(A) The following activities shall be considered unlawful within the dune system:
(1) Walking or traversing on the dunes outside of an improved or unimproved dune walkover access as defined in § 94.04;
(2) Utilizing an improved dune walkover structure that has been damaged and officially posted by the town’s Building Inspector as an unsafe structure;
(3) Removing, damaging, or destroying healthy, non-invasive dune plant species including, but not limited to, Sea Oats (Uniola paniculata), Bitter Panicum (Panicum amarum), Seashore Elder (Iva imbricata), and American Beachgrass (Ammophila breviligulata);
(4) Installation of vegetation inconsistent with sand dune systems, such as lawn grasses or sod, or herbaceous varieties that are not commonly known as “salt-tolerant” dune varieties or that may be determined to be “invasive exotic species”;
(5) Degrading, disturbing, or compromising the integrity of the dune structure. These prohibited activities include, but shall not be limited to:
(a) Digging, shelling, mining, or mechanical alteration of the dune topography;
(b) Playing, sliding, climbing, or rappelling on the frontal or primary dune or the dune escarpment; and
(c) Discharging water into the dune where it will cause significant scouring or erosion or otherwise affect the integrity of the dune.
(6) Development activities without a valid building permit, Health Department approval, or CAMA authorization;
(7) Storing objects, equipment or construction materials; and
(8) Littering.
(B) The following activities shall be considered unlawful on the beach, as defined in § 94.04:
(1) Erection of a beach tent, beach umbrella or similar device that meets any of the following conditions as determined by ocean rescue personnel:
(a) When, due to beach width, tide levels, crowd conditions, or other factors, placement of beach tents, beach umbrellas or similar devices will obstruct the passage of emergency or ocean rescue vehicles or the line of sight from lifeguard stands or other surveillance areas.
1. In such instances, areas may be designated by ocean rescue personnel where the use of beach tents, beach umbrellas or similar devices shall be temporarily prohibited.
2. At any time when beach tents, beach umbrellas or similar devices are prohibited in designated areas, an identifier shall be placed at each end of the subject area so as to be readily visible to all person within the area.
3. To allow for emergency vehicle access:
a. Beach tents, beach umbrellas or similar devices shall not be placed within 15 feet of the base of the seaward toe of the primary dune. Emergency services personnel have the right to move beach equipment as necessary to ensure a clear path for travel and access, and a clear line of sight for safety purposes.
b. Beach tents, beach umbrellas or similar devices may not be located any closer than 10 feet from dune vegetation or a sea turtle nest.
c. All community beach accessway points and lifeguard stands shall be free and clear of all obstructions.
d. Beach tents or commercial beach equipment may not be located any closer than 50 feet in any direction from a lifeguard stand, or emergency or community beach accessway. For community beach accessways, the minimum distance shall be measured from a straight line extending from the beach accessway structure or primary foot path extending to the waters of the ocean.
(b) Beach tents or similar devices shall not be greater than 12 feet by 12 feet in area or higher than 9 feet above the surface of the beach when installed. No guy lines may extend beyond the 12 feet by 12 feet maximum perimeter of a beach tent, beach umbrella or similar device.
(c) Beach tents or similar devices may not be tied together unless they are placed perpendicular to the shore. No more than 2 beach tents or similar devices may be tied together. All other beach tents and similar devices shall be placed no closer than 10 feet apart parallel to the shore.
(d) Beach tents, beach umbrellas or similar devices shall only be permitted provided they are secured in such a fashion as to restrict uncontrolled movement of the device. They must be secured with fasteners, stakes, weights, or the like that will not endanger beach patrons. In no instance shall guy lines extend beyond the perimeter of the shading device.
(2) Leaving unattended personal articles on the beach between the hours of 6:30 p.m. and 6:30 a.m. These items may include, but shall not be limited to, volleyball, badminton and tennis nets, poles, beach tents, beach umbrellas or similar devices, chairs, cabanas, sunshades, horseshoe stakes, croquet courses, umbrellas or any other personal property items. Unattended items left on the beach between these hours shall be considered litter and may be subject to removal and disposal.
(3) A business that rents beach equipment may not place or erect said equipment solely for advertising purposes. Such business shall abide by all rules and regulations pertaining to their particular license that has been issued to them and must adhere to the installation and removal policies outlined in § 94.04.
(4) Beach fires as prohibited in § 91.21.
(5) Substantially altering the contour or shape of the flat beach area by excessive digging or mounding of sand whereby, in the opinion of public safety personnel, such alteration presents a dangerous condition. Persons responsible for altering the contour or shape of the beach to any extent shall restore the beach to its original condition prior to leaving the area unattended for any period of time.
(6) Littering.
(7) Violations of § 90.06 related to mandatory removal of dog feces on the ocean beach.
(C) Beach equipment vendor services shall comply with the following regulations:
(1) Commercial beach equipment must contain vendor identification.
(a) Commercial beach equipment shall be limited to incidental commercial signage. Specifically, individual beach tents, beach umbrellas, similar devices and equipment signs shall not exceed 144 square inches in area. There shall not be more than 2 signs on any individual piece of equipment.
(b) Sign area means the area of signs composed, in whole or in part, of freestanding letters, devices or sculptured matter not mounted on a measurable surface shall be construed to be the area of the least square, rectangle or circle that will enclose the letters, devices and/or sculptured matter.
(c) Commercial beach equipment sign age shall be submitted by the beach equipment vendor to the Department of Community Development as part of the annual licensing approval. In addition to the 144 square inches of sign area allowed, beach equipment vendors may have a maximum 3-digit property identification number not to exceed 6 inches in height on equipment. Property identifiers shall be located on the interior or underside of any beach equipment.
(2) All transactions/solicitations of business related to the operation of the beach equipment vendor service, including tips, shall occur off the beach, i.e., west of the dune, and shall not occur at any beach accessway. Beach equipment shall not be placed on the beach without an advance request for such service by the customer. Beach equipment vendors shall not place beach equipment on the beach without an advance request for such service by the beachgoers to be served or someone that has requested on their behalf.
(3) Any violation of these regulations may result in any of the following actions:
(a) Removal and disposal of beach equipment (left on the beach overnight);
(b) Issuance of civil penalty pursuant to § 10.99 of this code; or
(c) Revocation of the license. Three separate violations in one calendar year shall result in immediate revocation of the license for the remainder of the calendar year or a period of 9 months, whichever is greater. If any license is revoked by the Department of Community Development, the license holder may appeal to the Town Council by filing a notice of appeal with the Town Clerk within 10 days of the adverse action being appealed. Appeals shall be made on a form prescribed by the town. Appeals shall be scheduled for a hearing at the next regular meeting of the Town Council held more than 20 days after the appeal is filed with the Town Clerk.
(D) Beach Vitex (Vitex rotundifolia). The plant known as Beach Vitex (Vitex rotundifolia) is hereby found and declared to be a public nuisance due to the significant negative impacts this plant will have upon the beaches and dune system, nesting sea turtles, and native vegetation such as Sea Oats, Bitter Panicum, Seashore Elder, and American Beachgrass. It shall be unlawful for any person to plant or cause to be planted Beach Vitex (Vitex rotundifolia) on any property located within the corporate limits of the town.
(E) Exemptions. The town hereby encourages responsible dune management activities including proper construction and maintenance of improved dune walkover structures, the use of shared and/or community beach accesses, the proper installation and maintenance of sand fencing, and planting of native, salt tolerant dune vegetation. Therefore, this section shall not apply to the following activities:
(1) Development activities authorized or permitted by the Town, the Dare County Department of Environmental Health, or CAMA;
(2) Dune or property maintenance activities including planting or fertilization of vegetation, sand fence installation, minor dune repairs, and removal of litter or debris;
(3) Activities within the developed portion of the dune system;
(4) Federal, state, and local officials engaged in official regulatory activities; and
(5) Persons engaged in research, conservation, or extension activities as authorized by the Town Manager.
(Ord. 09-04, passed 4-8-2009; Am. Ord. 11-02, passed 3-2-2011; Am. Ord. 13-03, passed 4-3-2013; Am. Ord. 23-15, passed 12-6-2023) Penalty, see § 94.99