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§ 95.197 ENFORCEMENT OF SUBCHAPTER.
   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)
§ 95.198 COMPLIANCE WITH STATE LAW.
   Except as otherwise provided in this subchapter, a personal watercraft operator shall comply with 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.
(Prior Code, § 21.5-276) (Ord. 1072, passed 5-3-1999)
RESTRICTIONS, VIOLATIONS AND PENALTIES
§ 95.210 OPERATION OF VESSEL BY PERSON UNDER INFLUENCE OF INTOXICATING LIQUOR OR CONTROLLED SUBSTANCE.
   (A)   A person shall not operate a vessel on the waters of the city if either of the following applies:
      (1)   The person is under the influence of intoxicating liquor or a controlled substance, or both; or
      (2)   The person has a blood alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath or per 67 milliliters of urine.
   (B)   The owner of a vessel or a person in charge or in control of a vessel shall not authorize or knowingly permit the vessel to be operated on the waters of city by a person who is under the influence of intoxicating liquor or a controlled substance, or both, or who has a blood alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath or per 67 milliliters of urine.
   (C)   A person shall not operate a vessel on the waters of the city when, due to the consumption of an intoxicating liquor or a controlled substance, or both, the person’s ability to operate the vessel is visibly impaired. If a person is charged with violating division (A) above, a finding of guilty under this division (C) may be rendered.
(Prior Code, § 21.5-121) (Ord. 1048, passed 5-18-1998) Penalty, see § 95.999
§ 95.211 ENHANCED SENTENCING.
   (A)   If the Prosecuting Attorney intends to seek an enhanced sentence under § 95.999 of this chapter based upon the defendant having one or more prior convictions, the Prosecuting Attorney shall include on the complaint and information filed in District Court, Circuit Court, Recorder’s Court, Municipal Court or Probate Court a statement listing the defendant’s prior convictions.
   (B)   A prior conviction shall be established at sentencing by one or more of the following:
      (1)   An abstract of conviction;
      (2)   A copy of the defendant’s boating record; and/or
      (3)   An admission by the defendant.
   (C)   A person, who is convicted of an attempted violation of § 95.210(A) or (C) of this chapter, shall be punished as if the offense had been completed.
   (D)   When issuing an order under this part, the Secretary of State and the court shall treat a conviction of an attempted violation of § 95.210(A) or (C) of this chapter, former § 171(1) or (3) of the Marine Safety Act, a local ordinance substantially corresponding to § 95.210(A) or (C) of this chapter or a law of another state substantially corresponding to § 95.210(A) or (C) of this chapter the same as if the offense had been completed.
(Prior Code, § 21.5-124) (Ord. 1048, passed 5-18-1998)
§ 95.212 PEACE OFFICER; ARREST WITHOUT WARRANT; REASONABLE CAUSE; CONDITIONS; RETURNING VESSEL AND OCCUPANTS TO SHORE; EFFECT OF NOT CHARGING PERSON RECEIVING CITATION.
   (A)   A peace officer, without a warrant, may arrest a person if the peace officer has reasonable cause to believe that the person was, at the time of an accident, the operator of a vessel involved in the accident in the city while in violation of § 95.210(A) and (C) of this chapter.
   (B)   A peace officer who has reasonable cause to believe that a person was operating a vessel on the waters of the city and that, by the consumption of intoxicating liquor, the person may have affected his or her ability to operate a vessel, may require the person to submit to a preliminary chemical breath analysis. The following apply with respect to a preliminary chemical breath analysis:
      (1)   Only a peace officer who has successfully completed a training course taught by a state-certified instructor in the administration of the preliminary chemical breath analysis may administer that test;
      (2)   A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis;
      (3)   The results of a preliminary chemical breath analysis are admissible in a criminal prosecution for a crime described in § 95.210(A) and (C) of this chapter or § 95.214(E) of this chapter or in an administrative hearing solely to assist the court or hearing officer in determining a challenge to the validity of an arrest. This division (B)(3) does not limit the introduction of other competent evidence offered to establish the validity of an arrest;
      (4)   A person who submits to a preliminary chemical breath analysis remains subject to the requirements of § 95.214(E) through (H) of this chapter for the purposes of chemical tests described in those sections; and
      (5)   A person who refuses to submit to a preliminary chemical breath analysis upon a lawful request by a peace officer is responsible for a civil infraction and may be ordered to pay a civil fine of not more than $100.
   (C)   A peace officer making an arrest under this chapter shall take measures to assure that the vessel and its occupants are safely returned to shore.
   (D)   If, within 60 days after the issuance of a citation for a civil infraction under this section, the person to whom the citation is issued is not charged with a violation of § 95.210(A) and (C) of this chapter, the citation issued for the civil infraction is void. Upon application of the person to whom the citation is issued, money paid by the person as fine, costs or otherwise shall be immediately returned.
(Prior Code, § 21.5-125) (Ord. 1048, passed 5-18-1998) Penalty, see § 95.999
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