965.14. Vessel equipment; authority of officer when especially hazardous condition exists.
   (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.)