(A) Rules of the road. The U.S. Coast Guard inland rules apply to all public water of the city, to the extent they are applicable.
(B) Reckless or negligent operation. No person shall operate any motorboat or vessel or manipulate any water-skis, aquaplane or similar device in a willfully or wantonly reckless or negligent/manner that endangers the life, limb or property of any person.
(C) Excessive speed.
(1) No person shall operate any boat at a rate of speed greater than is reasonable and prudent, having due regard for the conditions and hazards, actual and potential, then existing, including weather and density of traffic, or greater than will permit the operator, in the exercise of reasonable care, to bring the boat to a stop within the assured clear distance ahead.
(2) No person shall operate a boat within the waters of the city in excess of headway speed when within a congested boating area.
(3) No person shall operate a vessel within 50 feet of any other vessel, person, stationary platform, bulkhead or other object, or shore, except at headway speed. Markers of aids to safe operation are excluded.
(D) Hazardous wake or wash. No person shall operate a vessel or motorboat so as to create a hazardous wake or wash.
(E) Circular course around person fishing or swimming. No person shall operate a vessel or motorboat in a circular course around any other vessel or boat in which any occupant is engaged in fishing or around any person swimming.
(F) Interface with markers or ramps.
(1) No person shall moor or attach a boat to a buoy, beacon, light marker, take, flag or other aid to safe operation placed upon the public water of the city. No person shall move, remove, displace, tamper with, damage or destroy the markers or aid to a safe operation. Nothing in this division (F)(1) shall prohibit or regulate the use of floating commercial moorings.
(2) No person shall moor or attach a vessel to a public boat launching ramp, except in connection with launching or retrieving of a boat from the water.
(3) Save and except in an emergency, no person shall moor or attach a vessel or motorboat or seaplane to a municipally-owned bulkhead without the express permission of the city in the form of a valid permit or license issued by the Public Works Department. This division (F)(3) does not apply to emergency situations affecting vessels or motorboats or seaplanes nor does it apply to patrol or rescue craft engaged in such patrol or rescue craft engaged in such patrol or rescue activities.
(4) Save or except in an emergency, no person operating a vessel, motorboat or seaplane shall board passengers to a municipally-owned bulkhead nor shall anyone discharge passengers to a municipally-owned bulkhead. This division (F)(4) does not apply to emergency situations affecting vessels or motorboats or seaplanes, nor does it apply to patrol or rescue craft engaged in such patrol or rescue activities.
(G) Obstructing passage.
(1) No person shall anchor a boat in the traveled portion of a river or channel so as to prevent, impede or interfere with the safe passage of any other boat through the same area.
(2) No person shall anchor a vessel near a public boat ramp so as to prevent, impede or interfere with the use of the boat ramp.
(H) Operating boats in restricted area. No person shall operate a boat within a water area that has been clearly marked, by buoys or some other distinguishing device, as a bathing, fishing, swimming or otherwise restricted area by the city. This division (H) does not apply to a patrol or rescue craft or in any case of an emergency.
(I) Operating vessels in scuba diving or snorkeling area.
(1) No person shall operate a vessel within 50 feet of a buoy or of another vessel displaying a “diver down” flag that marks and area in which a person is scuba diving or snorkeling.
(2) No person shall operate a vessel at a speed greater than the minimum speed necessary to maintain steerage way and headway while the vessel is within one hundred 150 feet of a buoy or a vessel displaying a “diver down” flag that marks an area in which a person is scuba diving or snorkeling.
(3) To be entitled to the protections of this division (I), a scuba diver or snorkerler must prominently display a “diver down” flag from a buoy or vessel.
(4) This division (I) does not apply to a person who is operating a patrol or rescue craft or in an emergency.
(5) Division (I)(1) above does not apply:
(a) To a person who is already operating a vessel in an area when another person displays a “diver down” flag within 150 feet of that vessel;
(b) To a person who is operating a vessel in a waterway that is less than 300 feet wide; or
(c) To a person who has permission to enter the area from the person who placed the buoy or the person who is operating the vessel displaying the “diver down” flag.
(J) Water-skis, aquaplanes and the like; time and manner of operation.
(1) No person shall operate a vessel on any water of the city towing a person or person on water-skis, surfboards or similar devices and no person shall engage in water-skiing, surfboarding or similar activity at any time between the hours from one-half hour after sunset to one-half hour before sunrise. This division (J)(1) does not apply to motorboats or vessels used in water-ski tournaments, competitions or exhibitions or trials if adequate lighting is provided.
(2) All vessels or motorboats having in tow or otherwise assisting in towing a person on water-skis, aquaplanes or similar contrivances shall be operated in a careful and prudent manner and at a reasonable distance from person and property so as not to endanger the life or property of any person.
(3) A person being towed on water-skis, aquaplanes or similar devices by a vessel is considered an occupant of the vessel.
(K) Operation of personal watercraft.
(1) No person shall operate a personal watercraft in the following manner or under the following circumstances:
(a) Unless each person riding on or towed behind the vessel is wearing a U.S. Coast Guard-approved Type I, II, III or V person floatation device;
(b) If the vessel is equipped by the manufacturer with a lanyard type engine cutoff switch, unless such lanyard is attached to the person, clothing or personal floatation device of the operator as appropriate for the vessel involved;
(c) During the period between sunset and sunrise;
(d) Within 50 feet of any vessel, person, stationary platform or other object, or shore, except another personal watercraft or except at headway speed;
(e) If the operator is under 13 years of age, unless the operator:
1. Is accompanied by a person at least 17 years of age or older; or
2. The operator has successfully completed a boating safety course prescribed and approved by the State Parks and Wildlife Department or the U.S. Coast Guard.
(f) If the personal watercraft is a motorboat, within any area prohibited for operation for a motorboat by state law or local rule or regulation;
(g) While towing water-skis, an aquaplane, a surfboard, a tube or any other similar device, unless the towing vessel is designed to carry on board a minimum of tow person;
(h) By jumping the wake of another vessel recklessly or unnecessarily close to that vessel; and/or
(i) In a manner that requires the operator to swerve at the last possible moment to avoid collision.
(2) The provisions of this section do not apply to professional exhibitions or an artificially sanctioned race, tournament or exhibition.
(3) Division (K)(1)(d) above does not prohibit the operation of personal watercraft on bodies of water less than 100 feet in width.
(L) Operations of motorboats. No person shall operate a motorboat of over 15 horsepower on the public waters of the city unless the person is 13 years of age, or:
(1) Is accompanied by a person 17 years of age or older; or
(2) Has successfully passed a boating safety course prescribed and approved by the State Parks and Wildlife Department.
(1998 Code, § 130-25) (Ord. 03-16, passed 6-4-2003) Penalty, see § 10.99