The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
ABANDONED VESSEL.
(1) A vessel that is moored, anchored, or otherwise located for more than 30 consecutive days in any 180 consecutive-day period without permission of the dock owner; or
(2) A vessel that is in danger of sinking, has sunk, is resting on the bottom, or is located such that it is a hazard to navigation or is an immediate danger to other vessels.
(3) Shipwrecks, vessels, cargoes, tackle, and other underwater archeological remains that have been in place and unclaimed for more than ten years shall not be considered ABANDONED VESSELS unless approved by the North Carolina Department of Cultural Resources, which is the legal custodian of these properties pursuant to G.S. §§ 121-22 and 121-23.
DAYS. Calendar days, where the term is used for computation of time.
JUNKED VESSEL. A vessel that has been left unattended and is in significant disrepair, such that the condition may affect the seaworthiness of the vessel or affect the safety of the public or the environment.
NAVIGABLE WATERS. All waters within the jurisdictional boundaries of the town that are subject to the ebb and flow of the tide, including rivers, waterways, streams (including intermittent streams), mudflats, sandflats, and wetlands.
OWNER. A person, other than a lien holder, having the legal or equitable property interest in or title to a vessel, or the person's legal representative. For purposes of this article, where a vessel is determined to have been registered with the North Carolina Wildlife Resources Commission, or an agency of another state responsible for registration, such registration shall create a rebuttable presumption that the owner is the last registered owner of record.
PERSON. An individual, partnership, firm, corporation, association, or other entity.
POLICE CHIEF. The North Topsail Beach Police Chief, or such duly authorized officer or agent of the Chief.
VESSEL. Every description of watercraft or structure, other than a seaplane on the water, used or capable of being used as a means of transportation or habitation on the water.
(Ord. passed 1-3-2024)