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§ 95.085 PEACE OFFICERS; STOPPING OF VESSELS; DUTY OF OPERATOR.
   (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)
§ 95.086 NEGLIGENT CRIPPLING OR DEATH.
   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
§ 95.100 INSPECTION OF WATERCRAFT AND EQUIPMENT.
   (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
§ 95.101 MAXIMUM CAPACITY TAGS.
   (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
§ 95.102 WEIGHT CAPACITY.
   (A)   The capacity tag shall contain the weight capacity of the watercraft determined as hereinafter provided.
   (B)   (1)   The weight capacity of a watercraft for use with an outboard motor, except a watercraft dependent solely upon the buoyancy of pontoons or similar flotation devices, shall be determined by either of the following methods:
         WC = 7-1/2 LBD
         (a)   WC is the weight capacity in pounds;
         (b)   L is the centerline length;
         (c)   B is the maximum beam amidships; and
         (d)   D is the effective depth figured from keel to lowest freeboard.
      (2)   Reference to the manufacturer’s capacity tag installed in a watercraft if manufactured or offered for original sale in the state on or after 1-1-1968, or in accordance with standards approved by the state’s Waterways Commission, or its successor.
   (C)   The weight capacity of a watercraft with a permanently installed engine, except watercraft dependent solely upon the buoyancy of pontoons or similar flotation devices, shall be determined in the same manner as for watercraft for use with outboard motors; except that, the weight of all machinery and associated operating gear including battery, fuel and fuel system shall be subtracted.
   (D)   (1)   The weight capacity of a watercraft dependent solely upon the buoyancy of pontoons or similar flotation devices shall be determined by applying the formula:
         WC = [(62-1/2V) Boat Wgt.]:2
         (a)   WC is the weight capacity of the watercraft; and
         (b)   V is the volume of both pontoons.
      (2)   If equipped with a permanently installed engine, the weight of all machinery and associated operating gear including battery, fuel and fuel system shall be subtracted from the weight capacity.
   (E)   The weight capacity of a rowboat and any other watercraft for use without an outboard motor shall be determined in the same manner as for a watercraft for use with an outboard motor, following the formula expressed as WC = 7-1/2 LBD.
   (F)   The weight capacity of a canoe shall be determined by the formula WC = 7-1/2 LBD × 2.
   (G)   The livery operator shall provide the inspecting officer with information relative to the weight of the watercraft either by reference to the manufacturer’s rating or by actual weighing of the watercraft.
(Prior Code, § 21.5-165) (Ord. 1048, passed 5-18-1998)
§ 95.103 HORSEPOWER CAPACITY.
   (A)   The horsepower capacity of an outboard watercraft, excepting canoes or pontoon craft, shall be determined by either of the following methods.
      (1)   (a)   The horsepower capacity of an outboard watercraft, other than a canoe, and except one dependent solely upon the buoyancy of pontoons or similar flotation devices, shall not exceed the value given by the boat horsepower table in Figure 1.
         (b)   The horsepower capacity of an outboard watercraft, other than a canoe, and dependent solely upon the buoyancy of pontoons or similar flotation devices shall not exceed the value given by multiplying the cubic feet of flotation in the pontoons by the pontoon length in feet and dividing by the pontoon diameter in inches.
         (c)   If the pontoons are not circular in cross-section, the diameter of the largest circle that can be inscribed in the pontoon shall be used.
      (2)   By reference to a manufacturer’s capacity plate installed in a watercraft, if manufactured or offered for original sale in the state on or after 1-1-1968, or in accordance with standards approved by the state’s Waterways Commission or its successor, or the horsepower capacity recommended by the livery operator, whichever is the lesser.
 
FIGURE 1
Boat Horsepower Table
Multiply overall length ________ (decimal ft.) × stern width ________ (decimal ft.) = Factor ________
(nearest whole number)
Remote steering and 20” or equivalent
No remote steering or transom less than 20” or equivalent
Factor is under 40, 40-45, 46- 49, 50-53, 54-57
Over 57
Over 57
H.P. Cap is 5, 10, 15, 20, 25
(2 × Factor) - 90
(3/4 Factor) - 20
H.P. Cap = ________ (raise to even 5 h.p. increment)
 
(Prior Code, § 21.5-166)
   (B)   The horsepower capacity for canoes shall be determined by the following table, or by the horsepower capacity recommended by the livery operator, whichever is the lesser.
 
For canoes under 15 feet in length
4 horsepower
For canoes under 15 to 18 feet in length
5 horsepower
For canoes over 18 feet in length
8 horsepower
 
(Prior Code, § 21.5-167)
(Ord. 1048, passed 5-18-1998)
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