Explanation
Background:
This ordinance will repeal and replace Chapter 921 of the Columbus City Codes. The replacement codes were created to bring existing code up to date and to establish a compromise on many items with the Ohio Department of Natural Resources, Division of Watercraft in order to bring the Columbus waterway codes into closer definition to State laws, while still maintaining local regulations in areas that are unique to the Columbus area and respective reservoirs and waterways. The joint committee represented from Recreation and Parks Department, Division of Water and the Division of Police have worked with the Waterways Safety Committee, an advisory group to the City of Columbus, for two years including open public meetings and input from many waterways constituent groups to establish these changes.
Fiscal Impact: N/A
Title
To repeal and replace Chapter 921 of the Columbus City Codes to bring waterway codes up to date and to bring City of Columbus codes into closer compatibility with State waterway codes.
Body
WHEREAS, it is necessary to repeal and replace Chapter 921 of the Columbus City Codes to reflect changes that bring this chapter into closer matching to State of Ohio waterways code, though retaining some codes that are unique to the Columbus area; Now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Chapter 921 of the Columbus City Codes be repealed and replaced to read as follows:
WATERCRAFT ON RESERVOIRS
921.01 Definitions.
As used in this chapter:
(1) "Canoe" means a narrow vessel of shallow draft pointed at both ends and propelled by human muscular effort and includes kayaks.
(2) "City-controlled" includes all City owned land, including but not limited to leases, easements and other legal agreements and all waters within the territorial limits of the City of Columbus or bounded by city owned lands.
(3) "Coast guard approved," means bearing an approval number assigned by the United States coast guard.
(4) "Contiguous property" shall mean lands owned by persons upstream from the dams which have a common boundary line with reservoir lands but not including abutting property separated from the reservoir by a right of way dedicated for public use.
(5) "Director, Auditor, Treasurer" shall mean the duly appointed officers of the City acting in their official capacity or through their deputies or employees legally authorized to act in their stead.
(6) "Diver's flag" means a red flag not less than one foot square having a diagonal white stripe extending from the masthead to the opposite lower corner that when displayed indicates that divers are in the water.
(7) "Dock" means a structure or platform designed to provide access to or an area to secure watercraft. Boat docking facility means any facility supporting watercraft and designated by the Director of Recreation and Parks, which excludes private permitted dock structures.
(8) "Idle speed" means the slowest possible speed needed to maintain steerage or maneuverability.
(9) "Immediate family" mean those family members residing within the same household.
(10) "Income taxpayer" means a taxpayer of the Columbus City Income Tax for the year preceding the issuance of any license, slip rental permit or private dock lease.
(11) "Inflatable watercraft" means any vessel constructed of rubber, canvas, or other material that is designed to be inflated with any gaseous substance, constructed with two or more air cells, and operated as a vessel. Inflatable watercraft propelled by a motor shall be classified as powercraft and shall be registered by length. Inflatable watercraft propelled by a sail shall be classified as a sailboat and shall be registered by length. Excludes any contrivances that do not bear a Hull Identification Number (HIN) recognized by the United States Coast Guard.
(12) "In operation" in reference to a vessel means that the vessel is being navigated or otherwise used on the waterways of this city.
(13) "Law enforcement vessel" means any vessel used in law enforcement and under the command of a law enforcement officer.
(14) "Muffler" means an acoustical suppression device or system that is designed and installed to abate the sound of exhaust gases emitted from an internal combustion engine and that prevents excessive or unusual noise.
(15) "Navigable waters," means waters which come under the jurisdiction of the Department of the Army of the United States and any waterways within or adjacent to this state, except inland lakes having neither a navigable inlet nor outlet.
(16) "No wake" has the same meaning as "idle speed."
(17) "Operator" includes any person, who navigates or has under his control a vessel, or vessel and detachable motor, on waterways of this city.
(18) "Ordinary High Water Mark" means the line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.
(19) "Owner" includes any person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein that entitled the person to that possession.
(20) "Pedal boat," means any watercraft designed to be propelled by pedals only through human muscular effort.
(21) "Person" includes any legal entity defined as a person in 1.59 of the Revised Code and any body politic, except the United States and this state, and includes any agent, trustee executor, receiver, assignee, or other representative thereof.
(22) Personal watercraft" means a vessel, less than sixteen feet in length, that is propelled by machinery and designed to be operated by an individual sitting, standing, or kneeling on the vessel rather than by an individual sitting or standing inside the vessel.
(23) "Powercraft" means any vessel propelled by machinery, fuel, rockets, or similar device.
(24) "Reservoirs" shall mean the O'Shaughnessy, Griggs and Hoover water supply storage reservoir, and all adjacent city lands, unless specifically designated otherwise, from the dams upstream to the further most upstream extent of City-owned shores of the streams feeding into the reservoirs.
(25) "Resident" shall mean a bona fide resident or registered voter of the City.
(26) "Rowboat" means any vessel designed to be rowed and that is propelled by human muscular effort by oars or paddles and upon which no mechanical propulsion device, electric motor, internal combustion engine, or sail has been affixed, or is used for the operation of such vessel.
(27) "Sailboat" means any vessel, equipped with mast and sails, dependent upon the wind to propel it in the normal course of operation.
(a) Any sailboat equipped with an inboard engine is deemed a powercraft with auxiliary sail.
(b) Any sailboat equipped with detachable motor is deemed a sailboat with auxiliary power.
(c) Any sailboat being propelled by mechanical power, whether under sail or not, is deemed a powercraft and subject to all laws and rules governing powercraft operation.
(28) "Sewage" means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body waste.
(29) "South Side Scioto River Park" means the area bounded downstream by the spillway at Greenlawn Avenue and upstream a distance of one and one-quarter statute miles.
(30) "Type one personal flotation device" means a device which is designed to turn an unconscious person floating in water from a face downward position to a vertical or slightly face upward position, and that has at least nine kilograms, approximately twenty pounds, of buoyancy.
(31) "Type two personal flotation device" means a device which is designed to turn an unconscious person in the water from a face downward position to a vertical or slightly face upward position and that has at least seven kilograms, approximately fifteen and four-tenths pounds, of buoyancy.
(32) "Type three personal flotation device" means a device which is designed to keep a conscious person in a vertical or slightly face upward position and that has at least seven kilograms, approximately fifteen and four-tenths pounds of buoyancy.
(33) "Type four personal flotation device," means a device that has at least seven and five-tenths kilograms, approximately sixteen and five-tenths pounds, of buoyancy, and designed to be thrown to a person in the water and not worn.
(34) "Type five personal flotation device" means a device that, unlike other personal flotation devices, has limitations on its approval by the United States coast guard, including without limitation, all of the following:
(a) The approval label on the type five personal flotation device indicates that the device is approved for the activity in which the vessel is being used or as a substitute for a personal flotation device of the type required on the vessel in use;
(b) The personal flotation device is used in accordance with any requirements on the approval label;
(c) The personal flotation device is used in accordance with the requirements in its owner's manual if the approval label refers to such a manual.
(35) "Vessel" includes every description of watercraft, including non-displacement craft and seaplanes, designed to be used as a means of transportation on water. Excludes any contrivances that do not bear a Hull Identification Number (HIN) recognized by the United States Coast Guard.
(36) "Visible" means visible on a dark night with clear atmosphere.
(37) "Watercraft" means any of the following when used or capable of being used for transportation on the water:
(a) A vessel operated by machinery either permanently or temporarily affixed;
(b) A sailboat other than a sailboard; Board type sailboats without rigidly affixed masts; commonly referred to as "sailboards" are not watercraft; excludes any contrivances that do not bear a Hull Identification Number (HIN) recognized by the United States Coast Guard.
(c) An inflatable, manually propelled boat that is required by federal law to have a hull identification number meeting the requirement of the United States coast guard;
(d) A canoe or rowboat.
"Watercraft" does not include ferries as referred to in Chapter 4583 of the Revised Code.
"Watercraft" excludes any contrivances that do not bear a Hull Identification Number (HIN) recognized by the United States Coast Guard.
Watercraft subject to Section 1547.54 of the Revised Code shall be divided into five
Classes as follows:
Class A: Less than sixteen (16) feet in length;
Class 1: At least sixteen (16) feet but less than twenty-six (26) feet in length;
Class 2: At least twenty-six (26) feet but less than forty (40) feet in length;
Class 3: At least forty (40) feet but not more than sixty-five (65) feet in length.
Class 4: At least sixty-five (65) feet in length.
(38) "Watercraft dealer" means any person who is regularly engaged in the business of manufacturing, selling, displaying, offering for sale, or dealing in vessels at an established place of business. "Watercraft dealer" does not include a person who is a marine salvage dealer or any other person who dismantles, salvages, or rebuilds vessels using used parts.
(39) "Waterways of the City" shall mean all City-administered water including, but not limited to reservoirs, reservoir lands, rivers, lakes, creeks, streams, ponds and water-filled quarries. Unless otherwise provided, this chapter applies to all vessels operating on waterways of this city. Nothing in this chapter shall be construed in contravention of any valid federal act or regulations, but is in addition to such act or regulation where not inconsistent.
921.01-1 Vessel and operations on waterways.
A) In all waterways of the City except Griggs, O'Shaughnessy and Hoover Reservoirs and the downtown Scioto River Pool or as otherwise authorized by this chapter, no person shall operate any vessel of:
(1) Less than eight (8) feet or more than (22) twenty two feet in length or;
(2) Less than thirty-six (36) inches in beam or;
(3) Less than fifty (50) pounds in weight;
(4) More than ten (10) horsepower.
(B) Canoes, kayaks, rowing shells, pedal boats and inflatable watercraft bearing a Hull Identification Number (HIN) recognized by the United States Coast Guard as vessels and watercraft are permitted and specifically exempted from the length, beam and weight requirements.
(C) No watercraft shall operate beyond the safety cable at those dams where safety cables have been installed. In those areas where there are no safety cables, no vessel shall operate within one hundred (100) feet of any dam. No vessel shall be operated within one hundred (100) feet of the downriver side of any dam.
(D) Except as otherwise provided in this chapter, no person shall operate any motorized vessel on any waterways of the City at a speed exceeding idle speed within a distance of one hundred (100) feet of the shorelines.
(E) No person shall swim or wade in any waterways of the City, except as a means of rescue, nor allow a minor, who is in custodial care, to swim or wade. This section shall not prohibit wading for the purpose of fishing.
(F) Personal watercraft, which are classified by the coast guard as small Class A-1 or A-2 vessels and which use, as their primary source of mechanical power, an inboard or outboard motor powering a jet pump, and which are designed to be operated by a person in a sitting, standing, or kneeling position rather than that of the conventional manner of either sitting or standing inside the vessel, are prohibited on all City controlled waterways.
(G) No person shall operate any motorized vessel on waterways of the City at a speed exceeding ten (10) miles per hour between sunset and sunrise.
(H) Between the dates of November 30 of each year to April 1 of the following year, all vessels must be removed from all stakes, boat docks, sailboat moorings and waterways. Any vessel found unattended in any waterways of the City or park controlled by the City of Columbus between the dates as specified in this paragraph will be considered abandoned by the owner and will be impounded by a law enforcement officer and will be subject to provisions as set forth elsewhere in this chapter.
(I) Sailboarding for the purpose of this chapter shall be limited to those sailboats without a rigidly affixed mast and which meet all the other requirements of this chapter.
(J) No person shall engage or attempt to engage in any sailboard activity without wearing an adequate and effective coast guard approved type one, two or three personal floatation device in good and serviceable condition and of appropriate size, or a jacket or harness specifically manufactured for sailboarding, and which provides for positive buoyancy in the water.
(K) This section shall not be construed or interpreted so as to prevent or prohibit boating on waterways of the City between the dates of November 30th of each year and April 1st of the following year, except in restricted areas, provided that the vessel is not stored on City property and is immediately removed from the waterway after use.
921.01-2 Vessels and operations on the downtown Scioto River Pool.
(A) Unless otherwise authorized by this chapter no person shall operate in the downtown Scioto River Pool from one hundred (100) feet south of the intake dam opposite the Dublin Road Pumping Station, south to the safety cable at the Main Street Dam and from one hundred (100) feet south of the Main Street Dam to the safety cable at the Scioto River Park Dam (Greenlawn Dam), and north on the Olentangy River to the Goodale Avenue Bridge, any vessel of:
(1) Less than eight (8) feet or more than 22 feet.
(2) Less than thirty-six (36) inches in beam or;
(3) Less than fifty (50) pounds in weight.
(B) Canoes, kayaks, rowing shells, pedal boats and inflatable watercraft bearing a Hull Identification Number (HIN) and recognized by the United States Coast Guard as vessels and watercraft are permitted and specifically exempted from the length, beam and weight requirements.
(C) No person shall operate any motorized vessel in this area at a speed greater than ten (10) miles per hour.
(D) No person shall operate any motorized vessel at a speed exceeding idle speed within a distance of one hundred (100) feet of the shorelines.
921.01-3 Vessel and operations in Griggs Reservoir.
(A) Unless otherwise authorized in this chapter, no person shall operate in Griggs Reservoir any vessel of:
(1) Less than eight (8) feet or more than 22 feet.
(2) Less than thirty-six (36) inches in beam or;
(3) Less than fifty (50) pounds in weight.
(B) Exceptions: Canoes, kayaks, rowing shells, pedal boats and inflatable watercraft bearing a Hull Identification Number (HIN) and recognized by the United States Coast Guard as vessels and watercraft are permitted and are specifically exempted from the length, beam and weight requirements provided;
(1) Rowing shells are permitted during the months of May through September on weekdays from one hour before sunrise until sunset and on weekends and holidays from one hour before sunrise until 10:00 a.m. Rowing shells are permitted at all times during the months of October through April on all days of the week. Rowing shells will be operated parallel to the shoreline at a distance no greater than one hundred (100) feet except that north of the Hayden Run Bridge rowing shells will be operated no greater than fifty (50) feet of the shoreline. Rowing shells longer than forty-five (45) feet will not be permitted north of the Hayden Run Road Bridge. There will be four crossing areas and rowing shells will utilize only those areas designated for crossing.
(2) The crossing areas will be:
(a) The no wake zone south of buoy number one (1).
(b) Between the north side of the Fishinger Road Bridge and buoy number three.
(c) At buoy number four (4) ("Fisherman's Wall"). Rowing shells will not stop within the open zone when crossing.
(d) Between buoy number five and the south side of the Hayden Run Road Bridge.
(3) The rowing shell course shall be:
(a) Northbound shells leaving the west side boathouse shall immediately assume a course on the west side of the river to the Fishinger Road Bridge. Shells launching on the east side, shall cross to the west side in the no wake zone south of buoy number one (1) to begin the course and use the same route when returning.
(b) Northbound on the east side of the river from the Fishinger Road Bridge to the Hayden Run Road Bridge.
(c) Northbound on the west side of the river between Hayden Run Road Bridge and the Griggs Park northern boundary line approximately two hundred (200) feet south Rt. 161.
(d) Southbound or returning shells shall hug the west bank all the way back to the boathouse.
(4) Canoes, kayaks, pedal boats and inflatable watercraft shall operate parallel to the shoreline at a distance no greater than fifty (50) feet from the shoreline in all areas parallel and adjacent to an open zone except for the safe operation around a navigational hazard. There will be two crossing areas and canoes, kayaks, pedal boats and inflatable watercraft will utilize only those areas designated for crossing.
(a) The crossing areas will be:
(1) Within 100 feet either side of the Fishinger Road Bridge.
(2) Within 100 feet either side of the Hayden Run Road Bridge.
(b) Canoes, kayaks, rowing shells, pedal boats and inflatable watercraft will not operate on the east side of the river between buoy number six (6) and buoy number seven (7).
(C) Operations of sailboats and sailboards are prohibited.
(D) The waterway from the safety cables north of the dam shall be open to boating at all times.
(E) Motorized vessel operations, zones, and their speed limits shall be:
(1) From the safety cables north of the dam to buoy number one (1), motorized vessels shall be operated at idle speed;
(2) From buoy number one (1) to buoy number two (2), on the eastern half of the river, motorized vessels shall be operated at idle speed, and on the western half, motorized vessels shall be operated at a speed not to exceed forty (40) miles per hour;
(3) The speed limit from buoy number two (2) north to buoy number three (3) is idle speed;
(4) The speed limit from buoy number three (3) north to buoy number five (5) is forty (40) miles per hour.
(5) The speed limit from buoy number five (5) north to buoy number six (6) is idle speed.
(6) The speed limit from buoy number six (6) north to buoy number seven (7) shall be forty (40) miles per hour, except within the eastern two-thirds (2/3) of the waterways when skiing is being conducted, no motorized vessel, which is not actively engaged in towing water-skiers shall be operated at a speed exceeding idle speed;
(7) The speed limit from buoy number seven (7) north to two hundred (200) feet south of Rt.161 shall be idle speed.
F) Water-skiing will be permitted only between buoy number three (3) to buoy number five (5) and between buoy number six (6) to buoy number seven (7).
(G) The eastern two-thirds (2/3) of the waterway, from buoy number six (6) to buoy number seven (7) is designated as a water sports practice and tournament zone, with a ski jump area on the eastern portion thereof as well as a slalom course.
(H) No person shall operate any motorized vessel at a speed exceeding idle speed within a distance of one hundred (100) feet of the shorelines.
921.01-4 Vessel and operations in Hoover Reservoir.
(A) Unless otherwise authorized by this chapter, no person shall operate in Hoover Reservoir any vessel of:
(1) Less than eight (8) feet or more than 22 feet except sailboats which may be up to 25 feet in length.
(2) Less than thirty-six (36) inches in beam or;
(3) Less than fifty (50) pounds in weight or;
(4) More than ten (10) horsepower or restricted thereto.
(B) Exceptions:
(1) Canoes, kayaks, rowing shells, pedal boats and inflatable watercraft bearing a Hull Identification Number (HIN) and recognized by the United States Coast Guard as vessels and watercraft are permitted and specifically exempted from the length, beam and weight requirements.
(2) Board type sailboats without rigidly affixed masts; commonly referred to as "sailboards" are specifically exempted from the length, beam and weight requirements and their hours of use shall be restricted to those hours from sunrise to sunset.
(C) The waterway north of the no boat buoys at the dam shall be open to boating at all times except for areas specifically exempted. Boating will not be permitted within one hundred (100) feet of the down-river side of the dam.
(D) No person shall operate a motorized vessel at a speed greater than ten (10) miles per hour.
(E) Before launching a vessel with a motor in excess of ten (10) horsepower, the motor will be tilted and must remain tilted while on the waterway.
(1) Motors in excess of ten (10) horsepower may remain in a non-tilt position provided their prop is removed prior to launch and remain so while on the waterway.
(F) No water skiing will be permitted.
(G) No person shall operate any motorized vessel at a speed exceeding idle speed within a distance of one hundred (100) feet of the shorelines.
921.01-5 Vessel and operations in O'Shaughnessy Reservoir.
(A) Unless otherwise authorized by this chapter, no person shall operate in O'Shaughnessy Reservoir any vessel of:
(1) Less than eight (8) feet or more than 22 feet.
(2) Less than thirty-six (36) inches in beam or;
(3) Less than fifty (50) pounds in weight.
(B) Exceptions:
Canoes, kayaks, rowing shells, pedal boats and inflatable watercraft bearing a Hull Identification Number (HIN) and recognized by the United States Coast Guard as vessels and watercraft are permitted and are specifically exempted from the length, beam and weight requirements;
(C) The above exempted vessels are permitted provided that:
(1) Rowing shells are permitted during the months of May through September on weekends and holidays from one hour before sunrise until 10:00 a.m. Rowing shells are permitted on all other days of the year from sunrise until sunset. Rowing shells will be operated parallel to the shoreline at a distance no greater than one hundred (100) feet except that between buoy number four (4) and buoy number five (5) rowing shells will be operated no greater than fifty (50) feet from the shoreline. Rowing shells will utilize only those areas designated for crossing.
(2) Crossing areas will be:
(a) The No Wake areas.
(b) Just south of buoy number four (4).
(3) Canoes, kayaks, pedal boats and inflatable watercraft shall operate parallel to the shoreline at a distance not greater than fifty (50) feet from the shoreline in all areas parallel and adjacent to an open zone, except for the safe operation around navigational hazards.
(4) Canoes, kayaks, rowing shells, pedal boats and inflatable watercraft will not operate on the east side of the river between buoy number four (4) and buoy number five (5) "Tournament Water-ski Zone".
(5) Canoes, kayaks, pedal boats and inflatable watercraft may operate anywhere within the posted no wake zones.
(6) The designated canoe, kayak, pedal boat and inflatable watercraft crossing shall be between buoy number two (2) and buoy number three (3).
(D) Board type sailboats without rigidly affixed masts, referred to as "sailboards" are permitted in the area from the safety cable at the dam north to buoy number one (1).
(E) The waterway north of the safety cable north of the dam shall be open to boating at all times.
(F) Vessel operations, zones, and speed limits shall be:
(1) From the safety cable north of the dam north to buoy number one (1) is a designated sailboat area and all sailboats shall stay south of buoy number one on Saturdays, Sundays and holidays.
(a) Exception: Sailboats launching or docked south of Home Road may sail in a path as direct as possible to and from the designated sailing area south of buoy number one (1).
(2) The speed limit in the area known as Eversole Run and Twin Lakes shall be no wake, idle speed.
(3) The speed limit between buoy number one (1) and buoy number two (2) shall be forty (40) miles per hour and is designated as an open zone;
(4) The speed limit between buoy number two (2) and buoy number three (3) shall be no wake, idle speed;
(5) The speed limit between buoy number three (3) and buoy number four (4) shall be forty (40) miles per hour and is designated as an open zone;
(6) The speed limit between buoy number four (4) and buoy number five (5) shall be forty (40) miles per hour except within the eastern two-thirds (2/3) of the waterway when skiing is being conducted, no vessel, which is not actively engaged in towing water-skiers, shall be operated at a speed greater than no wake, idle speed;
(7) The speed limit north of buoy number five (5) shall be no wake, idle speed.
(E) Water-skiing will be permitted only between buoy number one (1) and buoy number two (2) and between buoy number three (3) and buoy number five (5).
(F) The eastern two-thirds of the waterway between buoy number four (4) and buoy number five (5) is designated as a water sports practice and tournament zone with a ski jump area on the eastern portion thereof as well as a slalom course.
(G) No person shall operate any motorized vessel at a speed exceeding idle speed within a distance of one hundred (100) feet of the shoreline.
Break1
921.01-6 Permits for special water events.
(A) No person or organization shall conduct any race, regatta, or other special event upon the waterways of the City without first obtaining written permission, upon application not less than thirty (30) days prior to the time of the proposed race, regatta, or event from the Director of Recreation and Parks. The Director of Recreation and Parks shall have the authority to direct the procedures of these scheduled events and, if necessary, prevent the operation of other boats in certain areas during the designated time of such event. The Director of Recreation and Parks shall timely inform th Chief of Police of the approved schedued event.
(BWaterways of the City shall b open to all citizens on equaterms and none shall be given special privileges thereon, or be permitted to make use of the waterways of the City for any purpose not practically common to all, except, upon written application, when it is in the best interest of the City, the Director of Recreation and Parks has the authority to issue permits for conduct on park property that may otherwise be in violation of this chapter, and to attach conditions to such permits.
(C) Nothing in this section shall be construed to mean that the operator of a vessel competing in a specially authorized race, regatta, or special event shall not attempt to attain high speeds on a marked racing course. Such events will provide for vessel operation on an hourly basis from non-affected areas.
(D) It shall be the duty of every person or organization claiming to have a permit for a special water event issued by the Director of Recreation and Parks to produce and display such permit upon the request of any law enforcement officer or authorized City of Columbus official.
921.01-7 Application for City owned docks, stakes and moorings.
(A) Rentals of a City boat dock, boat stake or mooring shall be issued on a permit prepared for that purpose and on file in the office of the Director of Recreation and Parks. The permit shall not be transferred, assigned, loaned or subleased.
(B) An applicant for a City dock, stake or mooring permit must prove ownership of a vessel by presenting the current State of Ohio registration certificate or similar registration or copy thereof from the State in which the vessel is registered. No vessel other than the one designated on the permit shall be tied to the designated dock, stake or mooring:
(1) The Director may consider applicants owning vessels with current registrations from States other than Ohio provided the applicant presents a currant State of Ohio registration certificate within ten (10) working days, failure to do so shall result in the forfeiture of the fee and revoking of the permit.
(2) The Director may consider an applicant for any vacant City owned docks, stakes or mooring without a current registration, provided proof of purchase is presented in writing. Within forty-five (45) calendar days the applicant must prove ownership of a vessel by presenting the State of Ohio registration certificate or copy thereof for the vessel to be placed at the dock, stake or mooring. No vessel other than the one designated on the permit shall be tied to the assigned dock, stake or mooring. Failure to comply with this section shall result in the forfeiture of the fee and revoking of the permit.
(3) The Director may consider corporate applicants or applicants using leased vessels for docks, stakes or moorings with proper proof of vessel and corporate ownership or proper proof of the lease agreement, current registration and ownership of the leased vessel.
(C) Permits for the rental of a City slip, private dock, boat-stake or mooring permit shall be signed by the same person whose name appears on the registration certificate or by the power of attorney.
(D) Applicants seeking a temporary boat dock or stake will also be required to present an Ohio registration certificate or similar type of registration from the state in which the boat is registered.
(1) Provided space is available from May 1st through October 31st of each year, temporary docking may be available on the waterways for a period of not less than one (1) day and not more than fourteen (14) consecutive days. Temporary dock permits shall be obtained from the Department of Recreation and Parks. Boaters utilizing the temporary dock system may not store their boat trailers on park property and/or waterways.
(2) Short-term courtesy docks and docking stakes may be provided at each of the waterways for boaters to utilize the recreational facilities for a period of time, not to exceed two hours. Such docks and/or stakes shall be designated by the Director of Recreation and Parks, and posted accordingly.
(E) The applicant shall agree to abide by all the laws, rules and regulations relative to his and/or his family's conduct, his or their use and operation of watercraft and outboard motors, use of all waterways of the City, adjacent lands, boat docks, boat stakes and moorings. Further, the applicant agrees to assume the defense of and to indemnify and save harmless the City from any and all claims, suits, loss or damage or injury to person(s) or property of any kind or nature whatsoever arising in the use or operation of any vessel, outboard motor, boat dock, boat stake or moorings.
(F) The Director of Recreation and Parks shall not be required to approve any permits that are not in the best interest of the City of Columbus. Any misstatement of fact on any permit shall, at the discretion of the Director of Recreation and Parks, constitute sufficient grounds for the rejection or cancellation of any license, or rental permit issued thereunder. The Director of Recreation and Parks shall notify any person whose permit is rejected or cancelled in writing and the reason therefore shall be stated.
(G) Any violation of the terms or conditions of any license, or rental permits shall be reported by a law enforcement officer to the Director of Recreation and Parks and may result in the temporary or permanent suspension or cancellation of such license, or rental permit by the Director of Recreation and Parks.
(H) The Recreation and Parks Commission shall establish rental fees for both permanent and temporary uses of City owned boat slips; finger slip docks, boat stakes, and sailboat moorings on the waterways.
(I) All moneys received from the annual slip, stake and mooring rental as provided for in this section shall be placed in the operation and extension fund for the Department of Recreation and Parks.
(J) With the exception of temporary docks, all dock permits, must be renewed between the dates of January 1 and April 15 of each year. All dock permits provided for in this section shall begin on May 1 and expire on October 31 of the calendar year.
(K) All stake permits must be renewed between the dates of January 1 and March 15, inclusive, of the calendar year. All stake permits provided for in this section shall begin on April 1 and expire on October 31 of the calendar year.
(L) Dock, stake or moorings will revert back to the City for reissue if the permit is cancelled or not renewed within the time specified elsewhere in this chapter.
(M) Installation of lockers of any description is prohibited on all City-owned boat slips on all waterways of the City. No person shall in any manner alter any City-owned boat slips or to attach materials of any nature to any City-owned boat slip on any waterways of the City without the expressed written permission of the Director of Recreation and Parks.
(N) Location and installation of each stake shall be under the supervision of the Director of Recreation and Parks. One boat is permitted to one stake, with the exception of pontoon or "float" boats, which shall require two stakes. Stakes will be furnished and installed by the City of Columbus, in a number and location deemed advisable by the Director.
(O) Areas that are designated as "sailboat," "pontoon" or "float boat" areas will be used exclusively for these boats.
(P) Upon the payment of the appropriate fee, the Director of Recreation and Parks will issue a boat, stake or sailboat mooring permit for a designated area at a specific waterway.
(Q) Any vessel found unattended in any waterways of the City between the dates of November 30 of each year to April 1 of the following year, will be considered abandoned by the owner and will be impounded subject to the provisions as set forth in this chapter regarding the abandonment of vessels.
(R) Any vessel found in any waterways of the City in violation of this section will be impounded and will be subject to the provisions as set forth in this chapter regarding the abandonment of vessels.
921.01-8 Permitting of private docks, stakes and moorings.
(A) Permitting for a private boat dock, boat stake or mooring shall be issued on a permit prepared for that purpose and on file in the Office of the Director of Recreation and Parks. The permit shall not be transferred, assigned, loaned or subleased;
(1) As used in this section, private docks refer to, and shall include, docks, platforms or any other such structure which have been privately constructed and maintained by the applicant and which extend over or on the waterways of the City and shall include all such facilities whether extending from private lands, or lands controlled by the City.
(2) Each contiguous property owner, applicant, may be issued not more than one permit per legal address which shall include one (1) vessel. Additional vessels registered to the same property owner may be considered and the Recreation and Parks Commission establish such fees. The Department shall determine the placement of such dock, stake or mooring and reserves the right of denial to any applicant wherein such conditions as natural or navigational hazards/barriers exist or there is a determination made that the issuance of such permit shall negatively impact upon a sensitive shoreline habitat.
(B) The applicant shall agree to abide by all the laws, rules and regulations relative to the applicant's and/or the applicant's family's conduct, his/her or their use and operation of any vessel, use of all waterways of the City, adjacent lands, boat docks, boat stakes and moorings. Furthermore, the applicant shall agree to assume the defense of and to indemnify and save harmless the City from any and all claims, suits, loss or damage or injury to person(s) or property of any kind or nature whatsoever arising in the use or operation of any vessel, boat dock or boat stake.
(C) The Recreation and Parks Commission shall establish rental fees and late charges for private docks, stakes and moorings. All dock; stake and mooring permits must be renewed between the dates of January 1 and March 15 of each year. All dock; stake and mooring permits provided for in this section shall begin April 1 and expire on November 30 of the calendar year;
(1) If the waterways of the City have reached the maximum Safe Boating Carrying Capacity a grace period may be given until May 1st, of that year which shall include a late fee. After May 1st, the Director may permit the first eligible applicant, whose name appears on the official waterways waiting list, an opportunity to apply for dock, stake or mooring privileges;
(2) If the waterways of the City have not reached the maximum Safe Boating Carrying Capacity by the Recreation and Parks Commission, a late fee schedule shall apply.
(D) Any violation of the terms or conditions of any license, or rental permits shall be reported by a City official to the Director of Recreation and Parks and may result in the temporary or permanent suspension or cancellation of such license, or rental permit by the Director of Recreation and Parks.
(E) Any permit granted to individuals hereunder shall be for the sole benefit of the permittee and the permittee's immediate family, residing in the same household. A permit will only be issued for private docks, stakes and moorings to the person or persons whose name appears on the property deed of a contiguous private residence. An applicant for a private dock, stake or mooring permit must prove ownership of a vessel by presenting the current State of Ohio registration certificate or copy thereof for the vessel(s) to be moored in the dock, stake or mooring before the permit will be issued. No vessel(s) other than those designated on the permit shall be tied to the designated dock, stake or mooring.
(1) The Director may issue a special permit to any private dock, stake or mooring applicant not owning a vessel.
(2) The Director may approve temporary docking privileges for contiguous private permit holders, not to exceed thirty (30) days in a boating season.
(3) The Director may consider applicants using leased vessels for docks, stakes or moorings with proper proof of the lease agreement, current registration and ownership of the leased vessel.
(F) Permits for the rental of a private dock, stake or mooring shall be signed by the same person whose name appears on the registration certificate or by power of attorney. Certificates of title for vessels moored in private docks, stakes or moorings shall bear the same name as named on the private dock, stake or mooring permit and shall be shown upon request unless exempted by 921.01-8 (E)(2). No vessel other than those designated on the permit shall be tied to the designated dock, stake or mooring. No area of waterfront for private docks, stakes or moorings shall be used for any commercial purposes or for rental or loan to others. Any violation of this section shall be cause for revocation of the permit.
(G) All vessels must be removed from private docks and stakes between the dates of November 30 of each year to April 1 of the following year.
(H) Any vessel found unattended in any waterways of the City between the dates of November 30 of each year to April 1 of the following year will be considered abandoned by the owner and will be impounded subject to the provisions as set forth in this chapter regarding the abandonment of vessels.
(I) Any vessel in any waterways of the City in violation of this section will be impounded subject to the provisions as set forth in this chapter regarding the abandonment of vessels.
(J) No boathouses or other structures shall be constructed on permitted ground. Private docks may be left in the water during the winter season, November 30 of each year until the following April 1, provided they were permitted the previous season.
(K) No private boat dock, stake or mooring permits shall be allowed on the west side of Griggs Reservoir south of the Fishinger Road Bridge. This does not apply to existing legally maintained boat club leases with the Recreation and Parks Department.
(L) Application for new private docks, stakes and moorings along the shores of the waterways will be given consideration only for those areas that are contiguous to undeveloped City property provided:
(1) All applicants for private dock permits must own real property adjacent to undeveloped city controlled property. The applicant's property, at a minimum, must be contiguous and parallel to undeveloped city controlled property for one hundred (100) feet. All new applicants as of January 1, 2005 must own real property contiguous and parallel to undeveloped City property within two hundred and fifty (250) feet of the ordinary high water mark. Current property owners whose real property line are greater than two hundred and fifty (250) feet away from the ordinary high water mark and have a current valid private dock permit will be permitted to renew annually until such time as the property owner fails to renew the annual permit.
(2) All applicants for private stake permits must own real property adjacent to undeveloped City controlled property. The applicant's property, at a minimum, must be contiguous and parallel to undeveloped City controlled property for ten (10) feet. All new applicants as of January 1, 2005 must own real property contiguous and parallel to undeveloped City property within two hundred and fifty (250) feet of the ordinary high water mark. Current property owners whose real property line are greater than two hundred and fifty (250) feet away from the ordinary high water mark and have a current valid private stake permit will be permitted to renew annually until such time as the property owner fails to renew the annual permit.
(3) The waterways of the City does not exceed established safe boating carrying capacity based on formulas developed by the Ohio Department of Natural Resources, and established and adopted by the Recreation and Parks Commission. If said waterway is at maximum Safe Boating Carrying Capacity, the applicant will be placed on such official waterways waiting list and may receive the first available opening.
(M) Application for renewal of private boat docks and stakes that are already installed and in use on the waterways of the City as of the effective date of this section shall not be required to meet the requirements of subsection (L)(1) and (L)(2). If permittee fails to renew the permit by the annual renewal date then said application will be considered as new and must meet the provisions of subsection (L).
(N) The permitted area may include a five (5) foot wide path extending from the
Applicant's property to the water's edge, as laid out and approved by the Director of Recreation and Parks in accordance with rules adopted by the Director of Recreation and Parks.
(O) Permittees may erect a floating dock subject to the permission of and in accordance with the standards of the United States Army Corps of Engineers and City of Columbus. Plans for proposed docks must be submitted to and approved by the Director.
(1) The Recreation and Parks Commission may adopt Administrative Rules for floating boat dock construction, maintenance and other privileges pertaining to the use of undeveloped City parkland. Violation of Administrative Rules shall result in the temporary or permanent revocation of docking privileges and/or impoundment of vessel(s) and removal of associated structures on parkland.
(2) The Director must approve any alteration or improvements to existing permitted structure(s) in writing.
(P) Private boat docks and stakes without the proper permit are prohibited and will be considered abandoned by the owner and will be removed subject to provisions as set forth in this chapter and the Administrative Rules.
(Q) Placement or storage of any private property on reservoir parkland is prohibited without written approval from the Director.
(R) By March 31, 2001, all applicants for new or renewal of permits for private docks, stakes and moorings along the shore of the waterways of the City must have an approved land stewardship agreement on file with the Division of Water prior to the issuance of said permit. A land stewardship agreement shall define agreed upon water supply reservoir watershed best management practices and landscape enhancements that abutting property owners may perform on city property.
(S) All private docks, ramps, improved walkways, improvements, utilities or any other private structures or property shall be removed by the person or person(s) originally granted permission to make the improvements, at their expense, if at any time that person or person(s) fails to renew the annual permit or transfers the adjacent private property to a new owner. These improvements may only be left in place if a new owner advises the City of Columbus, Recreation and Parks Department, in writing that they accept full responsibility for the maintenance and removal (if necessary) of these improvements. This acceptance must be on an approved Columbus Recreation and Parks Department form for this purpose and must be submitted within ninety days of the transfer of the adjacent real property. Any and all encroachment issues must be fully resolved to the satisfaction of the City of Columbus before permission or permits may be granted for any dock, stake, mooring or additional improvements.
921.01-9 Boat concessions.
(A) The Director of Recreation and Parks is authorized to advertise and receive bids and let to the highest responsive, responsible bidder(s), boat concession(s) on waterways of the City, where it is deemed to be in the public's best interest. Only successful bidders for these concessions will be permitted to operate boats for any commercial purposes or for hire to others, and such concession agreement shall be subject to the applicable rules and regulations provided for in this chapter and such further rules and regulations as may be promulgated and established by the Director of Recreation and Parks for the operation and maintenance of such boats including the maximum permissible number of passengers thereon.
The Director of Recreation and Parks must approve the charge for rides on, or rental of, any such boats and the schedule for charges may provide different rates for adults, children and chartered trips. Such concession agreements shall also provide for saving the City free and harmless from all claims and demands by reason of the operation and maintenance of such boats. The Director of Recreation and Parks shall require in the contract that the successful bidder furnish bond by an approved surety in an amount satisfactory to him as necessary to secure the protection of all persons in or out of the concessionaire's boats who claim to have suffered damages by reason of the operation of such boats.
(B) No person shall operate or cause to be operated in any waterways of the City any vessel for any commercial purpose or for hire to others, until permission has been obtained from the Director of Recreation and Parks by enactment of an enabling ordinance by City Council.
(C) Vessels operating under a concession agreement shall be exempt from the length limitations found elsewhere in this chapter.
(D) A law enforcement officer shall impound any vessel or dock being used in violation of this section. Violations of this regulation shall be cause for revocation of any concession agreement issued pursuant to this chapter. All money received from any of the concession agreements shall be placed in the Operation and Extension Fund of the Department of Recreation and Parks.
921.01-10 Pedal boats.
(A) Pedal boats that bear a Hull Identification Number (HIN) recognized by United States Coast Guard as watercraft are permitted and are specifically exempted from the length, beam and weight requirements except that at O'Shaughnessy, Hoover and Griggs Reservoirs they are restricted to the same areas where canoes and kayaks may operate.
921.01-11 Aircraft landings.
No person shall land any aircraft on any waterways of the City, unless:
(1) The aircraft is experiencing mechanical problems and must make an emergency landing or;
(2) Application has been made and approval granted by the Director of Recreation and Parks for such aircraft landings.
921.01-12 Iceboats
No person shall operate an iceboat on any waterways of the city except on Hoover reservoir, and shall meet the following requirements:
(1) Iceboats may not be propelled by any means other than sails;
(2) Gross vessel weight may not exceed 300 pounds, to include mast, sails, and all other equipment;
(3) Are required to carry fifty (50) feet of line readily accessible for use.
921.01-14 No liability assumed by City for safety of persons or property.
The City shall assume no liability whatsoever for the safety of boats, vessels, iceboats, boat slip, private boat docks, boat stakes or moorings, or the operators or users thereof or passengers therein or thereon located on waterways of the City and land. In each application for rental of a City slip, a private dock or stake permit, the applicant shall agree to assume the defense of, indemnify and save harmless the City from any and all claims, suits, loss or damage or injury to persons or property of any kind or nature whatsoever occurring to persons or property of the applicant, including, but not limited to his family, servants, agents, guests, invitees or any other person, arising in connection with the use or operation of any boat, iceboat, outboard motor, boat slip, private boat dock, boat stake or mooring, in, on or about waterways of the City or land.
921.01-15 Designated launch facilities.
Launching and/or loading of a vessel in any waterways of the City will only be permitted in areas and times designated by the Director of Recreation and Parks and specifically marked for that purpose.
921.01-16 Harassment of fishers prohibited.
(A) No person shall purposely prevent or attempt to prevent any person from fishing for a wild animal as authorized by Chapter 1533 of the Ohio Revised Code by any of the following means:
(1) Placing oneself in a location in which the person knows or should know that the person's presence may affect the behavior of the wild animal being fished for or otherwise affect the feasibility of the taking of the wild animal by the fisherman;
(2) Creating a visual, aural, olfactory, or physical stimulus intended to affect the behavior of the wild animal being fished for;
(3) Affecting the condition or location of personal property intended for use in the fishing activity.
(B) No person shall fail to obey the order of a peace officer or game protector to desist from conduct that violates division (A) of this section.
(C) This section applies only to acts committed on lands or waterways of the City upon which fishing activity may lawfully occur. This section does not apply to acts of a peace officer, the owner of the lands or waters, or a tenant or other person acting under authority of the owner on the lands or water.
(D) As used in this section, "peace officer" has the same meaning as in Section 2935.01 of the Revised Code, and 1531.13 of the Revised Code. (ORC 1533.03)
(E) Fishing contrivance(s) not attended to in special management areas, as designated by the Director, are subject to removal if such contrivance(s) interferes with special management operations.
921.01-17 Law enforcement officers exempt.
Any vessel operated by any law enforcement officers shall be exempted from all length, weight, beam and speed requirements on the waterways of the City.
921.01-18 Officers orders in event of emergency.
Law enforcement officers are authorized to issue orders, either in person or by writing or by means of visible or audible signal for the purpose of controlling the use of the waterways of the City, adjacent lands and City-owned parks in conformance with the provisions of the Columbus City Codes and Revised Code. In the event of fire, high water, storm or other emergency or when reasonably necessary for the safety of or to protect the public or City property, said officer may issue orders as conditions may require, notwithstanding the provisions of the Columbus City Codes and/or the Revised Code.
921.03 Flashing lights prohibited.
(A) No person shall install or use any intermittently flashing light of any type or color on any vessel in use or operation on the waterways of the City, except in accordance with federal law.
(B) No person shall operate or permit to be operated any vessel on the waterways of the City in violation of this section.
9.21.04 Siren prohibited except for emergency.
(A) No person, except an authorized vessel representative of the federal government, the State, or any of its political subdivisions or this City shall use or operate a siren on the waterways of the City except for emergency purposes.
(B) No person shall operate or permit to be operated any vessel on the waterways of the City in violation of this section.
921.05 Requirements for operation of certain powercraft by person born in 1982 or later.
No person born on or after January 1, 1982, shall operate on the waterways of the City, a powercraft powered by more than 10 horsepower, unless the operator successfully has completed either a safe boater course approved by the National Association of State Boating Law Administrators or a proctored or non-proctored proficiency examination that test knowledge of information included in the curriculum of such a course, and has received a certificate as evidence of successful completion of the course or examination.
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921.051 Duty to present certificate or proof of holding it.
A person born on or after January 1, 1982, who is operating on the waterways of the City a powercraft powered by more than 10 horsepower and who is stopped by a law enforcement officer in the enforcement of Chapter 921 of the City Code or similar statute of the Revised Code or rules adopted under it shall present to the law enforcement officer, not later than seventy-two hours after being stopped, a certificate obtained by the person pursuant to section 921.05 of the City Code of similar statute in the Revised Code prior to being stopped or proof of holding such a certificate. Failure of the person to present the certificate or proof of holding it within seventy-two hours constitutes prima-facie evidence that of a violation of section 921.05 of the City Code or similar statute in the Revised Code.
921.052 Powercraft rentals to persons born in 1982 or later.
(A) No rental business shall lease, hire or rent a powercraft powered by more than ten horsepower for operation on the waterways of the City to a person born on or after January 1, 1982, unless the person meets one of the following requirements:
(1) The person signs a statement on the rental agreement or attached to the rental agreement that the person has successfully completed a safe boater course approved by the National Association of State Boating Law Administrators or has successfully completed a proficiency examination as provided in section 921.05 of the City Code or similar statute of the Revised Code.
(2) The person receives educational materials from the rental business and successfully passes, with a score of ninety per cent or better, an abbreviated examination given by the rental business. The achievement of a passing score on the examination shall be indicated on or attached to the powercraft rental agreement.
(B) Any person born on or after January 1, 1982, operating or supervising the operation of a leased, hired, or rented powercraft shall:
(1) Meet the requirements for boater education of division (A) of this section.
(2) Be named as an operator on the agreement that leases, hires, or rents the powercraft.
(C) The division of watercraft shall make available to all watercraft rental businesses in Ohio boater safety educational materials and an abbreviated examination that shall be used by the watercraft rental business for the purposes of division (A) (2) of this section.
921.06 Restrictions on child operators; duty of supervisory adult.
(A) Except as otherwise provided in this division, no person under twelve years of age shall operate any vessel on the waterways of the City unless the person is under the direct visual and audible supervision, during the operation, of a person who is eighteen years of age or oler. This division does not apply to a powercraft, powered by more thantn horsepower, which shall be govered by diision (B) of this section.
(B)No person under twelve years o ge shall operate on the waterways of the City a powercraft, powered by more than ten horsepower unless the person is under the direct visual and audible supervision, during the operation, of a person eighteen years of age or older who is aboard the powercraft and, in the case of such a supervising person born on or after January 1, 1982, who holds a certificate obtained under section 921.05 of this code or 1547.05 of the Revised Code or, in the case of a rented powercraft, meets the requirements of section 921.052 or similar section of the Revised Code.
(C) No supervising person eighteen years of age or older shall permit any person who is under the supervising person's supervision and who is operating a vessel on the waterways of the City to violate any section of this chapter or a rule adopted under it.
921.07 Reckless or unsafe operation.
(A) Any person who operates any vessel or manipulates any water skis, aquaplane, or similar device on the waterways of the City carelessly or heedlessly, or in disregard of the rights or safety of any person, vessel, or property, or without due caution, at a rate of speed or in a manner so as to endanger any person, vessel, or property is guilty of reckless operation of the vessel or other device.
(B) No person shall operate or permit the operation of a vessel in an unsafe manner. A vessel shall be operated in a reasonable and prudent manner at all times.
Unsafe vessel operation includes, without limitation, any of the following:
(1) A vessel becoming airborne or completely leaving the water while crossing the wake of another vessel at a distance of less than one hundred feet, or at an unsafe distance, from the vessel creating the wake;
(2) Operating at such a speed and proximity to another vessel or to a person attempting to ride on one or more skis, surfboard, inflatable device, or similar device being towed by a vessel so as to require the operator of either vessel to swerve or turn abruptly to avoid collision;
(3) Operating less than two hundred feet directly behind a person water skiing or attempting to water ski;
(4) Weaving through congested traffic.
921.071 Authority of officer when especially hazardous condition exists.
(A) If a law enforcement officer observes a vessel being used and determines that at least one of the unsafe conditions identified in division (C) of this section is present and that an especially hazardous condition exist, the officer may direct the operator of the vessel to take whatever immediate and reasonable actions are necessary for the safety of the persons aboard the vessel, including directing the operator to return the vessel to mooring and remain there until the situation creating the hazardous condition is corrected or has ended.
For the purposes of this section, an especially hazardous condition is one in which a reasonably prudent person would believe that the continued operation of a vessel would create a special hazard to the safety of the persons aboard the vessel.
(B) The refusal by an operator of a vessel to terminate use of the vessel after being ordered to do so by a law enforcement officer under division (A) of this section is prima-facie evidence of a violation of section 921.07 of the City Code or similar statute in the Revised Code.
(C) For the purpose of this section, any of the following is an unsafe condition:
(1) Insufficient personal flotation devices;
(2) Insufficient fire extinguishers;
(3) Overloaded, insufficient freeboard for the water conditions in which the vessel is operating;
(4) Improper display of navigation lights;
(5) Fuel leaks, including fuel leaking from either the engine or the fuel system;
(6) Accumulation of or an abnormal amount of fuel in the bilges;
(7) Inadequate backfire flame control;
(8) Improper ventilation.
(D) This section does not apply to any of the following:
(1) Foreign vessels temporarily using waters that are subject to the jurisdiction of the United States;
(2) Military vessels, vessels owned by the state or a political subdivision, or other public vessels, except those that are used for recreation;
(3) A ship's lifeboats, as defined in section 1548.01 of the Revised Code;
(4) Vessels that are solely commercial and that are carrying more than six passengers for hire.
921.08 Operation in certain areas prohibited; no wake or idle speed areas; marking by buoys or signs.
(A) No person shall operate a vessel within or through any area that has been buoyed off designating it as an area in which vessels are prohibited.
(B) (1) No person shall operate a vessel at greater than idle speed or at a speed that creates a wake under any of the following circumstances:
(a) Within three hundred feet of any marina, boat-docking facility, boat gasoline dock, launch ramp, recreational boat harbor:
(b) Within any area buoyed or marked as a no wake area on waterways of the city.
(2) Division (B)(1) of this section does not apply in any of the following places:
(a) Any other area designated by the Director of Recreation and Parks unless it is marked by a buoy or sign as a no wake or idle speed area.
(b) Within any waterways of the city as permitted by the Director of Recreation and Parks who has authorized the holding of a special event of a community nature on that water.
(C) No person shall operate a vessel in any area of restricted or controlled operation in violation of the designated restriction.
(D) No person shall operate a vessel within three hundred feet of an official diver's flag unless the person is tendering the diving operation.
(E) All areas of restricted or controlled operation as described in division (A) of this section or as provided for in Section 921.14 of the City Code or similar statute of the Revised Code shall be marked by a buoy or sign designating the restriction. All waters surrounded by or lying between such a buoy or sign and the closest shoreline are thereby designated as an area in which the designated restrictions shall apply in the operation of any vessel.
Markings or buoys designating areas of restricted or controlled operation shall be so spaced as to show all around the horizon. Lineal spacing between the buoys shall be such that under normal conditions of visibility any buoy shall be readily visible from the next adjacent buoy. No colors or symbols, except as provided for in rules of the Chief of the Division of Watercraft of the State of Ohio, shall be used on buoys or signs for marking closed or controlled areas of boating waters.
(F) No person shall permit any vessel to be operated on the waterways of the city in violation of this section.
921.09 Prohibitions on mooring, anchoring, tying up.
(A) No person shall moor or anchor any vessel in a designated speed zone or water ski zone. No person, unless in distress and no other vessel is endangered thereby, shall moor to, anchor to, or tie up to any marker, aid, buoy, light, or other aid to navigation.
(B) No person shall anchor or moor any vessel to any stake, sailboat mooring or dock in any reservoir, reservoir land or reservoir property or waterways of the City without a proper permit issued by the Office of the Director of Recreation and Parks.
(C) No person shall operate or permit to be operated any vessel on the waterways of the city in violation of this section.
921.10 Operator to stop and furnish information upon accident or collision.
In case of accident to or collision with persons or property on the waterways of the City, due to the operation of any vessel, the operator having knowledge of the accident or collision shall immediately stop the vessel at the scene of the accident or collision, to the extent that it is safe and practical, and shall remain at the scene of the accident or collision until the person has given his or her name and address and, if the person is not the owner, the name and address of the owner of the vessel, together with the registration number of the vessel, if any, to any person injured in the accident or collision or to the operator, occupant, owner or attendant of any vessel damaged in the accident or collision or to any law enforcement officer at the scene of the accident or collision.
If the injured person is unable to comprehend and record the information required to be given by this section, the other operator involved in the accident or collision shall forthwith notify the nearest law enforcement agency having authority concerning the location of the accident or collision, and the operator's name, address, and the registration number, if any, of the vessel the person was operating, and then remain at the scene of the accident or collision or at the nearest location from which notification is possible until a law enforcement officer arrives, unless removed from the scene by an emergency vehicle operated by the state or a political subdivision or by an ambulance.
If the accident or collision is with an unoccupied or unattended vessel, the operator so colliding with the vessel shall securely attach the information required to be given in this section, in writing, to a conspicuous place in or on the unoccupied or unattended vessel.
921.11 Operation or physical control under influence of alcohol or drug; testing.
(A) No person shall operate or be in physical control of any vessel underway, or shall manipulate any water skis, aquaplane, or similar device upon the waterways of the City if any of the following applies:
(1) The person is under the influence of alcohol or a drug of abuse, or the combined influence of alcohol and a drug of abuse;
(2) The person has a concentration of ten-hundredths of one percent or more by weight of alcohol in the person's blood;
(3) The person has a concentration of fourteen-hundredths of one gram or more by weight of alcohol per one hundred milliliters of the person's urine;
(4) The person has a concentration of ten-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath.
(B) No person under twenty-one years of age shall operate or be in physical control of any vessel underway or shall manipulate any water skis, aquaplane, or similar device on the waterways of the City if any of the following applies:
(1) The person has a concentration of at least two-hundredths of one per cent, but less than ten-hundredths of one percent by weight of alcohol in the person's blood;
(2) The person has a concentration of at least twenty-eight one-thousandths of one gram, but less than fourteen-hundredths of one gram by weight of alcohol per one hundred milliliters of the person's urine;
(3) The person has a concentration of at least two-hundredths of one gram, but less than ten-hundredths of one gram by weight of alcohol per two hundred ten liters of the person's breath.
(C) In any proceeding arising out of one incident, a person may be charged with a violation of division (A)(1) and a violation of division (B)(1), (2), or (3) of this section, but the person shall not be convicted of more than one violation of those divisions.
(D) In any criminal prosecution for a violation of this section or of an ordinance of any municipal corporation relating to operating a vessel or using any water skis, aquaplane, or similar device while under the influence of alcohol or a drug of abuse, the court may admit evidence on the concentration of alcohol or a drug of abuse in the defendant's blood, urine or breath at the time of the alleged violation as shown by chemical analysis of the defendant's blood, urine, or breath taken within two hours of the time of the alleged violation.
When a person submits to a blood test, only a physician, registered nurse, or qualified technician or chemist shall withdraw blood for the purpose of determining its alcohol or drug of abuse content. This limitation does not apply to the taking of breath or urine specimens. A physician, registered nurse, or qualified technician or chemist may refuse to withdraw blood for the purpose of determining its alcohol or drug of abuse content if in the opinion of the physician, nurse, or technician or chemist, the physical welfare of the person would be endangered by the withdrawing of blood.
The blood, urine, or breath shall be analyzed in accordance with methods approved by the Director of Health by an individual possessing a valid permit issued by the Director pursuant to Section 3701.14.3 of the Revised Code.
If there was at the time the blood, urine, or breath was taken a concentration of less than ten-hundredths of one percent by weight of alcohol in the defendant's blood, less than fourteen-hundredths of one gram by weight of alcohol per one hundred milliliters of the defendant's urine, or less than ten-hundredths of one gram by weight of alcohol per two hundred ten liters of the defendant's breath, that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
Upon the request of the person who was tested, the results of the test shall be made available to the person or the person's attorney or agent, immediately upon the completion of the test analysis.
The person tested may have a physician, registered nurse, or qualified technician or chemist of the person's own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer, and shall be so advised. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
A physician, registered nurse, or qualified technician or chemist who withdraws blood from a person pursuant to this section, and a hospital, first-aid station, or clinic at which blood is withdrawn from a person pursuant to this section, is immune from criminal liability, and from civil liability that is based upon a claim of assault and battery or based upon any other claim that is not in the nature of a claim of malpractice, for any act performed in withdrawing blood from the person.
(E) For the purposes of this section, "operate" means that a vessel is being used on the waterways of the City when the vessel is not securely affixed to a dock or to shore or to any permanent structure to which the vessel has the right to affix or that a vessel is not anchored in a designated anchorage area or boat camping area that is established by the United States coast guard, this state, or a political subdivision and in which the vessel has the right to anchor.
921.111 Implied consent.
(A) Any person who operates a vessel or uses any water skis, aquaplane, or similar device upon any waterways of the City shall be deemed to have given consent to a chemical test or tests of the person's blood, breath, or urine for the purpose of determining its alcohol or drug of abuse content if arrested for the offense of operating a vessel or using any water skis, aquaplane, or similar device in violation of Section 921.11 of the City Code or similar statute in the Revised Code. The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been operating a vessel or using any water skis, aquaplane, or similar device in violation of Section 921.11 of the City Code or similar statute in the Revised Code. The law enforcement agency by which the officer is employed shall designate which of the tests shall be administered.
(B) Any person who is dead, unconscious or who is otherwise in a condition rendering the person incapable of refusal shall be deemed not to have withdrawn consent provided by division (A) of this section and the test or tests may be administered, subject to Sections 313.12 to 313.16 of the Revised Code.
(C) Any person under arrest for the offense of operating a vessel or using any water skis, aquaplane, or similar device in violation of Section 921.11 of the City Code or similar statute in the Revised Code shall be advised of the consequences of refusing to submit to a chemical test designated by the law enforcement agency as provided in division (A) of this section. The advice shall be in a written form prescribed by the Chief of the Division of Watercraft and shall be read to the person. The form shall contain a statement that the form was shown to the person under arrest and read to him in the presence of the arresting officer and either another law enforcement officer, civilian law enforcement employee, or an employee of a hospital, first-aid station, or clinic, if any, to which the person has been taken for first-aid or medical treatment. The witnesses shall certify to this fact by signing the form.
(D) If a person under arrest for the offense of operating a vessel or using any water skis, aquaplane, or similar device in violation of Section 921.11 of the City Code or similar statute of the Revised Code refuses upon the request of a law enforcement officer to submit to a chemical test designated by the law enforcement agency as provided in division (A) of this section, after first having been advised of the consequences of the person's refusal as provided in division (C) of this section, no chemical test shall be given, but the chief, upon receipt of a sworn statement of the law enforcement officer that the law enforcement officer had reasonable grounds to believe the arrested person had been operating a vessel or using any water skis, aquaplane, or similar device while under the influence of alcohol or a drug of abuse, under the combined influence of alcohol and a drug of abuse, or with a prohibited concentration of alcohol in the person's blood, urine, or breath, and upon receipt of the form as provided in division (C) of this section certifying that the arrested person was advised of the consequences of the refusal, shall inform the person by written notice that the person is prohibited from operating a vessel or using any water skis, aquaplane, or similar device, and is prohibited from registering any watercraft in accordance with section 1547.54 of the Revised Code, for one year following the date of the alleged violation of section 921.11 or similar section of the Revised Code. The suspension of these operation, use, and registration privileges shall continue for the entire one-year period, subject to review as provided in this section.
If the person under arrest is the owner of the vessel involved in the alleged violation, the law enforcement officer who arrested the person shall seize the watercraft registration certificate and tags from the vessel involved in the violation and forward them to the chief. The chief, in addition to informing the person by written notice that the person is prohibited from operating a vessel or using any water-skis, aquaplane, or similar device, and from registering any watercraft in accordance with section 1547.54 of the Revised Code, for one year following the date of the alleged violation, shall retain the impounded registration certificate and tags, and shall impound all other registration certificates and tags issued to the person in accordance with sections 1547.54 and 1547,57 of the Revised Code, for a period of one year following the date of the alleged violation, subject to review as provided in this section.
If the arrested person fails to surrender the registration certificate because it is not on the person of the arrested person or in the watercraft, the law enforcement officer who made the arrest shall order the person to surrender it within twenty-four hours to the law enforcement officer or the law enforcement agency that employs the law enforcement officer. If the person fails to do so, the law enforcement officer shall notify the chief of the Division of Watercraft of that fact in the statement the officer submits to the chief under this section.
(E) Upon suspending a person's operation, use, and registration privileges in accordance with division (D) of this section, the Chief of the Division of Watercraft shall notify the person in writing, at the person's last known address, and inform the person that the person may petition for a hearing in accordance with division (F) of this section. If a person whose operation, use, and registration privileges have been suspended petitions for a hearing or appeals any decision that is adverse to the person, the suspension of privileges shall begin at the termination of any hearing or appeal unless the hearing or appeal resulted in a decision favorable to the person.
(F) Any person who has been notified by the Chief of the Division of Watercraft that the person is prohibited from operating a vessel or using any water skis, aquaplane, or similar device and from registering any watercraft in accordance with section 1547.54 of the Revised Code, or who has had the registration certificate and tags of the person's watercraft impounded pursuant to division (D) of this section, within twenty days of the notification or impoundment, may file a petition in the municipal court or the county court, or if the person is a minor in juvenile court, in whose jurisdiction the arrest occurred, agreeing to pay the cost of the proceedings and alleging error in the action taken by the Chief of the Division of Watercraft under division (D) of this section or alleging one or more of the matters within the scope of the hearing as provided in this section, or both. The petitioner shall notify the Chief of the Division of Watercraft of the filing of this petition and send the Chief of the Division of Watercraft a copy of the petition.
The scope of the hearing is limited to the issues of whether the law enforcement officer had reasonable grounds to believe the petitioner was operating a vessel or using any water skis, aquaplane, or similar device while under the influence of alcohol or a drug of abuse, under the combined influence of alcohol and a drug of abuse, or with a prohibited concentration of alcohol or a drug of abuse in the person's blood, urine, or breath, whether the petitioner was placed under arrest, whether the petitioner refused to submit to the chemical test upon request of the offender, and whether the petitioner was advised of the consequences of the refusal.
(G)(1) The Chief of the Division of Watercraft shall furnish the court a copy of the affidavit as provided in division (C) of this section and any other relevant information requested by the court.
(2) In hearing the matter and in determining whether the person has shown error in the decision taken by the Chief of the Division of Watercraft as provided in division (D) of this section, the court shall decide issue upon the relevant, competent, and material evidence submitted by the Chief of the Division of Watercraft or the person whose operation, use, and registration privileges have been suspended.
In the proceedings, the Chief of the Division of Watercraft shall be represented by the prosecuting attorney of the county in which the petition is filed if the petition is filed in a county court or juvenile court, except that if the arrest occurred within a city or village within the jurisdiction of the county court in which the petition is filed, the city director of law or village solicitor of that city or village shall represent the Chief of the Division of Watercraft. If the petition is filed in the municipal court, the Chief of the Division of Watercraft shall be represented as provided in section 1901.34 of the Revised Code.
(3) If the court finds from the evidence submitted that the person has failed to show error in the action taken by the Chief of the Division of Watercraft under division (D) of this section or in one or more of the matters within the scope of the hearing as provided in division (F) of this section, or both, the court shall assess the cost of the proceeding against the person and shall uphold the suspension of the operation, use, and registration privileges provided in division (D) of this section. If the court finds that the person has shown error in the action taken by the Chief of the Division of Watercraft under division (D) of this section or in one or more of the matters within the scope of the hearing as provided in division (F) of this section, or both, the cost of the proceedings shall be paid out of the county treasury of the county in which the proceedings were held, the operation, use, and registration privileges of the person shall be reinstated without charge, and the registration certificate and tags, if impounded, shall be returned without charge.
(4) The court shall give information in writing of any action taken under this section to the Chief of the Division of Watercraft.
(H) At the end of any period of suspension or impoundment imposed under this section, and upon request of the person whose operation, use, and registration privileges were suspended or whose registration certificate and tags were impounded, the chief shall reinstate the person's operation, use, and registration privileges by written notice and return the certificate and tags.
(I) No person who has received written notice from the Chief of the Division of Watercraft that the person is prohibited from operating a vessel or using any water skis, aquaplane, or similar device, and from registering a watercraft, or who has had the registration certificate and tags of the person's watercraft impounded, in accordance with division (D) of this section, shall operate a vessel or use any water skis, aquaplane, or similar device, for a period of one year following the date of the person's alleged violation of Section 921.11 of the City Code or similar statute in the Revised Code.
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921.12 Incapacitated operators prohibited.
No person shall operate any vessel if the person is so mentally or physically incapacitated as to be unable to operate the vessel in a safe and competent manner.
No person shall permit any vessel to be operated on the waterways of the City in violation of this section.
921.13 Fail to comply with order of law enforcement officer; fleeing.
(A) No person shall fail to comply with any lawful order or direction from any law
enforcement officer having authority to direct, control, or regulate the operation or use of vessels.
(B) No person shall operate any vessel so as to purposely elude or flee from a law enforcement officer after receiving a visible or audible signal from a law enforcement officer to bring the vessel to a stop.
(C) No person shall permit any vessel to be operated on the waterways of the City in violation of this section.
921.131 Duty upon approach of law enforcement vessel.
(A) Upon the approach of a law enforcement vessel with at least one flashing, rotating or oscillating light of a color conforming with the requirements of federal law, the operator of any vessel shall stop if followed or give way in any crossing, head on, or overtaking situation, and shall remain in that position until the law enforcement vessel has passed, except when otherwise directed by a law enforcement officer. If traffic conditions warrant, a siren or other sound-producing device also may be operated as an additional signaling device. This section does not relieve the operator of any law enforcement vessel from the duty to operate with due regard for the safety of all persons and property on the waterways of the City.
(B) No person shall permit any vessel to be operated on the waterways of the City in violation of this section.
921.14 Water-skiing confined to ski zones.
(A) Any person who rides or attempts to ride upon one or more water-skis, surfboard, or similar device, or who engages or attempts to engage in barefoot skiing, and any person who operates a vessel towing a person riding or attempting to ride on one or more water skis, surfboard, or similar device, or engaging or attempting to engage in barefoot-skiing, shall confine that activity to the water area within a designated ski zone on all bodies of water whereon a ski zone has been established.
(B) On all bodies of water designated as "open zone", that is, having a combined speed and ski zone, the activities described in division (A) of this section shall be confined to the open zone.
(C) No person shall operate or permit to be operated any vessel on the waterways of the City in violation of this section.
(D) Water-skiing in the Griggs and O'Shaughnessy Reservoir, and White Sulphur Quarry, shall be conducted under the following restrictions and no participant shall fail to comply:
(1) All towropes shall be of equal length, if the same vessel tows multiple skiers.
(2) No towline shall exceed seventy-five (75) feet in length, including the length of the yoke from the rear of the transom.
(3) Any vessel towing a water-skier shall at all times be operated on a counterclockwise course parallel to the thread of the waterway and at no time operated in a zigzag or circular course, nor closer than one hundred (100) feet to the shore.
(a) Exception: Skiers may make the return trip back through the slalom course; however, if up bound and down bound vessels meet head on in the slalom course the up bound/northbound vessel will give way.
(4) In the event of a fallen skier(s) the operator of the towing vessel shall immediately reduce the vessel speed and proceed without delay by the most direct route to the fallen skier.
(5) "Shallow water" and "dry water starts" will be permitted in the water sports practice and tournament zones and the White Sulphur Quarry. In the case of shallow water starts, the skier shall be at least fifty (50) feet from shore at the time of the start. The tow vessel, for both shallow and dry water starts, shall be at least seventy-five feet from the shore.
(6) After starts, skiers must maintain at least a one hundred (100) foot interval between the skier and all shorelines.
(7) Swimming will only be permitted to effect a rescue.
(8) No person shall leave a ski afloat in the water unattended.
(9) While skiing is being conducted no vessel shall be anchored in the water sports practice and tournament zones more than fifty (50) feet from shore.
(10) The public may participate in the water sports practice and tournament zones.
(11) No person, operating a vessel or motor vehicle, shall tow or pull in waterways a person having possession or control of an airfoil device or similar device capable of lifting a perso airborne. No person, avng possession or control of an airfoil device or similar device capable of lifting hem airorne, shall permit himself or herself to be twed in any waterway.
(12) aw enforcement officers, upon proper cause, may cause skiing to cease when conditions are such as to render water skiing hazardous. This will be accomplished by placing red flags at the buoys designating the water sports practice and tournament zones. If skiing is ordered stopped, the stoppage shall be of not less than one hour's duration.
(13) Inner tubes or other inflatable contrivances used as water-ski devices will not be permitted on the waterways of this City, except that handicapped persons may use inner tubes, other inflatable contrivances, or knee boards as water-ski devices with prior permission from Recreation and Parks, permits section.
(A) No person shall tow, or be towed upon, any skiing device unless specifically authorized by this section.
(14) No operator of any vessel shall tow any person who fails to comply with this section.
(15) The City shall assume no responsibility whatsoever for the safety of person or vessel using or attempting to use the water sports practice and tournament zones as designated or the White Sulphur Quarry and at the related facilities thereto with or without permission. All ski clubs and any other organization using or attempting to use the water sports practice and tournament zones shall agree that the City shall not be held liable and shall agree to save and hold harmless the City from any claim or claims and actions at law for property damaged or personal injuries resulting to any person or persons arising out of the use of the water sports practice and tournament zones.
921.15 Observer required when towing skier.
(A) Any person who operates a vessel towing any person riding or attempting to ride upon one or more water skis, surfboard, or similar device, or engaging or attempting to engage in barefoot skiing, on the waterways of the City shall have present in the vessel a person or persons other than the operator, ten years of age or older, who shall at all times observe the progress of the person(s) being towed. The operator of the towing vessel shall at all times observe the traffic pattern toward which the vessel is approaching.
(B) No person shall operate or permit to be operated any vessel on the waterways of the City in violation of this section.
921.16 Water-skiing after dark prohibited.
No person shall ride or attempt to ride upon water skis, surfboard, or similar device, or engage or attempt to engage in barefoot skiing, or use or operate any vessel to tow any person thereon on the waterways of the City during that period of the day between sunset and sunrise, except upon special permit issued by the Director of Recreation and parks.
921.18 Personal flotation device required for towed person.
(A) No person shall ride or attempt to ride upon water skis, surfboard, or similar device being towed by a vessel without wearing an adequate and effective coast guard approved type one, two, or three personal flotation device, or type five personal flotation device specifically designed for water skiing, in good and serviceable condition and of appropriate size, except upon special permit issued by the Director of Recreation and Parks.
(B) No person shall engage or attempt to engage in barefoot skiing without wearing an adequate and effective coast guard approved type one, two, or three personal flotation device or type five personal flotation device specifically designed for water skiing, in good and serviceable condition and of appropriate size, or a wet suit specifically designed for barefoot skiing.
(C) No operator of a vessel shall tow any person who fails to comply with division (A) or (B) of this section.
921.19 Ski jumps prohibited.
No person shall install or maintain any structure or inclined platform known as a water ski jump on the waterways of the City. No person shall use any such platform or structure for the purpose of water ski jumping, except upon special permit issued by the Director of Recreation and Parks.
921.21 Inflatable vessel regulations.
(A) No person shall use or offer for use on the waterways of the City any inflatable vessel made of canvas, rubber, synthetic rubber or vinyl plastic unless the inflatable vessel is of multiple air cell or compartment construction and is capable of remaining afloat if one air cell or compartment is punctured or collapsed.
(B) Floating fishing contrivances, referred to as "belly boats," and while the user is actively engaged in fishing, are restricted to use within waterways, or zones of waterways, in which the speed limit does not exceed ten (10) miles per hour, provided that use of such contrivance on a City reservoir is restricted to use within twenty-five (25) feet of shoreline and prohibited in City marinas.
921.22 Sitting, standing, walking on moving vessel restricted.
(A) No occupant of any vessel underway on the waterways of the City shall sit, stand or walk upon any portion of the vessel not specifically designed for that movement, except when immediately necessary for the safe and reasonable navigation or operation of the vessel. No operator of a vessel under way on the waterways of the City shall allow any occupant of the vessel to sit, stand, or walk on any portion of the vessel underway not specifically designed for that use except when immediately necessary for the safe and reasonable navigation or operation of the vessel.
(B) No person shall operate or permit to be operated any vessel on the waterways of the City in violation of this section.
921.23 Engine warm-up required.
The pilot or engineer of any powercraft for hire to carry passengers shall not permit passengers to come aboard before the engine of such powercraft has been permitted to run for a minimum of two minutes.
921.24 Children under 10 must wear appropriate size personal flotation device.
No person shall operate or permit to be operated any vessel under eighteen feet in length while there is present in the vessel any person under ten years of age, not wearing a coast guard approved type one, two, or three personal flotation device in good and serviceable condition of appropriate size securely attached to the person under ten years of age.
921.25 Operation without personal flotation devices prohibited.
(A) No person shall operate or permit to be operated any watercraft on the waterways of the City:
(1) Sixteen feet or greater in length, without carrying on board one type one, two, or three personal flotation device for each person on board and one type four personal flotation device;
(2) Less than sixteen feet in length, including canoes and kayaks of any length, without carrying on board one type one, two, or three personal flotation device for each person on board.
(B) A type five personal flotation device may be carried in lieu of a type one, two, or three personal flotation device required under division (A) of this section.
(C) No person shall operate or permit to be operated any commercial vessel on the waterways of the City:
(1) That is less than forty feet in length and is not carrying persons for hire without carrying aboard at least one type one, two, or three personal flotation device for each person aboard;
(2) That is carrying persons for hire or is forty feet in length or longer and is not carrying persons for hire without carrying aboard at least one type one personal flotation device for each person aboard:
(3) That is twenty-six feet in length or longer without carrying aboard at least one type four ring life buoy in addition to the applicable requirements of divisions (C)(1) and (2) of this section.
(D) Each personal flotation device carried aboard a watercraft or commercial vessel pursuant to this section shall be coast guard approved and in good and serviceable condition, of appropriate size for the wearer, and readily accessible to each person aboard the watercraft at all times.
(E) As used in this section, "commercial vessel" means any vessel used in the carriage of any person or property for a valuable consideration whether flowing directly or indirectly from the owner, partner, or agent or any other person interested in the vessel.
"Commercial vessel" does not include any vessel that is manufactured or used primarily for noncommercial use or that is leased, rented, or chartered to another for noncommercial use.
921.251 Distress signals and flag required.
(A) No person shall operate a vessel upon the waterways of the City unless the vessel carries either a distress flag at least two feet square and international orange in color or a coast guard approved daytime distress signal.
(B) No person shall display any distress signal, unless a vessel or a person is in distress and in need of help.
(C) Division (A) of this section does not apply to:
(1) Vessels competing in an organized marine parade, race, regatta, or similar event;
(2) Manually propelled vessels;
(3) Sailboats less than twenty-six feet in length with completely open construction and without propulsion machinery.
(D) The distress signals required by this section shall be in good and serviceable condition, readily accessible, and of the type and quantities required by regulation adopted under 46 U.S.C. 4302, as amended.
(E) No person shall operate or permit to be operated any vessel on the waterways of the City in violation of this section.
921.26 Anchor and line required; exception.
(A) All watercraft, except sailboats less than sixteen feet long having a cockpit depth of less than twelve inches and except canoes, shall carry an anchor and line of sufficient weight and length to anchor the watercraft securely. The chief of the division of watercraft, by rule, may exempt other types of watercraft from this section after determining that carrying such anchor and line would constitute a hazard.
(B) No person shall operate or permit to be operated any vessel on the waterways of the City in violation of this section.
921.27 Fire extinguishers required on powercraft.
(A) Except those powercraft propelled by an electric motor and those less than twenty-six feet in length designed for use with an outboard motor, of open construction, and not carrying passengers for hire, all powercraft shall carry fire extinguishers as prescribed in this section. The fire extinguishers shall be capable of extinguishing a burning gasoline fire, shall be so placed as to be readily accessible and in such condition as to be ready for immediate and effective use and shall comply with minimum or higher standards for such extinguishers then prevailing as prescribed by the United States coast guard.
(B) Class A and Class 1 powercraft shall carry at least one B-1 fire extinguisher.
Class 2 powercraft shall carry at least two B-1 fire extinguishers or at least one B-2 fire extinguisher. Class 3 powercraft shall carry at least three B-1 fire extinguishers, or at least one B-1 and one B-2 fire extinguisher. A B-1 fire extinguisher is one containing a minimum of one and one-fourth gallons foam, four pounds carbon dioxide, two pounds dry chemical, two and one-half pounds halon, or another extinguishing material approved by the United States coast guard, in a quantity approved by the United States coast guard, for such use. A B-2 fire extinguisher is one containing a minimum of two and one-half gallons foam, fifteen pounds carbon dioxide, ten pounds dry chemical, ten pounds halon or another extinguishing material approved by the United States coast guard, in a quantity approved by the United States coast guard, for such use.
(C) No person shall operate or permit to be operated on the waterways of the City any powercraft that does not comply with this section.
921.28 Backfire flame control device.
Every gasoline engine installed in a vessel after April 25,1940, except an outboard motor, shall be equipped with an acceptable device to control backfire flame. The device shall comply with all of the following:
(A) Be securely attached to the air intake with a flame-tight connection;
(B) Be in proper working order;
(C) Be coast guard approved or comply with either SAE J1928 or UL 1111:
(D) Be marked to indicate approval or compliance under division (C) of this section.
921.29 Ventilation required on powercraft.
All powercraft using gasoline or other liquid fuel having a flashpoint of less than 110 degrees F. shall be provided with ventilation as follows:
(A) At least two ventilators fitted with cowls or their equivalent for the purpose of properly and efficiently ventilating the bilges of every engine and fuel tank compartment in order to remove any inflammable or explosive gases;
(B) Any type of ventilating system approved for use by the United States coast guard;
(C) The ventilation of the boat is not required where the greater portion of the bilges of the engine and fuel tank compartment is open to the natural atmosphere.
921.30 Law enforcement official may order storage of vessel or outboard motor left on private property; towing by private dock owner.
(A) As used in this section and Sections 921.301, 921.302 and 921.304 of the City Code or similar sections of the Revised Code.
(1) "Vessel or outboard motor" excludes an abandoned junk vessel or outboard motor, as defined in Section 921.303 of the City Code, or similar statute of the revised code, or any watercraft or outboard motor under Section 4585.31 of the Revised Code.
(2) "Law Enforcement Agency" means any organization or unit comprised of law enforcement officers, as defined in of Section 2901.01 of the Revised Code.
(B)(1) The Chief of Police, upon complaint of any person adversely affected, may order into storage any vessel or outboard motor that has been left on private property other than a private dock or mooring facility or structure, for at least seventy-two hours without the permission of the person having the right to the possession of the property. The Chief, upon complaint of the owner of a marine repair facility or place of storage, may order into storage any vessel or outboard motor that has been left at the facility or place of storage for a longer period than that agreed upon. The Chief shall designate the place of storage. When ordering a vessel or motor into storage under division (B)(1) of this section, the Chief, whenever possible, shall arrange for the removal of the vessel or motor by a private tow truck operator or towing company.
(2) (a) Except as provided in division (B)(2)(d) of this section, no person, without the consent of the owner or other person authorized to give consent, shall moor, anchor or tie a vessel or outboard motor at a private dock or mooring facility or structure owned by another person if the owner has posted, in a conspicuous manner, a prohibition against the mooring, anchoring, or tying of vessels or outboard motors at the dock, facility, or structure by any person not having the consent of the owner or other person authorized to give consent.
(b) If the owner of a private dock or mooring facility or structure has posted at the dock, facility, or structure, in a conspicuous manner, conditions and regulations under which the mooring, anchoring, or tying of vessels or outboard motors is permitted at the dock, facility, or structure, no person, except as provided in division (B)(2)(d) of this section, shall moor, anchor, or tie a vessel or outboard motor at the dock, facility, or structure in violation of the posted conditions and regulations.
(c) The owner of a private dock or mooring facility or structure may order towed into storage any vessel or outboard motor found moored, anchored, or tied in violation of division (B)(2)(a) or (b) of this section, provided that the owner of the dock, facility, or structure post on it a sign that states that the dock, facility, or structure is private, is visible from all entrances to the dock, facility, or structure, and contains all of the following information:
(i) The enforcement specified in division (B)(2)(a) or (b) of this section, as applicable;
(ii) A notice that violators will be towed and that violators are responsible for paying the cost of the towing;
(iii) The telephone number of the person from whom a towed vessel or outboard motor may be recovered, and the address of the place to which the vessel or outboard motor will be taken and the place from which it may be recovered.
(d) Division (B)(2)(a) and (b) of this section do not prohibit a person from mooring, anchoring, or tying a vessel or outboard motor at a private dock or mooring facility or structure if either of the following applies:
(i) The vessel or outboard motor is disabled due to a malfunction, provided that the person immediately removes the vessel or outboard motor from the dock, facility, or structure when the malfunction is corrected or when a reasonable attempt has been made to correct it;
(ii) Weather conditions are creating an imminent threat to safe operation of the vessel or outboard motor, provided that the person immediately removes the vessel or outboard motor from the dock, facility, or structure when the weather conditions permit safe operation of the vessel or outboard motor.
(e) A person whose vessel or outboard motor is towed into storage under division (B)(2)(c) of this section either shall pay the cost of the towing of the vessel or outboard motor or shall reimburse the owner of the dock or mooring facility or structure for the cost that the owner incurs in towing the vessel or outboard motor.
(3) Subject to division (C) of this section, the owner of a vessel or outboard motor that has been removed under division (B) of this section may recover the vessel or motor only in accordance with division (F) of this section.
(C) If the owner or operator of a vessel or outboard motor that has been ordered into storage under division (B) of this section arrives after the vessel or motor has been prepared for removal but prior to its actual removal from the property, the owner or operator shall be given the opportunity to pay a fee of not more than one-half of the charge for the removal of vessels or motors under division (B) of this section that normally is assessed by the person who has prepared the vessel or motor for removal, in order to obtain release of the vessel or motor. Upon payment of that fee, the vessel or motor shall be released to the owner or operator, and upon its release, the owner or operator immediately shall move it so that it is not on the private property without the permission of the person having the right to possession of the property, or is not at the facility or place of storage without the permission of the owner, whichever is applicable.
(D) The Chief of Police shall maintain a record of vessels or outboard motors that the Chief orders into storage under division (B)(1) of this section. The record shall include an entry for each such vessel or motor that identifies the vessel's hull identification number or serial number, if any, the vessel's or motor's make, model, and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered. Any information in the record that pertains to a particular vessel or motor shall be provided to any person who, pursuant to a statement the person makes either in person or by telephone, is identified as the owner or operator of the vessel or motor and requests information pertaining to its location.
(E) Any person who registers a complaint that is the basis of the Chief's order for the removal and storage of a vessel or outboard motor under division (B)(1) of this section shall provide the identity of the law enforcement agency with which the complaint was registered to any person who, pursuant to a statement the person makes, is identified as the owner or operator of the vessel or motor and requests information pertaining to its location.
(F)(1) The owner of a vessel or outboard motor that is ordered into storage under division (B) of this section may reclaim it upon payment of any expenses or charges incurred in its removal, in an amount not to exceed two hundred dollars, and storage, in an amount not to exceed five dollars per twenty-four hour period, and upon presentation of proof of ownership, which may be evidenced by a certificate of title to the vessel or motor, certificate of United States coast guard documentation, or certificate of registration if the vessel or motor is not subject to titling under Section 1548.01 of the Revised Code.
(2) If a vessel or motor that is ordered into storage under division (B) of this section remains unclaimed by the owner for thirty days, the procedures established by Sections 921.301, and 921.302 of the City Code shall apply.
(3) If a vessel or outboard motor ordered into storage under division (B)(2) of this section remains unclaimed for seventy-two hours after being stored, the tow truck operator or towing company that removed the vessel or outboard motor shall provide notice of the removal and storage to the Chief of Police the vessel or outboard motor had been moored, anchored, or tied in violation of division (B (2) of this section. The notice shall be in writing and include the vessel's hull identification number or serial number, if any, the vessel's or outboard motor's make model, and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered.
Upon receipt of the notice, the Chief of Police immediately shall cause a search to be made of the records of the Division of Watercraft to ascertain the owner and any lien-holder of the vessel or outboard motor, and, if known, shall send notice to the owner and lien-holder, if any, at the owner's and lien-holder's last known address by certified mail, return receipt requested, that the vessel or outboard motor will be declared a nuisance and disposed of if not claimed not later than thirty days after the date of the mailing of the notice.
If the owner or lien-holder makes no claim to the vessel or outboard motor within thirty days of the date of the mailing of the notice, the Chief of Police shall file with the clerk of courts of the county in which the place of storage is located an affidavit showing compliance with the requirements of division (F)(3) of this section, and the vessel or outboard motor shall be disposed of in accordance with section 921.302 of the City Code or similar section of the Revised Code.
(G) No person shall remove, or cause the removal of, any vessel or outboard motor from private property other than in accordance with division (B) of this section or Section 921.301 of the City Code or similar section of the Revised Code.
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921.301 Storage of vessel or motor left in sunken, beached, drifting or docked condition; notice; affidavit; salvage certificate.
The Chief of Police may order into storage any vessel or outboard motor that has been left in a sunken, beached or drifting condition for any period of time, or in a docked condition, on a public street or other property open to the public, or upon or within the right-of-way of any waterway, road, or highway, for forty-eight hours or longer without notification to the Chief of the reasons for leaving the vessel or motor in any such place or condition. The Chief shall designate the place of storage of any vessel or motor ordered removed by him.
The Chief shall immediately cause a search to be made of the records of the Division of Watercraft to ascertain the owner and any lien-holder of a vessel or outboard motor ordered into storage by the Chief, and, if known, shall send notice to the owner and lien-holder, if any, at the person's last known address by certified mail, return receipt requested, that the vessel or motor will be declared a nuisance and disposed of if not claimed within ten days of the date of mailing of the notice. The owner or lien-holder of the vessel or motor may reclaim it upon payment of any expenses or charges incurred in its removal and storage, and presentation of proof of ownership, which may be evidenced by a certificate of title to the vessel or motor, certificate of United States coast guard documentation, or certificate of registration if the vessel or motor is not subject to titling under Section 1548.01 of the Revised Code.
If the owner or lien-holder makes no claim to the vessel or outboard motor within ten days of the date of mailing of the notice, and if the vessel or motor is to be disposed of at public auction as provided in Section 921.302 of the City Code, the Chief shall file with the clerk of courts of the county in which the place of storage is located an affidavit showing compliance with the requirements of this section. Upon presentation of the affidavit, the clerk of courts shall without charge issue a salvage certificate of title, free and clear of all liens and encumbrances, to the Chief and shall send a copy of the affidavit to the Chief of the Division of Watercraft. If the vessel or outboard motor is to be disposed of to a marine salvage dealer or other facility as provided in Section 921.302 of the City Code, the Chief shall execute in triplicate an affidavit, as prescribed by the Chief of the Division of Watercraft, describing the vessel or motor and the manner in which it was disposed of, and that all requirements of this section have been complied with. The Chief shall retain the original of the affidavit for his records and shall furnish two copies to the marine salvage dealer or other facility. Upon presentation of a copy of the affidavit by the marine salvage dealer or other facility, the clerk of courts shall issue to such owner a salvage certificate of title, free and clear of all liens and encumbrances.
Whenever the marine salvage dealer or other facility receives an affidavit for the disposal of a vessel or outboard motor as provided in this section, such owner shall not be required to obtain an Ohio certificate or title to the vessel or motor in his own name if the vessel or motor is dismantled or destroyed and both copies of the affidavit are delivered to the Clerk of Courts. Upon receipt of such an affidavit, the Clerk of Courts shall send one copy of it to the Chief of the Division of Watercraft.
921.302 Disposal of unclaimed vessel or motor.
(A) Unclaimed vessels or outboard motors ordered into storage under division (B) of Section 921.30 or Section 921.301 of the City Code shall be disposed of at the order of the Chief of Police in any of the following ways:
(1) To a marine salvage dealer.
(2) To any other facility owned, operated, or under contract with the City of Columbus.
(3) To a charitable organization, religious organization, or similar organization not used and operated for profit;
(4) By sale at a public auction by the Chief, or an auctioneer licensed under Chapter 4707 of the Revised Code, after giving notice of the auction by advertisement, published once a week for two consecutive weeks in a newspaper of general circulation in the county.
(B) Any moneys accruing from the disposition of an unclaimed vessel or motor that are in excess of the expenses resulting from the removal and storage of the vessel or motor shall be credited to the general revenue fund of the City of Columbus.
(C) As used in this section, "charitable organization" has the same meaning as in section 1716.01 of the Revised Code.
921.303 Disposal of abandoned vessel or motor.
(A) As used in this section and Section 921.304 of City Code or similar statute in 1547.304 of the Revised Code.
(1)"Abandoned junk vessel or outboard motor," means any vessel or outboard motor meeting all of the following requirements:
(a) It has been left on private property for at least seventy-two hours without the permission of the person having the right to the possession of the property; left in a sunken, beached, or drifting condition for any period of time; or left in a docked condition, on a public street or other property open to the public, or upon or within the right-of-way of any waterway, road, or highway, for forty-eight hours or longer without notification to the Chief of Police of the reasons for leaving the vessel or motor in any such place or condition;
(b) It is three years old, or older;
(c) It is extensively damaged, such damage including but not limited to any of the following: missing deck, hull, transom, gunwales, motor, or out-drive;
(d) It is apparently inoperable;
(e) It has a fair market value of two hundred dollars or less.
(2) "Law enforcement agency" means any organization or unit comprised of law enforcement officers, as defined in Section 2901.01 of the Revised Code.
(B) The Chief of Police, upon notification of such action, shall order any abandoned junk vessel or outboard motor to be photographed by a law enforcement officer. The officer shall record the make of vessel or motor, the hull identification number or serial number when available, and shall also detail the damage or missing equipment to substantiate the value of two hundred dollars or less. The Chief shall thereupon immediately dispose of the abandoned junk vessel or outboard motor to a marine salvage dealer or other facility owned, operated, or under contract to the City for the destruction of such vessels or motors. The records and photographs relating to the abandoned junk vessel or outboard motor shall be retained by the law enforcement agency ordering the disposition of the vessel or motor for a period of at least two years. The law enforcement agency shall execute in quadruplicate an affidavit, as prescribed by the Chief of the Division of Watercraft, describing the vessel or motor and the manner in which it was disposed of, and that all requirements of this section shall have been complied with, and shall sign and file the same with the clerk of courts of the county in which the vessel or motor was abandoned. The clerk of courts shall retain the original of the affidavit for the clrk' file, shall furnish one copy thereof to the Chief of the Division of Watercraft, one copy to the marine salvage dealer or othr faciity handling the disposal of the vessel or moto, and one copy to the law enforcment ageny ordering the disposal, who shall file such copy with the records and photographs relating to the disposal. Any moneys arising from the disposal of an abandoned junk vessel or outboard motor shall be credited to the general revenue fund of the City of Columbus.
Notwithstanding Section 921.301 of the City Code, any vessel or outboard motor meeting the requirements of divisions (A)(1)(c) to (e) of this section which has remained unclaimed by the owner or lien-holder for a period of ten days or longer following notification as provided in Section 921.301 of the City Code may be disposed of as provided in this section.
921.304 Abandonment of vessel or motor without notice to law enforcement official prohibited.
No person shall purposely leave an abandoned junk vessel or outboard motor on private property for more than seventy-two (72) hours without the written permission of the person having the right to the possession of the property; in a sunken, beached, or drifting condition for any period of time; or in a docked condition, on a public street or other property open to the public, or upon or within the right-of-way of any waterway, road, or highway, for forty-eight (48) hours or longer without notification to the Chief of the reasons for leaving the vessel or motor in any such place or condition.
For purposes of this section, the fact that an abandoned junk vessel or outboard motor has been so left without permission or notification is prima-facie evidence of abandonment.
921.31 Muffler or muffler system; noise level violations.
(A) Every powercraft operated on the waterways of the City shall be equipped at all times with a muffler or a muffler system that is in good working order, in constant operation, and effectively installed to prevent excessive or unusual noise.
(B)(1) No person shall operate or give permission for the operation of a powercraft on the waterways of the City in such a manner as to exceed a noise level of ninety decibels on the "A" scale when subjected to a stationary sound level test as prescribed by SAE J2005.
(2) No person shall operate or give permission for the operation of a powercraft on the waterways of the City in such a manner as to exceed a noise level of seventy-five decibels on the "A" scale measured as specified by SAE J1970. Measurement of a noise level of not more than seventy-five decibels on the "A" scale of a powercraft in operation does not preclude the conducting of a stationary sound level test as prescribed by SAE J 2005.
(C) No person shall operate or give permission for the operation of a powercraft on the waterways of the City that is equipped with an altered muffler or muffler cutout, or operate or give permission for the operation of a powercraft on the waterways of the City in any manner that bypasses or otherwise reduces or eliminates the effectiveness of any muffler or muffler system installed in accordance with this section, unless the applicable mechanism has been permanently disconnected or made inoperable.
(D) No person shall remove, alter, or otherwise modify in any way a muffler or muffler system in a manner that will prevent it from being operated in accordance with this section.
(E) No person shall manufacture, sell, or offer for sale a powercraft that is not equipped with a muffler or muffler system that prevents noise levels in excess of those established in division (B)(1) of this section.
(F) This section does not apply to any of the following:
(1) A powercraft that is designed, manufactured, and sold for the sole purpose of competing in racing events. The exception established under division (F)(1) of this section shall be documented in each sale agreement and shall be acknowledged formally by the signatures of the buyer and the seller. The buyer and the seller shall maintain copies of the sale agreement. A copy of the sale agreement shall be kept aboard the powercraft when it is operated. A powercraft to which the exception established under division (F)(1) of this section applies shall be operated on the waterways of the City only in accordance with division (F)(2) of this section.
(2) A powercraft that is actually participating in a sanctioned racing event or in tune-up periods for a sanctioned racing event on the waterways of this city and that is being operated in accordance with division (F)(2) of this section. For the purposes of division (F)(2) of this section, a sanctioned racing event is a racing event that is conducted in accordance with section 1547.20 of the Revised Code or that is approved by the United States coast guard. The operator of a powercraft that is operated on the waterways of this city for the purpose of a sanctioned racing event shall comply with that section and requirements established under it or with requirements established by the coast guard, as appropriate. Failure to comply subjects the operator to this section.
(3) A powercraft that is being operated on the waterways of the City by or for a boat or engine manufacturer for the purpose of testing, development, or both and that complies with division (F)(3) of this section. The operator of such a powercraft shall have aboard at all times and shall produce on demand of a law enforcement officer a current, valid letter issued by the chief of the division of watercraft in accordance with the rules adopted under division (I)(1) of this section.
(G) A law enforcement officer who is trained in accordance with rules adopted under division (I)(2) of this section and who has reason to believe that a powercraft is not in compliance with the noise levels established in this section may direct the operator of the powercraft to submit it to an on-site test to measure the level of the noise emitted by the powercraft. The operator shall comply with that direction. The officer may remain aboard the powercraft during the test at the officer's discretion.
If the level of the noise emitted by the powercraft exceeds the noise levels established in this section, the officer may direct the operator to take immediate and reasonable measures to correct the violation, including returning the powercraft to a mooring and keeping it at mooring until the violation is corrected or ceases.
(H) A law enforcement officer who conducts powercraft noise level test pursuant to this section shall be trained to do so in accordance with the rules adopted under division (I)(2) of this section.
(I) In accordance with Chapter 119 of the Revised Code, the chief shall adopt rules establishing both of the following;
(1) Requirements and procedures for the issuance of letters under division (F)(3) of this section. The rules shall require, without limitation, that each such letter adequately identify the powercraft concerning which the letter is issued and specify the purpose for which the powercraft is being operated.
(2) Requirements and procedures for the training of law enforcement officers who conduct powercraft noise level test pursuant to this section. The rules shall require the training to include, without limitation, the selection of a site where noise level is measured and the calibration and use of noise measurement equipment.
921.32 Vessel dwelling unlawful.
No person shall use any vessel for the purpose of establishing or maintaining a dwelling of either permanent or temporary nature on any of the waterways of the City.
921.321 Vessel camping prohibited.
(A) Vessel camping shall be prohibited on all waterways of the city without written permission from the Director.
(B) As used in this section, vessel camping means habitation and sleeping by any occupant in any vessel after hours of park closure.
921.33 Sink, toilet or sanitary system restrictions.
No person shall launch, moor, dock, use, or operate or permit to be operated on any waterways of the City any vessel that contains a sink, toilet, or sanitary system that is capable of discharging urine, fecal matter, contents of a chemical commode, kitchen wastes, laundry wastes, slop sink drainage, or other household wastes into the waterways of the City. Such sink, toilet, or sanitary system shall be removed or sealed or made to drain into a tank or reservoir that can be carried or pumped ashore for disposal in a sewage treatment works approved by the Director of Environmental Protection.
921.34 Violation resulting in injury or damage is evidence of negligence in a civil action.
Violations of sections 921.03 to 921.33 or similar sections of the Revised Code, which result in injury to persons or damage to property, shall constitute prima facie evidence of negligence in a civil action.
921.38 Rental of improperly equipped vessel prohibited.
No person who lets vessels for hire, or the agent or employee thereof, shall rent, lease, charter, or otherwise permit the use of a vessel, unless the person provides the vessel with the equipment required under Sections 921.25, 921.251, 921.26, 921.27, 921.28, 921.29 and 921.31 of the City Code or similar sections of the Revised Code and rules adopted under this chapter regarding the equipment of vessels, and complies with the requirements of Sections 921.24, 921.40, 921.53, 921.57 of the City Code or similar sections of the Revised Code and either 1547.54 or 1547.542 of the Revised Code and rules adopted under this chapter to implement and enforce those sections.
921.39 Capacity plate required.
(A) No person after January 1, 1977, shall manufacture, sell, or offer for sale any watercraft propelled by machinery as its principal source of power, or watercraft designed to be manually propelled, less than twenty feet in length, and designed to carry two or more persons, manufactured after that date, unless a capacity plate containing the correct information as prescribed by regulations adopted by the United States coast guard, is firmly attached to the watercraft. The capacity plate shall be attached in such location that it is clearly legible from the position designed or intended to be occupied by the operator when underway.
(B) No person shall operate or permit to be operated on the waterways of the City watercraft for which a capacity plate is required under this section unless the capacity plate is attached.
(C) No person shall alter, remove, or deface any information contained on the capacity plate unless the manufacturer has altered the watercraft in such a way that would require a change in the information contained on the capacity plate.
(D) As used in this section, "manufacture" means to construct or assemble a watercraft, or to alter a watercraft in such a manner as to affect or change its weight capacity or occupant capacity.
921.40 Exceeding capacity plate figures; absence of plate.
(A) No person shall operate or permit to be operated on the waterways of the City a watercraft to which a capacity plate is attached, if the total load exceeds the weight capacity indicated on the capacity plate, if the number of persons aboard exceeds the occupant capacity indicated on the capacity plate, or if the horsepower of any attached outboard motor exceeds the maximum horsepower indicated on the capacity plate.
(B) When no capacity plate exists, no person shall operate or permit to be operated on the waterways of the City a watercraft if a reasonably prudent person would believe that either of the following circumstances applies:
(1) The total load aboard the watercraft has associated with it a risk of physical harm to persons or property;
(2) The total horsepower of any inboard engine or attached outboard motor has associated with it a risk of physical harm to persons or property.
921.49 Littering prohibited.
(A) As used in this section, "litter" means garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, vessel parts, vehicle parts, furniture, glass, or anything else of an unsightly or unsanitary nature.
(B) No operator or occupant of a vessel or any other person shall, regardless of intent, throw, drop, discard, or deposit litter from any vessel in operation or control upon or in any waterways of the City, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.
(C) No operator of a vessel in operation upon any waterways of the City shall allow litter to be thrown, dropped, discarded, or deposited from the vessel, except into a litter receptacle in a manner that prevents its being carried away or deposited by the elements.
921.57 Tags indicating expiration date; attachment of identification number.
(A) Except as otherwise provided in division (C) of this section, when the chief of the division of watercraft issues a registration certificate under section 1547.54 of the Revised Code, the chief also shall issue to the applicant two tags not larger than three inches square, color coded, indicating the expiration date of the certificate. The owner of watercraft currently documented by the United States coast guard and for which a registration certificate is issued shall securely affix one tag to the watercraft's port side and the other tag to the starboard side so that the tags are clearly visible under normal operating conditions. The tags shall be removed from the watercraft when they become invalid. The owner of any other watercraft for which a registration certificate is issued shall securely affix one tag to the watercraft's port side, six inches toward the stern from the identification number, and the other tag to the starboard side, six inches toward the stern from the identification number. The tags shall be securely affixed to the watercraft prior to its operation, but shall be removed from the watercraft when they become invalid. A person may operate without a registration certificate issued under section 1547.54 of the Revised Code, for a period not to exceed forty-five days, any watercraft required to be titled on the waters in this state if the person is in compliance with section 1547.531 [1547.53.1] of the Revised Code.
(B) The owner of every watercraft requiring numbering by this state shall attach to each side of the bow of the watercraft the permanent identification number in such manner as may be prescribed by applicable federal standards in order that it shall be clearly visible. The number shall be maintained in a legible condition at all times. No number other than the number assigned to a watercraft or granted by reciprocity pursuant to Chapter 1547 of the Revised Code shall be painted, attached, or otherwise displayed on either side of the bow of the watercraft.
(C) When the chief issues a registration certificate under section 1547.54 of the Revised Code for a canoe, rowboat, or inflatable watercraft that has not been numbered under section 1547.53 of the Revised Code, the chief also shall issue to the applicant a tag not larger than three inches by six inches, with distinguishing color coding and a number for identification purposes. The owner of the canoe, rowboat, or inflatable watercraft for which the registration certificate is issued shall affix the tag securely to a location on the canoe, rowboat, or inflatable watercraft as prescribed by rules adopted by the chief under section 1547.52 of the Revised Code.
(D) No person shall operate or permit to be operated any watercraft on the waters in this City in violation of this section.
921.59 Duties after collision or accident; accident reports.
The operator of a vessel involved in a collision, accident, or other casualty, so far as the person can do so without serious danger to the operator's own vessel, crew, and passengers, shall render to other persons affected by the collision, accident, or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty. The operator also shall give the operator's name, address, and identification of the operator's vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty.
Any person who renders assistance at the scene of a collision, accident, or other casualty involving a vessel is not liable in a civil action for damages or injury to persons or property resulting from any act or omission in rendering assistance or in providing or arranging salvage, towage, medical treatment, or other assistance, except that the person is liable for willful or wanton misconduct in rendering assistance. Nothing in this section precludes recovery from any tortfeasor causing a collision, accident or other casualty, of damages caused or aggravated by the rendering of assistance.
In the case of collision, accident, or other casualty involving a vessel, the operator thereof, if the collision, accident, or other casualty results in loss of life, personal injury requiring medical treatment beyond first aid, or damage to property in excess of five hundred dollars, shall file with the Chief of the Division of Watercraft a full description of the collision, accident, or other casualty, on a form prescribed by the Chief. The report so filed shall be used for statistical purposes only and shall not be admissible for any civil, criminal, or administrative action at law.
If the operator of the involved vessel in a collision, accident, or other casualty is incapacitated, the investigating law enforcement officer shall file the required form as prescribed by the Chief of the Division of Watercraft.
921.63 Enforcement.
Every law enforcement officer, within the area of his authority, may enforce the provisions of this chapter and Chapter 1547 of the Revised Code, and rules adopted by the chief of the division of watercraft, and in the exercise thereof may stop and board any vessel subject to this chapter, or Chapter 1547 of the Revised Code and rules adopted under it.
921.66 Alteration of identifying marks; false information on application.
No person shall deface or alter any serial number, model designation, or other identifying mark on any watercraft or motor as placed thereon by the manufacturer thereof, or remove, deface, or alter the registration number of any watercraft as the registration number appears on the bow thereof except by specific order of the Chief of the Division of Watercraft.
921.69 Firearms offenses; signaling devices.
(A) As used in this section:
(1)"Firearm and handgun have the same meanings as Section 2923.11 of the Revised Code.
(2)"Unloaded" has the same meaning as in Section 2923.16 of the Revised Code.
(B) No person shall knowingly discharge a firearm while in or on a vessel.
(C) No person shall knowingly transport or have a loaded firearm in a vessel, in a manner that the firearm is accessible to the operator or any passenger.
(D) No person shall knowingly transport or have a firearm in a vessel, unless it is unloaded and is carried in one of the following ways:
(1) In a closed package, box, or case;
(2) In plain sight with the action opened or the weapon stripped; or, if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight.
(E) (1) The affirmative defense authorized in divisions (D) (1) and (2) of Section 2923.12 of the Revised Code are affirmative defenses to a charge under division (C) or (D) of this section that involves a firearm other than a handgun, in a vessel that the actor transporting or having a firearm of any type, including a handgun, in a vessel that the actor transported or had the firearm in the vessel for any lawful purpose and while the vessel was on the actor's own property, provided that this affirmative defense is not available unless the actor, prior to arriving at the vessel on the actor's own property, did not transport or possess the firearm in the vessel or in a motor vehicle in a manner prohibited by this section or division (B) or (C) of section 2923.16 of the Revised Code while the vessel was being operated on a waterway that was not on the actor's own property or while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic.
(2) No person who is charged with a violation of division (C) or (D) of this section shall be required to obtain a license or temporary emergency license to carry a concealed handgun under section 2923.1213 of the Revised Code as a condition for the dismissal of the charge.
(F) Divisions (B), (C), and (D) of this section do not apply to the possession or discharge of a United States Coast Guard approved signaling device required to be carried aboard a vessel under section 1547.251 of the Revised Code when the signaling device is possessed or used for the purpose of giving a visual distress signal. No person shall knowingly transport or possess any signaling device of that nature in or on a vessel in a loaded condition at any time other than immediately prior to the discharge of the signaling device for the purpose of giving a visual distress signal.
(G) No person shall operate or permit to be operated any vessel on the waterways of the City in violation of this section.
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(H) This section does not apply to officers, agents, or employees of this or any other state or of the United States or to law enforcement officers when authorized to carry or have loaded or accessible firearms in a vessel and acting within the scope of their duties, nor to persons legally engaging in hunting. Divisions (C) and (D) of this section do not apply to a person who transports or possesses a handgun in a vessel and who, at the time of that transportation or possession, is carrying a valid license or temporary emergency license to carry a concealed handgun issued to the person under section 2923.125 or 2923.1213 of the Revised Code or a license to carry a concealed handgun that was issued by another state with which the attorney general has entered into a reciprocity agreement under section 109.69 of the Revised Code, unless the person knowingly is in a place on the vessel described in division (B) of the section 2923.126 of the Revised Code.
(I) If a law enforcement officer stops a vessel for a violation of this section or any other law enforcement purpose, if any person on the vessel surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop.
921.92 Tampering with navigation aid or vessel prohibited.
No person shall knowingly:
(A) Damage, remove, or tamper with any signal, buoy, or other aid to navigation;
(B) Sever the mooring lines of, set adrift, or tamper with any vessel that is moored or tied up on the waterways of the City.
921.99 Penalties.
(A) Whoever violates Section 921.01-06, 921.01-07, 921.01-08 921.10, division (I) of Section 921.111, Section 921.13, 921.34, 921.66 or Section 921.70 of this chapter is guilty of a misdemeanor of the first degree.
(B) Whoever violates a provision of this chapter or a rule adopted thereunder, for which no penalty is otherwise provided, is guilty of a minor misdemeanor.
(C) Whoever violates Section 921.07 or 921.12 of this chapter without causing injury to persons or damage to property is guilty of a misdemeanor of the fourth degree.
(D) Whoever violates Section 921.07, 921.12, or 921.92 of the City Code causing injury or damage to property is guilty of a misdemeanor of the third degree.
(E) Whoever violates division (G) of Section 921.30 or Section 921.131, 921.25, 921.321, 921.33, 921.38, 921.39, 921.40, 921.69, or 921.92 of this chapter is guilty of a misdemeanor of the fourth degree.
(F) Whoever violates Section 921.11 of the City Code is guilty of a misdemeanor of the first degree and shall be punished as provided in division (F)(1), (2) or (3) of this section.
(1) Except as otherwise provided in division (F)(2) or (3) of this section, the court shall sentence the offender to a term of imprisonment of three consecutive days and may sentence the offender pursuant to section 2929.21 of the Revised Code to a longer term of imprisonment. In addition, the court shall impose upon the offender a fine of not less than one hundred fifty or more than one thousand dollars.
The court may suspend the execution of the mandatory three consecutive days of imprisonment, that is required to impose by division (F)(1) of this section in the court, in lieu of the suspended term of imprisonment, places the offender on probation and requires the offender to attend, for three consecutive days, a drivers' intervention program that is certified pursuant to section 3793.10 of the Revised Code. The court also may suspend the execution of any part of the mandatory three consecutive days of imprisonment that is required to impose by division (F)(1) of this section if the court places the offender on probation for part of the three consecutive days; requires the offender to attend, for that part of the three consecutive days, a drivers' intervention program that is certified pursuant to section 3793.10 of the Revised Code; and sentences the offender to a term of imprisonment equal to the remainder of the three consecutive days that the offender does not spend attending the drivers' intervention program. The court may require the offender, as a condition of probation, to attend and satisfactorily complete any treatment or education programs, in addition to the required attendance at a drivers' intervention program, that the operators of the drivers' intervention program determine that the offender should attend and to report periodically to the court on the offender's progress in the program. The court also may impose any other conditions of probation on the offender that it considers necessary.
(2) If, within five years of the offense, the offender has not been convicted of or pleaded guilty to a violation of Section 921.11 of the City Code, or Section 1547.11 of the Revised Code, or a municipal ordinance relating to operating a watercraft or manipulating any water skis, aquaplane, or similar device while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, of a municipal ordinance relating to operating a watercraft or manipulating any water skis, aquaplane, or similar device with a prohibited concentration of alcohol in the blood, breath or urine, of division (A)(1) of section 2903.06 of the Revised Code or former section 2903.06 or 2003.07 of the Revised Code in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the court shall sentence the offender to a term of imprisonment of ten consecutive days and may sentence the offender pursuant to section 2929.21 of the Revised Code to a longer term of imprisonment. In addition, the court shall impose upon the offender a fine not less than one hundred fifty or more than one thousand dollars.
In addition to any other sentence that it imposes upon the offender, the court may require the offender to attend a drivers' intervention program that is certified pursuant to section 3793.10 of the Revised Code.
(3) If, within five years of the offense, the offender has been convicted of or pleaded guilty to more than one violation of division (F)(2) of this section, the court shall sentence the offender to a term of imprisonment of thirty consecutive days and may sentence the offender to a longer term of imprisonment of not more than one year. In addition, the court shall impose upon the offender a fine of not less than one hundred fifty or more than one thousand dollars.
In addition to any other sentence that it imposes upon the offender, the court may require the offender to attend a drivers intervention program that is certified pursuant to section 3793.10 of the Revised Code.
(4) Upon a showing that imprisonment would seriously affect the ability of an offender sentenced pursuant to division (F)(1), (2) or (3) of this section to continue the offender's employment, the court may authorize that the offender be granted work release from imprisonment after the offender has served the three, ten or thirty consecutive days of imprisonment that the court is required by division (F)(1), (2) or (3) of this section to impose. No court shall authorize work release from imprisonment during the three, ten, or thirty consecutive days of imprisonment that the court is required by division (F)(1), (2), or (3) of this section to impose. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and the place of imprisonment and the time actually spent under employment.
(5) Notwithstanding any section of the City Code or Revised Code that authorizes the suspension of the imposition or execution of a sentence or the placement of an offender in any treatment program in lieu of imprisonment, no court shall suspend the ten or thirty consecutive days of imprisonment required to be imposed by division (F)(2) or (3) of this section or place an offender who is sentenced pursuant to division (F)(2) or (3) of this section in any treatment program in lieu of imprisonment until after the offender has served the ten or thirty consecutive days of imprisonment required to be imposed pursuant to division (F)(2) or (3) of this section.
Notwithstanding any section of the City Code or Revised Code that authorizes the suspension of the imposition or execution of a sentence or the placement of an offender in any treatment program in lieu of imprisonment, no court, except as specifically authorized by division (F)(1) of this section, shall suspend the three consecutive days of imprisonment required to be imposed by division (F)(1) of this section or place an offender who is sentenced pursuant to division (F)(1) of this section in any treatment program in lieu of imprisonment until after the offender has served three consecutive days of imprisonment required to be imposed pursuant to division (F)(1) of this section.
(G) Whoever violates Section 921.304 of the City Code or similar section of the Revised Code is guilty of a misdemeanor of the fourth degree and also shall be assessed any costs incurred by the City in disposing of an abandoned junk vessel or outoardmotor, less any money acruing to the City.
(H) Whoever violates division (B) or (C) of Section 921.49 of the City Code or similar section of the Revised Code is gulty o a minor misdemeanor.
(I) Whoever vilates section 921.31 of the City ode or 154.31 of the Revised Code is guilty of a misdemeanor of the fourth degree on a first offense. On each subsequent offense, the person is guilty of a misdemeanor of the third degree.
(J) Whoever violates section 921.05 or 921.051 of the City Code or 1547.05 or 1547.051 of the Revised Code is guilty of a misdemeanor of the fourth degree if the violation is not related to a collision, injury to a person, or damage to property and a misdemeanor of the third degree if the violation is related to a collision, injury to a person, or damage to property.
(K) The sentencing court, in addition to the penalty provided under this section for a violation of this chapter or rule adopted under it that involves a powercraft powered by more than ten horsepower and that, in the opinion of the court, involves a threat to the safety of persons or property, shall order the offender to complete successfully a boating course approved by the national association of state boating law administrators before the offender is allowed to operate a powercraft powered by more than ten horsepower on the waterways of this City. Violation of a court order under this division is punishable as contempt under Chapter 2705 of the Revised Code.
SECTION 2. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.