[Adopted 7-23-1991; amended 4-27-1999]
The governing body of Mathews County adopts
this article pursuant to the authority granted in § 29.1-744
of the Code of Virginia, 1950, as amended.
The governing body of Mathews County deems enactment
of this article necessary in order to preserve the health, safety
and welfare of the citizens of Mathews County and specifically to
provide for and ensure the safe and reasonable operation of vessels
and to reduce the risk of collision, personal injury and property
damage as a result of wakes created by the operation of vessels on
the waterways of Mathews County, Virginia.
As used in this article, the following terms
shall have the meanings indicated:
DAMAGING WAKE
A wake, swell, wave wash or displacement wave in excess of
18 inches in height or one that, due to the nature of the surrounding
area, may cause or potentially cause damage.
MOTORBOAT
Any vessel propelled by machinery, whether or not the machinery
is the principal source of propulsion.
NAUTICAL CHART
The charts published by the United States Department of Commerce,
National Oceanic and Atmospheric Administration, that are available
to the public for navigational use.
NO WAKE
Operation of a vessel at the slowest possible speed required
to maintain steerage and headway.
OPERATE
To navigate, cause to be propelled or otherwise control the
use of a vessel as herein defined.
PASSENGERS
Those persons physically located upon a vessel at the time
of a violation who do not participate in the navigation or propelling
or otherwise control the use of a vessel.
PERSON
Any human save and except law enforcement officers acting
in the lawful discharge of their duties to the extent that their actions
might or would otherwise constitute a violation of this article.
SPECIFIED AREA
An area of a body of water or waterway defined by the governing
body of Mathews County as falling within the purview of this article.
VESSEL
Watercraft of every description used or capable of being
used as a means of transportation on the water, including but not
limited to motorboats, but excepting sea planes.
Every game warden, Marine Resources Commission
patrol officer and every other law enforcement officer of this state
and its subdivisions and of the United States government shall have
the authority to enforce the provisions of this article and in exercise
thereof shall have the authority to stop any vessel subject to this
article and, after identifying himself/herself in his/her official
capacity, shall have the authority to issue a summons to appear in
the District Court of the County of Mathews or to make an arrest.