§ 140.16 MOORING PERMIT REQUIRED.
   (A)   Any watercraft or floating structure that remains moored, anchored, or otherwise located in any one five-mile radius on the waters of the town for more than 14 consecutive days must obtain a permit from the Police Department.
   (B)   Pursuant to S.C. Code § 50-21-30(C)(2), notwithstanding S.C. Code § 5-7-140(B), the town’s corporate limits where bordering on the high-watermark 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)   A person applying for a permit must provide the following information:
      (1)   Proof of ownership;
      (2)   Proof of current insurance;
      (3)   Proof of state registration or federal documentation;
      (4)   Name, address, and telephone number of the owner or permit holder of the mooring buoy;
      (5)   Name, address, and telephone number of a local contact who can respond to and has authority to take action on a vessel within 24 hours if contacted by the town or other governmental agency;
      (6)   Description of mooring or anchoring techniques, and explanation of its adequacy for location;
      (7)   Attestation that the vessel is neither derelict or abandoned;
      (8)   GPS location of the mooring site;
      (9)   An emergency plan detailing the plan to safely secure the vessel during a named storm, hurricane, or other inclement weather condition;
      (10)   Attestation of whether or not the vessel will be slept on, and, if slept on, a plan detailing regular weekly pump-outs and provisions for the storage and disposal of any garbage or other waste.
   (D)   The cost of the permit shall not be more than $15.
   (E)   The person applying for the permit is legally responsible for violations of this section.
   (F)   The provisions of this section shall not apply to watercraft or floating structures that are:
      (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.
   (G)   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 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 official documentation of registration and ownership if requested by a town police officer;
      (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, breaking its mooring or anchor, dragging its mooring or anchor, or at risk of any of these, or is otherwise unsuccessfully, improperly, or unsafely moored or anchored;
      (8)   Must have a contact listed on the permit able to respond to the watercraft or floating structure within 24 hours of a police officer or other government agency contacting or attempting to make contact;
      (9)   Must be equipped with a holding tank if slept on, and the owner must provide the police officer with proof of regular weekly pump-outs upon request;
      (10)   Must have provisions for the storage and disposal of any garbage or other waste which is generated or accumulates;
      (11)   Must display proper anchor lights and must comply with federal and state safety equipment requirements;
      (12)   Must be properly secured during hurricanes and storms to prevent damage to others’ property;
      (13)   Must remain in the area provided on the permit unless the permit holder notifies the Police Department, and the relocation is approved by the town and amended on the permit;
      (14)   Must have liability insurance in the amount of $300,000 and provide proof if requested by a town police officer.
   (H)   Permits may be denied for violation or non-compliance with the provisions of this chapter or other federal, state, county or town laws governing or related to the watercraft or floating structure. If a permit is denied a person may reapply for a permit once they are in compliance with the provisions of this chapter and other federal, state, county and town laws governing or related to the watercraft or floating structure.
   (I)   Permits must be renewed every 60 days and permit holders must notify the Police Department within 24 hours of any changes to the information provided in the permit application.
   (J)   Illegal mooring and anchoring.
      (1)   It shall be unlawful for any watercraft or floating structure to remain moored, anchored, or otherwise located in any one five-mile radius on the waters of the town for more than 14 consecutive days without first obtaining a permit from the town’s Police Department as set forth in this section herein.
      (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 town.
      (4)   A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, may be sentenced to pay a fine 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. 24013, passed 4-10-24)