AN ORDINANCE PROHIBITING
FIRES ON BEACHES WITHIN THE TOWN OF DUCK
AND REGULATING OPEN BURNING
Ordinance No. 02-19
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 and prohibit fires on the beaches of the town.
NOW, THEREFORE, BE IT ORDAINED by the Town Council for the Town of Duck, North Carolina as follows:
PART I.
Section 1. DEFINITIONS.
Ocean beach. The land between the mean low water mark and the primary dunes (the dunes closest to the ocean).
Sound beach. The land between the mean low water mark and the private property line.
Section 2. BEACH FIRES.
It shall be unlawful for any person to start or set a fire on the ocean or sound beaches as defined in Section 1 above.
Section 3. OTHER OPEN BURNING.
Other open burning shall require a permit and will be regulated as provided by North Carolina law.
Section 4. VIOLATIONS.
Violation of this ordinance shall be a misdemeanor as provided by N.C. Gen. Stat. §14-4.
PART II. This ordinance shall be in full force and effect from and after the 3rd day of July, 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: July 3, 2002
Motion to adopt by: Mayor Pro Tempore Caviness
Vote: 5 AYES 0 NAYS