CHAPTER 95: MARINE SAFETY
Section
General Provisions
   95.001   Application
   95.002   Definitions
Certification Conditions
   95.015   Conditions to operation of vessels
   95.016   Exemption
   95.017   Types of certifications; fees and taxes; exemptions
   95.018   Notice of destruction, abandonment or sale of vessel; transfer of vessel; fees; duration
   95.019   Dealer certificates of number and dealer decals
   95.020   Violation; record of charge or citation; inspections and modifications
Numbering and Identification
   95.035   Applicability
   95.036   Form of number
   95.037   Numbers; display; size; color
   95.038   Other numbers prohibited
   95.039   Documented vessels; decals; display
   95.040   Removal of number
   95.041   Validation decals; display; size; color
Casualties
   95.055   Applicability; casualties involving vessels
   95.056   Immediate notification of death or disappearance
   95.057   Report of collision, accident or other casualty
Operation Regulations
   95.070   Operation of motorboats by children
   95.071   Personal flotation devices; exception; definitions
   95.072   Operation of personal watercraft; requirements; prohibitions; exception
   95.073   Operation of vessels; rules; speed; interference with use of waters by others
   95.074   Maximum or unlimited motorboat speed; rules; exceptions; waiver
   95.075   Reckless operation of vessels
   95.076   Operating motorboat at more than slow-no wake speed; prohibitions; exceptions
   95.077   Operation in counter-clockwise fashion; distance between persons being towed and other objects; exception
   95.078   Operation of vessels; prohibited in certain areas
   95.079   Towing of person; prohibited time; exceptions
   95.080   Vessels; use of portions unintended for occupancy prohibited; exceptions
   95.081   Interface with operation of vessel by non-occupant
   95.082   Divers; marking point of submergence; distance from diver’s flag
   95.083   Motorboat; muffler or underwater exhaust system required; maximum sound levels
   95.084   Responsibility for damage caused by vessel wake
   95.085   Peace officers; stopping of vessels; duty of operator
   95.086   Negligent crippling or death
Capacities
   95.100   Inspection of watercraft and equipment
   95.101   Maximum capacity tags
   95.102   Weight capacity
   95.103   Horsepower capacity
   95.104   Passenger capacity
Equipment
   95.115   Applicability
   95.116   Navigation lights; intensity standards; placement; screening
   95.117   Personal flotation devices
   95.118   Fire extinguishing equipment
   95.119   Backfire flame control
   95.120   Ventilation
   95.121   Muffler; cut outs
   95.122   Violation
Outboard Motorboats
   95.135   Less than 16 feet in length
   95.136   Sixteen feet or over and less than 26 feet in length
   95.137   Twenty-six feet or over and less than 40 feet in length
   95.138   Forty feet or over and not more than 65 feet in length
Inboard and Inboard-Outboard Motorboats
   95.150   Less than 16 feet in length
   95.151   Sixteen feet or over and less than 26 feet in length
   95.152   Twenty-six feet and over and less than 40 feet in length
   95.153   Forty feet and over and not more than 65 feet in length
Sailboats and Other Types of Boats
   95.165   Sailboat without motor, less than 16 feet in length
   95.166   Sailboat without motor, 16 feet or over in length
   95.167   Sailboat with motor
   95.168   Rowboats
   95.169   Canoes and kayaks
   95.170   Speed of boats; no wake
Personal Watercraft
   95.185   Definitions; applicable to personal watercraft
   95.186   Applicability
   95.187   Rules
   95.188   Operation of personal watercraft; requirements; prohibition; violation
   95.189   Reckless operation of personal watercraft; impoundment
   95.190   Operation of personal watercraft; distance requirements; exceptions
   95.191   Individual required to complete boating safety course; certificate required
   95.192   Display of boating safety certificate
   95.193   Operation of personal watercraft; graduated age provisions
   95.194   Certification requirements for out-of-state residents
   95.195   Sources of boating safety courses; failure of dealer to advise; violation
   95.196   Availability of documents to dealer; providing documents to buyer
   95.197   Enforcement of subchapter
   95.198   Compliance with state law
Restrictions, Violations and Penalties
   95.210   Operation of vessel by person under influence of intoxicating liquor or controlled substance
   95.211   Enhanced sentencing
   95.212   Peace officer; arrest without warrant; reasonable cause; conditions; returning vessel and occupants to shore; effect of not charging person receiving citation
   95.213   Chemical test and analysis of blood, urine or breath; collection of sample or specimen; application of administrative rules
   95.214   Chemical tests; administration; procedures; evidence
   95.215   Order not to operate vessel on waters of state; convictions; effectiveness
   95.216   Failure to answer citation or notice or comply with judgment or order; conditions
   95.217   Person subject to order; prohibited conduct
   95.218   Impoundment of vessel; order; execution; liability for expenses; rights of conditional vendor, chattel mortgagee or lessor of vessel
   95.219   Conviction based on plea of nolo contendere
   95.220   Public dock, pier, wharf or retaining wall; entry or use prohibited under certain wind condition; barricades; notice
 
   95.999   Penalty
GENERAL PROVISIONS
§ 95.001 APPLICATION.
   (A)   This chapter applies to vessels and associated equipment used, to be used or carried in vessels used on waters subject to the jurisdiction of the city.
   (B)   This chapter, except where expressly indicated otherwise, does not apply to any of the following:
      (1)   Foreign vessels temporarily using waters subject to the jurisdiction of the city;
      (2)   Military or public vessels of the United States, except recreational-type public vessels;
      (3)   A vessel whose owner is a state or political subdivision of a state, other than the state and its political subdivisions, that is used principally for governmental purposes and that is clearly identifiable as such; and/or
      (4)   A ship’s lifeboat.
(Prior Code, § 21.5-1) (Ord. 1048, passed 5-18-1998)
§ 95.002 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ANCHORED RAFTS. All types of non-powered rafts used for recreation purposes that are anchored seasonally on waters of the state or city.
   ASSOCIATED EQUIPMENT. Any of the following that are not radio equipment:
      (1)   An original system, part or component of a boat at the time that boat was manufactured, or a similar part or component manufactured or sold for replacement;
      (2)   Repair or improvement of an original or replacement system, part or component;
      (3)   An accessory or equipment for, or appurtenance to, a boat; and
      (4)   A marine safety article, accessory or equipment intended for use by a person on board a boat.
   BOAT. A vessel.
   BOAT LIVERY. A business that holds a vessel for renting, leasing or chartering.
   CONTROLLED SUBSTANCE. As defined in § 7104 of the Public Health Code, Public Act 368 of 1978, being M.C.L.A. § 333.7104.
   CONVICTION. A final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, a finding of guilt or a probate court disposition on a violation of this chapter, regardless of whether the penalty is rebated or suspended.
(Prior Code, § 21.5-11)
   DEALER. A person and an authorized representative of that person who annually purchases from a manufacturer, or who is engaged in selling or manufacturing, six or more vessels that require certificates of number under this chapter or as required by state law.
   IDENTIFICATION DOCUMENT. Any of the following:
      (1)   A valid Michigan operator’s or chauffeur’s license;
      (2)   A valid driver’s or chauffeur’s license issued by an agency, department or bureau of the United States or another state;
      (3)   An official identification card issued by an agency, department or bureau of the United States, the State of Michigan or another state; and
      (4)   An official identification card issued by a political subdivision of the State of Michigan or another state.
   ISSUING AUTHORITY. The United States Coast Guard or a state that has a numbering system approved by the United States Coast Guard.
   LAW OF ANOTHER STATE. A law or ordinance enacted by another state or by a local unit of government in another state.
   LIFEBOAT. A small boat designated and used solely for lifesaving purposes, and does not include a dinghy, tender, speedboat or other type of craft that is not carried aboard a vessel for lifesaving purposes.
   LONG-TERM INCAPACITATING INJURY. An injury that causes serious impairment of a body function.
(Prior Code, § 21.5-12)
   MANUFACTURER. A person engaged in any of the following:
      (1)   The manufacture, construction or assembly of boats or associated equipment;
      (2)   The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly; and/or
      (3)   The importation of a boat or associated equipment into the state for sale.
   MARINE LAW. This chapter, M.C.L.A. §§ 324.80101 et seq. (part 801) or a rule adopted under the state’s Administrative Code which is incorporated herein by reference.
   MARINE SAFETY ACT. Former Public Act 303 of 1967, being M.C.L.A. §§ 281.1001 through 281.1199.
   MARINE SAFETY PROGRAM. Marine law enforcement, search and rescue operations, water safety education, recovery of drowned bodies and boat livery inspections.
   MICHIGAN VEHICLE CODE. Public Act 300 of 1949, being M.C.L.A. §§ 257.1 through 257.923.
   MOTORBOAT. A vessel propelled wholly or in part by machinery.
   OPERATE. To be in control of a vessel while the vessel is under way and is not secured in some manner such as being docked or at anchor.
   OPERATOR. The person who is in control or in charge of a vessel while the vessel is under way and is not secured in some manner such as being docked or at anchor.
   OWNER. A person who claims or is entitled to lawful possession of a vessel by virtue of that person’s legal title or equitable interest in a vessel.
(Prior Code, § 21.5-13)
   PASSENGER. A person carried on board a vessel other than any of the following:
      (1)   The owner or his or her representative; and/or
      (2)   The operator.
   PEACE OFFICER. Any of the following:
      (1)   A sheriff;
      (2)   A sheriff’s deputy;
      (3)   A deputy who is authorized by a sheriff to enforce this chapter, the Marine Laws or Marine Safety Act and who has satisfactorily completed at least 40 hours of law enforcement training, including training specific to this part;
      (4)   A village or township marshal;
      (5)   An officer of the Police Department of the city;
      (6)   An officer of the State Police; and/or
      (7)   The Director and conservation officers employed by the Department of Environmental Quality.
   PERSONAL WATERCRAFT. A vessel that meets all of the following requirements:
      (1)   Uses a motor-driven propeller or an internal combustion engine powering a water jet pump as its primary source of propulsion;
      (2)   Is designed without an open load carrying area that would retain water; and
      (3)   Is designed to be operated by one or more persons positioned on, rather than within, the confines of the hull.
   PORT. Left, and reference is to the port side of a vessel or to the left side of the vessel.
   PROBATE COURT DISPOSITION. The entry of the probate court order of disposition for a child found to be within the provisions of Ch. XIIA of Public Act 288 of 1939, being M.C.L.A. §§ 712A.1 through 712A.31.
   PROSECUTING ATTORNEY. The Prosecuting Attorney of the city.
   REGATTA, BOAT RACE, MARINE PARADE, TOURNAMENT or EXHIBITION. An organized water event of limited duration that is conducted according to a prearranged schedule.
   SLOW-NO WAKE SPEED. A very slow speed whereby the wake or wash created by the vessel would be minimal.
   STARBOARD. Right, and reference is to the starboard side of a vessel or to the right side of the vessel.
   STATE AID. Payment made by the state to a county for the conduct of a marine safety program.
   UNDOCUMENTED VESSEL. A vessel that does not have, and is not required to have, a valid marine document issued by the United States Coast Guard or Federal Agency successor to the United States Coast Guard.
   UNIFORM INSPECTION DECAL. An adhesive-backed sticker created by the state pursuant to M.C.L.A. § 324.80166 that is color-coded to indicate the year that it expires and is attached to a vessel in the manner prescribed for decals in M.C.L.A. § 324.80122.
   USE. Operate, navigate or employ.
   VESSEL. Every description of watercraft used or capable of being used as a means of transportation on water.
   WATERS OF THIS STATE. Any waters within the territorial limits of the state, and includes those waters of the Great Lakes that are under the jurisdiction of the state.
   WATERS OF THE CITY. Any waters within the territorial limits of the city and includes the waters of the state under the jurisdiction of the city.
(Prior Code, § 21.5-14)
(Ord. 1048, passed 5-18-1998)
CERTIFICATION CONDITIONS
§ 95.015 CONDITIONS TO OPERATION OF VESSELS.
   (A)   Except as otherwise provided in this chapter, a person shall not operate or give permission for the operation of a vessel of any length on the waters of the city unless the fees prescribed by state law and administrative rule for the vessel are paid, the certificate of number assigned to the vessel is on board and is in full force and effect, and, except for the following, the identifying number and decal are displayed on each side of the forward half of the vessel in accordance with the rules promulgated by the state.
      (1)   A decal and identifying number for a wooden hull and historic vessel as that term is defined in M.C.L.A. § 324.80124 may be displayed in the manner described in Mich. Admin. Code R. § 281.1202.
      (2)   A decal for an inflatable boat may be displayed on the transom of the boat.
   (B)   If a vessel is actually numbered in another state of principal use in accordance with a federally approved numbering system, it is in compliance with the numbering requirements of the state while it is temporarily being used in the state. This subsection applies to a vessel for which a valid temporary certificate is issued to the vessel’s owner by the issuing authority of the state in which the vessel is principally used.
   (C)   If a vessel is removed to the state as the new state of principal use, a number awarded by any other issuing authority is valid for not more than 60 days before numbering is required by the state.
(Prior Code, § 21.5-21) (Ord. 1048, passed 5-18-1998)
§ 95.016 EXEMPTION.
   (A)   The owner of a vessel is not required to pay a fee and a vessel is not required to be numbered and to display a decal under this chapter if the vessel is one or more of the following:
      (1)   Used temporarily on the waters of the state and the owner and the vessel are from a country other than the United States;
      (2)   A vessel that is owned by the United States, used in the public service for purposes other than recreation and clearly identifiable as such a vessel;
      (3)   A vessel’s lifeboat;
      (4)   An all-terrain vehicle not used as a vessel;
      (5)   A raft, sailboard, surfboard or swim float;
      (6)   A vessel 16 feet or less, propelled by hand either with oars or paddles and not used for rental or other commercial purposes; and/or
      (7)   A non-motorized canoe or kayak not used for rental or other commercial purposes.
   (B)   The owner of a vessel documented by the United States Coast Guard or a federal agency that is the successor to the United States Coast Guard shall comply with this chapter, including the payment of fees as provided in this chapter. However, the vessel shall not be required to display numbers under this chapter.
   (C)   This chapter does not prohibit the numbering of an undocumented vessel pursuant to this chapter upon request by the owner, even though the vessel is exempt from the numbering requirements of this chapter.
(Prior Code, § 21.5-22) (Ord. 1048, passed 5-18-1998)
§ 95.017 TYPES OF CERTIFICATIONS; FEES AND TAXES; EXEMPTIONS.
   (A)   Except as otherwise provided in this section, the owner of a vessel required to be numbered and to display a decal shall file an application for a certificate of number with the Secretary of State. The Secretary of State shall prescribe and furnish certificate of title application forms. If a vessel requiring a certificate of title under M.C.L.A. §§ 324.80301 et seq. part 803 is sold by a dealer, that dealer shall combine the application for a certificate of number that is signed by the vessel owner with the application for a certificate of title. The dealer shall obtain the certificate of number in the name of the owner. The owner of the vessel shall sign the application. A person shall not file an application for a certificate of number that contains false information.
   (B)   A dealer who submits an application for a certificate of number as provided in division (A) above may issue to the owner of the vessel a 15-day temporary permit, on forms prescribed by the Secretary of State, for the use of the vessel while the certificate of number is being issued.
   (C)   A dealer may issue a 15-day permit, on a form prescribed by the Secretary of State, for the use of a vessel purchased in this state and delivered to the purchaser for removal to a place outside of this state, if the purchaser certifies by his or her signature that the vessel will be registered and primarily used and stored outside of the state and will not be returned to the state by the purchaser for use or storage. A certificate of number shall not be issued for a vessel holding a permit under this division (C).
   (D)   A 15-day temporary permit issued under divisions (B) or (C) above shall not be renewed or extended.
   (E)   A person shall operate or permit the operation of a vessel for which a 15-day temporary permit has been issued under this section only if the temporary permit is valid and displayed on the vessel as prescribed by rule promulgated in the state’s Administrative Code.
   (F)   Upon receipt of an initial application for a certificate of number in approved form and payment of the required fee, the Secretary of State shall enter the information upon the official records and issue to the applicant a certificate of number containing the number awarded to the vessel, the name and address of the owner and other information that the Secretary of State determines necessary. The Secretary of State shall issue a certificate of number that is pocket size and legible. Except as provided in division (G) below, a person operating a vessel shall present that vessel’s certificate of number to a peace officer upon the peace officer’s request.
   (G)   The owner or authorized agent of the owner of a vessel less than 26 feet in length that is leased or rented to a person for non-commercial use for not more than 24 hours may retain, at the place from which the vessel departs or returns to the possession of the owner or the owner’s representative, the certificate of number for that vessel if a copy of the lease or rental is on the vessel. Upon the demand of a peace officer, the operator shall produce for inspection either the certificate of number or a copy of the lease or rental agreement for that vessel. The lease or rental agreement shall contain each of the following:
      (1)   The vessel number that appears on the certificate of number;
      (2)   The period of time for which the vessel is leased or rented;
      (3)   The signature of the vessel’s owner or that person’s authorized agent; and
      (4)   The signature of the person leasing or renting the vessel.
   (H)   Upon receipt of a certificate of number for a vessel, the owner of that vessel shall paint on or attach in a permanent manner to each side of the forward half of the vessel the number identified in the certificate of number, in the manner prescribed by the rules contained in the state’s Administrative Code. The Secretary of State shall assign to the owner of vessels for rent or lease a block of numbers sufficient to number consecutively all of that owner’s rental or lease vessels. The owner shall maintain the numbers in a legible condition. A vessel documented by the United States Coast Guard or a federal agency that is the successor to the United States Coast Guard is not required to display numbers under this chapter, but shall display a decal indicating payment of the fee required by law, and shall otherwise be in compliance with this chapter. This division (H) does not apply to a non-powered vessel 12 feet or less in length.
   (I)   Upon receipt of an application for a certificate of number in an approved form and payment of the fee required by law, the Secretary of State shall issue a decal that is color-coded and dated to identify the year of its expiration and the decal shall be displayed as required by state law or administrative rule.
(Prior Code, § 21.5-23) (Ord. 1048, passed 5-18-1998; Ord. 1118, passed 6-11-2001)
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