§ 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)