§ 114-26. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned property means wrecked or derelict property having no value other than nominal salvage value, if any, which has been left abandoned and unprotected from the elements and includes wrecked, inoperative or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, plumbing fixtures, furniture or any other similar article which has no value other than nominal salvage value, if any, and which has been left abandoned and unprotected from the elements.

Bulkhead means a soil retaining structure which relies for its stability on the deep embedment of the base of the structure. It is differentiated from a seawall in that a bulkhead is not specifically intended to resist wave attack. It is differentiated from a quaywall by the reliance on deep embedment of the base for stability.

Idle speed/no wake means that a vessel must proceed at a speed no greater than that which will maintain steerageway and headway. At no time is any vessel required to proceed so slowly that the operator is unable to maintain control over the vessel or any other vessel or object that it has under tow.

Motorboat means any vessel propelled or powered by machinery, whether or not such machinery is the principal source of propulsion.

Operate means to be in the actual physical control of a vessel upon the waters of this county or to exercise control over or steer a vessel being towed by another vessel upon the waters of the county.

Owner means a person, other than lienholder, having title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but the term excludes a lessee under a lease not intended as security.

Quaywall means a gravity-type wall used to provide a berthing face for vessels. It may or may not act as a soil retaining structure. It is differentiated from a seawall by its function as a berthing face for vessels.

Revetment means a sloping structure which serves to separate real property and/or any improvements thereon from any natural or manmade body of water.

Sailboat means any vessel whose sole source of propulsion is the natural element (i.e., wind).

Seawall means any solid upright structure except rip-rap which serves to separate real property and/or any improvements thereon from any natural or manmade body of water, with the additional primary purpose of breaking the force of waves and protecting the shore from erosion.

Slow speed/minimum wake means that a vessel must be fully off plane and completely settled into the water. The vessel must then proceed at a speed which is reasonable and prudent under the prevailing circumstances so as to avoid the creation of an excessive wake or other hazardous condition which endangers or is likely to endanger other vessels or other persons using the waterway. At no time is any vessel required to proceed so slowly that the operator is unable to maintain control over the vessel or any other vessel or object that it has under tow. A vessel that is:

(1)

Operating on plane is not proceeding at this speed;

(2)

In the process of coming off plane and settling into the water or coming up onto plane is not proceeding at this speed;

(3)

Operating at a speed that creates a wake which unreasonably or unnecessarily endangers other vessels or other persons using the waterway, or is likely to do so, is not proceeding at this speed;

(4)

Completely off plane and which has fully settled into the water and is proceeding at a reasonable and prudent speed with little or no wake is proceeding at this speed.

Vessel is synonymous with boat as referenced in § 1(b), Art. VII of the State Constitution and shall also include every description of watercraft, barge, airboat, and personal watercraft other than a seaplane on the water, used or capable of being used as a means of transportation on water.

Wake means all changes in the vertical height of the water's surface caused by the passage of a vessel including, but not limited to, a vessel's bow wave, stern wake, and propeller wash.

Water of the county means any body of water within the unincorporated area of the county and bodies of water within those incorporated municipalities having specifically adopted this article upon which vessels are able to travel and includes both privately and publicly owned bodies of water within the county.

(Code 1970, § 2¾-1; Ord. No. 82-22, § 1, 8-31-82; Ord. No. 87-20, § 1, 6-23-87; Ord. No. 88-31, § 1, 11-29-88; Ord. No. 93-04, § 1(2¾-1), 1-26-93; Ord. No. 12-09, § 2, 4-24-12; Ord. No. 19-13, § 4, 3-26-19)

Cross reference

Definitions generally, § 1-2.