(A) Any watercraft or floating structure that remains moored, anchored, or otherwise located on the waters of the city for more than 14 consecutive days must obtain a permit from the city's Public Safety Department.
(B) Pursuant to S.C. Code § 50-21-30(C)(2) not withstanding S.C. Code § 5-7-140(B) the city's corporate limits where bordering on the high-water mark of a navigable body of water, other than the Atlantic Ocean, are extended to the center of the channel of the navigable body of water for the sole purpose of enforcing this section.
(C) (1) 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.
(D) Permit regulations. Permitted watercraft and floating structures:
(1) May only be moored or anchored in the area provided on the permit;
(2) May not be anchored or moored within 500 yards of a boat landing, community dock, public bridge, or marina, except for vessels with express written permission of the owner of the boat landing, community dock, or marina;
(3) May not be moored or anchored or able to swing within 100 feet of any other legally anchored or moored watercraft or floating structures or permitted mooring, dock or marina without written permission of the owner;
(4) Must display current state, federal, or foreign registration, and must provide a current permit, official documentation of ownership and registration if requested by Public Safety;
(5) Must be kept free of litter, debris, barnacles, algae, and other unsightly growth. This requirement applies not only to removal of loose litter, but to materials that already are, or become, trapped or pinned against watercraft and floating structures;
(6) Must not be unsightly, derelict, abandoned, neglected, or substantially dismantled, or improperly maintained, or be unable to be used for navigation as intended;
(7) Must not be listing, aground, sinking, in danger of breaking its mooring or anchor, dragging its mooring or anchor, or otherwise unsuccessfully, improperly, or unsafely moored or anchored;
(8) Must have a local contact listed on the permit able to the watercraft or floating structure withing 24 hours of a Public Safety officer contact or attempt to make contact;
(9) Must be equipped with a holding tank if slept on and must provide to Public Safety proof of regular weekly pump outs of the vessel's holding tank upon request;
(10) Must not be subject 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;
(11) Must display proper anchor lights.
(E) 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, the permit will be revoked.
(F) If a person's permit has been revoked twice, an additional permit shall not be granted for a period of one year.
(G) 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.
(H) This section does not apply to the following watercraft or floating structures:
(1) Moored to a dock or marina berth with permission from the dock or berth owner;
(2) Moored to a mooring buoy that is permitted by the Department of Health and Environmental Control with permission from the buoy owner; or
(3) Moored to a mooring buoy with permission from the buoy owner, provided that the buoy is in the location as it existed on public waters on June 30, 2021.
(4) A vessel seeking safe harbor from dangerous weather or in the event of mechanical failure for up to seven days; or
(5) A vessel anchored while actively engaged in fishing or other noncommercial recreational activities.
(I) Permit denial or revocation.
(1) Permits may be denied or revoked for non-compliance with the provisions of this subchapter or other federal, state, county or city laws governing or related to the watercraft or floating structure.
(2) If a permit is denied or revoked a person may reapply for a permit once they are in compliance with the provisions of this subchapter and other federal, state, county and city laws governing or related to the watercraft or floating structure.
(3) Permits may be denied or revoked for violations of this subchapter or other federal, state, county or city laws governing or related to the watercraft or floating structure, as well as, violations of federal state, county or city laws committed on or involving the watercraft or floating structure.
(4) A person who is denied or revoked for two or more violations of this subchapter or other federal, state, county or city laws governing or related to the watercraft or floating structure, or violation of federal, state, county or city laws committed on or involving the watercraft or floating structure shall be ineligible to apply for a permit for a period of one year from the date of the second violation.
(5) A person who is denied a permit or has their permit revoked may appeal the decision to the city's hearing officer by filing written notice with the Director of Public Safety within ten days of being notified of the denial or revocation.
(J) Renewal and changes to permit.
(1) Permits must be renewed every 60 days.
(2) Permit holders must notify the Police Department within 24 hours of any changes to the information provided in the permit application.
(K) Illegal mooring and anchoring.
(1) It shall be unlawful for any watercraft or floating structure to remain moored, anchored, or otherwise located on the waters of the city for more than 14 consecutive days without first obtaining a permit from the city Police Department as set forth above.
(2) It shall be unlawful to attach a watercraft or floating structure to a mooring ball, dock, or other floating structure without the express permission of the owner.
(3) It shall be unlawful to attach a watercraft or floating structure to a mooring ball, dock, or other floating structure marked for law enforcement purposes or other use by the city.
(L) Enforcement. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, may be sentenced to pay a tine not exceeding $500 or serve a term not exceeding 30 days in jail or both. Each day a violation of this section thereof shall continue shall constitute a separate offense.
(Ord. 22-20, passed 10-13-20; Am. Ord. 005-24, passed 3-12-24) Penalty, see § 134.99