§ 93.05  USAGE POLICIES.
   (A)   Commercial activity. Commercial activity within the park, and on the boardwalk and boat piers, including, but not limited to, the vending and the solicitation of products or services, is prohibited. In addition, except as may otherwise be permitted, the boardwalk and boat piers shall not be used for private, commercial or business use including, but not limited to, the use of tables, chairs, bandstands, signs, or use for social or business functions, which in any way interferes with the public use of the boardwalk or boat piers.
   (B)   Parking. Parking for the park and to access the boardwalk from the park grounds is allowed only in designated areas. Parking areas at the park are reserved for park and boardwalk use only. Parking may not be reserved for events or activities unrelated to the town. The town reserves the right to tow vehicles in violation of this policy. Although the park is closed at dusk, the parking areas within the park shall be open, except between the hours of 1:00 a.m. and 5:00 a.m., and individuals shall be allowed to traverse the park at times when the park is closed but the parking area is open, provided they are doing so for the sole purpose of leaving from or returning to a vehicle within the parking area.
   (C)   Canoes/kayaks/stand up paddle boards and similar watercraft. Canoes, kayaks, stand up paddle boards and similar watercraft may only be launched, tied up or left for a period not to exceed 4 hours per day in designated areas within the park, along the boardwalk or on the boat piers. Canoes, kayaks, stand up paddle boards and similar watercraft left unattended are the sole responsibility of the owner. Canoes, kayaks, stand up paddle boards and similar watercraft may not be left within the park, along the boardwalk or on the boat piers overnight.
   (D)   Other watercraft. Watercraft of any type, including, but not limited, to personal watercraft, other than canoes, kayaks, stand up paddle boards and similar watercraft, may not be launched from within the park. In addition, watercraft of any type may not be tied off or tethered to the boardwalk or to any feature along the shoreline of the park. The anchoring of watercraft within 100 feet of the boardwalk of the park is prohibited.
   (E)   Boat pier usage. The boat piers, located at the southern and northern termini of the boardwalk, are intended for the mooring of motorized and non-motorized watercraft. Watercraft utilizing the piers may only moor in designated areas. Slips associated with the piers are reserved for watercraft that can seat 4 or more individuals and may only be utilized for a period not to exceed 4 hours per watercraft per day. Canoes and kayaks may be launched or tied up to the boat piers in designated areas.
   (F)   Pets. Pets are allowed within the park on the boardwalk and on the boat piers, and shall be on a leash in accordance with town ordinances. Pets are prohibited from entering the water from the park along the boardwalk or on the boat piers. Pet owners shall dispose in waste containers any waste left by the animal.
   (G)   Wildlife. Hunting, chasing, feeding or otherwise harassing wildlife within the park and on the boardwalk and boat piers is prohibited.
   (H)   Fishing and crabbing. Fishing and crabbing are allowed on the boardwalk and boat piers in designated areas only. Fishing and crabbing from the shoreline of the park are prohibited.
   (I)   Swimming. Swimming, wading, diving, or otherwise entering the water from the shoreline of the park, the boardwalk or the boat piers, that is not related to the launching, docking, or rescue of authorized watercraft, is prohibited.
   (J)   Alcoholic beverages and controlled substances. The use, possession, sale or distribution of alcoholic beverages or controlled substances is prohibited within the park, on the boardwalk and on the boat piers.
   (K)   Smoking. The use of cigarettes, cigars, or similar products is prohibited within the park, on the boardwalk and on the boat piers.
   (L)   Littering. Littering or dumping of waste within the park, on the boardwalk and on the boat piers is prohibited. All waste shall be disposed of in waste containers.
   (M)   Weddings. The park, park amenities, including, but not limited to, the gazebo, picnic shelter and amphitheater, the boardwalk and the boat piers, shall not be reserved for weddings. Weddings are not prohibited; however, no portion of the park, boardwalk or boat piers shall be closed to accommodate the event. The use of additional equipment, including, but not limited to, chairs, tables, tents, cooking devices, sound-amplifying devices, and the like is strictly prohibited.
   (N)   Special events. Special events not associated with town activities are generally prohibited. However, permission to hold a special event may be requested in writing from the Town Manager, on forms provided by the town. Events to be held during the period between November 1 and May 31 of each year are preferred. The event shall be open to the general public, be free of charge, be deemed to be for the good of the community, be sponsored by or to benefit a not-for-profit organization, and/or be in partnership with the town.
   (O)   Children. Children under the age of 12 shall be under the supervision of an adult who is physically present within the park, on the boardwalk and on the boat piers.
   (P)   Fireworks. Fireworks(includes sparklers) are prohibited within the park, on the boardwalk and on boat piers.
   (Q)   Gazebo/picnic shelter/amphitheater. The gazebo, picnic shelter and amphitheater are available within the park on a first come-first serve basis. Features of these amenities, such as electricity, lighting, storage areas and dressing rooms, shall not be available for general or casual use. The use of the gazebo, picnic shelter or amphitheater for town-sponsored events shall take precedence over all other uses.
   (R)   Open fires/grills. Open fires, including the use of grills or cooking devices of any kind, are prohibited within the park, on the boardwalk and on the boat piers.
   (S)   Damage to town property. It shall be unlawful for any person to damage town property, including, but not limited to, defacement of property with graffiti, damaging furniture or fixtures, or damaging trees or vegetation within the park, on the boardwalk and on the boat piers.
   (T)   Bicycles/rollerblades/skateboards. The use of bicycles, rollerblades, skateboards and similar apparatus is prohibited on the trails and grounds, within the park, on the boardwalk and on the boat piers.
   (U)   Motorized vehicles. Motorized vehicles of any kind, whether powered by gasoline, diesel or other fuel source, batteries, or similar devices, are allowed only in designated parking areas within the park, and are prohibited within other areas of the park, on the boardwalk and on the boat piers. This prohibition shall not apply to town employees or contractors working on behalf of the town, or to persons who are required to use a motorized vehicle due to a disability.
   (V)   Electric personal assistive devices (“EPAMDs”). Electric personal assistive mobility devices (“EPAMDs”) (including, but not limited, to Segways and similar devices as defined in G.S. § 20-4.01(7b)), are not permitted within the Central Village Commercial Area of the town in accordance with Chapter 70 of the Town Code of Ordinances. This area includes the park, boardwalk, and boat piers. This prohibition shall not apply to town employees or contractors working on behalf of the town, or to persons who are required to use a motorized vehicle due to a disability.
   (W)   Radios/musical instruments. The playing of radios and musical instruments is allowed within the park, on the boardwalk and on the boat piers, provided that the volume of such devices does not affect the peaceful repose of others.
   (X)   Tents, umbrellas. The erection of tents, umbrellas, or similar products is prohibited within the park.
   (Y)   Footwear required. For the safety of the individuals using the park, boardwalk and boat piers, the use of footwear is required.
   (Z)   Accessing private property from boardwalk prohibited. Unless otherwise permitted, it shall be unlawful to access private property from the boardwalk.
(Ord. 07-07, passed 5-2-2007; Am. Ord. 09-01, passed 2-4-2009; Am. Ord. 10-09, passed 7-7-2010; Am. Ord. 11-03, passed 4-6-2011; Am. Ord. 14-04, passed 9-3-2014; Am. Ord. 19-08, passed 11-6-2019)  Penalty, see § 93.99