2025 -- H 5089

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LC000580

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

____________

A N   A C T

RELATING TO WATERS AND NAVIGATION -- HARBORS AND HARBOR LINES

     Introduced By: Representatives Carson, Craven, Casimiro, and Cortvriend

     Date Introduced: January 16, 2025

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     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,

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-

6.17 of the General Laws in Chapter 46-4 entitled "Harbors and Harbor Lines" are hereby amended

to read as follows:

     46-4-6.2. Town of Bristol — Powers conferred.

     (a) The provisions of § 46-22-14 or any other provisions of the general laws

notwithstanding and in addition to any authority and powers conferred upon the town council of

the town of Bristol, authority shall also be granted to the town council of the town of Bristol to

enact ordinances as the town council may deem necessary or desirable for the enforcement and

supervision of any rules and regulations established by the town council governing the public

waters and harbors within its jurisdiction, and to regulate by ordinance the speed, management, and

control of all vessels and the size, type, location, and use of all anchorages and moorages within

the public waters within the confines of the town, including, without limiting the generality of the

foregoing, the authority and power to regulate waterskiing upon any of the public waters; to

designate upon a map of the public waters within the town the places where permanent or temporary

moorings or anchorages may be maintained; to assign moorings; to remove moorings; to collect

fees for the use of moorings; to provide for minimum mooring specifications; to provide for

inspection of moorings; to provide regulations for houseboats that are not self-propelled as defined

in § 42-17.1-46; to provide regulations for regattas, races, marine parades, tournaments, and

exhibitions; and to provide for the removal of wrecks or derelict or abandoned boats or docks; to

provide for the regulation of skin diving and scuba diving; and to impose penalties for violation of

the ordinances not exceeding in amount one hundred dollars ($100) or imprisonment not exceeding

ten (10) days in some jail or house of correction for any one offense and the fines to be recovered

to the use of the town.

     (b) No powers or duties granted herein shall be construed to abrogate the powers or duties

granted to the coastal resources management council as provided in chapter 23 of this title, as

amended.

     46-4-6.3. Town of South Kingstown — Powers conferred.

     The provisions of § 46-22-14, or any other provisions of the general laws notwithstanding

and in addition to any authority and powers conferred upon the town council of the town of South

Kingstown, authority shall also be granted to the town council of the town of South Kingstown to

authorize for the appointment of a harbormaster and by ordinance grant such authority as the town

council may deem necessary to the harbormaster for the enforcement and supervision of any

ordinances, rules, and regulations governing the public waters within its jurisdiction, and to regulate

by ordinance the speed, management, and control of all vessels and the size, type, location, and use

of all anchorages and moorings within the public waters within the confines of the town including,

without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on

any of the public waters, to designate upon a map of the public waters within the town the places

where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to

remove moorings, to collect a fee for the use of moorings, to provide for minimum mooring

specifications, to provide regulations for houseboats that are not self-propelled as defined in § 42-

17.1-46, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to

provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties

for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or

imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense,

the fines to be recovered to the use of the town.

     46-4-6.4. Town of North Kingstown — Powers conferred.

     (a) The provisions of § 46-22-14, or any other provisions of the general laws

notwithstanding, and in addition to any authority and powers conferred upon the town council of

the town of North Kingstown authority shall also be granted to the town council of the town of

North Kingstown to authorize for the appointment of a harbormaster and by ordinance grant such

authority as the town council may deem necessary to the harbormaster for the enforcement and

supervision of any ordinances, rules, and regulations governing the public waters within its

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jurisdiction, to regulate by ordinance the speed, management, and control of all vessels and the

size, type, location, and use of all anchorages and moorings within the public waters within the

confines of the town including, without limiting the generality of the foregoing, the authority and

power to prohibit waterskiing on any of the public waters, to provide for the regulation of skin

diving, and scuba diving, to designate upon a map of the public waters within the town the places

where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to

remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring

specifications, to provide regulations for houseboats that are not self-propelled as defined in § 42-

17.1-46, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to

provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties

for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or

imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense,

the fines to be recovered to the use of the town.

     (b) No powers or duties granted herein shall be construed to abrogate the powers or duties

granted to the coastal resources management council as provided in chapter 23 of this title.

     46-4-6.5. Town of Tiverton — Powers conferred.

     (a) The provisions of § 46-22-14 or any other provisions of the general laws

notwithstanding and in addition to any authority and powers conferred upon the town council of

the town of Tiverton, authority shall also be granted to the town council of the town of Tiverton to

authorize for the appointment of a harbor commission and by ordinance grant such authority as the

town council may deem necessary or desirable to the harbor commission for the enforcement and

supervision of any ordinances, rules, and regulations governing the public waters within its

jurisdiction, and to regulate by ordinance the speed, management, and control of all vessels and the

size, type, location, and use of all anchorages and moorages within the public waters within the

confines of the town, including, without limiting the generality of the foregoing, the authority and

power to regulate waterskiing upon any of the public waters; to designate upon a map of the public

waters within the town the places where permanent or temporary moorings or anchorages may be

maintained; to assign moorings; to remove moorings; to collect fees for the use of moorings; to

provide for minimum mooring specifications; to provide for inspection of moorings; to provide

regulations for houseboats that are not self-propelled as defined in § 42-17.1-46; to provide

regulations for regattas, races, marine parades, tournaments, and exhibitions; to provide for the

removal of wrecks or derelict or abandoned boats or docks; to provide for the regulation of skin

diving, and scuba diving; and to impose penalties for violation of the ordinances not exceeding in

amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or

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house of correction for any one offense and the fines to be recovered to the use of the town.

     (b) No powers or duties granted herein shall be construed to abrogate the powers or duties

granted to the coastal resources management council as provided in chapter 23 of this title, as

amended.

     46-4-6.6. Town of Newport — Powers conferred.

     The provisions of § 46-22-14, or any other provisions of the general laws notwithstanding,

and in addition to any authority and powers conferred upon the city council of the city of Newport,

authority shall also be granted to the city council of the city of Newport to authorize for the

appointment of a harbor coordinator and by ordinance grant such authority as the city council may

deem necessary to the harbor coordinator for the enforcement and supervision of any ordinances,

rules, and regulations governing the public waters within its jurisdiction, and to regulate by

ordinance the speed, management, and control of all vessels and the size, type, location, and use of

all anchorages and moorings, within the public waters within the confines of the city including,

without limiting the generality of the foregoing, the authority and power to prohibit waterskiing on

any of the public waters, to designate upon a map of the public waters within the city the places

where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to

remove moorings, to collect a fee for the use of moorings, to provide for minimum mooring

specifications, to provide regulations for houseboats that are not self-propelled as defined in § 42-

17.1-46, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to

provide for the removal of wrecks or derelicts or abandoned boats or docks, and to impose penalties

for violators of the ordinances, not to exceed in amount three hundred dollars ($300) or

imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense,

the fines to be recovered to the use of the city.

     46-4-6.7. Town of Little Compton — Powers conferred.

     (a) The provisions of § 46-22-14, or any other provisions of the general laws

notwithstanding, and in addition to any authority and powers conferred upon the town council of

the town of Little Compton, authority shall also be granted to the town council of the town of Little

Compton to enact ordinances as the town council may deem necessary or desirable for the

enforcement of any rules and regulations established by the town council governing the public

waters within its jurisdiction, and to regulate by ordinance the speed, management, and control of

all vessels and objects and the size, type, location, and use of all anchorages and moorages within

the public waters within the confines of the town, including, without limiting the generality of the

foregoing, the authority and power to regulate waterskiing upon any of the public waters; to

designate upon a map of the public waters within the town the places where permanent or temporary

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moorings or anchorages may be maintained; to assign moorings; to remove moorings; to collect

fees for the use of moorings, the fees to be recovered for use by the town of Little Compton; to

provide for minimum mooring specifications, to provide for inspection of moorings; to provide

regulations for houseboats that are not self-propelled as defined in § 42-17.1-46; to regulate the

location and placement of lobster pots, fish traps, and other fishing gear; to provide regulations for

regattas, races, marine parades, tournaments, and exhibitions; to provide for the removal of wrecks

and derelicts or abandoned boats or docks; to provide for the regulation of skin diving and scuba

diving; to prevent littering and pollution of its public waters; and to impose penalties for violation

of the ordinances not exceeding in amount one hundred dollars ($100) or imprisonment not

exceeding ten (10) days in some jail or house of correction for any one offense and the fines to be

recovered to the use of the town.

     (b) No powers or duties granted herein shall be construed to abrogate the powers or duties

granted to the coastal resources management council as provided in chapter 23 of this title.

     46-4-6.8. Town of Narragansett — Powers conferred.

     (a) The provisions of § 46-22-14 or any other provisions of the general laws

notwithstanding and in addition to any authority and powers conferred upon the town council of

the town of Narragansett, authority shall also be granted to the town council of the town of

Narragansett to authorize the appointment of a harbormaster, assistant harbormasters, and a Harbor

Management Committee and to enact such ordinances as the town council may deem necessary or

desirable for the enforcement and supervision of any ordinances, rules, and regulations governing

the public waters within its jurisdiction, to regulate by ordinance the speed, management, and

control of all vessels and the size, type, location, and use of all anchorages and moorings within the

public waters within the confines of the town including, without limiting the generality of the

foregoing, the authority and power to prohibit waterskiing of any of the public waters, to provide

for the regulation of skin diving, and scuba diving, to designate upon a map of the public waters

within the town the places where permanent or temporary moorings or anchorages may be

maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings,

to provide for minimum mooring specifications, to provide regulations for houseboats that are not

self-propelled as defined in § 42-17.1-46, to provide regulations for regattas, races, marine parades,

tournaments, and exhibitions, to provide for the removal of wrecks or derelicts or abandoned boats

or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one

hundred dollars ($100) or imprisonment not exceeding ten (10) days for any one offense, the fines

to be recovered to the use of the town. The town council shall also have the authority to recover the

cost of removing any wreck or derelicts or abandoned boats or docks from the owner or persons

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responsible for the wrecks, derelicts, abandoned boats, or docks by suit in either the district court

or the superior court of Washington County.

     (b) No powers or duties granted herein shall be construed to abrogate the powers or duties

granted to the coastal resources management council as provided in chapter 23 of this title.

     46-4-6.9. Town of Jamestown — Powers conferred.

     (a) The provisions of § 46-22-14, or any other provisions notwithstanding, and in addition

to any authority and powers conferred upon the town council of the town of Jamestown, authority

shall also be granted to the town council of the town of Jamestown to enact ordinances as the town

council may deem necessary or desirable for the enforcement and supervision of any rules and

regulations established by the town council governing the public waters within its jurisdiction, and

to regulate by ordinance the speed, management, and control of all vessels and the size, type,

location, and use of all anchorages and moorages within the public waters within the confines of

the town, including, without limiting the generality of the foregoing, the authority and power to

regulate waterskiing upon any of the public waters; to designate upon a map of the public waters

within the town the places where permanent or temporary moorings or anchorages may be

maintained; to assign moorings; to remove moorings; to collect fees for the use of moorings; to

provide for minimum mooring specifications; to provide for inspection of moorings; to provide

regulations for houseboats that are not self-propelled as defined in § 42-17.1-46; to provide

regulations for regattas, races, marine parades, tournaments, and exhibitions; to provide for the

removal of wrecks or derelict or abandoned boats or docks; to provide for the regulation of skin

diving and scuba diving; and to impose penalties for violation of the ordinances not exceeding in

amount one hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or

house of correction for any one offense and the fines to be recovered to the use of the town.

     (b) No powers or duties granted herein shall be construed to abrogate the powers or duties

granted to the coastal resources management council as provided in chapter 23 of this title, as

amended.

     46-4-6.10. Town of New Shoreham — Powers conferred.

     (a) The provisions of § 46-22-14, or any other provisions of the general laws

notwithstanding, and in addition to any authority or powers conferred upon the town council of the

town of New Shoreham authority shall also be granted to the town council of the town of New

Shoreham to authorize it for the appointment of a harbormaster and by ordinance grant such

authority as the town council may deem necessary to the harbormaster for the enforcement and

supervision of any ordinances, rules, and regulations governing the public waters within its

jurisdiction, and to regulate by ordinance the speed, management, and control of all vessels, and

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the size, type, location, and use of all anchorages and moorings within the public waters within the

confines of the town, including, without limiting the generality of the foregoing, the authority and

power to prohibit waterskiing on any public waters, to designate upon a map of the public waters

within the town, the places where permanent or temporary moorings or anchorages may be

maintained, to assign moorings, to remove moorings, to collect a fee for the use of moorings, to

provide regulations for houseboats that are not self-propelled as defined in § 42-17.1-46, to provide

regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the

removal of wrecks or derelicts or abandoned boats or docks, and to impose penalties for violators

of the ordinances, not to exceed in amount one hundred dollars ($100) or imprisonment not

exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be

recovered to the use of the town. The town council shall also have the authority to recover the cost

of removing any wreck or derelicts or abandoned boats or docks from the owner or persons

responsible for the wrecks, derelicts, abandoned boats, or docks by suit in either the district court

or the superior court of Washington County.

     (b) No powers or duties granted herein shall be construed to abrogate the powers or duties

granted to the coastal resources management council as provided in chapter 23 of this title, as

amended.

     46-4-6.11. Town of Charlestown — Powers conferred.

     (a) In addition to any authority or powers conferred upon the town council of the town of

Charlestown, authority shall also be granted to the town council of the town of Charlestown to

authorize it for the appointment of a harbormaster and by ordinance grant such authority as the

town council may deem necessary to the harbormaster for the enforcement and supervision of any

ordinances, rules, and regulations governing the public waters within its jurisdiction, and to regulate

by ordinance the speed, management, and control of all vessels, and the size, type, location, and

use of all anchorages and moorings within the public waters within the confines of the town,

including, without limiting the generality of the foregoing, the authority and power to prohibit

waterskiing on any said public waters, to designate upon a map of the public waters within the

town, the places where permanent or temporary moorings or anchorages may be maintained, to

assign moorings, to remove moorings, to collect a fee for the use of moorings, to provide

regulations for houseboats that are not self-propelled as defined in § 42-17.1-46, to provide

regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the

removal of wrecks or derelicts or abandoned boats, and to impose penalties for violators of the

ordinances, not to exceed in amount one hundred dollars ($100) or imprisonment not exceeding ten

(10) days in some jail or house of correction, for any one offense, the fines to be recovered to the

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use of the town. The town council shall also have the authority to recover the cost of removing any

wreck or derelicts or abandoned boats from the owner or persons responsible for the wrecks,

derelicts, or abandoned boats by suit in either the district court or the superior court of Washington

County.

     (b) No powers or duties granted herein shall be construed to abrogate the powers or duties

granted to the coastal resources management council as provided in chapter 23 of this title, as

amended.

     46-4-6.12. Town of Middletown — Powers conferred.

     (a) The provisions of § 46-22-14, or any other provisions of the general laws

notwithstanding, and in addition to any authority and powers conferred upon the town council of

the town of Middletown, authority shall also be granted to the town council of the town of

Middletown to authorize for the appointment of a harbormaster and by ordinance grant such

authority as the town council may deem necessary to the harbormaster for the enforcement and

supervision of any ordinances, rules, and regulations governing the public waters within its

jurisdiction, to regulate by ordinance the speed, management, and control of all vessels, both wind

and power, and the number, size, type, location, and use of all anchorages and moorings within the

public waters within the confines of the town including, without limiting the generality of the

foregoing, the authority and power to prohibit waterskiing on any of the public waters, to provide

for the regulation of skin diving and scuba diving, to designate upon a map of the public waters

within the towns the places where permanent or temporary moorings or anchorages may be

maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings,

to provide for minimum mooring specifications, to provide regulations for houseboats that are not

self-propelled as defined in § 42-17.1-46, to provide regulations for regattas, races, marine parades,

tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats

or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one

hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of

correction, for any one offense, the fines to be recovered to the use of said town.

     (b) No powers or duties granted herein shall be construed to abrogate the powers or duties

granted to the coastal resources management council as provided in chapter 23 of this title.

     46-4-6.13. Town of Portsmouth — Powers conferred.

     (a) The provisions of § 46-22-14 or any other provisions of the general laws

notwithstanding, and in addition to any authority and powers conferred upon the town council of

the town of Portsmouth authority shall also be granted to the town council of the town of

Portsmouth to authorize for the appointment of a harbormaster and by ordinance grant such

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authority as the town council may deem necessary to the harbormaster for the enforcement and

supervision of any ordinances, rules, and regulations governing the public waters within its

jurisdiction, to regulate by ordinance the speed, management, and control of all vessels, both wind

and power, and the number, size, type, location, and use of all anchorages and moorings within the

public waters within the confines of the town, including, without limiting the generality of the

foregoing, the authority and power to prohibit waterskiing on any of the public waters, to provide

for the regulation of skin diving and scuba diving, to designate upon a map of the public waters

within the town the places where permanent or temporary moorings or anchorages may be

maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings,

to provide for minimum mooring specifications, to provide regulations for houseboats that are not

self-propelled as defined in § 42-17.1-46, to provide regulations for regattas, races, marine parades,

tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats

or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one

hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of

correction, for any one offense, the fines to be recovered to the use of the town.

     (b) No powers or duties granted herein shall be construed to abrogate the powers or duties

granted to the coastal resources management council as provided in chapter 23 of this title and,

further, the provisions of this section shall not affect the location or assignment of any moorings

existing on June 27, 1986, except that those deemed by the harbormaster to be located at an

unacceptable site shall be moved should he or she so order.

     46-4-6.14. Town of East Greenwich — Powers conferred.

     (a) The provisions of § 46-22-14, or any other provisions of the general laws

notwithstanding, and in addition to any authority and powers conferred upon the town council of

the town of East Greenwich, authority shall also be granted to the town council of the town of East

Greenwich to authorize for the appointment of a harbormaster and by ordinance grant such

authority as the town council may deem necessary to the harbormaster for the enforcement and

supervision of any ordinances, rules, and regulations governing the public waters within its

jurisdiction, to regulate by ordinance the speed, management, and control of all vessels, both wind

and power, and the number, size, type, location, and use of all anchorages and moorings within the

public waters within the confines of the town including, without limiting the generality of the

foregoing, the authority and power to prohibit waterskiing on any of the public waters, to provide

for the regulation of skindiving and scubadiving, to designate upon a map of the public waters

within the town the places where permanent or temporary moorings or anchorages may be

maintained, to assign moorings, to remove moorings, to set and collect a fee for the use of moorings,

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to provide for minimum mooring specifications, to provide regulations for houseboats that are not

self-propelled as defined in § 42-17.1-46, to provide regulations for regattas, races, marine parades,

tournaments, and exhibitions, to provide for the removal of wrecks or derelict or abandoned boats

or docks, and to impose penalties for violation of the ordinances, not exceeding in amount one

hundred dollars ($100) or imprisonment not exceeding ten (10) days in some jail or house of

correction, for any one offense, the fines to be recovered to the use of the town.

     (b) No powers or duties granted herein shall be construed to abrogate the powers or duties

granted to the coastal resources management council as provided in chapter 23 of this title.

     46-4-6.15. Town of Cranston — Powers conferred.

     (a) The provisions of § 46-22-14, or any other provisions of the general laws

notwithstanding, and in addition to any authority and powers conferred upon the city council of the

city of Cranston, authority shall also be granted to the city council of the city of Cranston to

authorize for the appointment of a harbormaster and by ordinance grant such authority as the said

city council may deem necessary to the harbormaster for the enforcement and supervision of any

ordinances, rules and regulations governing the public waters within its jurisdiction, to regulate by

ordinance the speed, management and control of all vessels, both wind and power, and the number,

size, type, location and use of all anchorages and moorings within the public waters within the

confines of the city including, without limiting the generality of the foregoing, the authority and

power to prohibit waterskiing on any of the public waters, to provide for the regulation of skin

diving and scuba diving, to designate upon a map of the public waters within the city the places

where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to

remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring

specifications, to provide regulations for houseboats that are not self-propelled as defined in § 42-

17.1-46, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to

provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties

for violation of the ordinances, not exceeding in an amount of one hundred dollars ($100) or

imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense,

the fines to be recovered to the use of the city.

     (b) No powers or duties granted herein shall be construed to abrogate the powers or duties

granted to the coastal resources management council as provided in chapter 23 of this title.

     46-4-6.16. Town of Warren — Powers conferred.

     (a) The provision of § 46-22-14 or any other provisions of the general laws notwithstanding

and in addition to any authority and powers conferred upon the town council of the town of Warren,

authority shall also be granted to the town council of the town of Warren to authorize for the

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appointment of a harbormaster and by ordinance grant such authority as the town council may deem

necessary to the harbormaster for the enforcement and supervision of any ordinances, rules, and

regulations governing the public waters within its jurisdiction, to regulate by ordinance the speed,

management, and control of all vessels, both wind and power, and the number, size, type, location,

and use of all anchorages and moorings within the public waters within the confines of the town

including, without limiting the generality of the foregoing, the authority and power to prohibit

waterskiing on any of the public waters, to provide for the regulation of skin diving and scuba

diving, to designate upon a map of the public waters within the town the places where permanent

or temporary moorings or anchorages may be maintained, to assign moorings, to remove moorings,

to set and collect a fee for the use of moorings, to provide for minimum mooring specifications, to

provide regulations for houseboats that are not self-propelled as defined in § 42-17.1-46, to provide

regulations for regattas, races, marine parades, tournaments, and exhibitions, to provide for the

removal of wrecks or derelict or abandoned boats or docks, and to impose penalties for violation

of the ordinances, not exceeding in amount one hundred dollars ($100) or imprisonment not

exceeding ten (10) days in some jail or house of correction, for any one offense, the fines to be

recovered to the use of said town.

     (b) No powers or duties granted herein shall be construed to abrogate the powers or duties

granted to the coastal resources management council as provided in chapter 23 of this title.

     46-4-6.17. Town of Westerly — Powers conferred.

     (a) The provisions of § 46-22-14, or any other provisions of the general laws

notwithstanding, and in addition to any authority and powers conferred upon the town council of

the town of Westerly, authority shall also be granted to the town council of the town of Westerly

to authorize for the appointment of a harbormaster and by ordinance grant such authority as the

town council may deem necessary to the harbormaster for the enforcement and supervision of any

ordinances, rules, and regulations governing the public waters within its jurisdiction, to regulate by

ordinance the speed, management, and control of all vessels, both wind and power, and the number,

size, type, location, and use of all anchorages and moorings within the public waters within the

confines of the town including, without limiting the generality of the foregoing, the authority and

power to prohibit water-skiing on any of the public waters, to provide for the regulation of skin

diving and scuba diving, to designate upon a map of the public waters within the towns the places

where permanent or temporary moorings or anchorages may be maintained, to assign moorings, to

remove moorings, to set and collect a fee for the use of moorings, to provide for minimum mooring

specifications, to provide regulations for houseboats that are not self-propelled as defined in § 42-

17.1-46, to provide regulations for regattas, races, marine parades, tournaments, and exhibitions, to

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provide for the removal of wrecks or derelict or abandoned boats or docks, and to impose penalties

for violation of the ordinances, not exceeding in amount one hundred dollars ($100) or

imprisonment not exceeding ten (10) days in some jail or house of correction, for any one offense,

the fines to be recovered to the use of said town.

     (b) No powers or duties granted herein shall be construed to abrogate the powers or duties

granted to the coastal resources management council as provided in chapter 23 of this title.

     SECTION 2. Chapter 42-17.1 of the General Laws entitled "Department of Environmental

Management" is hereby amended by adding thereto the following section:

     42-17.1-46. Definition of "houseboat".

     For purposes of this chapter:

     "Houseboat" means a motorized or non-motorized vessel constructed on a float, raft, or

barge with low freeboard, little or no foredeck or cockpit, that is used as a place of habitation and/or

multi-purpose accommodation which is registered or unregistered. If used as a means of

transportation, this use is secondary. "Houseboat" includes platforms, and waterborne hotels and

restaurants.

     SECTION 3. Section 46-22-9.1 of the General Laws in Chapter 46-22 entitled "Regulation

of Boats" is hereby amended to read as follows:

     46-22-9.1. Houseboats — Exclusion from coastal ponds.

     (a) No person shall live on a houseboat on any coastal pond in this state.

     (b) As used in this section, “houseboat,” means a building constructed on a float, raft, or

barge that is used for single or multiple family habitation or is represented as a place of business.

If used as a means of transportation, this use is secondary. “Houseboat” includes platforms, and

waterborne hotels and restaurants "houseboat" means a motorized or non-motorized vessel

constructed on a float, raft, or barge with low freeboard, little or no foredeck or cockpit, that is used

as a place of habitation and/or multi-purpose accommodation which is registered or unregistered.

If used as a means of transportation, this use is secondary. "Houseboat" includes platforms, and

waterborne hotels and restaurants.

     (c) A “coastal pond”, as used in this section, shall be as designated or defined in the rules

and regulations of the coastal resources management council.

     SECTION 4. Chapter 46-23 of the General Laws entitled "Coastal Resources Management

Council" is hereby amended by adding thereto the following section:

     46-23-27. Definition of "houseboat".

     For purposes of this chapter:

     "Houseboat" means a motorized or non-motorized vessel constructed on a float, raft, or

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barge with low freeboard, little or no foredeck or cockpit, that is used as a place of habitation and/or

multi-purpose accommodation which is registered or unregistered. If used as a means of

transportation, this use is secondary. "Houseboat" includes platforms, and waterborne hotels and

restaurants.

     SECTION 5. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO WATERS AND NAVIGATION -- HARBORS AND HARBOR LINES

***

     This act would amend the definition of a "houseboat" to include motorized or non-

motorized vessels.

     This act would take effect upon passage.

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