§ 134.54  PERMIT REQUIRED TO MOOR OR ANCHOR WITHIN TERRITORIAL LIMITS OF THE CITY.
   (A)   (1)   Persons mooring or anchoring a vessel overnight within the territorial boundaries of the city must obtain and conspicuously display a mooring permit. Permits may be obtained at Folly Beach Public Safety 24 hours a day, seven days a week. There is no cost for a permit, however the owner must present:
         (a)   Proof of ownership;
         (b)   Proof of current insurance;
         (c)   Proof of current state or Coast Guard registration;
         (d)   Name, address, and phone number of a local contact who can respond and has authority to take action on a vessel within 24 hours if called by Public Safety;
         (e)   Description of mooring technique, and explanation of its adequacy for the location;
         (f)   Attestation that the vessel is neither derelict nor abandoned.
      (2)   Permits expire unless renewed every 60 days.
   (B)   A permit may be revoked if any of the following conditions arc met:
      (1)   The vessel is moored or anchored in an unauthorized area or in a marked channel;
      (2)   The vessel displays no evidence of current state, federal, or foreign registration, a current permit, or other official documentation of ownership if requested by Public Safety;
      (3)   Vessel is derelict, abandoned, neglected, or substantially dismantled, or improperly maintained, or is not able to be used for navigation as intended;
      (4)   Vessel is listing, aground, sinking, in danger of breaking its mooring, dragging its mooring, or otherwise unsuccessfully moored;
      (5)   If the local contact is called by Public Safety and does not respond within 24 hours;
      (6)   The vessel is slept on but is not equipped with a holding tank or the owner or operator fails to provide Public Safety with receipts for regular weekly pump outs of the vessel's holding tank upon request;
      (7)   Public Safety officers have responded to complaints of excessive noise, thefts, firearms violations, controlled substance violations, or other disturbances of possible danger to the environment or any person, emanating from the vessel or its crew;
      (8)   The vessel is at any time within one mile of any public boat landing or public bridge or 100 feet of any other legally anchored vessel; any private, properly permitted mooring; or any private, properly permitted dock or marina without the written permission of the owner;
      (9)   The vessel does not display proper anchor lights;
      (10)   If Department of Natural Resources, Department of Health and Environmental Control, or the Director of Public Safety determines there are safety-related or environmental reasons for denying permission during a particular period of time, or in a particular place, or in a particular manner or has been identified as an abandoned watercraft by the Department of Natural Resources.
   (C)   If a person's permit has been revoked twice, an additional permit shall not be granted for a period of one year.
   (D)   Within four hours of a hurricane warning being declared, each vessel operator shall secure their vessel to prevent the vessel, and/or its parts or contents from damaging the property of others.
   (E)   This section does not apply to the following:
      (1)   A vessel docked at a private recreational dock or a non-eligible facility so long as such vessel is not utilized as a live-aboard vessel;
      (2)   A vessel seeking safe harbor from dangerous weather or in the event of mechanical failure for up to seven days; or
      (3)   A vessel anchored while actively engaged in fishing or other noncommercial recreational activities.
(Ord. 22-20, passed 10-13-20)  Penalty, see § 134.99