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A business engaged in ocean-related business activities may operate on the beach front subject to the following terms and conditions:
(A) Such business shall only operate pursuant to an annual permit issued by the town. Such permit shall expire on December 31 of each year. A fee established by the Board of Aldermen shall be charged for such permit.
(B) Each business to which an annual permit is issued shall be required to maintain a general liability insurance policy with the town named as an additional insured and worker’s compensation insurance as required by the State of North Carolina. Prior to the issuance of a permit, the business must provide the town with evidence that such insurance is in force.
(C) Hours of operation of such business shall be limited to 7:00 a.m. to 8:00 p.m. Businesses engaged in teaching surfing and kite boarding shall not operate between the hours of 10:00 a.m. and 4:00 p.m. on Memorial Day, 4th of July and Labor Day.
(D) The geographical area of operation of such businesses shall be the “designated surfing areas” as established under the provisions of § 92.12 of the Town Code. Provided that this limitation shall not apply to the rental of chairs and umbrellas by hotels and private clubs located immediately adjacent to the beach front.
(E) Any representative of such business when operating on the beach front shall have a copy of the permit required under division (A) above immediately available at all times that such business operations are taking place.
(F) No sale or rental of merchandise or equipment shall be conducted in connection with the operation of such business on the beach front. No payment of any fees shall be accepted by such business on the beach front. Any rental or sales of merchandise or equipment or payment for such items and for personal services must be carried out at the primary business location of such business.
(Ord. 1593, passed 3-12-09; Am. Ord. 1733, passed 7-10-14; Am. Ord. 1772, passed 1-11-18)
It shall be unlawful for any person to litter by releasing inflated balloons in or on or by discarding balloons in or on any property owned by the town, any waters within the zoning jurisdiction of the town as established pursuant to the provisions of G.S. § 160A-360 or the beach front as defined in this chapter of the Town Code. Any person violating the provisions of this section shall be subject to a civil penalty in the amount of $250 to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within ten days after having been cited for violation of the ordinance. In accordance with G.S. § 160A-175(b), any person violating the provisions of this section shall not be subject to the penalty provisions of G.S. § 14-4 and such action shall not be considered a breach of the penal laws of the state.
(Ord. 1642, passed 11-18-10)
It shall be unlawful for any person or animals (except dogs as permitted herein) to cross any portion of a dune, the dune ridge or a frontal dune as such terms are defined in Chapter 155 of this Code (herein collectively the “dunes”) except for official town business or for emergency access purposes unless such crossing is (a) for the purpose of going to the ocean from private property immediately west of the dunes or to the private property immediately west of the dunes from the ocean or (b) over an existing pathway or a permitted wooden walkway, ramp, or stairs. Examples of prohibited activities include, but are not limited to, crossing the dunes for a purpose other than going to or from the ocean, playing on the dunes, climbing on the dunes, removing dune vegetation, allowing animals to cross the dunes (except dogs on a leash when permitted and only in the manner permitted herein), and other activities that reduce the stability of the dunes and potentially decrease the dunes’ storm protection value, wildlife habitat value, and aesthetic value.
(Ord. 1704, passed 4-11-13)
(A) (1) Any person violating the provisions of § 92.02(A) and/or 92.12 shall be subject to a civil penalty in the amount of $250 to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within ten days after having been cited for violation of the ordinance. In accordance with G.S. § 160A-175(b), a violation of the sections enumerated herein shall not be subject to the penalty provisions of G.S. § 14-4 and shall not be considered a breach of the penal laws of the state.
(2) A violation of the provisions of § 92.02(B) constitutes an infraction and the person committing the infraction may be punished by a fine of not more than $50.00. Conviction of an infraction under this subsection has no consequence other than payment of a penalty and a person found to be in violation of this subsection may not be assessed court costs.
(B) Any person violating the provisions of § 92.03 shall be subject to a civil penalty in the amount of $100 to be recovered by the town in the nature of debt if the offender does not pay the penalty within ten days after having been cited for violation of that section. In accordance with G.S. § 160A-175(b), a violation of the section enumerated herein shall not be subject to the penalty provisions of G.S. § 14-4 and shall not be considered a breach of the penal laws of the state.
(C) Any person violating the provisions of § 92.19 shall be subject to a civil penalty in the amount of $250 for the first offense and $100 for each subsequent offense that occurs within 12 months of the first offense to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within ten days after having been cited for violation of this section. In accordance with G.S. § 160A-175(b), a violation of the section enumerated herein shall not be subject to the penalty provisions of G.S. § 14-4 and shall not be considered a breach of the penal laws of the state.
(D) any person violating the provisions of § 92.21 shall be subject to a civil penalty in the amount of $250 to be recovered by the town in the nature of debt if the offender does not pay the penalty within ten days after having been cited for violation of that section. In accordance with G.S. § 160A-175(b), a violation of the section enumerated herein shall not be subject to the penalty provisions of G.S. § 14-4 and shall not be considered a breach of the penal laws of the state.
(E) Any person to whom a permit is issued in accordance with the provisions of § 92.29 and who violates the provisions of § 92.28 or 92.29 shall be subject to a civil penalty in the amount of $100 to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within ten days after having been cited for violation of the ordinance. A second violation of § 92.28 or 92.29 within 30 days of a prior violation shall result in the revocation of that person’s permit issued under the provisions of § 92.29.
(F) Any person violating the provisions of § 92.33 shall be subject to a civil penalty in the amount of $250 to be recovered by the town in the nature of a debt if the offender does not pay the penalty within ten days after having been cited for the violation of that section. In accordance with G.S. § 160A-175(b), a violation of the section enumerated herein shall not be subject to the penalty provisions of G.S. § 14-4 and shall not be considered a breach of the penal laws of the state.
(G) A violation of any remaining section of this chapter shall be a misdemeanor or infraction as provided by G.S. § 14-4 and shall be punishable by a fine not to exceed $500. In addition, a violation of any remaining section of this chapter shall subject the offender to a civil penalty in the amount of $100 to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within ten days after having been cited for violation of the ordinance.
(H) The provisions of this chapter may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction.
(I) Each day’s continuing violation of any provisions of this chapter shall be a separate and distinct offense.
(J) Any person issued a civil citation under the provisions of this section may appeal the issuance of such citation to the Wrightsville Beach Chief of Police (“Chief of Police”). An appeal shall be perfected in accordance with the following:
(1) An appeal shall be taken by giving written notice of appeal to the Chief of Police within 14 calendar days of the date of issuance of the civil citation. In determining the 14 calendar days within which such appeal may be taken, the date of the civil citation shall not be counted.
(2) Such written notice must be received by the Chief of Police no later than 5:00 p.m. on the fourteenth day of the appeal period. If the fourteenth day falls on a Saturday, Sunday or holiday recognized by the town, the time for filing such appeal shall be extended to 5:00 p.m. on the next day which is not a Saturday, Sunday or holiday.
(3) A copy of the citation issued to the appealing party shall be attached to such written notice of appeal.
(4) The written notice of appeal shall set forth the grounds for the appeal, include other information that the appealing
party believes supports its position and must include the name, email address, mailing address and telephone number of the appealing party.
(5) Within 15 calendar days of receipt of the written notice of appeal, the Chief of Police shall issue a written decision. The Chief of Police may uphold the citation, dismiss the citation or reduce the citation to some lesser offense. Provided, that the Chief of Police may not impose any penalty greater than that set forth in the citation from which appeal was taken. The written decision of the Chief of Police will be emailed or mailed by first class mail to the appealing party within five days of issuance to the email address or mailing address of the appealing party shown on the written notice of appeal.
(6) The decision of the Chief of Police shall be final.
(7) If the Chief of Police upholds the citation or takes other action that requires the appealing party to make payment to the town, such payment must be made within 30 days of the date of the written decision of the Chief of Police. If the appealing party fails to make payment within that time, the town shall undertake enforcement action as appropriate.
(Ord. 1048, passed 4-9-87; Am. Ord. 1356, passed 3-9-00; Ord. 1364, passed 4-13-00; Am. Ord. 1474, passed 4-14-05; Am. Ord. 1578, passed 7-17-08; Am. Ord. 1593, passed 3-12-09; Am. Ord. 1628, passed 5-13-10; Am. Ord. 1641, passed 10-14-10; Am. Ord. 1674, passed 11-2-12; Am. Ord. 1685, passed 7-12-12; Am. Ord. 1692, passed 8-16-12; Am. Ord. 1704, passed 4-11-13; Am. Ord. 1707, passed 5-9-13)