Currituck County
NC

Board Agenda

Consideration of an Ordinance Amending the Currituck County Code of Ordinances by Adding a Section Regulating Excessive and Unsafe Digging on the County’s Ocean Beach

Information

Department:County ManagerSponsors:
Category:BOC Ordinance

Attachments

  1. Printout
  2. Ordinance Amending Chapter 10 Prohibit Beach Digging 100217 (This file has not yet been converted to a viewable format)

Meeting History

Oct 16, 2017 6:00 PM Video Board of Commissioners Regular Meeting
draft Draft

Mr. McRee reviewed provisions of the ordinance that addresses excessive digging and filling of holes on the beach. He said the Sheriff voiced concerns with manpower for enforcement. Mr. McRee said Code Enforcement officials do have the ability to enforce these and other ordinances, and the Board could consider adding enforcement officials during the summer months.

Commissioner Beaumont moved to approve the Ordinance relative to excessive excavation on the beaches. The motion was seconded by Commissioner Hall. The motion passed unanimously.

AN ORDINANCE OF THE CURRITUCK COUNTY BOARD OF COMMISSIONERS AMENDING ARTICLE II, DIVISION 7, CHAPTER 10 OF THE CURRITUCK COUNTY CODE OF ORDINANCES TO REGULATE EXCESSIVE AND UNSAFE DIGGING OR PILING OF SAND ON THE COUNTY’S OCEAN BEACH

WHEREAS, pursuant to N.C. Gen. Stat. §153A-121 a county may by ordinance define, regulate, prohibit, or abate acts, omissions, or conditions detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the county; and

WHEREAS, pursuant to N.C. Gen. Stat. §153A-145.3 a county may, by ordinance, define, prohibit, regulate, or abate acts, omissions, or conditions upon the State’s ocean beaches and prevent or abate any unreasonable restriction of the public’s right to use the State’s ocean beaches; may regulate, restrict, or prohibit the placement, maintenance, location or use of equipment, personal property, or debris upon the State’s ocean beaches; and may otherwise enforce any ordinance adopted pursuant to this section or any other of provision of law upon the State’s ocean beaches located within the county’s jurisdictional boundaries; and

WHEREAS, the Board of Commissioners for the County of Currituck finds that excessive piling of sand or digging of holes in the sand of the county’s ocean beaches affects the health, safety and welfare of the county’s citizens and visitors by: (i) creating hazards for those traveling the ocean beaches during times of reduced visibility; (ii) unreasonably restricting the ability of emergency, lifesaving, public service and other motor vehicles to travel the ocean beach; (iii) creating hazards for endangered and protected species such as sea turtles which use the ocean beach at night; and (iv) creating the possibility of collapse of sand upon users of the ocean beach, particularly children; and

WHEREAS, the Board of Commissioners for the County of Currituck further finds that in accordance with the findings above it is in the interest of the public’s health, safety, morals and general welfare for the county to amend the Code of Ordinances, Currituck County, North Carolina as set forth in this ordinance.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners for the County of Currituck, North Carolina as follows:

PART I. Article II, Division 7, Chapter 10 of The Code of Ordinances, Currituck County, North Carolina is amended by adding a new Section 10-130 to read as follows:

Sec. 10-130. Excessive and unsafe digging or piling of sand on the ocean beach prohibited.

(a) It shall be prohibited for any person to alter the ocean beach by digging or mounding of sand that:

(1) Substantially or permanently alters the contour or shape of the ocean beach or any sand dune;

(2) Remains unattended at night for any period of time or during the day for more than one (1) hour without restoring the beach to its original condition;

(3) Unreasonably restricts, prevents or disrupts the passage of public works, emergency or ocean rescue vehicles, or the public; or

(4) Creates a hazard for those traveling the ocean beach during times of reduced visibility or otherwise cannot reasonably be seen and recognized as a hazard by users of the ocean beach;

(5) Creates hazards for endangered and protected species such as sea turtles which use the beach at night;

(6) Creates the possibility of collapse of the sand upon users of the ocean beach, particularly children; or

(7) Otherwise creates an unreasonably dangerous condition for the users of the ocean beach.

(b) Exceptions. The county manager may grant exceptions to this section for limited duration special events or other reasons in the general public interest upon presentation of a written request outlining the reasons for the exception and providing a plan for addressing safety issues associated with the request. This section shall not be applicable to development, beach restoration or nourishment, construction or similar activities occurring upon the ocean beach pursuant to and incompliance with all necessary permits issued by the local, state and/or federal agencies having jurisdiction over the work.

PART II. Severability. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Should a court of competent jurisdiction declare this ordinance or any part of this ordinance to be invalid, such decision shall not affect the remaining provisions of this ordinance or the Code of Ordinances of the County of Currituck, North Carolina.

PART III. This ordinance is effective upon adoption.

ADOPTED this 16th day of October, 2017.

RESULT:APPROVED [UNANIMOUS]
MOVER:Paul M. Beaumont, Commissioner
SECONDER:Mike D. Hall, Commissioner
AYES:Bobby Hanig, Mike H. Payment, Paul M. Beaumont, Mary "Kitty" Etheridge, Marion Gilbert, Mike D. Hall, Bob White