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§ 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)
§ 95.018 NOTICE OF DESTRUCTION, ABANDONMENT OR SALE OF VESSEL; TRANSFER OF VESSEL; FEES; DURATION.
   (A)   The owner of a vessel shall notify the Secretary of State within 15 days: if the vessel is destroyed, abandoned or sold; if an interest in the vessel is transferred, either wholly or in part, to another person; or if the owner’s address no longer conforms to the address appearing on the certificate of number. The notice shall consist of a surrender of the certificate of number, on which the proper information shall be noted on a place to be provided on the certificate. When the surrender of the certificate is due to the vessel being destroyed or abandoned, the Secretary of State shall cancel the certificate and enter that fact in the Secretary of State’s records, and the number may be reassigned.
   (B)   If the surrender of the certificate of number is due to a change of the owner’s address, the new address shall be recorded by the Secretary of State and a certificate of number bearing that information shall be returned to the owner.
   (C)   The transferee of a vessel register under the state, within 15 days after acquisition of a vessel, shall make application to the Secretary of State for transfer to the transferee of the certificate of number issued to the vessel. The transferee shall provide his or her name, address and the number of the vessel and pay to the Secretary of State a transfer fee. Unless the application is made and the fee paid within 15 days after acquisition of the vessel, the vessel shall be considered to be without certificate of number and a person shall not operate the vessel until a certificate is issued. Upon receipt of the application and appropriate fees, the Secretary of State shall transfer the certificate of number issued for the vessel to the new owner. The certificate of number shall be valid for a three-year period.
   (D)   If a certificate of number is lost, mutilated or illegible, the owner of the vessel shall obtain a duplicate of the certificate upon application and payment of a fee.
(Prior Code, § 21.5-24) (Ord. 1048, passed 5-18-1998)
§ 95.019 DEALER CERTIFICATES OF NUMBER AND DEALER DECALS.
   (A)   A dealer shall apply for and obtain from the Secretary of State dealer certificates of number and dealer decals for each vessel of the dealer that is tested, demonstrated or otherwise operated. A single dealer certificate of number and dealer decal issued pursuant to this section may be used on only one vessel at a time.
   (B)   The operator of a vessel governed by this chapter shall do each of the following:
      (1)   Maintain the dealer certificate of number on board the vessel;
      (2)   Upon demand of a peace officer, display the dealer certificate of number; and
      (3)   Permanently or temporarily display the identifying number and dealer decal on the vessel in accordance with rules promulgated by the state.
   (C)   A person shall not operate a vessel numbered under this section unless the dealer is on board the vessel or the operator has the written authorization of the dealer to operate the vessel. A person shall not use a vessel numbered under this section for commercial purposes that include the rental of the vessel or the carrying of passengers for hire on the vessel.
(Prior Code, § 21.5-25) (Ord. 1048, passed 5-18-1998)
§ 95.020 VIOLATION; RECORD OF CHARGE OR CITATION; INSPECTIONS AND MODIFICATIONS.
   (A)   Each judge and each clerk of a court of record shall keep a full record of every case in which a person is charged with or cited for a violation of this chapter corresponding to regulating the operation of vessels.
   (B)   (1)   Within 14 days after a conviction, forfeiture of bail, entry of a civil infraction determination or default judgment upon a charge of, or citation for, violating this chapter regulating the operation of vessels, the judge or clerk of the court of record shall prepare and immediately forward to the Secretary of State an abstract of the record of the court for the case.
      (2)   The abstract shall be certified to be true and correct by signature, stamp or facsimile signature by the person required to prepare the abstract.
      (3)   If the city is authorized to accept a payment of money as a settlement for a violation of the chapter, the city shall send a full report of each case in which a person pays any amount of money to the city to the Secretary of State upon a form prescribed by the Secretary of State.
   (C)   The abstract or report required under this section shall be made upon a form furnished by the Secretary of State.
   (D)   (1)   Every person required to forward abstracts to the Secretary of State under this section shall certify for the period from January 1 through June 30 and for the period from July 1 through December 31 that all abstracts required to be forwarded during the period have been forwarded.
      (2)   The certification shall be filed with the Secretary of State not later than 28 days after the end of the period covered by the certification.
      (3)   The certification shall be made upon a form furnished by the Secretary of State.
   (E)   The court shall not submit, and the Secretary of State shall discard and not enter on the boating record, an abstract for a conviction of civil infraction determination for a violation of this part that could not be the basis for the Secretary of State’s issuance of an order not to operate a vessel on the waters of the state. The Secretary of State shall discard and not enter on the boating record an abstract for a bond forfeiture that occurred outside the state.
   (F)   If a conviction or civil infraction determination is reversed upon appeal, the court shall transmit a copy of the order of reversal to the Secretary of State, and the Secretary of State shall enter the order in the proper book or index in connection with the record of the conviction or civil infraction determination.
(Prior Code, § 21.5-26) (Ord. 1048, passed 5-18-1998)
NUMBERING AND IDENTIFICATION
§ 95.035 APPLICABILITY.
   This subchapter regarding the numbering of vessels and motorboats apply to all motorboats and all other vessels 12 feet in length or over which are required to be numbered or to display a decal indicating payment of fees under the state laws and which are operated on any waters within the territorial limits of the city.
(Prior Code, § 21.5-41) (Ord. 1048, passed 5-18-1998)
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