381.01 DEFINITIONS.

   As used in this chapter:

   (a)   "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 Ohio R.C. Chapter 4583.

      Watercraft subject to the provisions of this chapter shall be divided into four classes as follows:

      Class A:   Less than sixteen feet in length;

      Class 1:   At least sixteen feet but less than twenty-six feet in length;

      Class 2:   At least twenty-six feet but less than forty feet in length;

      Class 3:   At least forty feet but not more than sixty-five feet in length.

      Any vessel over sixty-five feet in length shall comply with federal regulations.

   (b)   "Rowboat" means any vessel designed to be rowed and which 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.

   (c)   "Sailboat" means any vessel, equipped with mast and sails, dependent upon the wind to propel it in the normal course of operation.

      (1)   Any sailboat equipped with an inboard engine is deemed a powercraft with auxiliary sail;

      (2)   Any sailboat equipped with a detachable motor is deemed a sailboat with auxiliary power.

      (3)   Any sailboat being propelled by mechanical power whether under sail or not, is deemed a powercraft and is subject to all laws and rules governing powercraft operation;

   (d)   "Powercraft" means any vessel propelled by machinery, fuel, rockets or similar devices.

   (e)   "Person" includes any individual, firm, partnership, corporation, company, association or body politic, except the United States and this City and includes any agent, trustee, executor, receiver, assignee or other representative thereof.

   (f)   "Owner" includes any person who claims lawful possession of a vessel by virtue of legal title or equitable interest therein which entitled him to such possession.

   (g)   "Operator" includes any person who navigates or has under his control a vessel, or vessel and detachable motor, on the waters in this City.

   (h)   "Visible" means visible on a dark night with a clear atmosphere.

   (i)   "Waters in this City" means all streams, rivers, lakes, ponds, marshes, watercourses, waterways and all other bodies of water, natural or man-made, which are situated wholly or partially within this City or within its jurisdiction and are used for recreational boating.

   (j)   "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 City, except inland lakes having neither a navigable inlet nor outlet.

   (k)   "In operation" in reference to vessels means that the vessel is being navigated or otherwise used on the waters in this City.

   (l)   "Sewage" means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body waste.

   (m)   "Canoe" means a narrow vessel of shallow draft, pointed at both ends and propelled by human muscular effort and includes kayaks.

   (n)   "Coast Guard approved" means bearing an approval number assigned by the United States Coast Guard.

   (o)   "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 which has at least nine kilograms, approximately twenty pounds, of buoyancy.

   (p)   "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 to have at least seven kilograms, approximately fifteen and four-tenths pounds, of buoyancy.

   (q)   "Type three personal flotation device" means a device which is designed to keep a conscious person in a vertical or slighting face upward position and to have at least seven kilograms, approximately fifteen and four-tenths pounds, of buoyancy.

   (r)   "Type four personal flotation device" means a device which is designed to be thrown to a person in the water and not worn, and is designed to have at least seven and five-tenths kilograms, approximately sixteen and five-tenths pounds, of buoyancy.

   (s)   "Recreational hybrid personal flotation device" means a type five personal flotation device that has one inflation chamber in combination with inherently buoyant material and is approved for use on a recreational boat. As used in this chapter, "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.

   (t)   "Inflatable vessel" means any vessel constructed of rubber, canvas or other material which is designed to be inflated with any gaseous substance, constructed with two or more air cells, and operated as a vessel. An inflatable vessel propelled by a motor shall be classified as powercraft and shall be registered by length.

   (u)   "Idle speed" means the slowest possible speed needed to maintain steerage or maneuverability.

   (v)   "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.

   (w)   "Muffler" means an acoustical filtering device containing a baffle or baffles, including water-cooled exhaust risers, elbows or both, that when installed in or on the exhaust pipe of an internal combustion engine results in a reduction of exhaust noise.

   (x)   "Vessel" includes every description of watercraft, including nondisplacement craft and seaplanes, used or capable of being used as a means of transportation on water.

   (y)   "Law enforcement vessel" means any vessel used in law enforcement and under the command of a law enforcement officer.

   Unless otherwise provided, the provisions of this chapter shall be applicable to all vessels operating on the waters in this City. Nothing contained in this chapter shall be construed in contravention of any valid federal act or rule, but shall be deemed in addition thereto where not inconsistent therewith.

   The City fully reserves to itself the exclusive right to regulate the minimum equipment requirements of vessels operated upon the waters in this City.

(Ord. 91-9-119. Passed 9-25-91.)