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GENERAL PROVISIONS
No person may construct, attempt to construct, cause to be constructed, maintain or cause to be maintained any levee or modification to any stream channel or drainage ditch within the city without first obtaining approval of the plans therefor by the City Commission; provided that, all such plans shall be in substantial compliance with rules and standards adopted by the State Water Development Board.
(1998 Code, § 130-1) Penalty, see § 10.99
WATERCRAFT
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOAT. Including, but not limited to, the term MOTORBOAT. A vessel not more than 65 feet in length, measured from end to end over the deck, excluding sheer and manufactured or used primarily for non-commercial use.
BOAT LIVERY. A business establishment engaged in renting or hiring out boats for profit.
CONGESTED BOATING AREA. In any area of water such as channels, marinas, basins, coves, and also, shoreline having piers, docks and platforms. CONGESTED BOATING AREAS are delineated as follows:
(1) Any cove, channel or basin whose access is restricted to a width of 600 feet or less including concave shorelines;
(2) Any area beyond the out end of piers, T-heads, breakwaters and platforms a distance of 100 feet and within 100 feet of the sides of such structure;
(3) Any area between the ends of the structures in division (2) above and the shoreline when such structures are within 600 feet of each other; and
(4) Any area within 300 feet of the water’s edge.
DEALER. A person customarily engaged in the business of buying, selling, brokering or exchanging boats or outboard motors at an established or permanent place of business in the city and that at each place of business there is a sign conspicuously displayed showing the name of the dealership so that it may be located by the public and with sufficient space to maintain an office, service area and display or products.
DIVE DOWN FLAG. A square or rectangular red flag that has a diagonal white stripe and is at least 24 inches by 24 inches in size.
HEADWAY SPEED. Slow, idle speed or speed only fast enough to maintain steerage on course.
MANUFACTURER. A person engaged in the business of manufacturing new and unused boats and outboard motors for the purpose of sale and trade.
NEW. Every boat or outboard motor after its manufacture and before its sale or other transfer to a person not a manufacturer or dealer.
OPERATE. To navigate, pilot or otherwise use a boat or a vessel.
OUTBOARD MOTOR. Any self-contained, internal combustion propulsion system, excluding fuel supply, which is used to propel a vessel and which is detachable as a unit from the vessel.
OWNER. The person who rightfully claims lawful possession of a vessel by virtue of the legal title or the U.S. Coast Guard documentation or of an equitable interest.
PERSONAL WATERCRAFT. A boat which is designed to be up to ten feet in length and which is designed to be operated by a person or person sitting, standing or kneeling on the vessel rather that in the conventional manner of sitting or standing inside the vessel.
PUBLIC BULKHEAD. Any bulkhead or component of a bulkhead owned and/or maintained by the city for the purpose of retaining land and does not include docks or other improvements intended for other purposes or uses.
REASONABLE TIME. Fifteen calendar days.
SLOW, NO WAKE. Forward speed of less than five mph or forward speed without creating a well or wake.
UNDOCUMENTED MOTORBOAT. A vessel that is not required to have, and does not have, a valid marine document issue by either the U.S. Bureau of Customs or the U.S. Coast Guard, or their agencies.
VESSEL. Any watercraft, other than a seaplane on water, used or capable of being used for transportation on water.
WATER OF THE CITY. Any public water within the territorial limits of the city.
(1998 Code, § 130-21) (Ord. 03-16, passed 6-4-2003)
(A) Required numbering. Each undocumented vessel on the water of the state shall be numbered in accordance with the provisions of the State Parks and Wildlife Department, unless specifically exempted.
(B) State certificate of number. When a motorboat or vessel is in operation the certificate of number (registration) or facsimile thereof must always be aboard and available to a law enforcement officer. When a certificate is renewed, the same number shall be reissued, if application is made to the State Parks and Wildlife Department within the 90-day period preceding the expiration date. All motor boats and vessels, regardless of length or horsepower are required by law to be registered.
(1998 Code, § 130-23) (Ord. 03-16, passed 6-4-2003) Penalty, see § 10.99
(A) Operation of vessels without required equipment or identification prohibited. No person shall operate or give permission for the operation of a vessel that is not provided with the equipment required by this subchapter or any documentation required by this subchapter or any documentation required by the U.S. Coast Guard.
(B) Classes of motorboats. Motorboats subject to the provision of this subchapter are divided into four classes according to the length as follows:
Class A | Less than 16 feet in length |
Class 1 | 16 feet or over and less than 26 feet in length |
Class 2 | 26 feet or over and less than 40 feet in length |
Class 3 | 40 feet in length or over |
(C) Lights. A vessel or motorboat when not at dock must have and exhibit at least one bright light, lantern or flashlights from sunset to sunrise in all weather. A vessel or motorboat when underway between sunset and sunrise in all weather must have and exhibit the lights prescribed by the Commandant of the Coast Guard for boats of its class. No other lights that may be mistaken for those prescribed shall be exhibited.
(D) Sound-producing devices. A vessel or motorboat must have an efficient whistle or other sound-producing device if one is required by the commandant of the Coast Guard.
(E) Life preserving devices.
(1) A vessel or motorboat must have at least one life preserver, life belt, ring buoy or other device of the sort prescribed by the regulations of the Commandant of the Coast Guard for each person on board, so placed as to be readily accessible.
(2) A vessel or motorboat carrying passengers for hire must have a readily accessible life preserver of the sort prescribed by the regulations of the Commandant of the Coast Guard for each person on board.
(3) The operator of a Class A or Class 1 vessel or motorboat, while underway, shall require every passenger under 13 wear of age to wear a life preserver of the sort prescribed by the regulations of the Commandant of the Coast Guard. A life belt or ring buoy does not satisfy this requirement. In addition, a Type IV personal floatation device must be aboard Class 1 motorboats immediately available for use as a throwable device.
(F) Fire extinguishers.
(1) A vessel or motorboat must have the number, size and type of fire extinguishers prescribed by the regulations of the Commandant of the Coast Guard.
(2) The fire extinguishers must be capable of promptly and effectively extinguishing burning gasoline or any burning fossil fuel, whether gas or liquefied. They must be kept in condition for immediate and effective use at all times and must be placed so as to be readily accessible.
(G) Flame arrestors; backfire traps. A motorboat must have the carburetor or carburetors of every engine using gasoline as fuel, except outboard motors, equipped with an efficient flame arrestor, back fire trap or other similar device prescribed by the regulations of the Commandant of the Coast Guard. Certain engines that are labeled “model DU Engine accepted for use without an external back fire flame arrestor” are exempted.
(H) Ventilators. Each motorboat and vessel, except an open boat, using as fuel any liquid of a volatile nature must have the equipment prescribed by the regulations of the Commandment of the Coast Guard designed to ventilate properly and efficiently the bilges of the engine and fuel tank compartments so as to remove any explosive or inflammable gasses.
(I) Exhaust water manifold; muffler. A motorboat operation on the water in the city must have and shall be required to use an exhaust water manifold or a factory-type muffler installed on the engine.
(J) Rearview mirrors.
(1) A vessel used to tow a person or person on water-skis or an aquaplane or similar device on the water in the city must have a rearview mirror of a size no less than four inches from bottom to top and across from one side to the other. The mirror must be mounted firmly so as to give the boat operator a full and complete view beyond the rear of the boat at all times.
(2) Division (J)(1) above does not apply to vessels used in water-ski tournament, competitions or exhibitions, or to a vessel that, in addition to its operator, has on board a person 13 years of age or older observing the progress of the person being towed.
(K) Canoes, punts, rowboats, sailboats and rubber rafts; equipment exemptions. All canoes, punts, rowboats, sailboats and rubber rafts when paddled, poled, oared or windblown are exempt from all required safety equipment, except the following:
(1) One Coast Guard-approved lifesaving device for each person aboard; and all other Coast Guard-approved and required gear or equipment; and
(2) The lights prescribed for Class A vessels by the Commandant of the Coast Guard.
(1998 Code, § 130-24) (Ord. 03-16, passed 6-4-2003) Penalty, see § 10.99
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