Sec. 11-1. - Definitions.

For purposes of this chapter, the following words and phrases shall have the meaning attributed thereto:

Craft when used throughout this chapter, shall be synonymous with the term "watercraft."

Emergency situation shall mean any situation which creates a reasonable expectation of danger to life, limb or property.

Moor when used throughout this chapter, shall be synonymous with the term "anchor" and include watercraft that are at anchor or tied or secured to a pier, dock, bulkhead or other fixed facility.

Motorized watercraft shall mean any watercraft propelled either entirely or in part by an internal combustion engine or other machinery, whether or not the engine or machinery is used as the principle source of propulsion.

No wake means operation of a motorboat at the slowest possible speed required to maintain steerage and headway.

Personal watercraft shall mean a type of motorized watercraft and refers to a vessel less than sixteen (16) feet in length which uses an inboard motor powering a jet pump as its primary motive power, and which is designed to be operated by a person sitting, standing or kneeling on, rather than in the conventional manner of sitting or standing inside the vessel. "Personal watercraft" includes watercraft commonly referred to under the trademark "jet-skis."

Rafting shall mean the practice of mooring one (1) or more watercraft abreast to a watercraft already at anchor, tied or secured to a pier, dock, bulkhead or other fixed facility.

Skiing or water skiing shall mean to ride upon or operate, for recreational purposes, any water skis or other rigid or inflatable devices designed or intended to be pulled or towed behind another vessel.

Watercraft shall mean every type of conveyance used or capable of being used as a means of transportation for either persons or property on water. The term "watercraft" shall include the terms "craft" and "vessel."

Vessel when used throughout this chapter, shall be synonymous with the term "watercraft."

(Ord. No. 4422-92; Ord. No. 5152-98, § 1)

Sec. 11-2. - Violations of chapter.

Except where otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 4 misdemeanor.

(Ord. No. 4422-92)

Sec. 11-3. - Signs and markers to enforce chapter.

The city manager is authorized to have appropriate signs and markers erected in accordance with and as may be required to enforce the provisions of this chapter. Such signs and markers shall comply with state and federal laws and with the rules and regulations of appropriate state and federal agencies.

(Ord. No. 4422-92)

Sec. 11-4. - Distance between motorized watercraft and swimmers or waders in tidal waters.

It shall be unlawful for any person to operate any motorized watercraft, other than law enforcement officers and other emergency response personnel in the performance of their duties, on the tidal waters of the city within fifty (50) feet of any shore, dock, pier, boat ramp or other launching facility; or any person bathing, swimming or wading, except while leaving from or returning to a dock, pier, boat ramp or other launching facility. It shall be unlawful for any person, while wading, swimming or bathing, unless a member of the boat's company, to approach within fifty (50) feet of any motorized watercraft on the tidal waters of the city.

(Ord. No. 4422-92)

Sec. 11-5. - Distance between skiers and swimmers or waders in tidal waters.

It shall be unlawful for any person to water ski on the tidal waters of the city within fifty (50) feet of any person bathing, swimming or wading.

(Ord. No. 4422-92)

Sec. 11-6. - Operation of watercraft prohibited in designated swimming areas.

(a)

It shall be unlawful for any person, other than law enforcement officers or other emergency response personnel in the performance of their duties, to operate any type of watercraft within any area designated and marked by the city as a "public swimming area." This section shall not be applicable to inflatable floats and rafts which are designed for use by no more than two (2) people at a time.

(b)

The following area is designated for use as a public swimming area only:

In the waters of the James River bounded on the south by the James River Fishing Pier and its adjacent parking lot, on the north by the Huntington Park Boat Ramp, and on the west by a line of pilings and other markers generally placed parallel to and approximately four hundred fifty (450) feet from the shoreline at mean low water.

(Ord. No. 4422-92; Ord. No. 5118-98)

Sec. 11-7. - Personal watercraft and skiing prohibited in certain waters.

(a)

It shall be unlawful for any person to operate a personal watercraft or water ski, or for any operator of any boat to permit any person to water ski:

(1)

In the waters of the James River in the area from the James River Bridge fishing pier to the deep water channel leading from the Huntington Park Boat Ramp, such area to extend no further west than five hundred (500) yards from the Huntington Park Beach.

(2)

In the waters of the James River in the area beginning at a point one hundred (100) yards downstream from the Hilton Pier and extending to a point one hundred (100) yards upstream from the Hilton Pier, such area to extend no further west than fifty (50) yards beyond the western end of the Hilton Pier.

(3)

In the waters of the Warwick River in the area beginning at a point one hundred (100) yards downstream from the Denbigh Park Fishing Pier and extending to a point one hundred (100) yards upstream from the Denbigh Park Fishing Pier, such area to extend no further west than fifty (50) yards beyond the western end of the pier.

(4)

In the waters of Newport News Creek (Newport News Seafood Industrial Park).

(5)

In the waters within the I-664 wavescreen or in the entrance to the Newport News Seafood Industrial Park. Such waters collectively referred to as the waters of the Newport News Seafood Industrial Park.

(6)

In the waters of Peterson's Yacht Basin north of the boat ramp.

(b)

The prohibitions within this section shall not apply to personal watercraft being operated by law enforcement or other emergency response personnel in the performance of their duties.

(Ord. No. 4422-92; Ord. No. 5029-97)

Sec. 11-8. - Swimming prohibited in certain waters.

It shall be unlawful for any person to bathe or swim:

(1)

In any of the waters referred to in subparagraphs (3), (4), (5), (6), (7) or (9) of section 11-7

(2)

In the waters of the Roy Peterson Yacht Basin or in the entrance thereto between the Sixteenth Street Bridge and Hampton Roads.

(Ord. No. 4422-92)

Sec. 11-9. - Safe operation of watercraft generally.

(a)

It shall be unlawful for the operator of any watercraft to operate such watercraft in such a manner as to endanger life, limb or property.

(b)

A violation of this section shall constitute a Class 1 misdemeanor.

(Ord. No. 4422-92)

Sec. 11-10. - Passing watercraft under way.

(a)

It shall be unlawful for the operator of any watercraft to pass other watercraft under way so closely or at such a rate of speed as to endanger the control of either vessel by its operator, or so as to entail or likely to entail danger or injury to a person or property from its wake.

(b)

This section shall not apply to watercraft utilizing designated channels as provided by state and federal rules and regulations, unless otherwise specifically provided.

(c)

A violation of this section shall constitute a Class 1 misdemeanor.

(Ord. No. 4422-92)

Sec. 11-11. - Operation of watercraft so as to endanger moored watercraft, etc.

(a)

It shall be unlawful for the operator of any watercraft to operate the same at such speed or in such proximity to moored watercraft as to endanger the security of their mooring, or so as to entail danger of injury to person or property, or unreasonable inconvenience to personal comfort, aboard such moored watercraft.

(b)

A violation of this section shall constitute a Class 1 misdemeanor.

(Ord. No. 4422-92)

Sec. 11-12. - Watercraft lights and sound equipment.

All watercraft operated on or moored in waters under the jurisdiction of the city shall be equipped with lights and sound equipment meeting the current requirements of the rules and regulations of the United States Coast Guard Navigation Rules, International-Inland and such lights and sound equipment shall be operated in accord with such rules and regulations.

(Ord. No. 4422-92)

Sec. 11-13. - Approach and exit lanes to docking facilities and launching ramps for watercraft.

(a)

The director of the department of parks and recreation shall designate, where deemed necessary, approach and exit lanes to docking facilities and launching ramps, which shall be clearly and properly marked, and within which only motorized watercraft may be operated.

(b)

It shall be unlawful for any person when approaching or leaving such dock or launching ramp to operate a motorboat outside designated lanes or at a speed in excess of five (5) miles per hour.

(c)

It shall be unlawful for any person to bathe, swim or wade within such designated lanes.

(Ord. No. 4422-92)

Sec. 11-14. - Limitation on speed of watercraft in certain waters; "no wake" designation of certain waters.

(a)

It shall be unlawful for any person to operate any watercraft in excess of five (5) miles per hour, or to generate a wake that, by virtue of wave height, speed or frequency, adversely impacts and disturbs other watercraft, marine structures or equipment, wildlife or the adjacent shoreline:

(1)

In the waters of Deep Creek Harbor or in the entrance to such harbor;

(2)

In the waters of Lucas Creek;

(3)

In the waters of the Leeward Marina;

(4)

In the waters of Fishers Creek;

(5)

In any of the waters referred to in section 11-7

(6)

In or on any other waters designated by the commonwealth or the city, and identified by a sign indicating the speed limit or a "no wake" zone.

(b)

The prohibitions within this section shall not apply to watercraft operated by law enforcement or other emergency response personnel in the performance of their duties.

(Ord. No. 4422-92; Ord. No. 5029-97)

Sec. 11-15. - Watercraft not to be moored on portion of Salters Creek.

No person operating watercraft on the waters of Salters Creek shall use either side of that part of such creek, between its mouth and the Sixteenth Street Bridge, as a mooring place, in any manner, by placing on the banks a stake, pole or anchor, or any other mooring device on the property of the city, or in the creek itself within such area.

(Ord. No. 4422-92)

Sec. 11-16. - Storing, painting and repairing watercraft upon the public beaches and shore lines of the city.

Except as otherwise provided by law, it shall be unlawful for any person to place, store or draw upon the public beaches and shore lines of the city any watercraft for painting, repairing, maintenance or storage.

(Ord. No. 4422-92)

Sec. 11-17. - Use of public pier or dock by motor vehicles.

(a)

It shall be unlawful for any person to drive or park a motor vehicle on any public pier or dock except those designated for such and only during the actual loading or unloading of cargo.

(b)

Any person violating any provision of this section shall be guilty of a Class 3 misdemeanor.

(Ord. No. 4422-92)

Sec. 11-18. - Diving or jumping off piers.

It shall be unlawful for any person to use any city pier, dock or bulkhead for the purpose of diving or jumping into the water surrounding such facility, where signs are placed on such facility, in conspicuous places, warning all persons that use of the facility for diving or jumping into the water is prohibited.

(Ord. No. 4422-92)

Sec. 11-19. - Deposit of injurious material in or on harbors or yacht basin.

(a)

It shall be unlawful for any person to deposit, or cause or permit to be deposited, in any of the waters of the Deep Creek Harbor, the Newport News Seafood Industrial Park harbor or the Roy Peterson Yacht Basin, or along the shores thereof, or any of the streams or ditches emptying therein, or any of the land adjacent or contiguous thereto, any refuse, offal, debris, waste matter or other substance or material, whether earth, oil, liquid, animal, fish or vegetable matter, or other matter that may injuriously affect the sanitary, clean and safe condition of the water in either such harbor or the yacht basin, or diminish the depth thereof.

(b)

Any person violating any provision of this section shall be guilty of a Class 3 misdemeanor.

(Ord. No. 4422-92)

Sec. 11-20. - Floating loose timber or logs in harbors.

(a)

It shall be unlawful for any person to float loose timber or logs in the waters of the Newport News Seafood Industrial Park Harbor or Deep Creek Harbor.

(b)

Any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.

(Ord. No. 4422-92)

Sec. 11-21. - Use of public pier for commercial purposes prohibited; exceptions.

(a)

It shall be unlawful for any person to use any public pier, bulkhead, the I-664 wavescreen or public dock for any commercial purpose except as hereinafter provided.

(b)

There is hereby excepted from the prohibition set forth above, all commercial activity authorized by any lease or other agreement from the city for the use of the property concerned, all commercial activity carried on as part of a recreational or cultural event sponsored or approved by the city, and the purchase of seafood products on the Deep Creek Pier provided the purchaser of the seafood products pays to the city a fee for the use of the pier at the rate of one dollar ($1.00) per bushel of seafood product purchased.

(c)

Commercial activities and purposes shall mean the sale, lease, exchange or barter of goods or services.

(d)

Any person violating this section shall be guilty of a Class 3 misdemeanor.

(Ord. No. 4422-92)

Sec. 11-22. - Fishing and crabbing prohibited.

It shall be unlawful for any person to fish or crab in any of the waters referred to in Article II, Article III and Article IV of this chapter where such prohibition is so posted.

(Ord. No. 4422-92)

Sec. 11-23. - Violation of No Wake Zone.

It shall be unlawful for any person to operate any watercraft so as to create a wake in those areas of the waters that have been posted as "NO WAKE" areas or zones.

(Ord. No. 4422-92; Ord. No. 4775-95)

Sec. 11-24. - Sinking of watercraft in harbor; marking and removal of sunken watercraft.

(a)

It shall be unlawful and a Class 1 misdemeanor for any person to sink or abandon, or permit or cause to be sunk or abandoned, any vessel, barge, scow or other craft in any waters within or adjoining the city, or to float loose timbers, logs or other debris therein.

(b)

Whenever a vessel or other watercraft is sunk in such waters, accidentally or otherwise, it shall be the duty of both the owner and the operator of such sunken watercraft to immediately mark such sunken watercraft with a buoy and, at night, with approved lights, and to maintain such marks until the sunken watercraft is removed. It shall be the duty of both the owner and the operator of such sunken watercraft to commence the immediate removal of the same and to diligently prosecute such removal.

(c)

It shall be unlawful for either the owner or operator of a sunken watercraft to fail or refuse to immediately mark, and upon notification to remove or re-float the sunken craft, within ten (10) calendar days of notification.

(d)

Except as otherwise provided herein, any person violating the provisions of this section shall be guilty of a Class 3 misdemeanor.

(Ord. No. 4422-92; Ord. No. 5038-97, § 1)

Sec. 11-25. - Unlawful to maintain a domicile in a moored or anchored watercraft; exception.

(a)

Except as otherwise provided in this section, it shall be unlawful to maintain a domicile in or on watercraft moored or anchored in the tidal waters within the City of Newport News.

(b)

Watercraft moored or anchored within Leeward Marina may be used as a domicile so long as there exists a valid lease with the city to do so.

(Ord. No. 4422-92)

Sec. 11-26. - Unlawful to store private property on public property.

Except as otherwise provided in this chapter with reference to the Newport News Seafood Industrial Park, it shall be unlawful for any person to store private property on city owned or operated docks, mooring areas, marinas and lands adjacent thereto unless such property is stored in an area designated by the city for such purpose.

(Ord. No. 4422-92)

Sec. 11-27. - Watercraft required to be sound, seaworthy and operational.

It shall be unlawful to moor or raft watercraft to city owned piers, bulkheads, docks or other property unless said watercraft is sound, seaworthy and fully operational, unless such mooring or rafting is specifically allowed by ordinance or resolution.

(Ord. No. 4422-92)

Sec. 11-28. - Removal, disposal or repair of abandoned vessels; docks, wharves, piers, pilings, bulkheads or other structures or vessels, which are hazardous or obstructions.

(a)

Whenever the director of the department of parks and recreation, or the port development administrator, or their designees or successors, shall be of the opinion that any vessel has been abandoned, or that any dock, wharf, pier, piling, bulkhead or other structure or vessel might endanger the public health or safety of persons, or might constitute a hazard or obstruction to the lawful use of the waters within or adjoining the city, he shall cause a written notice to be mailed by certified mail or delivered to the owner of such dock, wharf, pier, piling, bulkhead or other structure or vessel, directing the owner to remove, repair, dispose of or secure such property within the time specified in such notice. Any such owner who shall fail to remove, repair, dispose of or secure such property within the time specified in such notice shall be guilty of a Class 1 misdemeanor. Each day's default in the removal, repair, disposal or securing shall constitute a separate offense. In addition, a judge hearing the case may order the owner to remove, repair, dispose of or secure the dock, wharf, pier, piling, bulkhead or other structure or vessel.

(b)

If the owner fails to remove, repair, dispose or secure such dock, wharf, pier, piling, bulkhead or other structure or vessel within the time specified in the notice given pursuant to this section, the director of the department of parks and recreation or the port development administrator, or their designees or successors, may remove, repair, dispose of or secure such property at the expense of the owner, and the expense shall be chargeable to and paid by the owner of such property or the owner of the property to which any dock, wharf, pier, piling, bulkhead or other structure, hereinafter referred to as "hazard" is attached. Such expense shall be a lien upon such property that was removed, repaired, disposed of or secured, and upon any parcel of land of which the hazard is a part or to which the hazard is affixed or from which it was removed, and upon the owner's other real property in the city, until paid. Such expense shall be reported by the director of the department of parks and recreation or the port development administrator, or their designees or successors, to the city treasurer, who shall collect the same in the manner in which city taxes levied upon real estate are authorized to be collected. Such lien shall be recorded in the judgment lien docket book in the circuit court of the city, and may also be reduced to a personal judgment against the owner and collected as otherwise provided by law.

(c)

If the identity or whereabouts of the lawful owner is unknown or not able to be ascertained after a reasonable search and the above referenced notice has been made to the last known address of any known lawful owner, the director of department of parks and recreation or the port development administrator, or their designees or successors, may cause repairs to be made to such wharf, pier, piling, bulkhead or other structure or vessel, or cause same to be removed and disposed of after giving notice of such repair or removal in a newspaper of general circulation in Newport News, Virginia. In the event the director of the department of parks and recreation or the port development administrator, or their designees or successors, causes the removal, repair or security of any such wharf, pier, piling, bulkhead or other structure or vessel after complying with the notice provisions of this section, such expense shall be a lien upon such property that was removed, repaired, disposed of or secured, and upon any parcel of land of which the hazard is a part or to which the hazard is affixed or from which it was removed, and upon the owner's other real property in the city, until paid. Such expense shall be reported by the director of the department of parks and recreation or the port development administrator, or their designees or successors, to the city treasurer, who shall collect the same in the manner in which city taxes levied upon real estate are authorized to be collected. Such lien shall be recorded in the judgment lien docket book in the circuit court of the city, and may also be reduced to a personal judgment against the owner and collected as otherwise provided by law.

(Ord. No. 5038-97, § 1)