The notice of public hearing was published in the Tidewater News on June 5 and June 12, 2016 as required by law.

Transcription

1 SOUTHAMPTON COUNTY BOARD OF SUPERVISORS Regular Session i June 27, C. PUBLIC HEARING ORDINANCE AMENDMENT NO WAKE ZONES ON THE NOTTOWAY RIVER EAST OF THE GENERAL VAUGHAN BRIDGE This public hearing is held pursuant to Section of the Code of Virginia, 1950, as amended, to consider an ordinance amending and re-ordaining Section of the Southampton County Code, specifically as it relates to no-wake zones on the Nottoway River east of the General Vaughan Bridge at Smiths Ferry landing. The proposed ordinance would extend an existing no-wake zone by a distance of 1,000 linear feet and then combine it with another existing no-wake zone. The proposed combined no-wake zone would commence 2,800 linear feet east of the General Vaughan Bridge at Smith Ferry Landing and proceed in a southerly direction a distance of 3,650 linear feet. The notice of public hearing was published in the Tidewater News on June 5 and June 12, 2016 as required by law. After conclusion of the public hearing, the Board of Supervisors will consider the comments offered this evening and will proceed to approve, deny or defer action on the proposed ordinance. MOTION REQUIRED: If the Board is so inclined, a motion is required to approve the attached ordinance.

2 AN ORDINANCE TO AMEND AND REORDAIN SECTION OF THE SOUTHAMPTON COUNTY CODE, 1991, REVISING SUBDIVISION (E), REPEALING SUBDIVISION (F), AND RENUMBERING FORMER SUBDIVISIONS (G) AND (H) AS NEW SUBDIVISIONS (F) AND (G) BE IT ORDAINED by the Board of Supervisors of Southampton County, Virginia that the Southampton County Code be, and hereby is amended and reordained so as to revise subdivision (e), repeal subdivision (f), and renumber former subdivisions (g) and (h) as new subdivisions (f) and (g), and reading as follows: Section No wake zone established. (a) There is hereby established for a distance of three hundred (300) feet east of and three hundred (300) feet west of the public boat landing constructed near General Vaughan Bridge on the Nottoway River a no wake zone. (b) There is hereby established a no wake zone for a distance of four hundred (400) yards north of and three hundred (300) yards south of the boat landing/marina at the Dockside area of the county. (c) There is hereby established for a distance of three hundred (300) feet north of and three hundred (300) feet south of the boat landing constructed behind the Bronco Rod and Gun Club on the Nottoway River a no wake zone. (d) There is hereby established on the Nottoway River a no wake zone commencing two thousand five hundred (2,500) linear feet west of the General Vaughan Bridge and proceeding in a westerly direction a distance of nine hundred (900) linear feet past a bend in the river. (e) There is hereby established on the Nottoway River a no wake zone commencing two thousand eight hundred (2,800) linear feet east of the General Vaughan Bridge at Smiths Ferry landing and proceeding in a southerly direction a distance of one three thousand six hundred fifty (1,600) (3,650) linear feet. (f) There is hereby established on the Nottoway River a no wake zone commencing five thousand four hundred (5,400) linear feet east of the General Vaughan Bridge and proceeding in a southerly direction one thousand fifty (1,050) linear feet. (g) (f) There is hereby established on the Nottoway River a no wake zone commencing near Checkerboard Corner at a point identified as latitude 36 37' ", longitude 76 59' " and proceeding in a southerly direction approximately 0.49 miles to a point identified as latitude 36 37' " longitude 76 59' ".

3 (h) (g) Any person convicted of a violation of this section shall be punished by a fine of not more than fifty dollars ($50.00). A copy teste:, Clerk Southampton County Board of Supervisors Adopted : June 27, 2016

4 Zone (a) Zone (e) EXISTING NO WAKE ZONES EAST OF VAUGHAN S BRIDGE BOAT LANDING VAUGHANS BRIDGE Zone (f) Zone (b) DOCKSIDE NOTTOWAY SHORES

5 New Zone (e) Zone (a) PROPOSED NO WAKE ZONES EAST OF VAUGHAN S BRIDGE BOAT LANDING VAUGHANS BRIDGE Zone (f) Zone (b) DOCKSIDE NOTTOWAY SHORES

6 Southampton County Code May 2016 Sec No wake zone established. (a) (b) (c) (d) (e) (f) (g) (h) There is hereby establi shed for a distance of three hundred (300) feet east of and three hundred (300) feet west of the public boat landing constructed near General Vaughan Bridge on the Nottoway River a no wake zone. There is hereby established a no wake zone for a distance of four hundred (400) yards north of and three hundred (300) yards south of the boat landing/marina at the Dockside area of the county. There is hereby established for a distance of three hundred (300) feet north of and three hundred (300) feet south of the boat landing constructed behind the Bronco Rod and Gun Club on the Nottoway River a no wake zone. There is hereby established on the Nottoway River a no wake zone commencing two thousand five hundred (2,500) linear feet west of the General Vaughan Bridge and proceeding in a westerly direction a distance of nine hundred (900) linear feet past a bend in the river. There is hereby established on the Nottoway River a no wake zone commencing two thousand five hundred (2,500) linear feet east of the General Vaughan Bridge at Smiths Ferry landing and proceeding in a southerly direction a distance of one thousand six hundred (1,600) linear feet. There is hereby established on the Nottoway River a no wake zone commencing five thousand four hundred (5.400) linear feet east of the General Vaughan Bridge and proceeding in a southerly direction one thousand fifty (1,050) linear feet. There is hereby established on the Nottoway River a no wake zone commencing near Checkerboard Corner at a point identified as latitude 36 37' ", longitude 76 59' " and proceeding in a southerly direction approximately 0.49 miles to a point identified as latitude 36 37' " longitude 76 59' ". Any person convicted of a violation of this section shall be punished by a fine of not more than fifty dollars ($50.00). (Ord. of , , 11-87; Ord. of ; Ord. of (1); Ord. of )

7 Code of Virginia Title Game, Inland Fisheries and Boating Chapter 7. Boating Laws Local regulation; application for placement or removal of "no wake" buoys, etc. A. Any political subdivision of this Commonwealth may, at any time, but only after public notice, formally apply to the Board for special rules and regulations with reference to the safe and reasonable operation of vessels on any water within its territorial limits and shall specify in the application the reasons which make the special rules or regulations necessary or appropriate. B. The Board is authorized upon application by a political subdivision or its own motion to make special or general rules and regulations with reference to the safe and reasonable operation of vessels on any waters,,~thin the territorial limits of any political subdivision of this Commonwealth. Without limiting the generality of the grant of such power, a system of regulatory or navigational markers may be adopted by the Board. Nothing in this section shall be construed to affect the application of any general law concerning the tidal,, aters of this Common,, ealth. C. Any county, city or town of this Commonwealth may enact ordinances which parallel general law regulating the operation of vessels on any waters within its territorial limits, including the marginal adjacent ocean, and the conduct and acth-ity of any person using such waters. The locality may also provide for enforcement and penalties for the violation of the ordinances, provided the penalties do not exceed the penalties provided in this chapter for similar offenses. D. After notice to the Department, any county, city or town may, by ordinance, establish "no wake" zones along the waterways within the locality in order to protect public safety and prewnt erosion damage to adjacent property. However, any county that is adjacent to an inland lake (i) more than 500 feet above sea level and (ii) of 20,000 acres or more and wholly located within the Commonwealth may, by ordinance, establish "no wake" zones along such lake within the locality in order to protect public safety or prevent erosion damage to adjacent property. The markers and buoys designating a no wake zone shall conform to the requirements established by the Board. Any marker or buoy which is not placed in conformance "ith the regulations of the Board or which is not properly maintained shall be removed by the locality. The locality may provide for enforcement and penalties for the violation of the ordinance. E. Any person who desires to place or remove "no wake" buoys or other markers relating to the safe and efficient operation of vessels pursuant to any local ordinance shall apply to the local go\'erning body. The local governing body shall approve, disapprove or approve with modifications the application and forward it to the Director, who shall approve, disapprove or approve with modifications within thirty days the placement and type of marker to be used or the removal of "no wake" buoys or other markers. The cost of the purchase and placement or the removal of the buoys or markers shall be borne by the person requesting the placement or removal of the buoys or markers. Any marker or buoy which is not placed in conformance with the regulations of the Board or which is not properly maintained may be removed by the Department. "No wake" buoys or other markers placed prior to Jul~' 1, 2001, shall only be

8 removed when no longer required for the safe and efficient operation of vessels pursuant to any local ordinance. 1960, c. 500, ; 1964, cc. 346, 654; 1968, c. 659, ; 1978, c. 598; 1982, C. 232; 1987, c. 488; 1997, c. 522; 1999, c. 489; 2001, c. 649.