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971.37 SAILBOARD OPERATION.
(a) No person shall use, sail, operate or navigate an unlicensed sailboard on Clearfork Reservoir or any sailboard in violation of the regulations established in subsection (d) hereof.
(b) A license fee of twenty-five dollars ($25.00) payable to the City is required prior to the issuance of any sailboard license pursuant to this section. Any license granted shall be valid for a period of three years from the date of issuance.
(c) The Reservoir Manager shall license any sailboard that, in the determination of the Reservoir Manager or his designee, satisfies the requirements of Section 371.01 (w) and when the owner has signed a sailboard license application which sets forth the name and address of the sailboard owner, the make, model and description of the sailboard being licensed and contains the following statement:
[The owner of the sailboard agrees to hold the City of Mansfield free and harmless from and for any injuries or damages suffered by reason of operating such license sailboard upon Clearfork Reservoir by the owner or by any other person using the sailboard regardless of whether such use was with authority of the owner.]
(Ord. 86-120. Passed 5-20-86.)
(d) Each person using, sailing, operating or navigating a sailboard upon Clearfork Reservoir shall satisfy all of the following:
(1) Wear at all times a type l, 2, or 3 personal flotation device; and
(2) Comply with Section 971.08 establishing rules and regulations for the operation of sailboats; and
(3) Be at least twelve years of age.
(Ord. 90-077. Passed 3-20-90.)
971.38 REQUIREMENTS FOR OPERATION OF CERTAIN POWERCRAFT BY PERSONS BORN IN 1982 OR LATER.
No person born on or after January 1, 1982, shall operate on the waters in this City a powercraft powered by more than ten horsepower, unless the operator successfully has completed either a safe boater course approved by the National Association of State Boating Law Administrators or a proctored or nonproctored proficiency examination that tests knowledge of information included in the curriculum of such a course, and has received a certificate as evidence of successful completion of the course or examination.
(Ord. 00-129. Passed 6-6-00.)
971.39 DUTY TO PRESENT CERTIFICATE OR PROOF OF HOLDING IT.
A person born on or after January 1, 1982, who is operating on the waters in this City a powercraft powered by more than ten horsepower and who is stopped by a law enforcement officer in the enforcement of Chapter 971 shall present to the law enforcement officer, not later than seventy-two hours after being stopped, a certificate obtained by the person pursuant to Section 971.38 prior to being stopped or proof of holding such a certificate. Failure of the person to present the certificate or proof of holding it within seventy-two hours constitutes prima-facie evidence of a violation of Section 971.38.
(Ord. 00-129. Passed 6-6-00.)
971.40 POWERCRAFT RENTALS TO PERSONS BORN IN 1982 OR LATER.
(a) No rental business shall lease, hire or rent a powercraft powered by more than ten horsepower for operation on the waters in this State to a person born on or after January 1, 1982, unless the person meets one of the following requirements:
(1) The person signs a statement on the rental agreement or attached to the rental agreement that the person has successfully completed a safe boater course approved by the National Association of State Boating Law Administrators or has successfully completed a proficiency examination as provided in Section 971.38.
(2) The person receives educational materials from the rental business and successfully passes, with a score of ninety percent (90%) or better, an abbreviated examination given by the rental business. The achievement of a passing score on the examination shall be indicated on or attached to the powercraft rental agreement.
(b) A person born on or after January 1, 1982, operating or supervising the operation of a leased, hired, or rented powercraft shall:
(1) Meet the requirements for boater education of subsection (a) hereof.
(2) Be named as an operator on the agreement that leases, hires or rents the powercraft.
(c) The Division of Watercraft shall make available to all watercraft rental businesses in Ohio boater safety educational materials and an abbreviated examination that shall be used by the watercraft rental business for the purposes of subsection (a)(2) hereof.
(Ord. 00-129. Passed 6-6-00.)
971.99 PENALTY.
(a) Whoever violates any provision of this chapter for which no other penalty is provided is guilty of a minor misdemeanor for the first offense and a misdemeanor of the fourth degree for each subsequent offense.
(b) (1) Whoever violates Section 971.10 without causing injury to persons or damage to property is guilty of a minor misdemeanor on a first offense; on each subsequent violation of the section that does not cause injury to persons or damage to property within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree.
(2) Whoever violates Section 971.10 causing injury to persons or damage to property is guilty of a misdemeanor of the third degree.
(e) Whoever violates Section 971.02(k) is guilty of a misdemeanor of the third degree.
(f) Whoever violates Section 971.38 or 971.39 is guilty of a misdemeanor of the fourth degree if the violation is not related to a collision, injury to a person, or damage to property and a misdemeanor of the third degree if the violation is related to a collision, injury to a person, or damage to property.
(g) The sentencing court, in addition to the penalty provided under this section for a violation of this chapter or a rule adopted under it that involves a powercraft powered by more than ten horsepower and that, in the opinion of the court, involves a threat to the safety of persons or property, shall order the offender to complete successfully a boating course approved by the National Association of State Boating Law Administrators before the offender is allowed to operate a powercraft powered by more than ten horsepower on the waters in this State. Violation of a court ordered entered under this division is punishable as contempt under Ohio R.C. Chapter 2705. (Ord. 00-129. Passed 6-6-00.)