§ 46-22. Permit required to drive on beach and sand dunes.

(a)

Driving without permit prohibited. It shall be unlawful for any vehicular traffic to travel upon the beach and sand dunes of the town unless such vehicle is operated by a commercial fisherman duly licensed under this chapter.

(b)

Display of permit. No commercial fisherman duly licensed shall drive a vehicle upon the beach and sand dunes area of the town without displaying visibly on his vehicle a permit issued under this chapter, which is valid and in effect at the time of utilization.

(c)

Driving in permitted areas only. It shall be unlawful for any vehicular traffic, whether holding or displaying a duly authorized permit issued pursuant to this chapter or not, to travel on any portion of the beach and sand dunes areas other than those areas designated herein as permitted driving areas or limited accessways.

(d)

Exception for emergency vehicles and other authorized vehicles. There is excepted from the application of this chapter any fire equipment, rescue equipment, or other vehicles of an emergency nature which find it necessary to utilize the beach and/or dune area. There is further excepted from the application of this chapter the use of vehicle in carrying out work or development authorized by a sand dunes permit issued by the shoreline protection office for the county so long as this work is within the scope and limitation of the sands permit.

(e)

Licensing agency to issue permits annually. Upon application to the licensing agency designated by the board of commissioners, the licensing agency may issue annual permits for vehicles and vehicular traffic to enter the beach and sand dune areas through the limited accessways as defined herein and to drive in the permitted driving areas as herein defined, for the sole purpose of commercial fishing with a net.

(f)

Requirements for applicants. Each applicant for a vehicle permit under this chapter shall satisfy the permitting officer of the following facts:

(1)

That the applicant has in effect a valid driver's license and a valid registration card for the vehicle for which the permit is issued.

(2)

The vehicle shall be, in the opinion of the permitting officer, safe for utilization on the beach.

(3)

The applicant shall demonstrate to the permitting agent that he is seeking the permit for the purpose of commercial fishing within the town, and that he is a commercial fisherman. The permitting officer may require verification that the permittee is actively engaged in commercial fishing, the verification to be either by production of validly executed income tax returns showing substantial income from commercial fishing, or a valid affidavit from a wholesale commercial fish purchaser verifying that the commercial fisherman has been, within the past 12 months, actively engaged in the sale of fish to the commercial fishing establishment.

(g)

Requirements for vehicles. All vehicles granted permits to use the permitted driving areas and the limited accessways as allowed by this chapter shall be self-propelled, mounted upon at least three wheels, shall be insured to meet the minimum liability insurance limit provided in G.S. 20-279, as the same may be amended, and shall display thereon a valid inspection sticker if registered in North Carolina. In addition thereto, each vehicle shall have a valid motor vehicle license plate and a valid registration card on the vehicle at all times.

(h)

Fishing equipment required to be in vehicle when driving on beach. It shall be unlawful for any licensed vehicle to travel on the beach strand or dunes unless the primary reason for driving in this area is to engage in commercial fishing with a net on the beach strand or in the Atlantic Ocean. It shall be conclusive evidence of a violation of this chapter if the vehicle, when examined, does not contain a commercial fishing net and all other necessary appurtenant equipment for utilization in commercial net fishing.

(i)

Manner of driving. It shall be unlawful for any vehicular traffic to travel on any permitted driving area or accessway:

(1)

At a speed in excess of ten miles per hour;

(2)

Carelessly and heedlessly in willful or wanton disregard of the rights of safety of others; or

(3)

Without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property.

(j)

Revocation of permit. The town shall revoke a permit issued to an applicant for the permitted use specified herein if the municipality (or its enforcement agent) finds that the applicant to whom the license has been issued is in violation of this chapter or is engaged in activities within the permitted driving area and limited accessways which are not directly related to commercial fishing. Furthermore, the permit shall be revoked for a period of five years if any applicant places any litter upon the beach strand or beach dunes.

(k)

Issuance of permits. The town clerk is hereby authorized to issue permits in accordance with this chapter. The town may designate, in writing, authority to one or more offices, agents or employees of the county to issue permits pursuant to this chapter.

(l)

Penalties. If any person shall violate subsection 46-22(i), he shall be guilty of a class 3 misdemeanor and shall be fined not more than $100.00. Further, the town may assess a civil penalty in the amount of $50.00 for the first offense, and $100.00 for each subsequent offense for violation of said section. Payment of a civil penalty shall not be admissible as evidence in any criminal prosecution for violation of the sections of this chapter.

(Code 2001, § 17-2; Ord. of 8-10-1982, §§ 2—11; Ord. No. 1989-2; Ord. No. 1998-2, 6-9-1998; Ord. No. 2001-6, 3-13-2001; Ord. No. 2001-7, 6-12-2001)