ORDINANCE REGULATING THE USE AND OPERATION
OF PERSONAL WATERCRAFT WITHIN THE TOWN OF DUCK
Ordinance No. 03-02
PART I.
Section 1. Definitions.
a. Personal watercraft means a personal watercraft as defined in G.S. § 75A-13.2.
b. Vessel means a vessel as defined in G.S. § 76A-2.
Section 2. Launching, landing of jet skis, etc.
The launching and landing of personal watercraft is prohibited on the town's ocean beaches.
Section 3. Speed.
a. Operators of personal watercraft must go straight in and straight out within six hundred
(600) feet from the sound shoreline and must do so at a speed no faster than necessary to maintain control of the vessel, but in no case shall the speed generate or cause a wake or exceed five (5) miles per hour (mph), whichever is less.
b. Operators of personal watercraft, while within one hundred (100) feet of a person or persons in the water, or within one hundred (100) feet of a nonmotorized vessel, shall operate at a speed no faster than necessary to maintain control of the vessel, but in no case shall the speed generate or cause a wake or exceed five (5) miles per hour (mph), whichever is less.
Section 4. Use of personal watercraft prohibited.
a. No personal watercraft may be operated within nine hundred (900) feet of the sound or ocean shoreline.
b. No person under the age of sixteen (16) years shall operate a personal watercraft on the
waters under the jurisdiction of the town as specified in G.S. 160A-176.2.
c. Each boat rental establishment shall be limited to renting a maximum number of ten (10) authorized personal watercraft rental units at one time and two (2) personal watercraft that may be available for control, supervision, or rescue purposes per site.
d. Personal watercraft may be operated only during the hours 9:00 a.m. to 6:00 p.m.
Section 5. Wildlife.
In accordance with G.S. 113-291.1, it shall be unlawful for an operator of a personal watercraft on the waters in the town to chase, harass, molest, worry, or disturb any wildlife except for lawfully angling for, hunting or trapping such fish and/or wildlife.
Section 6. Knowledge.
It is unlawful for a person who owns a personal watercraft, or who has charge over or control of a personal watercraft to authorize or knowingly to permit the personal watercraft to be operated in violation of this ordinance or state law.
Section 7. Exceptions.
This ordinance does not apply to the operation of personal watercraft by the following persons while in performance of their official duties:
(a) Federal, state and local public safety officers;
(b) The military;
(c) State and federal wildlife personnel; or
(d) Personnel involved in bona fide scientific research programs.
Section 8. Penalty.
Any person who shall violate the provisions of this ordinance shall be guilty of a Class 3 misdemeanor punishable by a fine of no more than two hundred fifty dollars ($250.00) or imprisonment for not more than thirty (30) days, as provided by G.S. § 14-4.
PART II. This ordinance shall be effective upon its adoption.
ADOPTED the 2nd day of April, 2003.
____________________________
Mayor
ATTEST:
__________________________
Town Clerk
APPROVED AS TO FORM:
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Town Attorney
Motion to adopt by Councilor Morrison
Motion to amend the motion by Councilor Beres
Vote: 5 Ayes 0 Nays
Vote on amended motion: 5 Ayes 0 Nays