AN ORDINANCE REGULATING DRIVING OR
PLACEMENT OF VEHICLES ON SAND DUNES ANDB EACHES
WITHIN THE TOWN OF DUCK
Ordinance No. 02-05
WHEREAS, pursuant to N.C Gen. Stat. §160A-174 a town may by ordinance define, prohibit, regulate or abate acts, omissions, or conditions, detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the town; and
WHEREAS, in furtherance of the public's health, safety and welfare it is necessary to regulate the use of motor vehicles upon the sand dunes and beaches of the town to preserve the primary sand dunes protecting real property from the detrimental effects of the Atlantic Ocean and ensure the public enjoyment of safe recreation upon the public beaches.
NOW, THEREFORE, BE IT ORDAINED by the Town Council for the Town of Duck, North Carolina as follows:
PART I.
ARTICLE I. OPERATING ON SAND DUNES
Section 1. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Sand dune means any mound, hill, ridge or pile of sand which has an overall height, at its highest point from the mean or average level or elevation of the area from which the slope of the aforesaid dune begins, of at least ten (10) feet.
Vehicle means automobiles, trucks, jeeps, beach buggies, motorcycles, bicycles, go carts, helicopters and aircraft, extra terrain vehicles or any other automotive or motor-driven machine, by whatsoever name called.
Section 2. Prohibited.
It shall be unlawful to operate, drive or cause to be driven any vehicle or other means or type of transportation over any sand dune in the town, except over, upon and along a highway or street put in place and maintained by the state highway commission or the town. It shall also be unlawful to carry to, place upon or deposit any vehicle or other automotive equipment on any sand dune in the town and to operate the same by use of such devices as tracks, cables, winches or any other means.
Section 3. Exemptions from ordinance.
This ordinance shall not apply to vehicles or other devices used by employees or officials of the authorized utility companies or vehicles or devices used by employees, officials, or guests of the United States Corps of Engineers, necessary and essential to and when used in connection with necessary and essential repairs, maintenance and construction of utility facilities along rights-of-way and easements acquired by such companies for such purpose or research. This division shall likewise not apply to sand dunes or hills which are wooded and covered with vegetation, or where vehicles are operated thereon by the owners of the property or their agents, servants, employees or invitees according to such lawful use as they may make of the same.
ARTICLE II. OPERATING ON BEACHES
Section 4. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Barrier dune means the easternmost sand dune or system of sand dunes which lies just west of the mean high water mark of the Atlantic Ocean and forms a protective barrier from the actions of the Atlantic Ocean.
Beach means all that area from the easternmost edge of the barrier dune line eastward and protruding into the Atlantic Ocean for a distance of one hundred (100) yards east of the mean low water mark.
Toe of slope means that point between the ocean and the barrier sand dune where the uniform line of slope from the ocean toward the barrier dune begins an abrupt change of angle of direction upward and becomes the slope of the barrier dune.
Vehicle means all kinds of motor-driven and wind-powered vehicles including fishing boats and amphibious vehicles but excluding sailboats used for sport, surfboards and amphibious vehicles which are afloat and no portion of which is beached, aground or operating on wheels or tracks.
Vehicular beach access point means an access maintained by the town for use by vehicles at a designated location, usually on a town street. Vehicle access is permitted at these points and at no other location.
Section 5. Generally.
Except as hereinafter provided, it shall be unlawful to operate any automobile, "off the road" vehicle, motorcycle, wind-powered or motor-powered vehicle or other vehicle on the beaches of the town. Notwithstanding the provisions as hereinafter provided, no vehicle shall be operated on the beach of the town between 12:01 a.m. on May first and 12:00 midnight on September thirtieth of each and every year.
Section 6. Rules of operation.
Vehicles shall be operated in accordance with the following rules:
(1) No vehicle shall be operated on the beach at a speed in excess of twenty (20) miles per hour.
(2) No vehicle shall be operated on the beach during the period set out in section 5.
(3) No vehicle shall be operated west of the "toe of slope" of the dune except in going to and from the beach area at authorized vehicular beach access points. However, nothing contained herein shall be construed to permit driving on the barrier dunes or driving on private property without the express permission of the owner, even though the "toe of slope" may be located west of the private property east boundary which extends to the mean high water mark of the ocean.
(4) Vehicles going to and from the beach area shall use as an entrance and exit only the designated vehicular beach access points which shall be designated as such by the town council and appropriately marked.
(5) Vehicles may be operated on the beach only from one-half hour prior to sunrise to one-half hour following sunset daily.
(6) Pedestrians, swimmers and bathers shall have the right-of-way over all vehicles being operated on the beach.
(7) Any person who drives any vehicle upon the beach area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others or who drives any vehicle upon the beach without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property shall be guilty of reckless driving.
(8) Any person who is under the influence of intoxicating liquor or other drug or who has a blood alcohol level of 0.08 percent or more by weight, who drives on the beach area or going to and from the beach, shall be guilty of driving while under the influence of intoxicating liquor or other drug.
(9) Any operator of any vehicle on the beach area or going to and from the beach must have a current and valid motor vehicle operator's license issued by the state of his residence.
Section 7. Exceptions.
(a) The provisions of this article shall not apply to municipal employees, municipal vehicles or emergency vehicles or the drivers thereof, which may be required to enter upon the beach in the performance of their duties nor shall this division apply to a governmental agency, its employees, agents, contractors and subcontractors and their vehicles when engaged in beach restoration or protection work or scientific research.
(b) The date and time limitation provided in sections 5 and 6 shall not apply to commercial fishermen holding a valid state commercial fishermen's license when engaged in commercial fishing activities.
(c) The town manager shall have the authority to close any portion of the beach or all of the beach at such times and places that extensive beach erosion occurs. This authority may be exercised by the town manager when, as a result of inspections by the town manager or the town employees subject to the town manager's authority, it is determined that the width of the beach between the toe of the slope of the dune and the area affected by ocean wash and waves is such that driving would either be dangerous or increase the effects of erosion, or the beach is not sufficiently wide or stable to support vehicular traffic. At any time that the ocean wave wash is less than forty (40) feet eastward of the "toe of the slope" that portion of the beach shall be closed. The closure area shall extend to the next beach access point in each direction. Any person operating a vehicle on the beach in a closed area shall be subject to the penalties provided in this article.
Section 8. Reciprocal agreements with county or other towns.
If Dare County or any town within Dare County shall adopt an ordinance regulating the operation of vehicles on its beaches, the town council may enter into a reciprocity agreement with that town or Dare County; provided, that the town council finds that the ordinance contains similar provisions to this article.
PART II. This ordinance shall be in full force and effect from and after the 1st day of May, 2002.
S/Paul F. Keller
Paul F. Keller, Mayor
ATTEST:
S/Donald I. McRee, Jr.
Town Clerk
APPROVED AS TO FORM:
S/Donald I. McRee, Jr.
Town Attorney
Date adopted: May 1, 2002
Motion to adopt by: Mayor Pro Tempore Caviness
Vote: 5 AYES 0 NAYS