Harbor Ordinance

9/24/2019 Town Council Workshop

Channel and Anchorage
Mooring and Anchorage
Town Limits
Harbormaster
• Must be a sworn law enforcement officer
• Concurrent jurisdiction with the state
• Enforce all rules governing the shoreline area
• Manages the mooring field
• Oversees issues at public property (marina, dinghy dock)

• Oversees the license agreements with the Town Marina

Key Terms
Abandoned vessel means
A vessel that is moored, anchored, or otherwise located within the
shoreline area for more than thirty (30) consecutive days in any one
hundred eighty (180) consecutive-day period without permission of
the Town ;

Derelict vessel means a vessel that:

• Is in significant disrepair, such that the condition may affect the
seaworthiness of the vessel or affect the safety of the public or the
environment.
• Does not meet navigational rules of the road
Illegal Anchorage
• hazard to navigation or interfere with another vessel.
• anchor, dock, moor, or store any vessel in the shoreline area for
more than ten (10) days in a thirty (30) day period in any calendar
year, except at a private dock or marina.

• (not abandoned till 30 days)

Legal anchorage but other issues
1. dragged anchor or is moored in an unauthorized area,
2. Not properly registered.
3. The vessel is left unattended for a period exceeding twenty-four (24) hours.
4. The vessel is slept on, but is not equipped with a holding tank or the owner or
operator fails to provide the harbormaster with receipts for regular weekly pump
outs of the vessel's holding tank;
5. Law enforcement officers 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 vessel or its crew;
6. If the harbormaster, determines there are safety-related or environmental reasons
for denying permission during a particular period of time, or in a particular place, or
in a particular manner
Anchorage limitations
• During a hurricane warning each vessel operator shall secure their vessel to
prevent the vessel, and/or its parts or contents from damaging the property
of others.
• It shall be unlawful to anchor vessels without ground tackle to hold the
vessel at anchor. Vessels at anchor shall maintain a firm anchor and the
operator shall ensure that the vessel is not slipping anchor and changing its
location.
• At no time shall anything other than a licensed/registered vessel be
anchored in the shoreline area (i.e. anchorage of floating docks, piles, or
barges) unless an active construction permit is in place for the same.
Anchorage Limitations
• At no time shall any vessel be anchored within 100 feet
of:
• any other anchored vessel,
• the municipal mooring field
• the navigational channel
• the Town of Carolina Beach pierhead line
Town Docks
• The harbormaster shall post notice and citation on any vessel that
violates this section. If the violation still exists after 24 hours, the
harbormaster may have the vessel removed or relocated and
impounded.
Living aboard vessels
• Marinas with designated pump out facilities may allow for live
aboard families on vessels located in approved boat slips. Marinas
shall maintain pump out records for all live aboard vessels. Vessel
records shall be kept for two calendar years and shall be available
upon request by the harbor master.

• Living aboard a vessel at any dock in residential areas or any areas

not approved for a marina with adequate facilities to accommodate
trash, sewer, and water shall constitute a zoning violation.
Administration
Harbormaster posts the vessel with notice of the violation
24 hours if town property or life/safety issue
10 days to submit a plan to correct issues
30 days to be in compliance
Penalties
• Class 3 misdemeanor
• Civil penalties (daily fines)

• Appeals
• Town Manager
• District Court of NHC
Seized Vessels
• Value less than $500 – demolished
• Value greater than $500 – public sale
• 10 days after sale notice provided by the harbormaster to NC Wildlife

*Owner is responsible for all costs (storage, demo, sale, admin, fines)
Staff Recommendations
• Obtain quotes for expanding the moorings
• Expand the contract with Larry Denning to accommodate up to 20
hours per week for education/outreach and enforcement.
• Finalize review of harbor ordinance with the Town Attorney and TRC
• Bring back to Town Council for adoption at the November 12 th
meeting.