(A) It shall be unlawful for any person to ride or have in their possession, in the Atlantic Ocean within the town's regulatory jurisdiction as set forth in Chapter 539 of the 1973 Session Laws, any surfboard or ski- board, as follows:
(1) At any time within 100 feet north of the Masonboro Inlet jetty, within 350 feet north and south of the commercial fishing pier known as “Johnny Mercer’s,” and within 350 feet north and south of the Crystal Pier adjacent to the current Oceanic Restaurant.
(2) In a designated area as follows:
(a) In front of each lifeguard stand during the period of the Saturday before Memorial Day through Labor Day whenever a lifeguard is on duty in the lifeguard stand. The designated area shall be no longer than 750 feet and no shorter than 600 feet, and shall extend 300 feet (100 yards) seaward from the mean high water mark of the Atlantic Ocean.
(b) In other areas designated by the Ocean Rescue Director or his designee due to weather, crowd conditions, special events or other factors.
(c) At any time when surfing is prohibited in such a designated area, a flag shall be raised at each end of the subject area so as to be readily visible to all persons within said area.
(d) Surfing shall be permitted in all areas during times when the Ocean Rescue Director or his or her designee has posted red warning flags indicating dangerous swimming conditions.
(B) It shall be unlawful to hold any surfing contests at any time within the corporate limits or within areas subject to the regulatory jurisdiction of the town without first obtaining written approval from the Board of Aldermen pursuant to the group activity permit process. The group activity permit may allow such contests in areas and at times otherwise prohibited by ordinance.
(C) It shall be unlawful to use a surfboard in the waters of the Atlantic Ocean within the town's regulatory jurisdiction without having an ankle strap or shock cord securely attached to the user at one end and the surfboard at the other. In addition, it shall be unlawful for any person to possess or have under his or her control on the beach strand adjacent to the waters of the Atlantic Ocean within the town’s regulatory jurisdiction a surfboard without an ankle strap affixed to the board.
(D) It shall be unlawful for any person to swim in the Atlantic Ocean within 100 feet of the Masonboro Inlet jetty. This prohibition will not apply to persons engaged in snorkeling or scuba diving within 100 feet of the Masonboro Inlet jetty.
(E) It shall be unlawful for any person to swim in the Atlantic Ocean within 200 feet of the commercial fishing pier known as “Johnny Mercer’s;” and within 200 feet of the Crystal Pier adjacent to the current Oceanic Restaurant. This prohibition will apply to persons engaged in snorkeling or scuba diving.
('72 Code, § 14-14) (Ord. passed 10-26-78; Am. Ord. passed 7-24-80; Am. Ord. passed 5-28-81; Am. Ord. passed 7-22-82; Am. Ord. 1048, passed 4-9-87; Am. Ord. 1474, passed 4-14-05; Am. Ord. 1490, passed 1-26-06; Am. Ord. 1533, passed 4-12-07; Am. Ord. 1575, passed 5-8-08; Am. Ord. 1697, passed 10-11-12; Am. Ord. 1707, passed 5-9-13) Penalty, see § 92.99