§ 8-4. Personal watercraft.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Personal watercraft means a personal watercraft as defined in G.S. 75A-13.2.

Vessel means a vessel as defined in G.S. 76A-2.

(b)

Launching and landing of jet skis and all motorized craft. The launching and landing of all motorized craft, including personal watercraft, is prohibited at the Danube Street Sound Access.

(c)

Speed.

(1)

Operators of personal watercraft must go straight in and straight out within 600 feet from any shoreline (sound or ocean) 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 miles per hour (mph), whichever is less. This section shall not apply to watercraft operating within the commercial-outdoor recreational use overlay zoning district.

(2)

Operators of personal watercraft, while within 50 feet of a person or persons in the water, or within 50 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 miles per hour (mph), whichever is less.

(d)

Use of personal watercraft.

(1)

No personal watercraft may be operated within 600 feet of the shoreline (sound or ocean), except in the commercial-outdoor recreational use overlay zoning district.

(2)

No personal watercraft may be operated within 600 feet of any fishing pier.

(3)

No person shall rent, lease, or let for hire a personal watercraft to any person under the age of 16 years, nor shall they knowingly allow a person under the age of 16 years to use a personal watercraft rented by another person on the waters under the jurisdiction of the town, as specified in G.S. 160A-176.2.

(4)

Each boat rental establishment shall be limited to a maximum number of eight authorized personal watercraft rental units and two personal watercraft that may be available for control, supervision, or rescue purposes per site. Further, no personal watercraft shall be located waterward of the nearest principal or accessory building other than authorized personal watercraft identified for rental use and two personal watercraft that may be available for control, supervision, or rescue purposes.

(e)

Wildlife. In accordance with G.S. 113-291.1, it shall be unlawful for an operator of a personal watercraft on the waters in this town to chase, harass, molest, worry, or disturb any wildlife except for lawfully angling for, hunting or trapping such fish and/or wildlife.

(f)

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 section or state law.

(g)

Exceptions. This section does not apply to the operation of personal watercraft by the following persons while in performance of their official duties:

(1)

Federal, state and local public safety officers;

(2)

The military;

(3)

State and federal wildlife personnel; or

(4)

Personnel involved in bona fide biological research programs.

(h)

Penalty. Any person who shall violate the provisions of this section shall be guilty of a class 3 misdemeanor punishable in accordance with section 1-6.

(Code 1990, § 5-5)