§ 10-4. General regulations.
The following regulations shall apply to all shoreline areas:
(1)
No junk or abandoned vessels shall be allowed within the shoreline area; notice and seizure of abandoned and/or junk vessels. The Harbor Master shall make every reasonable effort to contact the owner of any vessel that is determined to be abandoned or junked within the shoreline area; however, if a vessel is on private property (i.e., private boat slip) it shall be up to the owner to take legal actions to remove the vessel. If a public health or safety issue is eminent (i.e., the vessel appears to be sinking or dragging anchor), the Harbor Master may seize the vessel and have it moved to a secure location immediately. If no public health or safety issues are determined and after 30 days from the first attempt at contacting the owner, or after giving 30 days' notice to the owner, the Harbor Master may seize the vessel and have it moved to a secure location.
a.
Claiming a seized vessel. If the vessel is moved by the town it shall not be released to the owner until all fees incurred by the town have been paid.
b.
Failure to claim a seized vessel. Within 30 days, procedures in North Carolina General Statutes (G.S. 15-11 through 15-17) or any successor statute) shall be used by the Harbor Master to sell the property.
(2)
Repairing, fitting out, etc., of vessels. Routine maintenance and minor repairs necessary for the preservation and seaworthiness of the vessel may be performed within the shoreline area. Major repairs shall not be performed on any vessel within the shoreline area unless approved by the Harbor Master. Routine maintenance and minor repairs are considered to be those which:
a.
Do not disturb the public peace and tranquility of any person aboard any boat under the jurisdiction of the town.
b.
Do not contribute to a disorderly or unsightly appearance during the process of repair or maintenance.
c.
Are capable of accomplishment with hand tools or certain portable power tools normally carried aboard the vessel.
d.
Are confined to the vessel.
(3)
Marine debris/waste. The disposal of treated or untreated boat sewage wastes by any means into the jurisdictional waters of the town is prohibited. The discharge of any waste, garbage, refuse, petroleum product or byproduct, paint, varnish, dead animals, fish, bait, or any other debris is prohibited under this chapter. It shall be unlawful to utilize any toilet or shower facilities on boats which are not equipped in accordance and compliance with federal regulations on marine waste disposal. Use of the pump out facility located at the fuel dock of the town marina or some other pump out facility is required on an as needed basis.
(4)
Vessel speed. All vessels in the shoreline area shall operate at no wake speed.
(5)
Anchorage regulations.
a.
No anchorage shall be allowed in the following locations:
1.
In a designated navigational channel.
2.
Within 100 feet of a dock, pier, or designated mooring field.
3.
Within the designated mooring field.
4.
Within the confines of the town marina.
b.
Vessels shall not anchor in a manner in which jeopardizes others at anchor; might cause damage to other property or persons; or impedes access to docks or slips.
(6)
Placement of buoys, markers. Any entity placing any type of buoy or marker in the shoreline area shall be responsible for obtaining permits from the division of coastal management and all other relevant local, state or federal regulations.
(7)
Swimming. Swimming is prohibited in all navigation channels. It shall be unlawful for any person to swim or dive in the waters of the town marina except as authorized by the Harbor Master (i.e., for repairs to vessels) or town council (i.e., special event).
(8)
Fishing. The placement of crab pots, pot floats, and fish nets is prohibited in all federal navigation channels, the town mooring field, and town marina. Fishing shall only be allowed in designated locations where the town owns land adjacent to Myrtle Grove Sound.
(9)
Living aboard a boat.
a.
The town shall continue to prohibit the occupation of public trust waters by floating homes.
b.
Marinas may allow for live aboard families on vessels located in approved boat slips.
(10)
Special events. The town may authorize, in accordance with all appropriate local, state and federal guidelines, certain special events, such as swimming races, regattas, marine parades, or other marine and maritime activities that may from time to time be held on or in the coastal waters and harbor areas under the jurisdiction of the town.
(11)
Commercial activities.
a.
Construction. Any construction in the shoreline area shall have a valid permit from the regulating authority (i.e., local, state, and/or federal). Where no permits are required from another state or federal government agency, the commercial operator shall obtain a permit from the town authorizing work to be conducted in the shoreline area. The permit shall:
1.
State the work to be done;
2.
List equipment that will be utilized; and
3.
Give a timeframe that the equipment will be needed to complete the job. The Harbor Master shall have the authority to limit the timeframe based on the amount of work being conducted.
Any equipment associated with the work shall be removed from the shoreline area within seven days of the last day listed on the timeline or within seven days of the regulating authority finalizing the work that was completing.
b.
Commercial business allowances shall be reviewed in accordance with the allowances granted by chapter 40, zoning, and as specifically permitted in this chapter.
(12)
Liability. The town assumes no liability for the use of Myrtle Grove Sound which includes all shoreline areas. The town neither assumes nor accepts responsibility for personal possessions, vessels, dinghies or their contents or use while said vessels are located within shoreline areas. Persons using the shoreline area shall assume all risk of personal injury and damage or loss of their property. The town assumes no risk due to accident, fire, theft, vandalism, or acts of God.
(13)
Indemnification. All users of the shoreline area shall indemnify the town and all employees from all claims for damages, losses, expenses, and costs of any nature, arising by reason of use of the mooring.
(Code 1986, § 6-5; Ord. No. 12-883, 2-14-2012)