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.)

971.03 VEHICULAR OPERATION AND PARKING.

   (a)    No person shall operate, park, stop or stand any motor vehicle or contrivance, or permit such vehicle or contrivance to be driven or parked, on any area administered by or under the control of the City, except on designated roads, driveways and parking areas provided for such purposes, without first obtaining permission from the manager of the Clearfork Reservoir.

   "Motor vehicle or contrivance" includes, but is not limited to, automobiles, trucks, snowmobiles, all-terrain vehicles, motorcycles, amphibious vehicles, jet skis and similar contrivances.

   (b)    No person shall land or take off, or attempt to land or take off, any aircraft from the waters or land of the Clearfork Reservoir.

   (c)    No person shall operate or permit to be operated any motor vehicle upon the lands of the Clearfork Reservoir at a speed in excess of fifteen miles per hour.

   (d)    When properly designated, no person shall, by motor vehicle or other means, block or permit to be blocked, maintenance or fire lanes on the lands of the Clearfork Reservoir.

   (e)    No person shall stop, stand or park or permit the stopping, standing or parking of any motor vehicles in any areas of the Clearfork Reservoir which are designated as "No Parking" areas.

   (f)    The manager of the Clearfork Reservoir and his subordinates, having been designated special police by the Service Director, may utilize a traffic ticket, in lieu of arrest or summons, when citing individuals for violations of these rules and regulations which pertain to motor vehicles.

   (g)    All picnic areas shall be closed at dark. No person shall park, or permit to remain parked, a motor vehicle in designated Picnic Areas 1, 2, 3 or 4 after such areas are closed at sundown.

   (h)    Whenever any vehicle is found parked in a space where parking is not permitted, or whenever any vehicle is found parked in violation of any provision of this section, such vehicle may be impounded by any police officer of the Police Division or Clearfork Reservoir and may be operated, removed or conveyed, or caused to be operated, removed or conveyed, to a vehicle pound by such police officer. A vehicle shall be deemed to be impounded from and after the time when the police officer requests assistance for removal of the impounded vehicle. Towing of impounded vehicles may be accomplished by City forces and equipment or by the employees and equipment of the owner or lessee of land designated as a pound by the Safety Director. Impounding and removal of a vehicle may also be accomplished by operation of the impounded vehicle itself when so directed by the impounding officer and when removal is accomplished by operation of the vehicle by a police officer or an employee of the owner or lessee of land designated as a pound by the Safety Director.

   Impounding fees, payment of fees, protests of payments, administration, records to be kept and sale of impounded vehicles shall be in accordance with Chapter 307 of the Traffic Code. (Ord. 79-157. Passed 5-15-79.)

   (i)    It shall be unlawful to operate vehicles such as snowmobiles, all-terrain vehicles and similar vehicles upon the lands or waters of the Clearfork Reservoir Lake area.

(Ord. 73-183. Passed 5-15-73.)

   (j)    Vehicle parking shall be prohibited between the hours of darkness and dawn except in camping areas designated by the City.

(Ord. 69-297. Passed 6-17-69.)

971.04 SPEED OF POWER BOATS.

   No powercraft may be operated at any place on the reservoir at a speed greater than idle speed or at a speed that creates a wake. When passing another powercraft, a minimum clearance of fifty (50) feet shall be maintained. (Ord. 13-295. Passed 10-15-13.)

971.05 WATERCRAFT TO CARRY LIGHTS.

   All watercraft, subject to this chapter shall, in all weather from sunset to sunrise and at any other time when there is not sufficient natural light to render discernible other watercraft and substantial objects in the water at a distance of 300 feet, carry and exhibit the following lights when underway, and during such time no other lights which may be mistaken for those prescribed, shall be exhibited.

   (a)    All powercraft under twenty-six feet in length shall carry the following lights:

      (1)    A bright white light aft to show all around the horizon; and

      (2)    A combined lantern in the forepart of the vessel and lower than the white light aft, showing green to starboard and red to port, so fixed as to throw the light from right ahead to twenty-two and one-half degrees, two points, abaft the beam on their respective sides; each light thereby subtending an arc of one hundred twelve and one-half degrees, ten points, measured from the center line of the boat and beginning right ahead.

   (b)    All powercraft from twenty-six feet in length and not more than sixty-five feet in length shall carry the following lights:

      (1)    A bright white light in the forepart of the vessel as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of two hundred twenty-five degrees, twenty points, so fixed as to throw the light one hundred twelve and one-half degrees, ten points, on each side of the vessel; namely, from right ahead to twenty-two and one-half degrees, two points, abaft the beam on either side;

      (2)   A bright white light aft to show all around the horizon and higher

         than the white light forward; and

      (3)   On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of one hundred twelve and one-half degrees, ten points, so fixed as to throw the light from right ahead to twenty-two and one-half degrees, two points, abaft the beam on the starboard side. On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of one hundred twelve and one-half degrees, ten points, so fixed as to throw the light from right ahead to twenty-two and one-half degrees, two points, abaft the beam on the port side. Such side lights shall be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen across the bow.

   (c)   Sailboats propelled by machinery whether under sail or not, shall exhibit the same lights as prescribed for powercrafts of comparable length.

   (d)    Every sailboat, regardless of length, under sail alone shall exhibit:

      (1)   On the starboard side, a green light, so constructed as to throw an unbroken light over an arc of the horizon of one hundred twelve and one-half degrees, ten points, so fixed to throw the light from right ahead to twenty-two and one-half degrees, two points, abaft the beam on the starboard side;

      (2)    On the port side, a red light, so constructed to show an unbroken light over an arc of the horizon of one hundred twelve and one-half degrees, ten points, so fixed to throw the light from right ahead to twenty-two and one-half degrees, two points, abaft the beam on the port side;

      (3)    At the stern a white light, so constructed that it shall show an unbroken light over an arc of the horizon one hundred thirty-five degrees, twelve points, so fixed as to show the light sixty-seven and one-half degrees, six points, from right aft on each side of the vessel, and of such a character as to be visible a distance of at least two miles, and carried as nearly as practicable on the same level as the side lights, or in lieu of the white stern light, a readily accessible lantern or flashlight, showing a white light.

   (e)    Rowboats and canoes shall carry either a white light visible all around the horizon or a readily accessible lantern or flashlight showing a white light.

   (f)    All watercraft required to carry a readily accessible flashlight or lantern shall exhibit such flashlight or lantern in sufficient time to avert a collision.

   (g)    A white light visible all around the horizon shall be exhibited by watercraft while at anchor.

   (h)    Every white light prescribed by this section shall be of such character as to be visible at a distance of at least two miles. Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least one mile.

   (i)    In lieu of the lights required by this section, any powercraft may carry and exhibit lights required by:

      (1)   "Act of February 8, 1895," 28 Stat. 645, 33 U.S.C. 241, as amended;

(2)   "Act of September 24, 1963," 77 Stat. 194, 33 U.S.C. 1061, as amended;

      (3)   "Act of May 21, 1948," 62 Stat. 250, 33 U.S.C. 301, as amended.

   (j)    In lieu of the lights required by this section, any sailboat may carry and exhibit the lights required by either:

      (1)    "Act of February 8, 1895," 28 Stat. 645, 33 U.S.C. 241, as amended;

      (2)    "Act of May 21, 1948," 62 Stat. 250, 33 U.S.C. 301, as amended.

971.06 FLASHING LIGHTS PROHIBITED; EXCEPTIONS.

   No person shall install or use any intermittently flashing light of any type or color on any watercraft in use or operation on the waters of the City, except that such flashing lights may be installed and used in an emergency to attract attention to such an emergency for aid and relief of the distressed, and except that a blue colored revolving or flashing horizontal beam of low intensity located at any effective point on the forward exterior of the watercraft may be displayed by authorized patrol boats when engaged in law enforcement duties day or night on waters of this City. (ORC 1547.03)

971.07 SIREN PROHIBITED.

   No person, except an authorized representative of the Federal government, the State or any of its political subdivisions shall use or operate a siren on the waters of the City except for emergency purposes. (ORC 1547.04)

971.08 OPERATING REGULATIONS; RISK OF COLLISION; RIGHT OF WAY.

   The following rules for preventing collisions shall be followed in the navigation of all public and private watercraft operating upon the waters of the City:

   (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 sailboats are approaching one another so as to involve the risk of collision, one of them shall yield the right of way to the other, as follows, namely:

      (1)    A sailboat which is running free shall yield the right of way to the sailboat which is close-hauled.

      (2)    A sailboat which is close-hauled on the port tack shall yield the right of way to a sailboat which is close-hauled on the starboard tack.

      (3)    When both sailboats are running free, with the wind on different sides, the sailboat which has the wind on the port side shall yield the right of way to the other.

      (4)    When both sailboats are running free, with the wind on the same side, the sailboat which is to the windward shall yield the right of way to the sailboat which is to the leeward.

   (c)    When two powercraft are meeting end on, or nearly end on, so as to involve the risk of collision, each shall alter its course to starboard, so that each shall pass the other on the port side of the other.

   (d)   When two 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 yield the right of way to 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 by this chapter one of two watercraft shall yield the right of way, the other shall keep its course and speed.

   (g)    Notwithstanding anything contained in these rules, 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 degrees abaft the other's beam, that is, at 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 watercraft shall make the overtaking watercraft a crossing watercraft within the meaning of these rules, 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, the powercraft shall yield the right of way to the 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 these rules, due regard shall be given 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.