Waters and Navigation

Harbors and Harbor Lines

SECTION 46-4-6.13

§ 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 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, 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.

History of Section.
(P.L. 1986, ch. 462, § 1; P.L. 2007, ch. 340, § 38.)