[HISTORY: Adopted by the Town Council of
the Town of Fenwick Island 7-19-1958 by Ord. No. 14; amended in its entirety
12-11-2009. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Beaches — See Ch. 52.
For the purpose of this chapter, the following definitions shall
be applicable unless the context clearly indicates to the contrary:
- PERSONAL WATERCRAFT
- Any Class A inboard vessel (less than 16 feet in length), as defined by the United States Coast Guard, which uses either an internal combustion engine powering a water jet-pump or a propeller as its primary source of propulsion and which is designed to be operated either by a person or persons sitting, standing or kneeling on the vessel.
- STEERAGE WAY
- The minimum speed necessary to maintain steerage and control of a personal watercraft while such personal watercraft is moving.
A.
No
person shall mark, designate or use a watercourse within a distance
of 600 feet of any beach, bank or bulkhead within the corporate limits
of the Town of Fenwick Island for the purposes of defining and limiting
operation of personal watercraft or any other power vessel.
B.
No
person shall operate a motor-propelled boat within the waterways of
the limits of the Town of Fenwick Island, Delaware, in any of the
following manners:
(1)
In an unreasonable and reckless disregard for the safety of persons
or property;
(2)
At a speed greater than is reasonable and prudent under the conditions
and having regard to the actual and potential hazards then existing;
(3)
At a speed greater than steerage way or that which creates a wake
in any lagoon/canal; or
(4)
By failing to follow the rules for motor-propelled boats, as established
by the U.S. Coast Guard and Delaware state law governing boating laws
and responsibilities.
A.
Any
boat operator found guilty of violating this chapter shall, upon conviction
thereof, be subjected to a fine of $100 for each offense.
B.
Any person or other legal entity that is the owner of a personal watercraft or has charge or control over a personal watercraft shall be subject to the same penalty specified in Subsection A each time another person is directed and/or allowed to operate such watercraft in violation of any provision of this chapter.
