The purpose of this article is to ensure that all public piers and landing facilities are available for use in a fair and equitable manner.

(Ord. No. 1303, § 1, 7-28-2008)

The following regulations shall apply to all public piers and landing facilities used for access to the water or for recreation.

(a)

The use of public piers and landing facilities after 10:00 p.m. and before 7:00 a.m. shall be restricted to fishing activities and the launching and landing of boats. During these nighttime hours the use of radios, loud talking or other loud noise shall be prohibited. This restriction shall not apply to the noise of boats or associated with launch or recovery of boats or vehicles equipped with mufflers in good operating condition.

(b)

If the landing facilities covered by this article are located within 1,000 feet of a residential dwelling, all music, yelling or other noise loud enough to unreasonably disturb neighboring residents shall be prohibited.

(c)

No fires of any kind, including barbecues, shall be kindled without the appropriate permit from the fire chief and the approval of the city manager.

(d)

No person shall place or maintain at or on any public pier or landing any barrels, boxes, gear, traps, nets, sails, equipment, or other materials longer than is necessary for the prompt loading or unloading of the same. In no case shall such materials be left on or tied to any pier or wharf when the person responsible for such materials is not present. Temporary storage of materials on the city-owned land of the landing facility shall be limited to designated areas for such use, and such materials shall not remain longer than necessary, and in no case for longer than 48 hours. No person shall deposit or leave rubbish, garbage or litter of any kind at any pier or landing facility or on adjacent land, whether city-owned or leased, except that such materials may be placed in the appropriate trash receptacles if so provided.

(e)

The city manager has the authority to designate an appropriate length of time that vessels may be moored at the piers and seawalls associated with the public landings and shall direct staff to erect appropriate signs indicating such.

(f)

No person shall sweep or cause to be deposited on any public pier or landing or into the marine waters any gasoline, oil, noxious chemicals, sewage, contaminated bilge water, ashes, dirt, stones, gravel, mud, logs, brush, building materials, bottles, cans, paints, or other liquid or solid wastes that float on, dissolves in, or otherwise pollutes the water, obstructs navigation or decreases water depth.

(g)

Parking along access roads shall be done in such a manner that it will not impede the free flow of traffic and will not block access to driveways or entrances to other roads.

(Ord. No. 1303, § 1, 7-28-2008)

(a)

Persons using any public pier or landing facility shall do so at their own risk. The City of Poquoson shall not be responsible for accidents that occur on or at any facility or for damage to boats or injury to persons using any facility or leasing space from the city.

(b)

Persons landing or docking watercraft, using vehicles at public landing facilities or leasing space shall be responsible for repairing any damage that may occur to the facility as a result of their use. Said damage shall be repaired under the direction of the city manager and by such persons as the city manager may choose with all costs to be borne by those responsible for the damage.

(Ord. No. 1303, § 1, 7-28-2008)

(a)

The city manager shall designate an area or areas where state licensed wholesale marine products dealers may park for the purpose of purchasing or picking up fish or other marine products. No buildings or other structures may be built or left at any facility for such wholesale activities. Dealer vehicles may be parked only when boats with marine products to sell are actively loading or unloading their product or when such activity can reasonable be expected to occur within one hour.

(b)

The establishment of retail fish or other marine product businesses at or on any public landing is prohibited. This provision shall not, however, prohibit the casual sale of marine products by the harvester to the public at any public landing facility. Such casual sale of seafood shall be conducted such that it does not impede public access to the remainder of the facility, the public boat ramps and the associated piers.

(Ord. No. 1303, § 1, 7-28-2008)

No boat or other watercraft shall be left unattended while tied or fastened to a city-owned pier, bulkhead or mooring except for those under lease with the city for such purpose.

(Ord. No. 1303, § 1, 7-28-2008)

(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 19-7.

(b)

Any violation shall be a misdemeanor punishable by a fine of not less than $100.00 nor more than $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 $100.00 nor more than $1,000.00, and any such failure during any succeeding 30-day period shall constitute a separate misdemeanor offense for each 30-day period punishable by a fine of not less than $100.00 nor more than $1,000.00.

(Ord. No. 1303, § 1, 7-28-2008)

(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 ten 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 or vessel referred to in subsection (a) above is unknown or not able to be ascertained after a reasonable search and after written 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.

(Ord. No. 1303, § 1, 7-28-2008)

No person shall store a watercraft in the waters of the city for more than an aggregate of ten days during any 30-day period with a maximum of 30 days per calendar year, except at a private dock or marina, or with a written lease at a city dock, without the express written permission of the city manager, 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. 1303, § 1, 7-28-2008)

For the first ten days in city waters during any 30-day period with a maximum of 30 days per 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. 1303, § 1, 7-28-2008)

The city may deny or revoke permission for tie up or anchorage on the following conditions:

(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 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 pump outs of its holding tank or has a United States Coast Guard marine sanitation device.

(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 365 days prior thereto.

(f)

The owner or operator of the watercraft, if not abroad, 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 or 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 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 days in any 30-day period in any calendar year without the express written authorization of the chief of police, or his designee.

(Ord. No. 1303, § 1, 7-28-2008)

(a)

It shall be an infraction punishable by a fine of $100.00 per day to continue to store the watercraft in city waters or on city property after the first ten 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.

(b)

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 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. All costs incurred shall be charged to the owner of the watercraft.

(c)

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 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 $100.00 infraction notice upon the unoccupied watercraft.

(d)

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 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 19-7.

(Ord. No. 1303, § 1, 7-28-2008)

If the watercraft is attended but the person in control of the watercraft refuses to comply with the provisions of this chapter, after five 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 confront 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. 1303, § 1, 7-28-2008)

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. 1303, § 1, 7-28-2008)

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 in section 19-11.

(Ord. No. 1303, § 1, 7-28-2008)

Areas may be designated for vehicle parking by persons using any public pier or landing facility. Daily unattended parking shall be allowed while the driver of the vehicle is using watercraft. Areas may be designated for longer term parking for use by commercial marine harvesters who are going to be at sea for longer than 24 hours. This section does not prohibit parking in other areas of the city where such is not prohibited.

(Ord. No. 1303, § 1, 7-28-2008)

If any section, subsection, sentence or part of this article is for any reason held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining portions of this article.

(Ord. No. 1303, § 1, 7-28-2008)