(a) It shall be unlawful for any person, except in the case of emergency or as required for maintenance dredging, to anchor, moor, raft-up or permit to be anchored, moored or rafted-up, or operate any vessel or carry on any activity including, but not limited to, the placing of crab traps, anchor lines, anchors, mooring buoys, pilings or similar objects in a manner which shall constitute a hazard to navigation or interfere with another vessel. Anchoring under bridges or in or adjacent to heavily traveled channels shall constitute interference if done during periods of heavy vessel traffic.
(b) It shall be unlawful for any person to anchor, dock, moor, or store any vessel in the waters within the jurisdictional boundaries of the town for more than ten days in a 30-day period in any calendar year, except at a private dock or marina.
(c) For its first ten days in town waters in any 30-day period in any calendar year, any transient vessel legally anchored and attended shall be deemed to have anchorage permission for provisioning, repairs, tourism, and recreational use, unless such permission is revoked in writing by the Police Chief for any of the reasons given below.
(1) The vessel has dragged anchor or is moored in an unauthorized area, or in a marked channel.
(2) Unless exempt pursuant to G.S. § 75A-7, the vessel displays no evidence of current state, federal, or foreign registration, or, when asked by the Police Chief, the owner or operator of the vessel fails to present a current registration, cruising permit, or other official documentation of ownership upon which he or she is named as the owner or operator.
(3) The vessel is left unattended for a period exceeding 24 hours. UNATTENDED shall mean for the purposes of this section that the owner or operator has not been found on the boat or in its immediate vicinity and has failed to respond to any posting or citation left by the Police Chief.
(4) The vessel is slept on but is not equipped with a holding tank or the owner or operator fails to provide the Police Chief with receipts for regular weekly pump outs of the vessel's holding tank.
(5) Law enforcement 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.
(6) The vessel is at any time within 75 feet of any other legally anchored vessel, or any private mooring or private dock or marina without the written permission of the owner.
(7) If the Police Chief, or his or her designee, 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.
(8) During a hurricane warning each vessel operator shall secure their vessel to prevent the vessel, and/or its parts or contents from damaging the property of others.
(9) It shall be unlawful to anchor vessels without ground tackle to hold the vessel at anchor. Vessels at anchor shall maintain a firm anchor and the operator shall ensure that the vessel is not slipping anchor and changing its location.
(10) When necessary, the Police Chief may act or may join in action with other agencies to determine and abate any unsafe or environmentally hazardous conditions by towing, relocating, removing any vessel, or taking any other action reasonably necessary.
(11) The Police Chief shall post unattended vessels which are in violation until five violations have been posted. The Police Chief shall then continue to monitor the violating vessel until ten days have elapsed from the date of the first posting. If the person in control of the vessel returns, or contacts the office of the Police Chief, and abates the violation within that time, no further actions, other than payment of accrued fines, need to be taken.
(12) If the owner of any unattended vessel anchored, moored, docked or stored in town waters fails to respond to notices or pay fines and fees as required by this section for more than ten days from the first posting, the vessel may be taken into custody by the Police Chief and stored in a safe place of storage.
(13) The owner shall be responsible for the costs of towing and storage of the vessel. Any vessel towed, removed, relocated or impounded shall be subject to a lien pursuant to G.S. § 44A.
(Ord. passed 1-3-2024)