§ 114-46. Operation of vessels, water skis, seaplanes, aquaplanes creating nuisance.

(a)

No person shall operate a vessel, water skis, seaplane, aquaplane or similar device in a manner so as to create a nuisance upon the waters of the county.

(b)

For purposes of this article, a rebuttable presumption of nuisance shall be established upon a finding that one or more of the following circumstances is caused by or occurring as a result of the operation of such vessel, water ski, seaplane, aquaplane or similar device on the waters of the county:

(1)

Noise levels, as measured at adjacent shorelines, which exceed the maximum dBAs for each district as more specifically set forth in chapter 66, article IV, division 2 of this Code;

(2)

Unreasonable interference with the rights of residents, riparian owners or the public in general for use of the water body for fishing, swimming, skiing and boating;

(3)

Erosion of the beach or shoreline caused by the activity;

(4)

Damage to a person or real property;

(5)

Physical danger to the users of the water body caused by negligent, reckless or careless operation of the vessel, water skis, seaplanes, aquaplanes or similar devices; or

(6)

Significant destruction, harm or deterioration of environmentally sensitive lands.

(c)

This section is enforceable through chapter 2, article V, division 4, pertaining to the county code enforcement board ordinance.

(Code 1970, § 2¾-19; Ord. No. 88-20, §§ 1—4, 7-19-88; Ord. No. 93-04, § 19(2¾-19), 1-26-93)