Legislation # 08-0364 Enactment Number none
Type Ordinance - Coded Effective Date 8/20/2008
Introduction Date 8/20/2008
Title “An ordinance to amend Chapter Seven, Article II, of the Code of the City of Hampton, entitled “Boating Skiing, and Surfing” by amending and reenacting Section 7-30 “Boating, skiing, etc., prohibited in marked swimming areas” and by adding thereto a new section 7-36 entitled “No Wake Zones”.
 
Legislation History 08-0364
DateNotice Of ActionDescription
8/20/2008 Removed
8/12/2008 Received By Clerk's Office
 
View Attachments 08-0364
FileTypeSizeDescription
Chapter 7 Redline.DOC Other 43K Red-lined ordinance
 
Legislation Text 08-0364

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 08-0364

 

Enactment Number: -

 

An ordinance to amend Chapter Seven, Article II, of the Code of the City of Hampton, entitled Boating Skiing, and Surfing by amending and reenacting Section 7-30 Boating, skiing, etc., prohibited in marked swimming areas and by adding thereto a new section 7-36 entitled No Wake Zones.

 

 

ARTICLE II.  BOATING, SKIING AND SURFING*


Sec. 7-21.  General penalty for violations of article.

Unless otherwise specifically provided, a violation of any provision of this article shall be a Class 4 misdemeanor.

(Ord. No. 10, 9; Ord. No. 186; Code 1964, 7-14; Ord. No. 1446, 11-15-06)

State law references:  Penalty for violation of state boating safety laws, Code of Virginia, 29.1-746. 


Sec. 7-22.  Arrests for violations of article.

When any person is arrested for a violation of this article, the arresting officer may comply with the provisions of section 21-4 of this Code in making such arrest. Any person who willfully violates his written promise to appear given in accordance with such section shall be guilty of a Class 1 misdemeanor.

(Ord. No. 186; Ord. No. 698, 7-22-81; Code 1964, 7-2.1, 7-15; Ord. No. 1446, 11-15-06)


Sec. 7-23.  Presumption in cases of violation of article.

When a violation of the provisions of this article has been observed by any person, the owner of any sailboat, motorboat, water ski, surfboard or similar device involved in such violation shall be presumed to be the operator thereof at the time such violation; provided, however, that such presumption shall be rebuttable by competent evidence.

(Ord. No. 698, 7-22-81; Code 1964, 7-2.1; Ord. No. 1446, 11-15-06)


Sec. 7-24.  Article does not prohibit regattas, races and exhibitions.

The provisions of this article shall not be construed to prohibit regattas or the running of races or exhibitions during an approved, publicly announced, properly supervised and adequately patrolled regatta, speed trial or exhibition. Written approval of such events from the city manager and the United States Coast Guard or from the state board of game and inland fisheries shall be deemed sufficient evidence of approval.

(Ord. No. 10, 8, Ord. No. 186; Code 1964, 7-5; Ord. No. 1446, 11-15-06)


Sec. 7-25.  Muffling devices for motorboats.

The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle the noise of the exhaust in a reasonable manner. The muffling device shall exhaust at or below the water line or it shall be equipped with mechanical baffles. The use of cutouts is prohibited, except for motorboats competing in a regattas or boat race approved as provided in section 7-24, and for such motorboats while on trial runs, during a period not to exceed forty-eight (48) hours immediately preceding such regatta or race, and for such motorboats while competing in official trials for speed records during a period of not to exceed forty-eight (48) hours immediately following such regatta or race.

(Ord. No. 186; Code 1964, 7-3; Ord. No. 1446, 11-15-06)

State law references:  Similar provisions, Code of Virginia, 29.1-737. 


Sec. 7-26. Speed limit in portion of Hampton River and in Sunset Creek.

The speed of all commercial and pleasure boats, vessels and other watercraft entering, leaving or moving about in that part of the Hampton River south of the Queen Street Bridge or in Sunset Creek shall not exceed five (5) miles per hour, and in no event shall any boat or craft, including outboards, be operated in such a manner as to create a wake to the injury of other boats or crafts anchored, tied up or plying in such portion of the Hampton River or in Sunset Creek, or to the fastening thereof.

(Ord. No. 10, 4; Ord. No. 44; Ord. No. 186; Ord. No. 432; Code 1964, 7-13)


Sec. 7-27.  Towing skiers or surfboarders without observer or life preserver.

No person shall operate a vessel on any waters of the city for towing a person on water skis or a surfboard or similar device, unless there is in such vessel, a person, in addition to the operator, in a position to observe the progress of the person being towed, or unless the person being towed wears a life preserver.

(Ord. No. 186; Code 1964, 7-4; Ord. No. 1446, 11-15-06)

State law references:  Similar provisions, Code of Virginia, 29.1-742(A). 


Sec. 7-28.  Skiing or surfboarding prohibited during certain hours.

No person shall operate a vessel on any water of this city towing a person on water skis, a surfboard or similar device, nor shall any person engage in water skiing or any similar activity, at any time between the hours from one (1) hour after sunset to one (1) hour before sunrise.

(Ord. No. 186; Code 1964, 7-4; Ord. No. 1446, 11-15-06)

State law references:  Similar provisions, Code of Virginia, 29.1-742(B). 


Sec. 7-29.  Exceptions from sections 7-27 and 7-28.

The provisions of sections 7-27 and 7-28 shall not apply to a performer engaged in a professional exhibition or a person engaged in an activity authorized under section 7-24.

(Ord. No. 186; Code 1964, 7-4; Ord. No. 1446, 11-15-06)

State law references:  Similar provisions, Code of Virginia, 29.1-742(C). 


Sec. 7-30.  Boating, skiing, etc., prohibited in marked swimming areas.

No person shall operate a motorboat, personal watercraft or manipulate water skis, surfboards, kayaks or similar devices within the area of water designated and marked as provided in section 7-2. Persons violating this section shall be guilty of a Class 4 misdemeanor. Operation of such devices under the supervision of and pursuant to a rental agreement with or on behalf of the Citys division of Parks & Recreation in an area marked pursuant to 7-2 shall not be a violation of this section.

(Ord. No. 186; Code 1964, 7-2; Ord. No. 1446, 11-15-06)

State law references:  Similar provisions, Code of Virginia, 29.1-734(D). 


Sec. 7-31.  Boating, skiing, etc., prohibited near certain fishing piers.

(a)   No person shall operate or manipulate a sailboat, motorboat, water ski, surfboard or similar device within four hundred (400) feet of the end or three hundred (300) feet of the sides of the Buckroe Beach Fishing Pier or the Grandview Fishing Pier, while such pier is open to the public, without the consent of the owner of such pier or his agent.

(b)   Any person violating this section shall be guilty of a Class 1 misdemeanor.

(Ord. No. 698, 7-22-81; Code 1964, 7-2.1; Ord. No. 1446, 11-15-06)

Cross references:  Penalty for Class 1 misdemeanor, 1-11. 


Sec. 7-32.  Skiing prohibited in portion of Hampton River and in Sunset Creek.

It shall be unlawful for any person to water ski, or for any person to operate a boat towing any person skiing, within that portion of the Hampton River south of the Queen Street Bridge or within Sunset Creek.

(Ord. No. 10, 5; Ord. No. 44; Ord. No. 186; Code 1964, 7-12; Ord. No. 1446, 11-15-06)


Sec. 7-33.  Reckless boating, skiing, etc.

(a)   No person shall operate any motorboat or vessel, or manipulate any skis, surfboard or similar device, in a reckless or negligent manner so as to endanger or be likely to endanger the life, limb or property of any person. A violation of this subsection shall constitute a Class 1 misdemeanor.

(b)   No person shall operate or manipulate any vessel, tow rope or other device by which the direction or location of water skis, a surfboard or similar device may be affected or controlled in such a way as to cause the water skis, surfboard or similar device or any person thereon to collide with any object or person. A violation of this subsection shall be punished by a fine of not more than fifty dollars ($50.00).

(Ord. No. 186; Code 1964, 7-4, 7-6; Ord. No. 1446, 11-15-06)

Cross references:  Penalty for Class 1 misdemeanor, 1-11. 

State law references:  Provisions similar to subsection (a) above, Code of Virginia, 29.1-738.03; provisions similar to subsection (b) above, 29.1-742(D), 29.1-744.3. 


Sec. 7-34.  Operating boat, skis, etc., while intoxicated or under influence of drugs.

(a)   No person shall operate any motorboat or vessel, or manipulate any water skis, surfboard or similar device, while intoxicated or under the influence of any narcotic drug, barbiturate or marijuana.

(b)   A violation of this section shall constitute a Class 1 misdemeanor.

(Ord. No. 186; Code 1964, 7-6; Ord. No. 1446, 11-15-06)

Cross references:  Penalty for Class 1 misdemeanor, 1-11. 

State law references:  Similar provisions, Code of Virginia, 29.1-738. 


Sec. 7-35.  Reimbursement of expenses incurred in responding to DUI incidents involving watercraft.

(a)   Any person convicted of a violation of section 7-34 of this Code above, or Virginia Code section 29.1-738, both pertaining to operation of watercraft while impaired by alcohol or drugs, when his operation of watercraft while so impaired is the proximate cause of any accident or incident resulting in an appropriate emergency response by the city, shall be liable to the city in a separate civil action for the reasonable expenses thereof, in an amount not to exceed one thousand dollars ($1,000.00) in the aggregate, for a particular accident or incident occurring in the city.

(b)   An "appropriate emergency response" includes all costs of providing law enforcement, firefighters, rescue and emergency medical services.

(Ord. No. 1214, 5-27-98; Ord. No. 1446, 11-15-06)

 

Sec. 7-36. No Wake Zones

 

No person shall operate any motorboat, personal watercraft or other vessel in such a manner as to create a wake in any waterway that is a designated and lawfully marked No Wake zone.

 

Secs. 7-37--7-45.  Reserved.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on September 10, 2008.

 

 

 

Signed by ____________________________ Date _________________

Molly Joseph Ward, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council