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(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
(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
(A) Swimming prohibited near certain vessels. No swimmer or diver shall come within 200 yards of a sightseeing or excursion motorboat, except for maintenance purposes or unless within an enclosed area.
(B) Swimming prohibited from public bulkheads. No person shall dive or otherwise enter the water from a public bulkhead.
(1998 Code, § 130-26) (Ord. 03-16, passed 6-4-2003) Penalty, see § 10.99
(A) Specific provisions of this subchapter may be waived by action of the City Commission for professional exhibitions, officially sanctioned races or tournaments. Applications for such special events shall be submitted in writing for placement on a Commission agenda no less than 30 calendar days prior to the event. The applications shall state the hours and dates of the event, described the purpose, list the name, address and phone number of the person or organization responsible for the event, list specific provision of the ordinance requiring waiver and, where applicable, list the substitute action proposed to minimize the adverse effects of the waiver.
(B) Procedures shall also be in conformance with Ch. 160 of this code of ordinances.
(1998 Code, § 130-27) (Ord. 03-16, passed 6-4-2003)
(A) Enforcement officers.
(1) All city peace officers are enforcement officers for the purposes of this subchapter.
(2) The enforcement officers may enforce the provisions of this subchapter by arresting and taking into custody any person who commits any act or offense prohibited by this subchapter or who violates any provision of this subchapter.
(B) Water safety vessels; lights. Only official water safety or emergency vessels may use rotating or flashing blue beacon lights.
(C) Required response to police water safety vessel. The operator of a vessel underway, on sighting a rotating or flashing blue beacon light, shall reduce power immediately and bring the vessel to a no-wake speed and subsequent stop until the intention of the water safety vessel is understood.
(D) Inspection of vessels.
(1) In order to enforce the provisions of this subchapter, an enforcement officer may stop and board any vessel subject to this subchapter and may inspect the boat to determine compliance with the applicable provisions.
(2) An officer boarding a vessel shall first identify himself or herself by presenting proper credentials.
(3) No person operating a boat on the water of this city shall refuse to obey the directions of an enforcement officer when the officer is acting under the provisions of this subchapter.
(4) The safety of the vessel shall always be the paramount consideration of an arresting officer.
(5) If an enforcement officer determines that a vessel and its associated equipment is being used in violation of this subchapter so as to create especially hazardous condition, he or she shall direct the operator to proceed to a nearby destination the officer designates, and the vessel shall not be used until the condition creating the condition is corrected.
(E) Violation; notice to appear.
(1) An enforcement officer who arrests a person for a violation of this subchapter shall deliver to the alleged violator a written notice to appear within ten calendar days after the date of violation before the court having jurisdiction of the offense.
(2) Persons arrested shall sign the notice to appear, promising to make their appearance in accordance with the requirements set forth in the notice. After signing the notice, such person may be released. Failure to appear before the court having jurisdiction constitutes a violation of this subchapter. A warrant for the arrest of the person failing to appear may be issued.
(1998 Code, § 130-28) (Ord. 03-16, passed 6-4-2003) Penalty, see § 10.99
(A) A person who violates or fails to comply with the State Department of Water Resources and federal laws concerning the disposal of sewage, trash or oil, from boats in city water commits a prohibited offense. A separate offense is committed each day a violation continues.
(B) A person who violates or fails to comply with any regulations of the U.S. Coast Guard pertaining to the necessity to retrofit older vessels or motorboats with holding tanks for sewage, commits a prohibited offense. A separate offense occurs each day a violation continues.
(1998 Code, § 130-29) (Ord. 03-16, passed 6-4-2003)