As used in this Water Traffic Code, certain terms are defined as follows:
(a) “Waters of Cleveland” means any waters within the jurisdiction of the City of Cleveland in which any watercraft is or may be operated, and includes the waters of Lake Erie and the Cuyahoga River. Jurisdiction in Lake Erie includes all waters within the easterly and westerly City limits and extends into Lake Erie to the distance of two (2) miles from the natural shore line.
(b) “Watercraft” means any of the following when used or capable of being used for transportation on the water:
(1) A boat operated by machinery either permanently or temporarily affixed;
(2) A sailboat other than a sailboard;
(3) An inflatable, manually propelled boat having a hull identification number assigned by and meeting the requirements of the United States Coast Guard;
(4) A canoe or rowboat.
“Watercraft” does not include ferries as referred to in RC Chapter 4583.
Watercraft subject to Section 481.06 shall be divided into four (4) classes as follows:
Class A: Less than sixteen (16) feet in length;
Class one (1): At least sixteen (16) feet but less than twenty-six (26) feet in length;
Class two (2): At least twenty-six (26) feet but less than forty (40) feet in length;
Class three (3): At least forty (40) feet but not more than sixty-five (65) feet in length.
Any watercraft over sixty-five (65) feet in length shall comply with Federal regulations.
(c) “Rowboat” means any watercraft designed to be rowed or paddled and which is propelled by human muscular effort by oars, paddles or other contrivances upon which no mechanical propulsion device, electric motor, internal combustion engine or sail has been affixed or is used for the operation of such watercraft, and include a canoe, kayak, raft or paddleboard.
(d) “Motorboat” means any powercraft as defined in division (g) hereof not more than sixty-five (65) feet in length, measured parallel to the center line from end to end in a straight line from the foremost part of the vessel to the aftermost. Bowsprints, bumpkins, rudders, outboard motors and brackets and similar fittings or attachments are not to be included. Length shall be stated in feet and inches.
(e) “Sailboat” means any watercraft equipped with mast and sails, dependent upon the wind to propel such watercraft in the normal course of operation of such watercraft.
(1) Any sailboat equipped with an inboard engine is deemed a powercraft with auxiliary sail.
(2) Any sailboat equipped with a detachable motor is a sailboat with auxiliary power.
(3) Any sailboat being propelled by mechanical power, whether under sail or not, is deemed a powercraft and subject to all laws and rules and regulations governing powercraft operation.
(f) “Emergency watercraft” means police, fire and state patrol watercraft when identified as such and watercraft commandeered by police officers.
(g) “Powercraft” means any watercraft propelled by machinery, fuel, rockets or similar device.
Powercraft subject to the Cleveland Water Traffic Code shall be divided into four (4) classes as follows:
Class A with length less than sixteen (16) feet.
Class one (1) with length sixteen (16) but less than twenty-six (26) feet.
Class two (2) with length twenty-six (26) but less than forty (40) feet.
Class three (3) with length forty (40) but not more than sixty-five (65) feet.
Powercraft over sixty-five (65) feet in length shall comply with Federal regulations.
(h) “Person” includes any individual, firm, partnership, corporation, company, association or body politic, except the United States and the State of Ohio, and includes any agent, trustee, executor, receiver, assignee or other representative thereof.
(i) “Owner” includes any person who claims lawful possession of a watercraft by virtue of legal title or equitable interest therein which entitles him or her to such possession.
(j) “Operator” includes any person who navigates, or has under his or her control, a watercraft, or watercraft and detachable motor on the waters of the City.
(k) “Visible” means visible on a dark night with clear atmosphere.
(l) “Starboard” means right, and reference is to the right or starboard side of a watercraft when looking forward on such watercraft.
(m) “Port” means left, and reference is to the left or port side of a watercraft when looking forward on such watercraft.
(n) “Anchorage” means a designated position where vessels or watercraft may anchor or moor.
(o) “Aquatic event” means any organized water event of limited duration which is duly sanctioned by the Commanding Officer of the Ninth Coast Guard District at least thirty (30) days prior to the start of such event and includes marine regattas and marine parades, which by their nature, circumstances or location will introduce extra or unusual hazards to the safety of life on navigable waters.
(p) “Authorized emergency vessel” means any authorized watercraft, patrolboat of the Cleveland Safety Department, Port Control Department, United States Government, State of Ohio or Cuyahoga County authorized patrol vessels or watercraft, and watercraft when commandeered by Cleveland police officers.
(q) “Diver’s flag” means a red flag five (5) units of measurement on the hoist by six (6) units of measurement on the fly with a white stripe of one (1) unit crossing the red diagonally with the flag having a stiffener. This flag pertains only to skin and SCUBA (Self Contained Underwater Breathing Apparatus) diving and supplements any nationally recognized diver’s flag or marking.
(r) “Master” means the captain, skipper, pilot or any person having charge of any vessel or watercraft.
(s) “Obstruction” means any vessel or watercraft or any matter which may in any way blockade, interfere with or endanger any vessel or watercraft or impede navigation or which cannot comply with the pilot rules of the Great Lakes.
(t) “Oil” means any oil or liquid, whether of animal, vegetable or mineral origin, or a mixture, compound or distillation thereof.
(u) “Pier” means any pier, wharf, dock, float, gridiron or other structure to promote the convenient loading or unloading or other discharge of vessels or watercraft, or the repair thereof.
(v) “Breakwall” means any construction of stone, steel or other material constructed mainly as a barrier which breaks the force of waves.
(w) “Government Breakwall” means the stone breakwall starting from a point north of Gordon Park which supports the lighthouse referred to as the East- Light, extending westerly to a point north of the mouth of the entrance of the Cuyahoga River, starting again at the entrance to the Cleveland Harbor and extending westerly upon which is erected the Cleveland Harbor entrance Lighthouse. Reference shall be made as to the East Government Breakwall and the West Government Breakwall.
(x) “Cleveland Harbor” means all water protected by the Government Breakwall.
(y) “Restricted area” means an area that has been designated in accordance with and as authorized by the laws or regulations of the City to be used for, or closed to, certain designated purposes, such as swimming, skin diving, skiing, fishing, aquatic events and any other water activities.
(z) “Water ski” means all forms, manners, means or contrivances used by persons or persons being towed behind a motorboat or watercraft.
(aa) “Coast Guard approved” means bearing an approval number assigned by the United States Coast Guard.
(bb) “Wake” means the track, waves, path or disturbance left in the water by a watercraft, either by means of its movement through the water or by its power, exhaust or propeller, whether such watercraft is actually moving or not.
(cc) “Boat number” means a series of letters and numerals assigned to the owner by the Ohio Division of Watercraft. The number shall be designated on a certificate of number issued to each boat owner in accordance with a system of numbering which shall be uniform throughout the United States and its territories.
(dd) “Water traffic control devices” means all signs, signals and markings, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding marine or water traffic, including no mooring signs or limited docking signs at public piers, wharves, docks, floats, etc.
(ee) “Personal flotation device” means a type of device designed as follows:
Type
|
Purpose
|
Buoyancy
| |
Kilograms
|
Pounds
| ||
1 | Turns an unconscious person floating in water from face down position to a vertical or slightly face up position. | 9 | 20 |
2 | Turns an unconscious person floating in water from face down position to a vertical or slightly face up position. | 7 | 15.4 |
3 | Keeps a conscious person in a vertical or slightly face up position. | 7 | 15.4 |
4 | Thrown to a person in the water and not worn. | 7.5 | 16.5 |
(Ord. No. 755-A-86. Passed 10-27-86, eff. 10-31-86)