Sec. 4-9. Ocean use near fishing piers.
   (a)   Surfing, body boarding, rafting, boating and other similar water activities are permitted in the Atlantic Ocean waters within the town limits, except in those areas located within three hundred (300) feet on either side of any commercial fishing pier located within the town from March 15 to December 1 of each year.
   (b)   Surfing, body boarding, swimming, rafting, boating, and other similar water activities are prohibited in the Atlantic Ocean waters beneath commercial fishing piers at all times.
   (c)   All surfers and body boarders shall, while engaged in surfing or body boarding, have their boards attached to them by a leash.
   (d)   Violation of this section shall be a misdemeanor punishable under G.S. 14-4 of the North Carolina General Statues. Violation of this section shall also be liable to the town for a civil penalty as follows:
      (1)   1st violation: $100.00 must leave beach area within three hundred (300) feet of either side of pier for the day.
      (2)   2nd violation: $200.00 must leave beach area within three hundred (300) feet of either side of pier for the day.
      (3)   3rd violation: $300.00 must leave beach area within three hundred (300) feet of either side of pier for the day.
      (4)   4th violation: $300.00 and be banned from surfing in the town for two (2) years.
   Violator may remain on the beach within the town limits except the beach area within three hundred (300) feet on either side of the pier.
(Code 1977, § 6-4; Ord. No. 1981-3, 7-7-81; Ord. No. 1985-1, 1-3-85; Ord. No. 1985-2, 3-4-85; Ord. No. 1986-3, § 4,5-13-86; Ord. No. 1990-14, §§ 1-3, 7-10-90; Ord. No. 2000-29, §§ 1, 2, 10-3-00; Ord. No. 2004-11, §
State law reference— Surfboards, G.S. 75A-10 et seq.