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.

971.09 CHILD OPERATORS; SUPERVISING PERSON.

   No person under twelve years of age shall operate any watercraft upon the waters of the City unless such person is under the direct visual and audible supervision, during such operation, of a parent, guardian or other person over the age of sixteen years. No supervising parent, guardian or other person over sixteen years of age shall permit any person under twelve years of age operating a watercraft upon the waters of the City to violate any section of this chapter or Ohio R.C. Chapter 1547. (ORC 1547.06)

971.10 RECKLESS OPERATION.

   No person shall operate any watercraft, or manipulate any water skis, aquaplane or similar device upon the waters of the City carelessly or heedlessly, or in disregard of the rights or safety of any person, watercraft or property, or without due caution, at a rate of speed or in a manner so as to endanger any person, watercraft or property.

(ORC 1547.07)

971.11 OPERATION IN RESTRICTED AREAS.

   (a)    No person shall operate a watercraft within or through a designated bathing area or within or through any area which has been buoyed off designating it as an area in which watercraft are prohibited.

   (b)    No person shall operate a watercraft at greater than idle speed or at a speed that creates a wake near any marina, boat docking facility, boat gasoline dock, launch ramp, recreational boat harbor or harbor entrance or within any area buoyed or marked as a no wake area.

   (c)    No person shall operate a watercraft in any area of restricted or controlled operation in violation of the designated restriction.

   (d)    No person shall operate a watercraft within 150 feet of an official diver's flag unless he is tendering the diving operation.

   (e)    All areas of restricted or controlled operation as described in subsection (a) hereof, or as provided for in Ohio R.C. 1547.14 or 1547.61 shall be marked by a buoy or sign designating the restriction. The specific areas described in subsection (b) hereof shall be considered restricted areas without being designated by a buoy or sign. All waters surrounded by or lying between such a buoy or sign and the closest shoreline are thereby designated as an area in which the designated restrictions shall apply in the operation of any watercraft.

   Markings on a buoy or sign designating areas of restricted or controlled operation shall be so spaced as to show all around the horizon. Lineal spacing between such buoys or signs shall be such that under normal conditions of visibility any such buoy or sign shall be readily visible from the next adjacent buoy or sign. No colors or symbols, except as provided for in rules of the Chief of the Division of Watercraft, shall be used for marking closed or controlled areas of boating waters.

   The City is authorized to place such buoys or signs on its waters and may apply to the Chief of the Division of Watercraft for permission to place such buoys or signs on other waters within its territorial limits. (ORC 1547.08)

971.12 MOORING PROHIBITED IN CERTAIN AREAS.

   No person shall moor or anchor any watercraft in a designated speed zone or water ski zone. No person, unless in distress and no other watercraft or vessel is endangered thereby, shall moor to, anchor to, or tie up to any marker, aid, buoy, light or other aid to navigation.

(ORC 1547.09)

971.13 OPERATING UNDER INFLUENCE OF ALCOHOL, DRUGS PROHIBITED; EVIDENCE.

   (a)    No person shall operate, be in physical control of any watercraft underway or manipulate any water skis, aquaplane or similar device upon the waters of this City, if any of the following apply:

      (1)   The person is under the influence of alcohol or a drug of abuse, or the combined influence of alcohol and a drug of abuse;

      (2)    The person has a concentration of ten-hundredths of one percent (0.10%) or more by weight of alcohol in his blood;

      (3)    The person has a concentration of fourteen-hundredths (0.14) of one gram or more by weight of alcohol per 100 milliliters of his urine;

      (4)    The person has a concentration of ten hundredths (0.10) of one gram or more by weight of alcohol per 210 liters of his breath.

   (b)    In any criminal prosecution for a violation of this section, the court may admit evidence on the concentration of alcohol or a drug of abuse in the defendant's blood, urine or breath at the time of the alleged violation as shown by chemical analysis of the defendant's blood, urine or breath, taken within two hours of the time of the alleged violation.

   When a person submits to a blood test, only a physician, registered nurse or qualified technician or chemist shall withdraw blood for the purpose of determining its alcohol or drug of abuse content. This limitation does not apply to the taking of breath or urine specimens. A physician, registered nurse or qualified technician or chemist may refuse to withdraw blood for the purpose of determining its alcohol or drug of abuse content if in his opinion the physical welfare of the person would be endangered by the withdrawing of blood.

   The blood, urine or breath shall be analyzed in accordance with methods approved by the Ohio Director of Health by an individual possessing a valid permit issued by the Director of Health pursuant to Ohio R.C. 3701.143.

   If there was at the time the blood, urine or breath was taken a concentration of less than ten-hundredths of one percent (0.10%) by weight of alcohol in the defendant's blood, less than fourteen hundredths (0.14) of one gram by weight of alcohol per 100 milliliters of his urine or less than ten hundredths (0.10) of one gram by weight of alcohol per 210 liters of his breath, such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.

   Upon the request of the person who was tested, the result of the test shall be made available to him, his attorney or agent immediately upon the completion of the test analysis.

   The person tested may have a physician, registered nurse or qualified technician or chemist of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer, and shall be so advised. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.

   A physician, registered nurse or qualified technician or chemist who withdraws blood from a person pursuant to this section, and a hospital, first aid station or clinic at which blood is withdrawn from a person pursuant to this section, is immune from criminal liability, and from civil liability that is based upon a claim of assault and battery or based upon any other claim that is not in the nature of a claim of malpractice, for any act performed in withdrawing blood from the person. (ORC 1547.11)