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(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)
(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)
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)
(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
(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)
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)
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)
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)
Peace officers shall enforce this subchapter. If a person has received a citation for a violation of a certification requirement prescribed in this subchapter, the court may waive any fine and costs upon receipt, not more than ten days after the citation is issued, of proof of certification by a law enforcement agency that the person, before the appearance date on the citation, produced a valid boating safety certificate or other certification described in this subchapter, as applicable, that was valid on the date the violation occurred.
(Prior Code, § 21.5-275) (Ord. 1072, passed 5-3-1999)
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