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(a) (1) Except as provided in division (a)(2) of this section, no person born on or after January 1, 1982, shall operate on the waters in this Municipality 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 nonproctored proficiency examination that tests 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.
(2) Division (a)(1) of this section does not apply to an individual who possesses valid merchant mariner credentials issued by the United States Coast Guard in accordance with 46 C.F.R. 10.109 with at least one endorsement of master or operator as defined in 46 C.F.R. § 10.107. Such an individual, while operating any recreational vessel on the waters in this municipality, shall carry onboard documentation of the merchant mariner credentials and required endorsements and shall present the documentation to a natural resources officer or law enforcement officer upon request.
(3) No person shall permit a powercraft to be operated in this Municipality in violation of this division (a)(1) of this section.
(b) A person born on or after January 1, 1982, who is operating on the waters in this Municipality a powercraft powered by more than 10 horsepower and who is stopped by a law enforcement officer in the enforcement of Ohio R.C. Chapter 1547 or rules shall present to the law enforcement officer, not later than 72 hours after being stopped, a certificate obtained by the person pursuant to division (a) of this section 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 72 hours constitutes prima facie evidence of a violation of division (a) of this section.
(c) No rental business shall lease, hire, or rent a powercraft powered by more than 10 horsepower for operation on the waters in this Municipality 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 division (a) of this section.
(2) The person receives educational materials from the rental business and successfully passes, with a score of 90% 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.
(d) 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 (c) of this section.
(2) Be named as an operator on the agreement that leases, hires, or rents the powercraft.
(e) The Division of Parks and Watercraft shall make available to all watercraft rental businesses in the State boater safety educational materials and an abbreviated examination that shall be used by the watercraft rental business for the purposes of division (c)(2) of this section.
(f) Whoever violates division (a) or (b) of this section 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.
(g) Whoever violates division (c) or (d) of this section is guilty of a minor misdemeanor.
(h) The sentencing court, in addition to the penalty provided under this section for a violation of this section that involves a powercraft powered by more than 10 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 10 horsepower on the waters in this State. Violation of a court order entered under this division is punishable as contempt under Ohio R.C. Chapter 2705.