405 | | power to prohibit water-skiing on any of the public waters, to provide for the regulation of skin 29 |
|---|
| 406 | 406 | | diving and scuba diving, to designate upon a map of the public waters within the towns the places 30 |
|---|
| 407 | 407 | | where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to 31 |
|---|
| 408 | 408 | | remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring 32 |
|---|
| 409 | 409 | | specifications, to provide regulations for houseboats that are not self-propelled as defined in § 42-33 |
|---|
| 410 | 410 | | 17.1-46, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to 34 |
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| 411 | 411 | | |
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| 412 | 412 | | |
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| 413 | 413 | | LC000580 - Page 12 of 14 |
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| 414 | 414 | | provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties 1 |
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| 415 | 415 | | for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or 2 |
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| 416 | 416 | | imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense, 3 |
|---|
| 417 | 417 | | the fines to be recovered to the use of said town. 4 |
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| 418 | 418 | | (b) No powers or duties granted herein shall be construed to abrogate the powers or duties 5 |
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| 419 | 419 | | granted to the coastal resources management council as provided in chapter 23 of this title. 6 |
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| 420 | 420 | | SECTION 2. Chapter 42-17.1 of the General Laws entitled "Department of Environmental 7 |
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| 421 | 421 | | Management" is hereby amended by adding thereto the following section: 8 |
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| 422 | 422 | | 42-17.1-46. Definition of "houseboat". 9 |
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| 423 | 423 | | For purposes of this chapter: 10 |
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| 424 | 424 | | "Houseboat" means a motorized or non-motorized vessel constructed on a float, raft, or 11 |
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| 425 | 425 | | barge with low freeboard, little or no foredeck or cockpit, that is used as a place of habitation and/or 12 |
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| 426 | 426 | | multi-purpose accommodation which is registered or unregistered. If used as a means of 13 |
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| 427 | 427 | | transportation, this use is secondary. "Houseboat" includes platforms, and waterborne hotels and 14 |
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| 428 | 428 | | restaurants. 15 |
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| 429 | 429 | | SECTION 3. Section 46-22-9.1 of the General Laws in Chapter 46-22 entitled "Regulation 16 |
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| 430 | 430 | | of Boats" is hereby amended to read as follows: 17 |
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| 431 | 431 | | 46-22-9.1. Houseboats — Exclusion from coastal ponds. 18 |
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| 432 | 432 | | (a) No person shall live on a houseboat on any coastal pond in this state. 19 |
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| 433 | 433 | | (b) As used in this section, “houseboat,” means a building constructed on a float, raft, or 20 |
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| 434 | 434 | | barge that is used for single or multiple family habitation or is represented as a place of business. 21 |
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| 435 | 435 | | If used as a means of transportation, this use is secondary. “Houseboat” includes platforms, and 22 |
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| 436 | 436 | | waterborne hotels and restaurants "houseboat" means a motorized or non-motorized vessel 23 |
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| 437 | 437 | | constructed on a float, raft, or barge with low freeboard, little or no foredeck or cockpit, that is used 24 |
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| 438 | 438 | | as a place of habitation and/or multi-purpose accommodation which is registered or unregistered. 25 |
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| 439 | 439 | | If used as a means of transportation, this use is secondary. "Houseboat" includes platforms, and 26 |
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| 440 | 440 | | waterborne hotels and restaurants. 27 |
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| 441 | 441 | | (c) A “coastal pond”, as used in this section, shall be as designated or defined in the rules 28 |
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| 442 | 442 | | and regulations of the coastal resources management council. 29 |
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| 443 | 443 | | SECTION 4. Chapter 46-23 of the General Laws entitled "Coastal Resources Management 30 |
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| 444 | 444 | | Council" is hereby amended by adding thereto the following section: 31 |
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| 445 | 445 | | 46-23-27. Definition of "houseboat". 32 |
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| 446 | 446 | | For purposes of this chapter: 33 |
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| 447 | 447 | | "Houseboat" means a motorized or non-motorized vessel constructed on a float, raft, or 34 |
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| 448 | 448 | | |
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| 449 | 449 | | |
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| 450 | 450 | | LC000580 - Page 13 of 14 |
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| 451 | 451 | | barge with low freeboard, little or no foredeck or cockpit, that is used as a place of habitation and/or 1 |
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| 452 | 452 | | multi-purpose accommodation which is registered or unregistered. If used as a means of 2 |
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| 453 | 453 | | transportation, this use is secondary. "Houseboat" includes platforms, and waterborne hotels and 3 |
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| 454 | 454 | | restaurants. 4 |
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| 455 | 455 | | SECTION 5. This act shall take effect upon passage. 5 |
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| 456 | 456 | | ======== |
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| 457 | 457 | | LC000580 |
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| 458 | 458 | | ======== |
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| 459 | 459 | | |
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| 460 | 460 | | |
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| 461 | 461 | | LC000580 - Page 14 of 14 |
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| 462 | 462 | | EXPLANATION |
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| 463 | 463 | | BY THE LEGISLATIVE COUNCIL |
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| 464 | 464 | | OF |
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| 465 | 465 | | A N A C T |
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| 466 | 466 | | RELATING TO WATERS AND NAVIGATION -- HARBORS AND HARBOR LINES |
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| 467 | 467 | | *** |
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| 468 | 468 | | This act would amend the definition of a "houseboat" to include motorized or non-1 |
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| 469 | 469 | | motorized vessels. 2 |
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| 470 | 470 | | This act would take effect upon passage. 3 |
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| 471 | 471 | | ======== |
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| 472 | 472 | | LC000580 |
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| 473 | 473 | | ======== |
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