The following rules for preventing collisions shall be followed in the navigation of all public and private watercraft operating upon the waters of Cleveland.
(a) Every watercraft which is under way propelled by sail alone shall be considered a sailboat. Every watercraft which is under way propelled by sail and machinery shall be considered a powercraft. Every watercraft shall be considered under way when it is not at anchor or made fast to the shore or aground. In addition to any other situation, risk of collision shall be determined to exist whenever the compass bearing of the approaching watercraft remains substantially the same.
(b) When two (2) sailboats are approaching one (1) another so as to involve the risk of collision, one (1) of them shall keep out of the way of the other, as follows, namely:
(1) When one (1) sailboat has the wind on the port side and the other has the wind on the starboard side, the sailboat with the wind of the port side shall keep out of the way of the sailboat with the wind on the starboard side;
(2) When both sailboats have the wind on the same side, the sailboat which is to the windward shall keep out of the way of the sailboat which is to leeward;
(3) When a sailboat with the wind on the port side sees a sailboat to windward and cannot determine with certainty whether the other sailboat has the wind on the port or the starboard side, it shall keep out of the way of the other sailboat.
(c) When two (2) powercraft are meeting on reciprocal or nearly reciprocal courses, so as to involve the risk of collision, each shall alter its course to starboard, so that each shall pass on the port side of the other.
(d) When two (2) powercraft are crossing at right angles or obliquely, so as to involve the risk of collision, the powercraft which has the other on its own starboard side shall keep out of the way and shall, if possible, avoid crossing ahead of the other.
(e) When a powercraft and a sailboat are proceeding in such directions as to involve the risk of collision, the powercraft shall yield the right-of-way to the sailboat, except when the sailboat is overtaking the powercraft.
(f) Every watercraft which is directed by these rules to yield the right-of-way to another watercraft shall, on approaching such other watercraft, if necessary, slacken its speed, stop, reverse or alter course. Where, by any of the rules prescribed in the Water Traffic Code, or RC Chapter 1547, one (1) of two (2) watercraft shall yield the right-of-way, the other shall keep its course and speed.
(g) Notwithstanding anything contained in this section, every watercraft overtaking another shall yield the right-of-way to the overtaken watercraft. Every watercraft coming up with another watercraft from any direction more than twenty-two and one-half (22.5) degrees abaft the other’s beam, that is, as such a position with reference to the watercraft which it is overtaking that at night it would be unable to see either of the other’s side or combination bow lights, is an overtaking watercraft; and no subsequent alteration of bearing between the two (2) watercraft shall make the overtaking watercraft a crossing watercraft within the meaning of this section, or relieve it of the duty of keeping clear of the overtaken watercraft until it is finally passed and clear. If the overtaking watercraft is in doubt as to whether it is forward of or abaft this direction from the other watercraft, it should assume that it is an overtaking watercraft and yield the right-of- way.
(h) In rivers and streams or other areas in which there is a water current, the descending watercraft shall have the right-of-way over a watercraft which is ascending.
(i) When a powercraft and a rowboat are proceeding in such direction as to involve the risk of collision, such powercraft shall yield the right-of-way to such rowboat.
(j) Watercraft leaving a dock, boat slip or tie-up space shall yield the right-of-way to all watercraft approaching such dock, boat slip or tie-up space.
(k) At all times the operator of a watercraft shall maintain a proper lookout required by the ordinary practice of seamen and by the special circumstances of the case.
(l) In obeying and construing this section, due regard shall be had to all dangers of navigation and collision and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger.
(Ord. No. 755-A-86. Passed 10-27-86, eff. 10-31-86)