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(a) Every powercraft operated on the waters in this municipality 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 waters in this municipality in such a manner as to exceed a noise level of 90 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 waters in this municipality in such a manner as to exceed a noise level of 75 decibels on the “A” scale measured as specified by SAE J1970. Measurement of a noise level of not more than 75 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 J2005.
(c) No person shall operate or give permission for the operation of a powercraft on the waters in this municipality that is equipped with an altered muffler or muffler cutout, or operate or give permission for the operation of a powercraft on the waters in this municipality 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 this division (f)(1) 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 this division (f)(1) applies shall be operated on the waters in this municipality 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 waters in this municipality and that is being operated in accordance with this division (f)(2). For the purposes of this division (f)(2), a sanctioned racing event is a racing event that is conducted in accordance with § 670.18 or R.C. § 1547.20 or that is approved by the United States Coast Guard. The operator of a powercraft that is operated on the waters in this municipality for the purpose of a sanctioned racing event shall comply with § 670.18 and R.C. § 1547.20 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 waters in this municipality by or for a boat or engine manufacturer for the purpose of testing, development, or both and that complies with this division (f)(3). 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 Parks and Watercraft in accordance with rules adopted under R.C. § 1547.31(I)(1). Failure to produce the letter subjects the operator to this section.
(g) A law enforcement officer who is trained in accordance with rules adopted under R.C. § 1547.31(I)(2) 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 the mooring until the violation is corrected or ceases.
(h) A law enforcement officer who conducts powercraft noise level tests pursuant to this section shall be trained to do so in accordance with rules adopted under R.C. § 1547.31(I)(2).
(R.C. § 1547.31(A) - (H))
(i) Whoever violates this section 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.
(R.C. § 1547.99(J))
(Prior Code, § 670.29)
(a) 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 R.C. §§ 1547.25, 1547.251, 1547.26, 1547.27, 1547.28, 1547.29, and 1547.31 and rules, or any substantially equivalent municipal ordinances, regarding the equipment of vessels, and complies with the requirements of R.C. §§ 1547.24, 1547.40, 1547.53, 1547.57, and either R.C. § 1547.54 or 1547.542, and rules, or any substantially equivalent municipal ordinances, to implement and enforce those sections.
(R.C. § 1547.38)
(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(R.C. § 1547.99(F))
(Prior Code, § 670.30)
(a) Required; display.
(1) 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 20 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 a location that it is clearly legible from the position designed or intended to be occupied by the operator when the watercraft is underway.
(2) No person shall operate or permit to be operated on the waters in this municipality watercraft for which a capacity plate is required under this section unless the capacity plate is attached.
(3) 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.
(4) As used in this division (a), 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.
(R.C. § 1547.39)
(b) Prohibitions.
(1) No person shall operate or permit to be operated on the waters in this municipality 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.
(2) When no capacity plate exists, no person shall operate or permit to be operated on the waters in this municipality a watercraft if a reasonably prudent person would believe that either of the following circumstances applies:
A. The total load aboard the watercraft has associated with it a risk of physical harm to persons or property;
B. The total horsepower of any inboard engine or attached outboard motor has associated with it a risk of physical harm to persons or property.
(R.C. § 1547.40)
(c) Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree.
(R.C. § 1547.99(F))
(Prior Code, § 670.31)
(a) Watercraft dwelling unlawful if a nuisance; exception. No person shall use any vessel for the purpose of establishing or maintaining a dwelling which creates a nuisance of either permanent or temporary nature on any of the waters in this state except Lake Erie, the Muskingum River, the Ohio River, and the immediately connected harbors and anchorage facilities or in such other areas as may be designated for the purpose.
(R.C. § 1547.32)
(b) Discharging sanitary systems prohibited; exception. Except on the waters of Lake Erie, the Muskingum River, or the Ohio River, no person shall launch, moor, dock, use, operate, or permit to be operated on any of the waters in this state 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 waters in this state. Such a sink, toilet, or sanitary system shall be removed, 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.
(R.C. § 1547.33)
(c) Penalty. Whoever violates division (b) of this section is guilty of a misdemeanor of the fourth degree.
(R.C. § 1547.99(F))
(Prior Code, § 670.32)
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