(A) No person shall use or assist anyone in using any device commonly known as a “surfboard”, “skimboard”, “paddle board”,”kayak”, “kiteboard”, “windsurfboard”, or any other apparatus or device of a hard or solid nature similar to and used for the purposes for which the aforementioned are generally used (hereinafter collectively referred to as a surfboard) within the swimming zone from May 15 through September 15 between the hours of 10:00 a.m. and 6:00 p.m. In the event that surf conditions are deemed unsafe for swimming and posted as such by the appropriate authorities, surfboards are permitted in the swimming zone regardless of the date or time.
(1) From September 16 through May 14, there is no area where surfing is restricted on Folly Island, except surfing is always prohibited within 200 feet of any fishing pier which now exists or hereafter is erected or built.
(2) It shall be unlawful for any person to use a surfboard, sailboat, motor boat, personal watercraft (as defined below), or any other device or craft in a manner as to become or present a hazard to bathers, swimmers, surfers and other persons in the waters along the public beach or to fail, neglect, or refuse to keep his or her surfboard, sailboat, motorboat, or personal watercraft under reasonable control at all times.
(B) At all times of the year persons surfing are required to wear a surf leash attaching the surfboard to the surfer, which device is intended to prevent the surfboard from being separated from, getting away from, or out of the immediate control of the surfer.
(C) Personal watercraft defined. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
PERSONAL WATERCRAFT. A boat less than 16 feet in length which:
(a) Has an outboard motor or an inboard motor which uses an internal combustion engine powering a water jet pump as its primary source of propulsion;
(b) Is designed with the concept that the operator and passenger ride on the outside surfaces of the vessel as opposed to riding inside the vessel;
(c) Has the probability that the operator and passenger, in the normal course of use, may fall overboard.
(d) A vessel commonly known as a "jet ski".
PERSONAL WATERCRAFT includes, without limitation, a vessel where the operator and passenger ride on the outside surfaces of the vessel, even if the primary source of motive propulsion is a propeller.
(D) Personal watercraft, whether commercial or personally owned, shall be launched and beached only at permitted sites. Permitted sites are defined as:
(1) The boat ramp on the Folly River;
(2) Two boat launching lanes, 50 feet wide each, shall be located, the first, east of the swimming zone directly oceanside of the 2nd Street East right-of- way and beach access, and the second, west of the swimming zone directly oceanside of the 3rd Street West right-of-way and beach access; and
(3) Any other location approved by City Council.
(E) All personal watercraft must go straight in and straight out of the launching lane, operating at idle speed and no faster than necessary to maintain control, and not generate or cause a wake or exceed five miles per hour, whichever is less. Commercial operators (hereinafter "vendors") must provide one employee within the launching lane to catch and release incoming and outgoing personal watercraft. These employees must be in the water when personal watercraft rented by their companies are approaching or exiting.
(F) All personal watercraft must be operated ocean side of the fishing pier, but within binocular viewing range of the vendor's observation point.
(G) All state ordinances regulating personal watercraft must be followed.
(H) No person under the age of 16 years shall operate a personal watercraft, unless such person has certification of completion of a boater safety course offered by the South Carolina Department of Natural Resources, or any other similar governmental entity from the person's home state. Persons age 16 and over must have a driver's license.
(I) Before a personal watercraft may be operated within the boundaries of the City of Folly Beach, all personal watercraft owners shall first apply for a motorized watercraft license for a fee of $25. The motorized watercraft license shall be a number assigned to all personal watercraft which shall be affixed to said personal watercraft in such a manner as to be visible from shore. In addition to the number, all vendors shall also affix the name of the business on both sides of the personal watercraft in six-inch letters of contrasting color with that of the personal watercraft. The motorized watercraft license also serves as permission for vendors to store commercial personal watercraft on the beach in an unobtrusive way during months when in business, provided permission is granted on an annual basis by the Code Enforcement Officer. Methods of storage must be approved by the Code Enforcement Officer as to location and appearance. Complaints by residents and property owners about the storage location, appearance, or maintenance may be taken into account as to whether permission is granted. All personal watercraft must be removed from the beach prior to any tropical storm or hurricane.
(J) All employees of vendors shall be certified in CPR. Vendors shall provide, maintain, and train all employees in the use of an automated external defibrillator ("AED") . CPR certification and proof of ownership of AED shall be presented when a vendor applies for a City of Folly Beach license.
(K) Vendors shall have one CPR certified employee with no additional responsibilities to watch their company's personal watercraft from shore with binoculars. Vendors shall also have one personal watercraft in reserve at all times to be used to assist, contact, or otherwise reach their company's personal watercraft.
(L) Vendors are required to enter into a contract with the City of Folly Beach (see § 151.60).
(M) Vendors shall adhere to certain requirements for renters of personal watercraft and to give minimum instruction to said renters. These requirements are more fully described in a contract between the city and the vendor.
(N) Alcohol and drug use are strictly prohibited by all employees of vendor prior to and while on duty, and all operators of personal watercraft.
(O) Insurance as set forth in the contract must be maintained by the vendor. A minimum of $1,000,000 in liability coverage is required.
(P) Personal watercraft expressly do not have the right of way. All personal watercraft must yield to swimmers, surfers, non-motorized boats, kiteboards, or boogie boards.
(Q) Personal watercraft are not permitted to be launched or beached when the ranking officer of the Folly Beach Public Safety Department or the Chief Lifeguard for the Charleston County Parks and Recreation Commission deem their presence or operation to be unsafe. Such designation may be due to high surf, high wind, number of swimmers, or any other condition which would render the operation of personal watercraft unsafe.
(R) Commercial personal watercraft must be replaced by vendor every four years, or when such personal watercraft are deemed a threat to the environment by the Code Enforcement Officer, whichever is sooner. All commercial personal watercraft must be the most environmentally sensitive (as determined by miles per gallon of fuel, oil usage, discharge of fumes/contaminants, best engine capabilities, and any other environmental criteria in the industry at the time) available at the time of purchase by the vendor.
(S) Motorized vehicles used by vendor to transport personal watercraft or renters thereof may only be parked on the beach next to the area permitted for storage of the personal watercraft, if any, in an unobtrusive and secure manner, and as approved by the Code Enforcement Officer. Otherwise, motorized vehicles may not be parked or stored on the beach. Such vehicle must not cross any dunes and must have a low environmental impact. Use of motorized vehicles must be limited to business activities only, and routes taken must correlate closely to business need (such as transporting trailers with personal watercraft directly to the water or storage site, delivering riders to the launch lane.) Motorized vehicles may not be used by non-vendors to transport personal watercraft.
(T) Commercial personal watercraft and any motorized vehicles owned by a vendor must be available for use in emergencies by Public Safety or other emergency personnel.
(`95 Code, § 7-3-1) (Am. Ord. 2-95, passed 4-4-95; Am. Ord. 08-08, passed 8-26-08; Am. Ord. 11-12, passed 4-24-12) Penalty, see § 151.99