Legislation # 06-0671 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 11/15/2006
Title AN ORDINANCE TO AMEND CHAPTER 7 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "BOATS, BEACHES AND WATERWAYS."
 
Legislation History 06-0671
DateNotice Of ActionDescription
11/15/2006 Adopted on First and Final Reading
11/15/2006 Moved to waive the second reading on consent agenda items 6 through 16.
11/5/2006 Received By Clerk's Office
 
View Attachments 06-0671
FileTypeSizeDescription
Chapter 7 - Boats Beaches and Waterways - REDLINE - November 1, 2006.doc Other 96K Chapter 7 Redline Version
 
Legislation Text 06-0671

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 06-0671

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 7 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "BOATS, BEACHES AND WATERWAYS."

 

 

Chapter 7

 

BOATS, BEACHES AND WATERWAYS*

__________

* Charter References: Wharves, docks and other structures erected along waterfront of city declared to be within corporate boundaries, 1.02.

Cross References: License tax on marinas, 18.1-39; injuring, tampering with, etc., boats, 24-32; obstructing or polluting waterways, 24-43; parks and recreation, Ch. 26; easements along water courses in subdivisions, 35-85.

State Law References: Waters of the state, ports and harbors, Code of Virginia, title 62:1; boating laws, Code of Virginia, 29.1-700 et seq.: local regulation of operation of vessels, Code of Virginia, 29.1-744.

__________

 

Article I. General

Sec. 7-1. Violations of article.

Sec. 7-2. Designating and marking of swimming areas.

Sec. 7-3. Limitations on use of Hampton Wharf and visitors center wharf and floating dock.

Sec. 7-4. Floating loose logs or timbers in Hampton River or Sunset Creek.

Sec. 7-5. Duty to mark and remove craft wrecked, sunk or abandoned in city waters.

Sec. 7-6. Reserved.

Sec. 7-7. Removal or repair of dangerous or obstructing structures or vessels.

Sec. 7-8. Fishing or crabbing from bridges, bridge abutments, etc., generally.

Sec. 7-9. Regulations governing shipping offices.

Sec. 7-10. Limitations on use of Sunset Creek boat ramp and Gosnold's Hope Park boat ramp.

Sec. 7-11. All watercraft.

Sec. 7-12. No permission necessary for first thirty days.

Sec. 7-13. Denial or revocation of permission.

Sec. 7-14. Sanctions for violations; fines, seizure; removal of watercraft blocking access to the waterway; Abandoned Boat Act.

Sec. 7-15. Aggravated violations.

Sec. 7-16. Release of seized watercraft.

Sec. 7-17. Recurring violations.

Sec. 7-18. Designating city-marked areas restricted to vessel traffic.

Sec. 7-19, 7-20. Reserved.

 

Article II. Boating, Skiing and Surfing

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

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

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

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

Sec. 7-25. Muffling devices for motorboats.

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

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

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

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

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

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

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

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

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

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

Sec. 7-36--7-45. Reserved.

 

Article III. Beach Regulations

Sec. 7-46. Violations of article.

Sec. 7-47. Picnicking or cooking restricted to designated areas.

Sec. 7-48. Certain beverage containers and coolers prohibited.

Sec. 7-49. Dogs prohibited during certain period.

Sec. 7-50. Littering.

Sec. 7-51. Removal of sand generally.

Sec. 7-52. Repealed.

Sec. 7-53--7-65. Reserved.

 

Article IV. (Repealed)

 

ARTICLE I.

 

IN GENERAL

 

Sec. 7-1. Violations of article.

 

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

Cross References: Penalty for Class 4 misdemeanor, 1-11.

 

Sec. 7-2. Designating and marking of swimming areas.

 

The city manager is hereby authorized to designate areas for public swimming and to mark such areas with buoys or other markers. Such markers shall be colored bright orange or yellow in accordance with the international uniform markers and shall be placed offshore and not more than one hundred (100) yards from the mean low-water mark.

(Ord. No. 186; Code 1964, 7-1)

 

 

 

 

Sec. 7-3. Limitations on use of Hampton Wharf and visitors center wharf and floating dock.

 

(a) It shall be unlawful for any person to tie or moor any vessel, boat or floating material to the Hampton Wharf, to the approaches thereof, or to the visitors center wharf and floating dock for a period longer than forty eight (48) hours; provided, however, that when, in the opinion of the city manager, or his designee, it is reasonably necessary for such vessel, boat or material to remain tied or moored to any of these facilities for more than forty-eight (48) hours, such forty-eight (48) hours may be extended by the city manager or his designee in writing for such additional time as shall be reasonably necessary. The forty-eight (48) hours limitation shall not apply to any water-borne tour vessels under contract with the city.

 

(b) It shall be unlawful for any person to use or occupy the Hampton Wharf or the visitors center wharf and floating dock for the purpose of taking on or discharging any fish, crabs, oysters, clams or any other cargo of any type, or to use the Hampton Wharf for any commercial purpose, or to use the visitors center wharf and floating dock for any commercial purpose other than water-borne tour vessels under contract with the city.

 

(c) The city manager shall be authorized to designate areas for water-borne tour vessel dockage.

 

(d) The city manager shall be authorized to establish rules, regulations and fees for the use of the visitors center wharf and floating dock.

 

(e) This section shall not be construed to prevent the use of the Hampton Wharf or the visitors center wharf and floating dock for the taking on or removing of supplies or equipment from any boat or vessel tied to such wharf or dock.

(Code 1956, 15-6; Ord. No. 56; Ord. No. 186; Code 1964, 7-7--7-9; Ord. No. 864, 7-8-87)

 

Sec. 7-4. Floating loose logs or timbers in Hampton River or Sunset Creek.

 

It shall be unlawful for any person to float loose timbers or logs in the waters of the Hampton River or Sunset Creek.

(Ord. No. 10, 6; Ord. No. 186; Code 1964, 7-10)

 

Sec. 7-5. Duty to mark and remove craft wrecked, sunk or abandoned in city waters.

 

(a) Whenever any barge, scow, vessel, or other craft is wrecked, sunk or abandoned in the waters within or adjoining the city, whether voluntarily, carelessly, accidentally or otherwise, the owner or person allowing or causing the craft to be sunk shall immediately mark the craft with a buoy and a lighted lantern at night, shall maintain such markers until the craft is removed, shall commence the immediate removal of the craft, and prosecute such removal diligently. The neglect or failure of such owner or person to so mark and remove the craft shall be a misdemeanor. In addition, in applicable cases, the city may proceed pursuant to section 7-7.

 

(b) Any violation shall be a misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). If the violation is uncorrected at the time of conviction, the court shall order the violator to abate or remedy the violation in compliance with the ordinance, within a time period established by the court. Failure to remove or abate a violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00), and any such failure during any succeeding thirty-day period shall constitute a separate misdemeanor offense for each thirty-day period punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00).

(Ord. No. 10, 6; Ord. No. 186; Code 1964, 7-10, 7-11; Ord. No. 1192, 9-10-97)

 

Sec. 7-6. Reserved.

Editors Note: Ord. No. 1192, adopted Sept. 10, 1997, and Ord. No. 1195, adopted Sept. 24, 1997, repealed former 7-6, which pertained to the duty of owners of crafts wrecked or sunk in Hampton River or Sunset Creek, and derived from Ord. No. 10, 6; Ord. No. 186; and Code 1964, 7-11.

 

Sec. 7-7. Removal or repair of dangerous or obstructing structures or vessels.

 

(a) Whenever the director of the department of public works, public safety, codes and compliance, or a city employee designated thereby, is of the opinion that any vessel has been abandoned or any wharf, pier, piling, bulkhead or any other structure or vessel might endanger the public health or safety of other persons or might constitute an obstruction or hazard to the lawful use of the waters within or adjoining the city, he shall ascertain the lawful owner of such property and notify such owner in writing to remove, repair or secure such wharf, pier, piling, bulkhead or other structure or vessel. If the owner of such property fails to remove, repair or secure the same within thirty (30) days after being given such notice, the city through its own agents or employees, may remove, repair or secure such property.

 

(b) In the event that the city, through its own agents or employees, removes, repairs or secures any wharf, pier, piling, bulkhead or other structure or vessel, after complying with the notice requirements of subsection (a) above, the cost or expenses thereof shall be chargeable to and paid by the owners of such property and, to the extent applicable, may be collected by the city as taxes and levies are collected.

 

(c) If the identity or whereabouts of the lawful owner of any property referred to in subsection (a) above is unknown or not able to be ascertained after a reasonable search and after lawful notice has been mailed to the last known address of any known owner, the city, through its own agents or employees, may repair or remove such wharf, pier, piling, bulkhead or other structure or vessel, after giving notice by publication once each week for two (2) weeks in a newspaper of general circulation in the area where such property is located.

 

(d) Every charge authorized by this section with which the owner of any such property shall have been assessed and which remains unpaid, to the extent applicable, shall constitute a lien against the owner's real property, and such lien shall be recorded in the judgment lien docket book in the circuit court of the city. Such lien may also be reduced to a personal judgment against the owner.

(Ord. No. 1192, 9-10-97; Ord. No. 1273, 4-26-00)

State Law References: Authority for above section, Code of Virginia, 15.2-909.

 

Sec. 7-8. Fishing or crabbing from bridges, bridge abutments, etc., generally.

 

(a) It shall be unlawful for any person to fish or crab from any of the public bridges, public bridge abutments or public ways adjacent to waterways within the city, except that it shall be lawful to fish or crab from the following places:

 

(1) The east side of the John P. Mugler bridge over Mill Creek, except where posted signs prohibit; and

 

(2) The west side of the Mercury Boulevard bridge over Mill Creek, except where posted signs prohibit.

 

(b) The city manager is hereby authorized to erect appropriate signs at bridges and their abutments indicating that fishing or crabbing therefrom is prohibited.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-14, 27.1-15; Ord. No. 773, 6-27-84; Ord. No. 1215, 6-10-98)

 

Sec. 7-9. Regulations governing shipping offices.

 

(a) Every person licensed under chapter 18 of this Code to conduct a shipping office shall keep a list of all persons engaged or secured by him for shipment aboard a coastwise or deep-water vessel, and on each Monday morning he shall furnish to the chief of police of the city a copy thereof, together with the name of the vessel in which every person so engaged or secured by him shall have shipped.

 

(b) In no case shall a fee of more than two dollars ($2.00) be charged for engaging or securing any sailor or mariner and if the vessel or the owner thereof shall be required to advance any sum of money on account of any debt incurred by the sailor or seaman to the person engaging or securing him, such creditor shall obtain the signature of such debtor to a certificate showing the amount of such debt, which certificate shall be kept in a book which shall at all times be open to the inspection of the police of the city.

(Ord. No. 601, 12-13-78; Code 1964, 27.1-29)

 

Sec. 7-10. Limitations on use of Sunset Creek boat ramp and Gosnold's Hope Park boat ramp.

 

It shall be unlawful for any person to use or occupy the Sunset Creek boat ramp, including its piers, and the Gosnold's Hope Park boat ramp, including its piers, for the purpose of taking on or discharging any fish, crabs, oysters, claims or any other cargo of any type, to use them for any commercial purpose, or to fuel or refuel any boats at these facilities.

(Ord. No. 1013, 6-26-91)

 

Sec. 7-11. All watercraft.

 

No person shall store a watercraft in the waters of the city for more than ten (10) days in a thirty-day period in any calendar year, except at a private dock or marina, without the express written permission of the chief of police, or his designee. Except as provided above, watercraft aground, sunken, or secured to any mooring or structure without permission of the owner of that mooring or structure, or interfering with the rights of any person, are expressly denied permission.

(Ord. No. 1273, 4-26-00)

 

Sec. 7-12. No permission necessary for first thirty days.

 

For its first ten (10) days in city waters in any thirty-day period in any calendar year, any transient watercraft legally anchored and attended shall be deemed to have anchorage permission for provisioning, repairs, tourism, and recreational use, unless such permission is revoked in writing by the chief of police, or his designee, for any of the reasons given below.

(Ord. No. 1273, 4-26-00)

 

Sec. 7-13. Denial or revocation of permission.

 

The chief of police, or his designee, may deny or revoke anchorage or mooring permission for any of the following reasons:

 

(a) The watercraft has dragged anchor or is moored at an unregistered mooring, or in a marked channel;

 

(b) The watercraft displays no evidence of current state, federal, or foreign registration, or, when asked by the chief of police, or his designee, the owner or operator of the watercraft fails to present a current Virginia registration, cruising permit, or other official documentation of ownership upon which he or she is named as the owner or operator;

 

(c) The watercraft is left unattended for periods exceeding five (5) days ("unattended" shall mean for the purposes of this section that the owner or operator has not been found on the boat or in its immediate vicinity and has failed to remove, read, and respond to any posting or citation left by the chief of police, or his designee);

 

(d) The watercraft is slept on but is not equipped with a holding tank and smoke detector, or the owner or operator fails to provide the chief of police, or his designee, with receipts for regular weekly pumpouts of its holding tank;

 

(e) The watercraft is in violation of, or can be documented to have been under the control of the same person when in the past it violated any city, state, or federal laws, or has been used as a haven for the violation of any such law by any person, within three hundred sixty-five (365) days prior thereto;

 

(f) The owner or operator of the watercraft, if not aboard, has failed to provide the chief of police, or his designee, with a method of contact when asked, or cannot be reached by the chief of police of his designee;

 

(g) The police have responded to complaints of excessive noise, thefts, firearms violations, controlled substance violations, or other disturbances of possible danger to the environment or any person, emanating from the watercraft or its crew;

 

(h) The watercraft is in a sinking or dilapidated condition;

 

(i) The watercraft is at any time within seventy-five (75) feet of any other legally anchored watercraft, or any private mooring or private dock or marina without the written permission of the owner;

 

(j) If, at the discretion of the chief of police, or his designee, there are safety-related or environmental reasons for denying permission. When necessary, the chief of police, or his designee, may act or may join in action with other agencies to determine and abate any unsafe or environmentally hazardous conditions.

 

Nothing in this section shall be construed as authorizing any person to store any boat in the waters of the city for more than ten (10) days in any thirty-day period in any calendar year without the express written authorization of the chief of police, or his designee.

(Ord. No. 1273, 4-26-00)

 

Sec. 7-14. Sanctions for violations; fines, seizure; removal of watercraft blocking access to the waterway; Abandoned Boat Act.

 

It shall be an infraction punishable by a one hundred dollars ($100.00) per day fine to continue to store the watercraft in city waters after the first ten (10) days without express written anchorage or moorage permission from the chief of police, or his designee. Said fine shall constitute a lien on the watercraft. The chief of police, or his designee, shall post unattended watercraft which are in violation until five (5) infraction violations have been posted. He shall then continue to monitor the violating watercraft until ten (10) days have elapsed from the date of the first posting. If the person in control of the watercraft returns, or contacts the office of the chief of police, and abates the violation within that time, no further actions need to be taken.

 

If the owner of any unattended watercraft stored in city waters fails to respond to notices or pay fines and fees as required by this section for more than ten (10) days, the watercraft shall be taken into custody by the chief of police, or his designee, and stored in a safe place of storage out of the water.

 

If any unoccupied watercraft is found by the chief of police, or his designee, to be anchored or moored so that any portion of the watercraft is at any time less than seventy-five (75) feet from the berthing place of another watercraft and blocking its access to the waterway or to its berth, permission to anchor shall be considered revoked and the chief of police, or his designee, shall post a one hundred dollar ($100.00) infraction notice upon the unoccupied watercraft.

 

The chief of police, or his designee, shall then ascertain when the blocked watercraft actually needs to exercise its right to access. If able to assist in providing sufficient access at that time by shifting the lay of the blocking watercraft while it remains at anchor, the chief of police, or his designee, shall do so and shall have the option to continue to do so on up to five (5) successive days, upon each of which the chief of police, or his designee, shall post an additional infraction notice. If at any time this process becomes impractical, the chief of police, or his designee, may take custody of the unoccupied watercraft, including all appurtenances, and remove it to a safe place of storage at the expense of the owner. After taking custody of the watercraft, the chief of police, or his designee, shall attempt to notify the owner and if unable to locate the owner shall initiate abandoned boat procedures as prescribed under section 7-7.

(Ord. No. 1273, 4-26-00)

 

Sec. 7-15. Aggravated violations.

 

If the watercraft is attended but the person in control of the watercraft refuses to comply with the provisions of this chapter, after five (5) infractions issued by the chief of police, or his designee, or if the watercraft is blocking the use of the waterway as defined above, continued refusal shall aggravate the offense to a Class 3 misdemeanor. The chief of police, or his designee, shall then accost the violator. If the person in control is still in the vicinity and still refuses to comply with the terms of this chapter, he or she shall then be taken into custody by the police department so that the watercraft may be safely removed to a place of storage.

(Ord. No. 1273, 4-26-00)

 

Sec. 7-16. Release of seized watercraft.

 

No watercraft taken into custody by the chief of police, or his designee, shall be released to any person who fails to provide clear proof of identity in the form of a valid passport, or a valid U.S. or Canadian driver's license, or other satisfactory official proof of identity, and clear proof of ownership in the form of a current and valid Virginia registration, Virginia cruising permit, or other official documentation naming that person as registered owner. Proof of payment of all Virginia registration, transfer, and excise taxes due on the watercraft must be presented and must be verified by the chief of police, or his designee, with the Virginia Marine Resources Commission unless a Virginia Marine Resources Commission Officer is present at the time of the release. All fees for fines, towing, storage, publications, and any other fees incurred since the arrival of the watercraft in the city waters must be reimbursed to the city by the registered owner prior to release of the watercraft.

(Ord. No. 1273, 4-26-00)

 

Sec. 7-17. Recurring violations.

 

Once any watercraft has been taken into the custody of the police, any subsequent violations by the same owner or operator shall aggravate the offense to a Class 3 misdemeanor with immediate application of the sanctions enumerated above.

(Ord. No. 1273, 4-26-00)

 

Sec. 7-18. Designating city-marked areas restricted to vessel traffic.

 

Subject to approval by appropriate state and federal agencies, the city manager may establish and mark boating channels which shall be restricted to vessel travel exclusively. Such boating channels shall be "government marked channels" and crabbing by any person is hereby prohibited in such boating channels.

(Ord. No. 1273, 4-26-00)

 

Secs. 7-19, 7-20. Reserved.

 

ARTICLE II.

 

BOATING, SKIING AND SURFING*

__________

* State Law References: Boating laws, Code of Virginia, 29.1-700 et seq.; local regulation of operation of vessels, Code of Virginia, 29.1-744.

__________

 

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)

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)

 

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)

 

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)

 

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)

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)

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 hour after sunset to one hour before sunrise.

(Ord. No. 186; Code 1964, 7-4)

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)

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 or manipulate water skis, surfboards 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.

(Ord. No. 186; Code 1964, 7-2)

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)

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)

 

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)

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)

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)

 

Secs. 7-36--7-45. Reserved.

 

ARTICLE III.

BEACH REGULATIONS*

__________

* Cross References: Responsibilities of director of parks relative to public beaches, 26-4; obscene or indecent exposure on public beaches, 26-36; consumption or possession of alcoholic beverages on public beaches, 26-37.

__________

 

Sec. 7-46. Violations of article.

 

Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 1 misdemeanor.

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

 

Sec. 7-47. Picnicking or cooking restricted to designated areas.

 

(a) It shall be unlawful for any person to use any sand beach or portion thereof, open to the public, for picnicking, charcoaling or cooking, except in areas specifically set aside for and marked by appropriate signs for such picnicking, charcoaling or cooking.

 

(b) No person shall be guilty of violating this section unless signs have been placed on such beach indicating the requirements of this section.

(Ord. No. 202; Code 1964, 34-2.1)

 

 

Sec. 7-48. Certain beverage containers and coolers prohibited.

 

It shall be unlawful for any person to take or carry upon any public sand beach any container containing or designed to contain alcoholic beverages, soft drinks, food or refreshments of any kind.

 

It shall also be unlawful for any person to take or carry upon any public sand beach any cooler, ice box, ice chest or insulated container.

(Ord. No. 42; Code 1964, 34-1; Ord. No. 866, 7-8-87)

 

Sec. 7-49. Dogs prohibited during certain period.

 

It shall be unlawful for any person owning, having control of or harboring any dog to cause, suffer or permit such dog to be on the public sand beaches within the city, Buckroe Beach Boardwalk, or in those areas in Buckroe Beach Park designated by the parks and recreation director, during the period from May fifteenth through September fifteenth of each year.

 

The foregoing prohibition shall not apply to "hearing dogs" or "service dogs", as used by a blind or deaf person pursuant to Code of Virginia, 51.5-44(E).

(Ord. No. 181; Ord. No. 290; Ord. No. 482; Ord. No. 494; Ord. No. 688, 5-13-81; Code 1964, 27A-7; Ord. No. 755, 27A-7(j), 6-22-83; Ord. No. 1250, 6-9-99; Ord. No. 1284, 9-27-00)

Cross References: Animals, Ch. 5.

 

Sec. 7-50. Littering.

 

It shall be unlawful for any person to deposit or leave paper cups, napkins, picnic litter or trash of any type on or upon any sand beach used by the public.

(Ord. No. 42; Code 1964, 34-2);

Cross References: Littering generally, 32-2.

 

Sec. 7-51. Removal of sand generally.

 

It shall be unlawful for any person to carry away or remove, or to cause to be carried away or removed, any sand from any public beach.

(Ord. No. 103; Ord. No. 480; Code 1964, 34-3)

 

Sec. 7-52. Repealed.

 

Secs. 7-53--7-65. Reserved.

 

ARTICLE IV.

(Repealed)

 

 

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council