GENERAL ASSEMBLY OF NORTH CAROLINA

1985 SESSION

 

 

CHAPTER 875

SENATE BILL 941

 

AN ACT TO PERMIT THE COUNTY OF CURRITUCK TO REGULATE MOTOR VEHICLES OPERATION ON PUBLIC BEACHES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 153A of the General Statutes is amended by adding a new section to read:

"§ 153A-139.1. Regulation of motor vehicles at beaches.-(a) A county may by ordinance regulate, restrict, and prohibit the use of dune or beach buggies, jeeps, motorcycles, cars, trucks, or any other form of power-driven vehicle specified by the governing body of the county on the foreshore, beach strand, and the barrier dune system. Violation of any ordinance adopted by the governing body pursuant to this section is a misdemeanor, punishable by a fine of not more than fifty dollars ($50.00), or by imprisonment for not more than 30 days, or both in the discretion of the court.

(b)       A county shall not prohibit the use of the specified vehicles from the foreshore, beach strand, and the barrier dune system by commercial fishermen for commercial activities. Commercial fishermen, however, shall abide by all other regulations or restrictions duly enacted by counties pursuant to this section.

(c)       Notwithstanding G.S. 153A-122, a city may not take any action to limit the applicability of any ordinance adopted pursuant to this section on land within the county that is also within the city limits."

Sec. 2.  This act applies to Currituck County only.

Sec. 3.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 3rd day of July, 1986.