<div class="chunk-title">Sec. 10-64. - User permit system.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               This section shall be applicable for those areas of Currituck County, including, but
               not limited to, the beach strand and foreshore areas, located from the Dare/Currituck
               line to the North Carolina/Virginia line.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               County residents and property owners desiring to operate a moped, motorcycle or off-road
               vehicles, including but not limited to, all-terrain vehicle, utility vehicle, recreational
               off-highway vehicle, multipurpose off-highway utility vehicle, utility terrain vehicle,
               side-by-side vehicle, or other off-road vehicle, ("ORV"), on the areas covered by
               this section shall obtain a user permit from the county manager or county manager's
               designated representative. User permits may be obtained at times and places designated
               by the county manager.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               Any person parking a motor vehicle, other than a moped, motorcycle or ORV, on the
               area covered by this section from the last Saturday in April to the first Saturday
               in October shall have first obtained from the county manager or county manager's designated
               representative a user parking permit which must be prominently displayed when parking
               on the area covered by this section. User parking permits may be obtained at times
               and places designated by the county manager.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               County residents may obtain for no fee two annual user permits for operation of a
               moped, motorcycle or ORV owned by them upon making application as provided in subsection
               (b) above and upon showing proof of liability insurance and ownership for the moped,
               motorcycle or ORV. Non-resident property owners may obtain at no fee a maximum of
               two annual user permits for operation of a moped, motorcycle or ORV owned by them
               upon making application as provided in subsection (b) above and showing proof of liability
               insurance and ownership for the moped, motorcycle or ORV. Liability insurance coverage
               on the moped, motorcycle or ORV shall be maintained continuously throughout the term
               of the user permit.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               County residents and non-resident property owners shall prominently display a county
               issued and designated user parking permit at all times when parking a motor vehicle,
               other than a moped, motorcycle or ORV, on the area covered by this section Liability
               insurance on the motor vehicle shall be maintained continuously throughout the term
               of the permit.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               Persons who own a dwelling north of the North Beach Access Ramp may obtain for no
               fee two additional user parking permits assigned to the physical address of their
               dwelling for terms adopted by the board of commissioners upon making application in
               subsection (b) above and showing proof of ownership.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               Persons other than county-residents and non-resident property owners may obtain a
               user parking permit for a motor vehicle, other than a moped, motorcycle or ORV, upon
               payment of a fee and for a term adopted by the board of commissioners, making application
               as provided in paragraph (b) of this section, and acknowledgement that they have read
               and are familiar with county beach driving ordinances. Liability insurance on the
               motor vehicle shall be maintained continuously throughout the term of the user parking
               permit.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               County residents and property owners, operating mopeds, motorcycles or ORVs shall
               ensure that these vehicles have a valid permit prominently displayed at all times
               while operating, or parked, on the Currituck County outer banks, beach foreshore or
               beach strand.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               Any sworn law enforcement officer with jurisdiction is authorized to take possession
               of any user permit or user beach parking permit issued pursuant to this section upon
               expiration, revocation, cancellation, or suspension thereof, or which is fictitious,
               or which has been unlawfully or erroneously issued, which has been unlawfully used
               or upon issuance of citation for violation of <a href="" data-chunk-id="COOR_CH10PARE_ARTIIBE_DIV2VEHOOUBA_S10-59CADRDR" class="section-link" data-product-id="12419">section 10-59</a> of this Code, or which has been sold, conveyed, or leased to another individual who
               did not receive the permit lawfully pursuant to this section. Any law enforcement
               officer who seizes a user permit or user parking permit pursuant to this section shall
               report the seizure to the county manager's office within 48 hours of the seizure and
               shall return the permit to the county manager's office within seven business days
               of the seizure unless the permit is deemed evidence in another pending matter.
               </p>
            		
            <p class="incr0">
               (j)
               </p>
            		
            <p class="content1">
               The county manager or county manager's designee shall refuse issuance of a user permit
               or user parking permit under this section for a period of one year following seizure
               of a permit by a law enforcement officer pursuant to this section.
               </p>
            		
            <p class="incr0">
               (k)
               </p>
            		
            <p class="content1">
               An appeal of seizure of a user permit or user parking permit under this section shall
               be made to the county manager by filing a written notice of appeal, specifying with
               particularity the grounds upon which the appeal is made, no later than ten days from
               the date of the seizure. The county manager or county manager's designee shall fix
               a reasonable time for the hearing of the appeal, shall give due notice to all parties
               and shall render a decision within a reasonable time.
               </p>
            		
            <p class="incr0">
               (l)
               </p>
            		
            <p class="content1">
               The county manager is directed and authorized to establish forms, procedures, and
               directives as may be required to implement this permit system and ensure that it is
               run in an effective, safe, and fair manner.
               </p>
            		
            <p class="incr0">
               (m)
               </p>
            		
            <p class="content1">
               This section shall not apply to:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Activity under a Coastal Area Management Act (CAMA) permit requiring access to the
               beach and authorized by the county permitting officer;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               County employees, county contractors, county vehicles or emergency vehicles or drivers
               of such vehicles, which may be required to enter upon the beach in the performance
               of their official duties or a governmental agency, its employees, agents, contractors
               and subcontractors and their motor vehicles when engaged in beach restoration or protection
               work or conducting scientific research or animal preservation studies or operations;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Commercial fishermen;
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Hunters possessing valid hunting licenses while engaged in an active hunt or state
               or federal property located on the Currituck outer banks; or
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Outdoor tour operators with a valid license issued under article IV, <a href="" data-chunk-id="COOR_CH8LIBURE" class="section-link" data-product-id="12419">chapter 8</a> of this Code when actively engaged in an outdoor tour.
               </p>
            		
            <p class="incr0">
               (n)
               </p>
            		
            <p class="content1">
               Violation of section. A violation of this section shall be a civil violation subjecting
               the offender to a civil penalty in the amount of $100.00 and shall constitute infraction
               enforceable under G.S. Â§ 14-4.
               </p>
            		
            <p class="historynote0">
               (Ord. of 4-6-98, Â§ 7; Ord. of 10-19-98; Ord. of 7-3-00; Ord. of 6-16-14(2), pt. I;
               Ord. of 6-6-15, pt. I; Ord. of 2-1-16, pt. I; Ord. of 11-20-17, pt. IV; Ord. of 3-5-18,
               pt. I; Ord. of 5-21-18(1), pt. I; Ord. of 1-22-19, pt. I; Ord. of 4-4-22, pt. I; Ord.
               of 5-16-22(1), pt. I; Ord. of 8-15-22(2), pt. I; Ord. of 11-6-23, pt. I; Ord. of 5-20-24(3),
               pt. I)
               </p></div>