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Any person diving or submerging in any of the waters of the city with the aid of a diving suit or other mechanical diving device shall place a buoy or boat in the water at or near the point of submergence. The buoy or boat shall bear a red flag not less than 14 inches by 16 inches with a three and one-half inch white stripe running from one upper corner to a diagonal lower corner. The flag shall be in place only while actual diving operations are in progress. A vessel shall not be operated within 200 feet of a buoyed diver’s flag unless it is involved in tendering the diving operation. A person diving shall stay within a surface area of 100 feet of the diver’s flag.
(Prior Code, § 21.5-95) (Ord. 1048, passed 5-18-1998)
(A) (1) Subject to division (B) below, a person shall not operate a motorboat on the waters of the city unless the motorboat is equipped and maintained with an effective muffler or underwater exhaust system that does not produce sound levels in excess of 90 db(A) when subjected to a stationary sound level test as prescribed by SAE J2005 or a sound level in excess of 75 db(A) when subjected to a shoreline sound level measurement procedure as described by SAE J1970. The operator of a motorboat shall present the motorboat for a sound level test as prescribed by SAE J2005 upon the request of a peace officer. If a motorboat is equipped with more than one motor or engine, the test shall be performed with all motors or engines operating. To determine whether a person is violating this division (A), a peace officer may measure sound levels pursuant to procedures prescribed in SAE J1970, issued 1991-92.
(2) If these decibel levels are modified by the state, then those amendments are herein incorporated by reference and all of the following apply.
(a) A person shall not operate a motorboat on the waters of the city if the motorboat produces sound levels that exceed the maximum decibel level or levels established under this chapter.
(b) The operator of a motorboat shall present the motorboat for the sound level test established pursuant to this chapter upon the request of a peace officer.
(c) A motorboat equipped with more than one motor or engine shall be tested with all motors or engine operating.
(B) Division (A) above does not apply to any of the following:
(1) A motorboat being operated by a boat or marine engine manufacturer for the purpose of testing or development;
(2) A motorboat that qualifies as an historic vessel; or
(3) A motorboat tuning up or testing for or participating in official trials for speed records or a sanctioned race conducted pursuant to a permit issued by a unit of government.
(C) A person shall not operate on the waters of the city a motorboat that is equipped with a cutout, bypass, amplifier or other similar device.
(D) As used in this section, db(A) means decibels on the “A” scale on a sound meter having characteristics of a general purpose sound meter as defined by American National Standards Institute S1.4.-1983.
(Prior Code, § 21.5-96) (Ord. 1048, passed 5-18-1998; Ord. 1118, passed 6-11-2001)
The owner of any vessel operated upon the waters of the city is personally responsible for any damage to life or property resulting from a wake or swell created by the negligent operation or propulsion of the vessel, if the vessel is being operated with his or her consent.
(Prior Code, § 21.5-97) (Ord. 1048, passed 5-18-1998)
(A) Upon the direction of a peace officer, the operator of a vessel moving on the waters of the city shall immediately bring the vessel to a stop or maneuver it in a manner that permits the peace officer to come beside the vessel. The operator of the vessel and any person on the vessel shall do the following upon the request of the peace officer:
(1) Provide his or her correct name and address;
(2) Exhibit the certificate of number awarded for the vessel; and
(3) If the vessel does not bear a decal as required by this chapter, state law or administrative rule, submit to a reasonable inspection of the vessel and to a reasonable inspection and test of the equipment of the vessel.
(B) A peace officer who conducts an inspection of a vessel authorized under this section shall include in that inspection a reasonable examination and test of the equipment on that vessel. If the peace officer does not find a violation of a marine law, he or she shall affix to the vessel an adhesive copy of the uniform marine safety inspection decal and shall complete a receipt for that decal.
(C) A completed receipt for a decal shall include all of the following:
(1) The name of the peace officer;
(2) The time, date, and place of the inspection; and
(3) The vessel’s identifying number.
(D) (1) A peace officer shall deliver to his or her supervisor or person designated by that supervisor a receipt for a decal within 48 hours of affixing the decal to a vessel.
(2) The supervisor or person designated by the supervisor shall maintain receipts received under this section for a period of one year.
(E) Except for inspection of a vessel to determine the number and adequacy of personal flotation devices on that vessel, a peace officer shall not stop and inspect a vessel bearing the decal described in this section during the period the decal remains in effect unless that peace officer has probable cause to believe the vessel or the vessel’s operator is in violation of a marine law or local ordinance.
(Prior Code, § 21.5-98) (Ord. 1048, passed 5-18-1998)
A person who, by the operation of any vessel at an immoderate rate of speed or in a careless, reckless or negligent manner, but not willfully or wantonly, injures so as to cripple or cause the death of another is guilty of a misdemeanor.
(Prior Code, § 21.5-100) (Ord. 1048, passed 5-18-1998) Penalty, see § 95.999
CAPACITIES
(A) Watercraft subject to this chapter shall be:
(1) Of sound and substantial construction and in good seaworthy condition;
(2) Equipped by the livery operator with oars and paddles, as hereinafter provided, which shall be of sturdy construction and without holes, large chips or cracks which will diminish their operation effectiveness, or structural strength. This division (A)(2) applies to all watercraft, including those propelled by machinery or sail. Watercraft with oarlock sockets shall be equipped with not less than two oars and two oarlock horns. Watercraft without oarlock sockets shall be equipped with not less than two paddles;
(3) Equipped by the livery operator with an anchor of sufficient size and weight and an anchor line of sufficient strength and length to accommodate the watercraft in normal depth of the waters on which it is to be used. This requirement does not apply to canoes;
(4) Equipped by the livery operator with one life-saving cushion or other approved life-saving device, in good condition, per person. Life-saving equipment shall be of the type approved by the U.S. Coast Guard and shall bear a stamp or label indicating such approval. Other equipment currently prescribed by law shall also be carried on board; and
(5) Provided with sufficient buoyancy to keep the watercraft from sinking when it is filled with water and passengers are clinging to it if the aggregate weight of motor, passengers, and equipment carried in or attached to the watercraft does not exceed its maximum weight capacity, as determined by the maximum weight capacity formula contained in these rules.
(B) Pontoon boats shall meet the following deck requirements.
(1) The deck shall not exceed the width at the pontoons.
(2) The deck shall not be greater than six inches above the pontoons.
(3) The deck length within railings shall not be greater than 80% of pontoon length and shall not overhang the pontoons.
(4) The deck shall drain freely.
(Prior Code, § 21.5-161) (Ord. 1048, passed 5-18-1998) Penalty, see § 95.999
(A) Generally.
(1) The sheriff of each county or any peace officer duly authorized by him or her shall issue to the owner, for each watercraft, a maximum capacity tag.
(2) This tag shall be placed by or in the presence of, the inspecting officer on the watercraft in such a location and manner as to be clearly visible and legible from the position designed or normally intended to be occupied by the operator of the watercraft when underway.
(Prior Code, § 21.5-162)
(B) Watercraft for use with outboard motors. The capacity tag for a watercraft for use with an outboard motor shall contain:
(1) The total weight of persons, motor, gear and other articles placed aboard which the watercraft is capable of carrying with safety under normal conditions;
(2) The recommended number of persons commensurate with the weight capacity of the watercraft at a presumed weight of 150 pounds per person;
(3) The maximum horsepower of the motor the watercraft is designed or intended to accommodate; and
(4) A notice that the information appearing on the capacity tag applies under normal conditions and that the weight of the outboard motor and its associated equipment is considered to be part of the weight capacity.
(Prior Code, § 21.5-163)
(C) Watercraft not for use with outboard motors. The capacity tag for a watercraft not for use with an outboard motor, such as a canoe, rowboat, inboard boat or inboard-outboard boat shall contain:
(1) The total weight of persons, gear and other articles placed aboard which the watercraft is capable of carrying with safety under normal conditions;
(2) The recommended number of persons commensurate with the weight capacity of the watercraft at a presumed weight of 150 pounds per person; and
(3) A notice that the information appearing on the capacity plate applies under normal conditions.
(Prior Code, § 21.5-164)
(Ord. 1048, passed 5-18-1998) Penalty, see § 95.999
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