(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.)