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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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§ 95.188 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)
§ 95.189 RECKLESS OPERATION OF PERSONAL WATERCRAFT; IMPOUNDMENT.
   (A)   If a person carelessly and heedlessly operates a personal watercraft upon the waters of the city in disregard of the rights or safety of others, without due caution and circumspection, or at a rate of speed or in a manner that endangers or is likely to endanger a person or property, that person is guilty of reckless operation of a personal watercraft and is subject to the penalties described in divisions (B) or (C) below, or both, as applicable.
   (B)   Upon a person’s conviction under this section, the court may issue an order prohibiting the person from operating a personal watercraft on the waters of the state for a period of not more that two years and shall order the person to participate in and complete a boating safety course. An order issued pursuant to this division (B) is in addition to any other penalty authorized under § 95.999 of this chapter or division (C) below.
   (C)   Upon a person’s second or subsequent conviction under this section, the court may issue an order impounding the personal watercraft that the person was operating at the time the person violated division (A) above for a period of not more that one year, if either of the following conditions exists:
      (1)   The person is an owner of the personal watercraft; and/or
      (2)   The person is the minor child of an owner of the personal watercraft.
   (D)   The cost of storage for an impoundment ordered under division (C) above shall be paid by the owner of the personal watercraft.
(Prior Code, § 21.5-266) (Ord. 1072, passed 5-3-1999)
§ 95.190 OPERATION OF PERSONAL WATERCRAFT; DISTANCE REQUIREMENTS; EXCEPTIONS.
   (A)   Except when traveling at slow-no wake speed perpendicular to the shoreline, a person who operates a personal watercraft on one of the Great Lakes that is under the jurisdiction of the waters of the city shall maintain a distance of 200 feet from the shoreline.
   (B)   Except as provided in division (D) below, a person who operates a personal watercraft or a person who is being towed by a personal watercraft on a water sled, kite, surfboard, parachute, tube, water ski or similar equipment on the waters of the city shall maintain a distance of not less than 100 feet from a dock, raft or buoyed or occupied bathing or swimming area, a person in the water or on the water in a personal flotation device, or a vessel moored, anchored, drifting or sitting in dead water.
   (C)   A person who operates a personal watercraft or a person who is being towed by a personal watercraft on a water sled, kite, surfboard, parachute, tube, water ski or similar equipment on the waters of the city shall maintain a distance of not less that 200 feet from a submerged diver, vessel engaged in underwater diving activities or a flotation device displaying the international diving insignia.
   (D)   Division (B) above does not apply under either of the following conditions:
      (1)   The personal watercraft being operated or the person being towed is proceeding at a slow-no wake speed; or
      (2)   The personal watercraft being operated or the person being towed is in a navigable channel, canal, river or stream not otherwise posted.
(Prior Code, § 21.5-267) (Ord. 1072, passed 5-3-1999)
§ 95.191 INDIVIDUAL REQUIRED TO COMPLETE BOATING SAFETY COURSE; CERTIFICATE REQUIRED.
   An individual who is required to complete a boating safety course under the state law shall not operate a personal watercraft upon the waters of the city unless that individual has in his or her immediate possession a boating safety certificate.
(Prior Code, § 21.5-268) (Ord. 1072, passed 5-3-1999)
§ 95.192 DISPLAY OF BOATING SAFETY CERTIFICATE.
   (A)   An individual who is required to complete a boating safety course under the state law and who operates a personal watercraft on the waters of the city shall display his or her boating safety certificate upon the demand of a peace officer who identifies himself or herself as a peace officer.
   (B)   A person shall display only his or her own boating safety certificate upon the demand of a peace officer under division (A) above.
   (C)   A person shall not display a fraudulent boating safety certificate to a peace officer under division (A) above.
   (D)   A peace officer shall not stop a personal watercraft solely for the purpose of determining whether the operator has in his or her possession a boating safety certificate.
(Prior Code, § 21.5-269) (Ord. 1072, passed 5-3-1999) Penalty, see § 95.999
§ 95.193 OPERATION OF PERSONAL WATERCRAFT; GRADUATED AGE PROVISIONS.
   (A)   Except as provided in divisions (B) and (C) below, a person under the age of 14 shall not use a personal watercraft on the waters of the city.
   (B)   A person who is 12 or more and less than 14 years of age before 1-1-1999 may use a personal watercraft on the waters of the city if, before 1-1-1999, he or she obtained a boating safety certificate.
   (C)   A person who is 12 or more and less than 14 years of age may use a personal watercraft on the waters of the city if all of the following circumstances exist:
      (1)   The person is accompanied solely by the person’s parent or legal guardian;
      (2)   Both the person and the parent or legal guardian have obtained a boating safety certificate;
      (3)   The personal watercraft is equipped by the manufacturer with a lanyard-type engine cutoff switch, and the parent or legal guardian has the lanyard attached to his or her person, clothing or personal flotation device; and
      (4)   The personal watercraft is designed to carry not less than two persons.
   (D)   A person who was born after 12-31-1978 shall not operate a personal watercraft upon the waters of the city unless he or she first obtains a boating safety certificate.
   (E)   The owner of a personal watercraft or a person having charge over or control of a personal watercraft shall not authorize or knowingly permit the personal watercraft to be operated in violation of this section.
   (F)   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, § 21.5-27) (Ord. 1072, passed 5-3-1999; Ord. 1118, passed 6-11-2001)
§ 95.194 CERTIFICATION REQUIREMENTS FOR OUT-OF-STATE RESIDENTS.
   Beginning 4-1-2000, a person who is not a resident of the city shall operate a personal watercraft on the waters of the state only if he or she has one of the following in his or her possession:
   (A)   A boating safety certificate;
   (B)   A certificate issued by his or her state of residence that reflects education and training that is substantially similar to the education and training required to obtain a boating safety certificate under this subchapter; and/or
   (C)   A certificate showing that he or she has successfully completed a course that meets the requirement prescribed in § 95.191.
(Prior Code, § 21.5-271) (Ord. 1072, passed 5-3-1999)
§ 95.195 SOURCES OF BOATING SAFETY COURSES; FAILURE OF DEALER TO ADVISE; VIOLATION.
   A dealer of a new or used personal watercraft shall advise each person who buys a personal watercraft from the dealer of the sources of boating safety courses in the area.
(Prior Code, § 21.5-272) (Ord. 1072, passed 5-3-1999)
§ 95.196 AVAILABILITY OF DOCUMENTS TO DEALER; PROVIDING DOCUMENTS TO BUYER.
   A dealer shall provide a copy of a summary of the laws of the state that pertain to personal watercraft and a summary of the safety features of the personal watercraft to each person who buys a personal watercraft from the dealer.
(Prior Code, § 21.5-273) (Ord. 1072, passed 5-3-1999)
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