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)