(A) No person shall anchor or otherwise install a mooring buoy in any waters located within the zoning jurisdiction of the town as established pursuant to the provisions of G.S. Ch. 160A. Provided, that this section shall not apply to any mooring buoy located between a pierhead line established in accordance with the town code and the mainland.
(B) (1) Any mooring buoy located within the town limits on the date of original adoption of this section shall be removed within 180 days of the date of the original adoption. The town is authorized to remove any of the buoys remaining upon expiration of the 180-day period described above on the condition that the town notify the person owning or controlling the buoy at the person's last known address 30 days prior to the date of removal of the mooring buoy. If the town is unable to determine what person owns or controls the buoy or an address, it may give the notice by placing the notice on the buoy.
(2) Any mooring buoy located within the extraterritorial jurisdiction of the town established in accordance with the provisions of G.S. §160A-360 at the time of initial adoption of this section shall be permitted to remain in the location. It shall be the responsibility of the person or organization controlling the buoy to provide the town sufficient evidence to establish that the buoy was so located on the date of adoption and the geographic coordinates of the buoy. If the information is not provided within 60 days of a request from the town, the town shall remove the buoy in question. The buoy may be maintained but under no circumstances shall any such buoys be enlarged, expanded or relocated in any manner. Provided, that if at any time such buoy presents a hazard to the health, safety and welfare of town residents, the town may direct the permanent removal of the buoy only after notifying the person owning or controlling the buoy and providing the person an opportunity for a hearing on the issue of removal before the Board of Aldermen. Notice of the hearing before the Board of Aldermen shall be given at least ten days’ prior to the hearing by mailing a notice to the person’s last known address, or if the town is unable to determine what person owns or controls the buoy or an address, it may give the notice by placing the notice on the buoy in question. Provided, however, that in the event the buoy presents an immediate hazard to the health, safety and welfare of town residents, the buoy may be removed immediately without the requirement for notice and a hearing. In such event, the town, if requested by the owner, shall schedule a hearing as described hereinabove within 30 days of the date of the removal of the buoy to consider any evidence that might justify replacement of the buoy.
(Ord. 1144, passed 5-23-91; Am. Ord. 1161, passed 11-21-91)