(a) Required; Display.
(1) No person, after January 1,1977, shall manufacture, sell, or offer for sale any watercraft propelled by machinery as its principal source of power, or watercraft designed to be manually propelled, less than 20 feet in length, and designed to carry two or persons, manufactured after that date, unless a capacity plate containing the correct information, as prescribed by regulations adopted by the United States Coast Guard, is firmly attached to the watercraft. The capacity plate shall be attached in such a location that it is clearly legible from the position designed or intended to be occupied by the operator when the watercraft is underway.
(2) No person shall operate or permit to be operated on the waters in this Municipality watercraft for which a capacity plate is required under this section unless the capacity plate is attached.
(3) No person shall alter, remove, or deface any information contained on the capacity plate unless the manufacturer has altered the watercraft in such a way that would require a change in the information contained on the capacity plate.
(4) As used in this division (a), “manufacture” means to construct or assemble a watercraft, or to alter a watercraft in such a manner as to affect or change its weight capacity or occupant capacity.
(b) Prohibitions.
(1) No person shall operate or permit to be operated on the waters in this Municipality a watercraft to which a capacity plate is attached if the total load exceeds the weight capacity indicated on the capacity plate, if the number of persons aboard exceeds the occupant capacity indicated on the capacity plate, or if the horsepower of any attached outboard motor exceeds the maximum horsepower indicated on the capacity plate.
(2) When no capacity plate exists, no person shall operate or permit to be operated on the waters in this Municipality a watercraft if a reasonably prudent person would believe that either of the following circumstances applies:
A. The total load aboard the watercraft has associated with it a risk of physical harm to persons or property;
B. The total horsepower of any inboard engine or attached outboard motor has associated with it a risk of physical harm to persons or property.
(c) Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree.
(Ord. 79-07. Passed 11-13-07.)