(A) The Town Manager, or the Town Manager’s designee, shall administer the provisions of this chapter. The Town Manager may establish rules and a fee schedule for the use and operation of the Town Docks consistent with the provisions of this chapter. An owner shall remove any vessel from the Town Docks if the owner or vessel remains in willful violation of any of the use and operation rules established by the Town Manager or, if in the judgement of the Town Manager, the continued mooring of a vessel during inclement weather could damage the docks.
(B) The mooring of vessels at or adjacent to the Town Docks shall be in locations designated by the Town Manager. The Town Manager may also designate certain docking areas to be available for the short-term daily docking of vessels in lengths which may be governed by the rules. Anchoring in areas enclosed by the breakwater surrounding the Town Docks is prohibited.
(C) The Edenton Town Docks are reserved for the mooring of recreational boats only. The Town Manager may, in her or his discretion and as deemed appropriate, issue a mooring permit for certain commercial vessels engaged in activities such as passenger transportation (cruise vessels), historical displays, maritime training, government research, law enforcement and aids to navigation maintenance. The Town Manager may allow passenger “water taxi” enterprises to moor on a short-term basis for the purpose of loading and unloading passengers at the Town Docks.
(D) No vessel engaged in private commercial enterprise, including commercial fishing of any type, shall be allowed to moor, or load and unload equipment or catch, at the Town Docks. No person shall operate a commercial enterprise sale of goods from any boat moored at the Town Docks.
(E) No person shall swim or dive from the Town Docks or from any vessel moored at the Town Docks. Fishing shall not be permitted in those areas of the Town Docks reserved for the mooring of boats.
(F) Areas of the Town Docks exclusively maintained as boat-mooring areas shall be accessible only by boat owners and their guests. No person shall climb into or upon any vessel moored, docked or anchored at the Town Docks without the consent of the owners or other person having charge thereof.
(G) No person shall willfully or carelessly destroy, damage, disturb, deface or interfere with any buoy, float, life preserver, navigational marker, light, sign, lines, bumpers or dock appurtenance, in the jurisdiction of the town.
(H) Mooring at the Town Docks shall be limited to a period of seven days. The first 48 hours of a stay shall be free of charge. A vessel shall be limited to a single free of charge period for any stays within a 30-day period. The Town Manager may issue a special permit for mooring periods beyond seven days as deemed appropriate due to exigent circumstances.
(I) Any vessel moored at the Town Docks which is not seaworthy, or is not in overall good condition, or which constitutes a fire hazard or a threat to the environment or public health and safety shall immediately be removed by the owner. If a vessel shall sink at the Town Docks, the owner thereof shall immediately remove the submerged vessel at his or her own expense.
(J) If a vessel owner remains in willful violation of established rules, or if a vessel remains beyond a period of seven days without a special permit from the Town Manager, or is abandoned, or is not removed upon a finding of any of the conditions herein, or remains submerged after sinking, then the Town Manager may cause the vessel to be removed and stored. The cost of the removal and storage and the cost of any damages and cleanup of the Town Docks, shoreline and waters within the town’s jurisdiction shall be the responsibility of the boat owner. The costs shall attach as a lien against the vessel as may be allowed by federal and state law.
(K) The Town Manager, in her or his discretion and based on circumstances benefiting the public, may suspend portions of this chapter and rules governing the operation of the Edenton Town Docks for the purpose of accommodating special events, appropriate holidays, emergencies including force majuere or safe harbor courtesies or other warranting circumstances.
(Ord. passed 3-14-2001) Penalty, see § 95.99