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In case of accident to or collision with persons or property on the waters of the harbor, due to the operation of any vessel, the operator having knowledge of the accident or collision shall immediately stop the vessel at the scene of the accident or collision, to the extent that it is safe and practical, and shall remain at the scene of the accident or collision until he has given his name and address and, if he is not the owner, the name and address of the owner of the vessel, together with the registration number of the vessel, if any, to any person injured in the accident or collision or to the operator, occupant, owner, or attendant of any vessel damaged in the accident or collision, or to any law enforcement officer at the scene of the accident or collision.
If the injured person is unable to comprehend and record the information required to be given by this section, the other operator involved in the accident or collision shall forthwith notify the nearest law enforcement agency having authority concerning the location of the accident or collision, and his name, address, and the registration number, if any, of the vessel he was operating, and then remain at the scene of the accident or collision or at the nearest location from which notification is possible until a law enforcement officer arrives, unless removed from the scene by an emergency vehicle operated by the State or a political subdivision or by an ambulance.
If the accident or collision is with an unoccupied or unattended vessel, the operator so colliding with the vessel shall securely attach the information required to be given in this section, in writing, to a conspicuous place in or on the unoccupied or unattended vessel.
(Ord. 579-97. Passed 9-16-97.)
(a) No person shall fail to comply with any lawful order or direction of any law enforcement officer having authority to direct, control, or regulate the operation or use of vessels.
(b) No person shall operate any vessel so as to purposely elude or flee from a law enforcement officer after receiving a visible or audible signal from a law enforcement officer to bring the vessel to a stop.
(Ord. 579-97. Passed 9-16-97.)
(a) No person shall operate or be in physical control of any vessel under way or shall manipulate any water skis, aquaplane, or similar device on the waters in this Municipality if any of the following applies:
(1) The person is under the influence of alcohol or a drug of abuse, or the combined influence of alcohol and a drug of abuse;
(2) The person has a concentration of ten hundredths of one percent or more by weight of alcohol in the person's blood;
(3) The person has a concentration of fourteen hundredths of one gram or more by weight of alcohol per one hundred milliliters of the person's urine;
(4) The person has a concentration of ten hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person's breath.
(b) No person under twenty-one years of age shall operate or be in physical control of any vessel underway or shall manipulate any water skis, aquaplane, or similar device on the waters of this State if any of the following applies:
(1) The person has a concentration of at least two hundredths of one percent, but less than ten hundredths of one percent by weight of alcohol in a person's blood;
(2) The person has a concentration of at least twenty-eight thousandths (.028) of one gram but less than fourteen hundredths of one gram by weight of alcohol per one hundred milliliters of the person's urine;
(3) The person has a concentration of at least two hundredths of one gram by weight of alcohol, but less than ten hundredths of one gram by weight of alcohol per two hundred ten liters of the person's breath.
(c) In any proceeding arising out of one incident, a person may be charged with a violation of subsection (a)(1) and a violation of subsection (b)(1), (2) or (3) of this section, but the person shall not be convicted of more than one violation of those subsections.
(d) In any criminal prosecution for a violation of this section, the court may admit evidence on the concentration of alcohol or a drug of abuse in the defendant's blood, urine, or breath at the time of the alleged violation as shown by chemical analysis of the defendant's blood, urine or breath taken within two hours of the time of alleged violation.
When a person submits to a blood test, only a physician, registered nurse or qualified medical technician or chemist shall withdraw blood for the purpose of determining its alcohol or drug of abuse content. This limitation does not apply to the taking of breath or urine specimens. A physician, registered nurse, or qualified technician or chemist may refuse to withdraw blood for the purpose of determining its alcohol or drug of abuse content if in the opinion of the physician, nurse or technician or chemist, the physical welfare of the person would be endangered by the withdrawing of blood.
The blood, urine, or breath shall be analyzed in accordance with methods approved by the State Director of Health by an individual possessing a valid permit issued by the Director of Health pursuant to Ohio R.C. 3701.143.
If there was at the time the blood, urine or breath was taken a concentration of less than ten hundredths of one percent by weight of alcohol in the defendant's blood, less than fourteen hundredths of one gram by weight of alcohol per one hundred milliliters of the defendant's urine, or less than ten hundredths of one gram by weight of alcohol per two hundred ten liters of the defendant's breath, that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
Upon the request of the person who was tested, the results of such test shall be made available to the person or person's attorney or agent immediately upon the completion of the test analysis.
The person tested may have a physician, registered nurse or qualified technician or chemist of the person's own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer, and shall be so advised. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
A physician, registered nurse, or qualified technician or chemist who withdraws blood from a person pursuant to this section, and a hospital, first-aid station, or clinic at which blood is withdrawn from a person pursuant to this section, is immune from criminal liability, and from civil liability that is based upon any other claim that is not in the nature of a claim of malpractice, for any act performed in withdrawing blood from the person.
(e) For purposes of this section, "operate" means that a vessel is being used on the waters in this Municipality when the vessel is not securely affixed to a dock or to shore or to any permanent structure to which the vessel has the right to affix or that a vessel is not anchored in a designated anchorage area or boat camping area that is established by the United States Coast Guard, the State of Ohio, or this Municipality in which the vessel has the right to anchor.
(ORC 1547.11)
(f) No person shall operate any vessel if such person is so mentally or physically incapacitated as to be unable to operate such vessel in a safe and competent manner.
(Ord. 579-97. Passed 9-16-97.)
(a) All vessels shall conform to the applicable U.S. Coast Guard regulations and laws of the State of Ohio governing the following:
(1) Lights;
(2) Life saving devices;
(3) Fire extinguishers;
(4) Sound producing appliances;
(5) Bells;
(6) Flame arresters;
(7) Hull ventilation;
(8) Distress flag;
(9) Anchor and anchor line.
(b) Except during duly authorized races or regattas, no person shall operate on the waters of the harbor any vessel without an effective exhaust muffler, or with an exhaust muffler cut-out open; or in any other manner which renders the muffler ineffective in muffling the sound of the exhaust of the engine.
(c) No person shall install or use any intermittently flashing light of any type or color on any vessel in use or operation on the waters of the harbor, except that such lights may be used in an emergency to attract attention to such emergency for aid and relief of the distressed.
(d) No person except an authorized representative of the federal, the state or the City governments, shall use or operate a siren on the waters of the harbor.
(e) No person shall operate, keep or maintain a vessel in the harbor unless the same vessel complies with the federal or state laws and regulations governing identification of vessels.
(f) No person shall use or offer for use in the harbor any inflatable watercraft made of canvas, rubber, synthetic rubber or vinyl plastic unless such inflatable watercraft is of multiple air cell or compartment construction and is capable of remaining afloat in the event one air cell or compartment is punctured or collapsed.
(g) No person shall launch any vessel from any launching ramp of the City or any other place within the harbor which fails to comply with the provisions of this section.
(1952 Code Sec. 22-3-5; Ord. 414-78)
(h) If a law enforcement officer observes a vessel being used and determines that at least one of the unsafe conditions listed in subsection (j) of this section is present and that an especially hazardous condition exists, the officer may direct the operator of the vessel to take whatever immediate and reasonable actions are necessary for the safety of the persons aboard the vessel, including directing the operator to return the vessel to mooring and remain there until the situation creating the hazardous condition is corrected or has ended. For the purposes of this section, an especially hazardous condition is one in which a reasonably prudent person would believe that the continued operation of a vessel would create a special hazard to the safety of the persons aboard the vessel.
(i) The refusal by an operator of a vessel to terminate use of the vessel after being ordered to do so by a law enforcement officer under subsection (h) of this section is prima-facie evidence of a violation of this Municipal Code.
(j) For the purposes of this section, any of the following is an unsafe condition:
(1) Insufficient personal flotation devices;
(2) Insufficient fire extinguishers;
(3) Overloaded, insufficient freeboard for the water conditions in which the vessel is operating;
(4) Improper display of navigation lights;
(5) Fuel leaks, including fuel leaking from either the engine or fuel system;
(6) Accumulation of or an abnormal amount of fuel in the bilges;
(7) Inadequate backfire flame control;
(8) Improper ventilation.
(k) This section does not apply to the following:
(1) Foreign vessels temporarily using waters of the United States;
(2) Military vessels, vessels owned by the State or a political subdivision, or other public vessels, except those used for recreation;
(3) A ship's lifeboat;
(4) Vessels that are solely commercial and carrying more than 6 passengers for hire.
(Ord. 579-97. Passed 9-16-97.)
(a) Any person who rides or attempts to ride upon one or more water skis, surfboard or similar device and any person who operates a vessel towing such person riding or attempting to ride on one or more water skis, surfboard or similar device shall confine such activity to the water area within a designated ski zone.
Water skiing is prohibited in the following designated areas of the harbor:
(1) Ottawa River from the Ohio/Michigan line to the Summit Street Bridge;
(2) The entire Bay View Park Marina area;
(3) The entire Cullen Park lagoon area;
(4) The Maumee River from a point between Corbutt Island and the old waterworks crib to a point between the south tip of Delaware Island and the west shore of the Maumee River;
(5) The Maumee River adjacent to downtown Toledo which limits are defined as the Toledo Edison Overhead Cable at mile 4.20 located approximately 2,000 feet downstream of the Martin Luther King Bridge to the Anthony Wayne Bridge at mile 5.16.
(Ord. 416-89. Passed 5-9-89.)
(b) Any person who operates a vessel towing any person riding or attempting to ride upon one or more water skis, surfboard, or similar device on the waters of the harbor shall have present in such vessel a person other than the operator, twelve years of age or older, who shall at all times observe the progress of the person being towed and the operator of the towing vessel shall at all times observe the traffic pattern toward which the vessel is approaching.
(c) No person shall, within the harbor, ride or attempt to ride upon water skis, surfboard, or similar device, or use or operate any vessel to tow any person thereon during the period of the day between sunset and sunrise, except upon special permit issued by the Commissioner of Streets, Bridges and Harbor.
(d) No person who operates a vessel to tow other persons riding upon water skis, surfboard or similar device shall tow more than two such persons simultaneously upon water skis, surfboard, or similar device, or any combination thereof, except upon special permit issued by the Commissioner of Streets, Bridges and Harbor.
(1952 Code § 22-3-8)
(e) No person shall ride or attempt to ride upon one or more water skis, surfboard or similar device without wearing an adequate and effective Coast Guard approved Type One, Type Two or Type Three personal flotation device, in good and serviceable condition and of appropriate size, except upon special permit issued by the Commissioner of Streets, Bridges and Harbor. Any operator of a vessel towing any person on water skis, surfboard or similar device who is not wearing a personal flotation device described herein shall be deemed in violation of this section.
(Ord. 416-89. Passed 5-9-89.)
(f) No person shall install or maintain any structure or inclined platform known as water ski jump on the waters of the harbor and no person shall use such structure for the purpose of water ski jumping, except upon special permit of the Commissioner of Streets, Bridges and Harbor.
(1952 Code § 22-3-8)
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