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Wyandotte, MI Code of Ordinances
WYANDOTTE, MICHIGAN CODE OF ORDINANCES
OFFICIALS PAGE
ADOPTING ORDINANCE
CHARTER
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: GENERAL BUSINESS REGULATIONS
TITLE XIII: BUSINESS REGISTRATION AND LICENSING
TITLE XV: GENERAL OFFENSES
TITLE XVII: LAND USAGE
TITLE XIX: ZONING
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 95.169 CANOES AND KAYAKS.
   (A)   A canoe or kayak shall be equipped with one Type I, II, III or IV coast guard approved personal flotation device as specified in Mich. Admin. Code R. § 281.1234, as amended, in good and serviceable condition for each person aboard. The devices shall be ready at hand and not encased in plastic bags or other type containers.
   (B)   If underway between sunset and sunrise, a canoe or kayak shall be equipped with a lantern showing a white light which shall be ready at hand and which shall be exhibited in sufficient time to prevent collision.
(Prior Code, § 21.5-245) (Ord. 1048, passed 5-18-1998)
§ 95.170 SPEED OF BOATS; NO WAKE.
   (A)   On the following waters of the Detroit River adjacent to the city, it is unlawful for the operator of a vessel to exceed a “slow-no wake” speed when within 300 feet of the shore:
      (1)   South of an east-west line beginning where the Ecorse Creek intersects the Detroit River, extending eastward 300 feet from shore and continuing to 300 feet south of the intersection of Perry Place with the Detroit River; and
      (2)   South of an east-west line beginning where Cedar Street, as extended, intersects the Detroit River, thence south to the southern most city limit as extended 300 feet off shore.
   (B)   This section shall not be enforced when waived by the state’s Natural Resources Commission or its successor for marine events.
(Prior Code, § 21.5-246) (Ord. 1048, passed 5-18-1998) Penalty, see § 95.999
PERSONAL WATERCRAFT
§ 95.185 DEFINITIONS; APPLICABLE TO PERSONAL WATERCRAFT.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ASSOCIATED EQUIPMENT. Any of the following that are not radio equipment:
      (1)   An original system, part or component of a personal watercraft 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 personal watercraft; and
      (4)   A marine safety article, accessory or equipment intended for use by a person on board a boat.
   BOAT LIVERY. As defined in § 44501 of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, being M.C.L.A. § 324.44501.
   BOATING SAFETY CERTIFICATE. Any of the following:
      (1)   The document issued by the Department under this Act that certifies that the individual named in the document has successfully completed a boating safety course and passed an examination approved and administered as required under M.C.L.A. §§ 324.80140 and 324.80211;
      (2)   A document issued by the United States Coast Guard auxiliary that certifies that the individual named in the document has successfully completed a United States Coast Guard auxiliary course concerning boating safety; and
      (3)   A written rental agreement provided to an individual named in the rental agreement entered into under § 44522 of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, being M.C.L.A. § 324.44522, only on the date or dates indicated on the rental agreement while the named individual is operating a personal watercraft leased, hired or rented from a boat livery.
   BOATING SAFETY COURSE. A course that meets both of the following requirements:
      (1)   Provides instruction on the safe operation of a personal watercraft that meets or exceeds the minimum course content for boating or personal watercraft education established by the National Association of State Boating Law Administrators Education Committee (October 1996); and
      (2)   Is approved by the Department.
   CHANNEL. Either of the following:
      (1)   The deepest part of a stream, bay or straight-through which the main current flows; or
      (2)   The part of a body of water deep enough for navigation through an area otherwise not suitable for navigation that is marked by a single or double line of navigational aids or range markers.
   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 personal watercraft that require certificates of number under part 801 of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, being M.C.L.A. §§ 324.80101 to 324.80199.
   DEPARTMENT. The Department of Natural Resources.
   DIRECTOR. The Director of the Department of Natural Resources.
   MANUFACTURER. A person engaged in any of the following:
      (1)   The manufacture, construction or assembly of personal watercraft or associated equipment;
      (2)   The manufacture or construction of components for personal watercraft and associated equipment to be sold for subsequent assembly; and/or
      (3)   The importation of a personal watercraft or associated equipment into the state for sale.
   OPERATE. To be in control of a personal watercraft that is under way and is not docked or at anchor or secured in another way.
   OPERATOR. The person who is in control or in charge of a personal watercraft while that vessel is under way.
   OWNER. A person who claims or is entitled to lawful possession of a personal watercraft by virtue of that person’s legal title or equitable interest in a personal watercraft.
   PEACE OFFICER. One or both of the following:
      (1)   A law enforcement officer, as that term is defined in § 2 of the state’s Law Enforcement Officers Training Council Act, Public Act 203 of 1965, being M.C.L.A. § 28.602; and/or
      (2)   A deputy who is authorized by a sheriff to enforce this Act and who has satisfactorily completed at least 40 hours of law enforcement training, including training specific to this Act.
   PERSON. An individual, corporation, limited liability company, partnership, association, governmental entity or other legal entity.
   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.
   POLITICAL SUBDIVISION. The City of Wyandotte.
   SLOW-NO WAKE SPEED. The use of vessel at a very slow speed so that the resulting wake or wash is minimal.
   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.
(Prior Code, § 21.5-261) (Ord. 1072, passed 5-3-1999)
§ 95.186 APPLICABILITY.
   (A)   This subchapter applies to personal watercraft and associated equipment used on the waters of the city.
   (B)   Except where expressly indicated otherwise, this article does not apply to a personal watercraft that is all of the following:
      (1)   Owned by a state or political subdivision of a state other than the state and its political subdivisions;
      (2)   Used principally for governmental purposes; and
      (3)   Clearly marked and identifiable as personal watercraft that is used principally for governmental purposes.
(Prior Code, § 21.5-262) (Ord. 1072, passed 5-3-1999)
§ 95.187 RULES.
   The rules promulgated by the Department for Natural Resources or its successor under the Administrative Procedures Act of 1969, Public Act 306 of 1969, being M.C.L.A. §§ 24.201 to 24.328, are incorporated herein with regards to personal watercraft.
(Prior Code, § 21.5-263) (Ord. 1072, passed 5-3-1999)
§ 95.188 OPERATION OF PERSONAL WATERCRAFT; REQUIREMENTS; PROHIBITION; VIOLATION.
   (A)   (1)   Except as otherwise provided in this section, a person shall not operate a personal watercraft on the waters of the city unless each person 12 years of age or older riding on or being towed behind the personal watercraft is wearing a Type I, Type II or Type III personal flotation device as described in Mich. Admin. Code R. § 281.1234.
      (2)   A person shall not operate a personal watercraft on the waters of the city unless each person on board or being towed by the personal watercraft who is less than 12 years of age is wearing a Type I or Type II personal flotation device as described in Mich. Admin. Code R. § 281.1234.
      (3)   A person shall not operate a personal watercraft on the waters of the city unless each person on board the personal watercraft is wearing a personal flotation device that is not inflatable.
      (4)   A person shall not operate a personal watercraft on the waters of the city unless the child is in the company of his or her parent or guardian or a designee of the parent or guardian.
      (5)   While operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cutoff switch on the waters of the city, a person shall have the lanyard attached to his or her person, clothing or personal flotation device as is appropriate for the personal watercraft.
      (6)   A person shall not operate a personal watercraft on the waters of the city during the period that begins one hour before sunset and ends at 8:00 a.m. As used in this division (A)(6), SUNSET means that time as determined by the National Weather Service.
      (7)   A person operating a personal watercraft on the waters of the city shall not cross within 150 feet behind another vessel, other than a personal watercraft, unless the person is operating the personal watercraft at slow-no wake speed.
      (8)   A person shall not operate a personal watercraft on the waters of the city where the water depth is less than two feet, as determined by vertical measurement, unless one or both of the following circumstances exist:
         (a)   The personal watercraft is being operated at slow-no wake speed; and/or
         (b)   The personal watercraft is being docked or launched.
      (9)   A person shall operate a personal watercraft in a reasonable and prudent manner. A maneuver that unreasonably or unnecessarily endangers life, limb or property, including, but not limited to, all of the following, constitutes reckless operation of a personal watercraft under M.C.L.A. § 324.80208:
         (a)   Weaving through congested vessel traffic;
         (b)   Jumping the wake of another vessel unreasonably or unnecessarily close to the other vessel or when visibility around the other vessel is obstructed; and
         (c)   Waiting until the last possible moment before swerving to avoid a collision.
      (10)   A person shall not operate a personal watercraft on the waters of the city carrying more persons than the personal watercraft is designed to carry.
      (11)   A violation of division (A)(10) above is prima facie evidence of reckless operation of a watercraft under M.C.L.A. § 324.80208.
      (12)   A person operating a personal watercraft in excess of the speeds established under part 801 of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, being M.C.L.A. §§ 324.80101 to 324.80199, is guilty of reckless operation of a personal watercraft under M.C.L.A. § 324.80208.
      (13)   This section does not apply to a performer engaged in a professional exhibition or a person preparing to participate or participating in a regatta, race, marine parade, tournament or exhibition held in compliance with § 80164 of the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, being M.C.L.A. § 324.80164, under a permit issued by the Department and at the time and place specified in the permit.
(Prior Code, § 21.5-264)
   (B)   A person shall not operate a personal watercraft in the waters of the city outside of a channel or in an area where aquatic rooted vegetation is visible above the surface of the water in the deltaic wetlands of a lake that is greater that 32 square miles and less than 144 square miles in area.
(Prior Code, § 21.5-265)
(Ord. 1072, passed 5-3-1999)
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