[HISTORY: Adopted by the Board of Supervisors
of Mathews County as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-23-1991; amended 4-27-1999]
The governing body of Mathews County adopts
this article pursuant to the authority granted in § 29.1-744
of the Code of Virginia, 1950, as amended.
The governing body of Mathews County deems enactment
of this article necessary in order to preserve the health, safety
and welfare of the citizens of Mathews County and specifically to
provide for and ensure the safe and reasonable operation of vessels
and to reduce the risk of collision, personal injury and property
damage as a result of wakes created by the operation of vessels on
the waterways of Mathews County, Virginia.
As used in this article, the following terms
shall have the meanings indicated:
A wake, swell, wave wash or displacement wave in excess of
18 inches in height or one that, due to the nature of the surrounding
area, may cause or potentially cause damage.
Any vessel propelled by machinery, whether or not the machinery
is the principal source of propulsion.
[1]The charts published by the United States Department of Commerce,
National Oceanic and Atmospheric Administration, that are available
to the public for navigational use.
Operation of a vessel at the slowest possible speed required
to maintain steerage and headway.
To navigate, cause to be propelled or otherwise control the
use of a vessel as herein defined.
Those persons physically located upon a vessel at the time
of a violation who do not participate in the navigation or propelling
or otherwise control the use of a vessel.
Any human save and except law enforcement officers acting
in the lawful discharge of their duties to the extent that their actions
might or would otherwise constitute a violation of this article.
An area of a body of water or waterway defined by the governing
body of Mathews County as falling within the purview of this article.
Watercraft of every description used or capable of being
used as a means of transportation on the water, including but not
limited to motorboats, but excepting sea planes.
A.
A no wake area shall be established in Milford Haven
in an area beginning at Light No. 3, which beacon is located at the
western entrance of the Narrows, thence easterly through the Narrows
over the waters of Milford Haven to a point 100 yards east of Light
No. 6, which light is south of Callis Wharf, which is referenced on
Nautical Chart No. 12235.
B.
A no damaging wake area shall be established in Milford
Haven in an area beginning at a point 100 yards east of Light No.
6, which light is south of Callis Wharf, thence easterly over the
waters of Milford Haven to Day Beacon No. 8, which is referenced on
Nautical Chart No. 12235.
C.
A no damaging wake area shall be established in Cobbs
Creek beginning at Day Beacon No. 2, thence southerly up Cobbs Creek
to the head of said Creek, including its tributaries, which is referenced
in Nautical Chart No. 12235.
D.
A no damaging wake area shall be established in Queens
Creek beginning at the entrance as located by Day Beacon No. 6, thence
proceeding westerly up Queens Creek to the head of said creek, including
tributaries, which is referenced on Nautical Chart No. 12235.
E.
A no damaging wake area shall be established in Stutts
Creek beginning at Day Beacon No. 6, thence proceeding westerly up
Stutts Creek to the head of said creek, including its tributaries,
which is referenced on Nautical Chart No. 12235.
F.
A no damaging wake area shall be established in Horn
Harbor beginning at Day Beacon No. 16, thence proceeding westerly
up Horn Harbor to the head of said creek, including its tributaries,
as referenced on Nautical Chart No. 12238.
G.
A no wake
area shall be established in Callis Creek in an area beginning at
a point 250 yards southeast of the entrance, approximately 37°
28’18.211” N, 76° 17’16.175” W, thence
proceeding northwesterly up Callis Creek to the head of said creek,
including its tributaries.
[Added 10-25-2021]
H.
A no wake
area shall be established in Mill Creek in an area beginning at a
point 200 yards due east of the entrance, approximately 37° 24’2.528”
N, 76° 21’0.539” W, thence proceeding westerly up
Mill Creek to the head of said creek, including its tributaries.
[Added 10-25-2021]
A.
The County Administrator or his/her designated agent
is hereby authorized to post or cause to be posted such signs as required
by this article at such location or locations as are approved by the
Commission of Game and Inland Fisheries, Commonwealth of Virginia.
B.
The County Administrator or his/her designated agent
is hereby authorized to repair or replace damaged, lost or stolen
signs and to remove obsolete signs.
A.
Any person who violates any provision of this article
shall be guilty of a Class 4 misdemeanor for each of such violations
and shall be subject to the penalties for such misdemeanors as defined
in § 18.2-11 of the Code of Virginia, 1950, as amended.
B.
No person shall be convicted of violating this article
unless all of the signs approved by the Commission of Game and Inland
Fisheries, Commonwealth of Virginia, for the area in which the violation
occurs indicating the regulations of this article have been posted
so as to give notice of the same.
Every game warden, Marine Resources Commission
patrol officer and every other law enforcement officer of this state
and its subdivisions and of the United States government shall have
the authority to enforce the provisions of this article and in exercise
thereof shall have the authority to stop any vessel subject to this
article and, after identifying himself/herself in his/her official
capacity, shall have the authority to issue a summons to appear in
the District Court of the County of Mathews or to make an arrest.
