CHAPTER 971
Clearfork Reservoir
Clearfork Reservoir
971.01 Definitions.
971.02 General regulations.
971.021 Special provisions and regulations.
971.03 Vehicular operation and parking.
971.04 Speed of power boats.
971.05 Watercraft to carry lights.
971.06 Flashing lights prohibited; exceptions.
971.07 Siren prohibited.
971.08 Operating regulations; risk of collision; right of way.
971.09 Child operators; supervising person.
971.10 Reckless operation.
971.11 Operation in restricted areas.
971.12 Mooring prohibited in certain areas.
971.13 Operating under influence of alcohol, drugs prohibited; evidence.
971.131 Implied consent.
971.14 Incapacitated operators prohibited.
971.15 Sale of single-celled inflatable watercraft prohibited.
971.16 Sitting, standing or walking on moving craft restricted.
971.17 Engine warm-up required for certain commercial watercraft.
971.18 Children under ten must wear flotation device.
971.19 Specification for flotation devices.
971.20 Distress flag required.
971.21 Anchor, whistle and bell requirements.
971.22 Specification for fire extinguishers; prohibition.
971.23 Backfire flame arrestop.
971.24 Ventilation required on powercraft.
971.25 Abandonment forbidden; procedures for redeeming or disposing of
abandoned watercraft or outboard motor.
abandoned watercraft or outboard motor.
971.26 Exhaust muffler required.
971.27 Craft used as dwelling prohibited if nuisance created; exceptions.
971.28 Discharging sanitary systems prohibited; exception.
971.29 Duty to provide safety equipment.
971.30 Attachment of capacity plate required.
971.31 Load, occupant and horsepower limitations.
971.32 Numbering watercraft required.
971.33 Display of number.
971.34 Tampering offenses.
971.35 Operating watercraft without certificate of title.
971.36 Administration and enforcement.
971.37 Sailboard operation.
971.38 Requirements for operation of certain powercraft by persons born in
1982 or later.
1982 or later.
971.39 Duty to present certificate or proof of holding it.
971.40 Powercraft rentals to persons born in 1982 or later.
971.99 Penalty.
CROSS REFERENCES
See sectional histories for similar State law
Watercraft; navigation - see Ohio R.C. Ch. 1547
Littering - see GEN. OFF. 521.08
Vandalism - see GEN. OFF. 541.04
971.01 DEFINITIONS.
As used in this chapter:
(a) "Watercraft" means any contrivance used or designed for navigation on water, including, but not limited to any vessel, boat, motor vessel, steam vessel, vessel operated by machinery either permanently or temporarily affixed, scow, tugboat or any marine equipment which is capable of carrying passengers, excepting ferries as referred to in Ohio R.C. Chapter 4583.
(b) "Rowboat" means any watercraft 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 watercraft.
(c) "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 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 subject to all laws and rules governing powercraft operation.
(d) "Powercraft" means any watercraft propelled by machinery, fuel, rockets or similar device.
(e) "Person" includes any individual, firm, partnership, corporation, company, association or body politic, except the United States and this State and includes any agent, trustee, executor, receiver, assignee or other representative thereof.
(f) "Owner" includes any person who claims lawful possession of a watercraft 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 watercraft, or watercraft and detachable motor on the waters of this City.
(h) "Visible" means visible on a dark night with clear atmosphere.
(i) "Waters of this City" means all streams, rivers, lakes, ponds, marshes, watercourses, waterways and all other bodies of water, natural or manmade, which are situated wholly or partially within this City or within its jurisdiction, and used for recreational purposes, including but not limited to Clearfork Reservoir.
(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 State, except inland lakes having neither a navigation inlet or outlet.
(k) "In operation", in reference to watercraft, means that the watercraft is being navigated or otherwise used on the waters of 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 watercraft 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 which has 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 slightly face upward position and which has 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) "Inflatable watercraft" means any watercraft 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 watercraft. Inflatable watercraft propelled by a motor shall be classified as powercraft and shall be registered by length.
(t) "Idle speed" means the slowest possible speed needed to maintain steerage or maneuverability.
(u) "Divers 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.
(v) "Muffler" means an accoustical 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. (ORC 1547.01)
(w) "Sailboard" means a contrivance not more than thirteen feet long and three feet wide which has an unsupported mast, a boom, daggerboard/centerboard and sail and is designed for propulsion by the wind and to carry not more than one person. (Ord. 86-120. Passed 5-20-86.)
Unless otherwise provided, the provisions of this chapter shall be applicable to all watercraft operating on the waters of this City. Nothing contained in this chapter shall be construed in contravention of any valid federal act or regulation, but shall be deemed in addition thereto where not inconsistent therewith. (ORC 1547.01)
971.02 GENERAL REGULATIONS.
The following special regulations set forth in this section and Section 971.03 relating to the use of the waters of, and the land area surrounding, Clearfork Reservoir Lake, are hereby established and adopted:
(a) Fishing and Ice Fishing Permitted. All fishing, including ice fishing, must be in accordance with ODNR fishing regulations. Provided that no person shall go upon any frozen water of the lake using a motorized vehicle, for any purpose at any time.
(1) No person shall go upon any frozen water of the lake for any reason other than ice fishing.
(b) Boat Fishing. Boat fishing includes the entire area of the Clearfork Reservoir Lake except that area within 500 lineal feet upstream from the dam.
(c) Shore Fishing.
(1) Shore fishing is permitted from 1,000 feet upstream from the dam along the south shore to State Route 314, thence east along the north shore to Bowers Road, thence north along the west shore to Orweiler Road.
(2) No person shall shore fish on the north shore of the Lake from the dam to Orweiler Road or fish in any area where not permitted.
(d) Watercraft.
(1) No person shall cause a watercraft to enter or leave the waters of the Lake, or to be docked, at any point on the shoreline other than areas designated by the City.
(2) Watercraft which are unsafe for navigation upon water shall not be permitted upon the Clearfork Reservoir area.
(3) The City assumes no liability whatsoever for the safety of watercraft, operators or persons upon watercraft.
(e) Camping. Tents, temporary structures, trailers and camping shall be lawful only in areas designated by the City.
(f) Swimming. Swimming or wading on any of the Lake area upstream from the dam is prohibited.
(g) Dam and Spillway. No person shall enter upon the dam, spillway, abutments or in or upon any of the buildings or structures connected to or used in conjunction therewith, or within 1,000 feet upstream from the dam or within the area bounded by Lexington-Ontario Road, Gass Road and State Route 97, and the east shore line.
(h) Property Destruction. No person shall destroy, injure, mutilate or remove any tree, bush, shrub or any other property, real or personal.
(i) Fires. No person shall kindle, start or maintain a fire or have a picnic except in picnic. areas designated by the City.
(j) Signs. No person shall erect, construct, post, maintain or display signs of any character or nature except parking, picnic and other signs authorized by the City.
(k) Garbage; Water Pollution. No person shall deposit any garbage, rubbish or trash in trash barrels other than trash generated or originating in the fishing and picnic areas, and no person shall deposit garbage, trash or rubbish in the waters or upon the lands of the Clearfork Reservoir area, or shall in any way or manner cause pollution of the waters or lands of the Clearfork Reservoir area.
(l) Animals. No person shall have a dog, animal or other pet within any park or picnic area unless upon a leash.
(m) Hunting. No person shall hunt on the south shore of the Reservoir Lake in the area bound by Gass Road on the east, by Bowers Road on the west and by State Route 97 on the south.
(1) Hunting, except as set forth in paragraph (m) herein shall be in accordance with the Ohio Hunting and Trapping Regulations issued annually by the Ohio Department of Natural Resources’ Division of Wildlife as such pertain to Whitetail Deer Hunting, Small Game and Furbearer hunting, Furbearer trapping, Youth Waterfowl hunting, Military Waterfowl hunting and Waterfowl hu nting according to the appropriate zone as determined by ODNR. No other type of hunting or trapping shall be permitted.
(2) Hunting shall be limited to the use of longbows, crossbows, shotguns and muzzleloaders.
(3) Waterfowl hunting as set forth herein, shall be limited to the period of time from thirty (30) minutes before sunrise until sunset during the appropriate season.
(n) Intoxicants. No person shall be in possession or control of an open container of an alcoholic beverage or be found in a state of intoxication or, being intoxicated, shall disturb the peace and good order, or shall conduct himself in a disorderly manner within the Clearfork Reservoir Lake area.
(o) Horseback Riding. No person shall ride a horse, or permit a horse to be, on any area of the Clearfork Reservoir Lake area except the main roads of the area as designated by the Public Works Director.
(Ord. 21-204. Passed 10-5-21.)
971.021 SPECIAL PROVISIONS AND REGULATIONS.
(a) Management.
(1) The manager shall oversee and be responsible for the care, maintenance and operation of the camping facilities, dock facilities and concessions in the Clearfork Reservoir campground.
(2) All persons licensed to camp, dock or store their property at the Clearfork Reservoir campground shall be subject to the following conditions which shall be provided and agreed to in writing in advance of using the facilities:
A. This license shall run from April 1 through November 1 in the year first above-written.
B. This license is non-assignable.
C. Licensee agrees to pay in advance a license fee as prescribed by ordinance.
D. Licensee shall keep and maintain its facilities and hookups in accordance with all applicable City, state and federal regulations.
E. Licensee shall keep and maintain its premises and facilities in good repair and free from trash and debris.
F. Licensee agrees for himself and for his guests to abide by all rules and regulations as set forth in the Mansfield Codified Ordinances, laws of Ohio, or as are posted on the premises from time to time.
G. Licensor shall not be responsible for property of licensee lost, damaged or destroyed on the premises.
H. This license is revocable by licensor at its discretion. In the event this license is revoked, licensee shall be entitled to a pro-rata refund of the license fee for the unused time between April 1 and November 1.
I. Licensees who terminate their license are entitled to a refund in accordance with the following schedule:
1. Before April 10 100%
2. After April 10 but before July 15 25%
3. After July 15 0%
(3) Not less than every five years the Public Works Director shall solicit proposals approved by Council from interested parties for services as independent contractors relating to the sale of food, beverages and merchandise, the sale of fuel and boating equipment, boat maintenance and repair, and related services upon such terms and conditions specified and on file in the office of the City Engineer.
(4) Rates to be charged for camping, docking, storage and building usage at Clearfork Reservoir campground shall be determined by the Mayor and/or Public Works Director as approved by Council.
(b) Rules and Regulations.
(1) All Codified Ordinances set forth in Chapter 971 shall apply to the Clearkfork Reservoir campground, dock and marina areas.
(2) Licensees and guests shall maintain quiet in all areas of the campground, dock and marina between the hours of 11:00 p.m. and 7:00 a.m.
(3) All persons shall refrain from use of any alcoholic beverage in any public area of the campground, dock and marina.
(Ord. 98-165. Passed 7-7-98.)
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