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(A) The following apply with respect to a chemical test and analysis of a person’s blood, urine or breath, other than a preliminary chemical breath analysis:
(1) The amount of alcohol or presence of a controlled substance, or both, in an operator’s blood at the time alleged as shown by chemical analysis of the person’s blood, urine, or breath is admissible into evidence in any civil or criminal proceeding; and
(2) A person arrested for a crime described in §§ 95.210(A) and (C) and 95.214(E)(1) of this chapter shall be advised of all of the following:
(a) If the person takes a chemical test of his or her blood, urine or breath administered at the request of a peace officer, the person has the right to demand that someone of the person’s own choosing administer one of the chemical tests; that the results of the test are admissible in a judicial proceeding as provided under this subchapter and shall be considered with other competent evidence in determining the innocence or guilt of the defendant; and that the person is responsible for obtaining a chemical analysis of a test sample obtained pursuant to the person’s own request;
(b) If the person refuses the request of a peace officer to take the test described in division (A)(2)(a) above, the test shall not be given without a court order, but the peace officer may seek to obtain such a court order; and
(c) The person’s refusal of the request of a peace officer to take the test described in division (A)(2)(a) above will result in issuance of an order that the person not operate a vessel on the waters of the state or city for at least six months.
(B) A sample or specimen of urine or breath shall be taken and collected in a reasonable manner. Only a licensed physician, or a licensed nurse or medical technician under the direction of a licensed physician, qualified to withdraw blood and acting in a medical environment, may withdraw blood at the request of a peace officer for the purpose of determining the amount of alcohol or presence of a controlled substance, or both, in a person’s blood, as provided in this division (B). A qualified person who withdraws or analyzes blood, or assists in the withdrawal or analysis, in accordance with this subchapter is not liable for a crime or civil damages predicated on the act of withdrawing or analyzing blood and related procedures unless the withdrawal or analysis is performed in a negligent manner.
(C) A rule relating to a chemical test for alcohol or a controlled substance promulgated under the state’s Vehicle Code, Public Act 300 of 1949, being M.C.L.A. §§ 257.1 through 257.923, applies to a chemical test administered under this subchapter.
(Prior Code, § 21.5-126) (Ord. 1048, passed 5-18-1998)
(A) General.
(1) A chemical test described in § 95.213 of this chapter shall be administered at the request of a peace officer having reasonable grounds to believe the person has committed a crime described in § 95.210(A) of this chapter. A person who takes a chemical test administered at the request of a peace officer, as provided in § 95.213 of this chapter, shall be given a reasonable opportunity to have someone of the person’s own choosing administer one of the chemical tests described in § 95.213 of this chapter within a reasonable time after the person’s detention, and the results of the test are admissible and shall be considered with other competent evidence in determining the innocence or guilt of the defendant. If the person charged is administered a chemical test by someone of the person’s own choosing, the person charged is responsible for obtaining a chemical analysis of the test sample.
(2) If, after an accident, the operator of a vessel involved in the accident is transported to a medical facility and a sample of the operator’s blood is withdrawn at that time for the purpose of medical treatment, the results of a chemical analysis of that sample are admissible in any civil or criminal proceeding to show the amount of alcohol or presence of a controlled substance, or both, in the person’s blood at the time alleged, regardless of whether the person had been offered or had refused a chemical test. The medical facility or person performing the chemical analysis shall disclose the results of the analysis to a Prosecuting Attorney who requests the results for use in a criminal prosecution as provided in this division (A)(2). A medical facility or person disclosing information in compliance with this division (A)(2) is not civilly or criminally liable for making the disclosure.
(3) If, after an accident, the operator of a vessel involved in the accident is deceased, a sample of the decedent’s blood shall be withdrawn in a manner directed by the medical examiner for the purpose of determining the amount of alcohol or the presence of a controlled substance, or both, in the decedent’s blood. The medical examiner shall give the results of the chemical analysis of the sample to the law enforcement agency investigating the accident and that agency shall forward the results to the state.
(Prior Code, § 21.5-127)
(B) Chemical test; introduction of other competent evidence; availability of test results.
(1) The provisions of § 95.213 of this chapter and division (A) above relating to a chemical testing do not limit the introduction of any other competent evidence bearing upon the question of whether or not a person was impaired by, or under the influence of, intoxicating liquor or a controlled substance, or both, or whether the person had 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.
(2) If a chemical test described in § 95.213 of this chapter and division (A) above is administered, the results of the test shall be made available to the person charged or the person’s attorney upon written request to the prosecution, with a copy of the request filed with the court. The prosecution shall furnish the results at least two days before the day of the trial. The results of the test shall be offered as evidence by the prosecution in that trial. Failure to fully comply with the request bars the admission of the results into evidence by the prosecution.
(Prior Code, § 21.5-128)
(C) Chemical analysis of blood, urine or breath; amount of alcohol in operator’s blood; presumptions; refusal to submit to chemical test as evidence.
(1) Except in a prosecution relating solely to a violation of § 95.210(A)(2) of this chapter, the amount of alcohol in the operator’s blood at the time alleged as shown by chemical analysis of the person’s blood, urine or breath gives rise to the following presumptions:
(a) If at the time defendant had an alcohol content of 0.07 grams or less per 100 milliliters of blood, per 210 liters of breath or per 67 milliliters of urine, it shall be presumed that the defendant’s ability to operate a vessel was not impaired due to the consumption of intoxicating liquor and that the defendant was not under the influence of intoxicating liquor;
(b) If at the time the defendant had an alcohol content of more than 0.07 grams, but less than 0.10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, it shall be presumed that the defendant’s ability to operate a vessel was impaired within the provisions of § 95.210(C) of this chapter due to the consumption of intoxicating liquor; and
(c) If at the time the defendant had an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, it shall be presumed that the defendant was under the influence of intoxicating liquor.
(2) A person’s refusal to submit to a chemical test as provided in § 95.213 and division (A) above is admissible in a criminal prosecution for a crime described in §§ 95.210(A) and (C) and division (F) below only for the purpose of showing that a test was offered to the defendant, but not as evidence in determining innocence or guilt of the defendant. The jury shall be instructed accordingly.
(Prior Code, § 21.5-129)
(D) Advising defendant of penalties and sanctions; ordering screening; assessment and rehabilitative services.
(1) Before accepting a plea of guilty or nolo contendere under §§ 95.210, 95.211 and 95.999 of this chapter, the court shall advise the accused of the maximum possible term of imprisonment and the maximum possible fine that may be imposed for the violation, and shall advise the defendant that the maximum possible sanctions that may be imposed will be based upon the boating record maintained by the Secretary of State or other evidence of a prior conviction as provided in § 95.999 of this chapter.
(2) Before imposing sentence, other than court ordered operating sanctions, for a violation of § 95.210(A) and (C) of this chapter, the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education or treatment programs. As part of the sentence, the court may order the person to participate in and successfully complete one or more appropriate rehabilitative programs. The person shall pay for the costs of the screening, assessment and rehabilitative services.
(Prior Code, § 21.5-130)
(E) Sentencing as multiple offender; consideration of prior convictions; sanctions; “another boating substance abuse offense” defined.
(1) Immediately upon acceptance by the court of a plea of guilty or nolo contendere or upon entry of a verdict of guilty for a violation of § 95.210(A) and (C) of this chapter whether or not the person is eligible to be sentenced as a multiple offender, the court shall consider all prior convictions currently entered upon the boating record of the person or other evidence of prior convictions established under § 95.999 of this chapter, except those convictions that, upon motion by the defendant, are determined by the court to be constitutionally invalid, and shall impose the following sanctions:
(a) For a conviction under § 95.210(A) of this chapter:
1. If the court finds that the person has no prior convictions within seven years for a violation of § 95.210(A) and (C) of this chapter, former § 171(1), (3), (4) or (5), or another boating substance abuse offense, or that the person has one prior conviction within seven years for a violation of § 95.210(C) of this chapter; former § 171(3) of the Marine Safety Act; former § 73b of the Marine Safety Act; a local ordinance substantially corresponding to § 95.210(C) of this chapter or former § 73b of the Marine Safety Act; or law of another state substantially corresponding to § 95.210(C) of this chapter or former § 73b of the Marine Safety Act, the court may order that the person not operate a vessel on the waters of the state for not less than one year or more than two years;
2. If the court finds that the person has one or more prior convictions within seven years for a violation of § 95.210(A) and (C) of this chapter; former § 73 of the Marine Safety Act; a local ordinance substantially corresponding to § 95.210(A) of this chapter or former § 73 of the Marine Safety Act; or a law of another state substantially corresponding to § 95.210(A) of this chapter, or former § 73 of the Marine Safety Act, the court shall order that the person not operate a vessel on the waters of the state for not less than two years; and
3. If the court finds that the person has two or more prior convictions within ten years for a violation of § 95.210(A) and (C) of this chapter, or former § 171(1), (3), (4) or (5) or another boating substance abuse offense, the court shall order with no expiration date that the person not operate a vessel on the waters of the state.
1. If the court finds that the convicted person has no prior conviction within seven years for a violation of § 95.210(A) and (C) of this chapter, or former § 171(1), (3), (4) or (5) or another boating substance abuse offense, the court may order that the person not operate a vessel on the waters of the state for not less than six months or more than one year;
2. If the court finds that the person has one prior conviction within seven years for a violation of § 95.210(A) and (C) of this chapter; former § 73 of the Marine Safety Act; a local ordinance substantially corresponding to § 95.210(A) of this chapter or former § 73 of the Marine Safety Act; or a law of another state substantially corresponding to § 95.210(A) of this chapter, or former § 73 of the Marine Safety Act, the court shall order that the person not operate a vessel on the waters of the state for not less than two years; and
3. If the court finds that the person has two or more prior convictions within ten years for a violation of § 95.210(A) and (C) of this chapter, or former § 171(1), (3) or (5) or another boating substance abuse offense, the court shall order with no expiration date that the person not operate a vessel on the waters of the state.
(2) As used in this section, ANOTHER BOATING SUBSTANCE ABUSE OFFENSE means former §§ 73 or 73b of the Marine Safety Act, a local ordinance substantially corresponding to § 95.210(A) or (C) of this chapter or former §§ 73 or 73b of the Marine Safety Act, or a law of another state substantially corresponding to § 95.210(A) and (C) of this chapter, or former §§ 73 or 73b of the Marine Safety Act.
(Prior Code, § 21.5-131)
(F) Consent to chemical tests of blood, breath or urine; circumstances; exception; administration.
(1) A person who operates a vessel on the waters of the city is considered to have given consent to chemical tests of his or her blood, breath or urine for the purpose of determining the amount of alcohol or presence of a controlled substance, or both, in his or her blood in all of the following circumstances:
(a) The person is arrested for a violation of § 95.210(A) and (C) of this chapter; and/or
(b) The person arrested for negligent homicide, manslaughter or murder resulting from the operation of a vessel, and the peace officer had reasonable grounds to believe that the person was operating the vessel while impaired by, or under the influence of, intoxicating liquor or a controlled substance, or both, or while having 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.
(2) A person who is afflicted with hemophilia, diabetes or a condition requiring the use of an anticoagulant under the direction of a physical shall not be considered to have given consent to the withdrawal of blood.
(3) A chemical test described in division (F)(1) above shall be administered as provided in § 95.213 of this chapter and division (A) above.
(Prior Code, § 21.5-132)
(G) Refusal to submit to chemical test at request of peace officer; obtaining court order; forwarding report to Secretary of State.
(1) If a person refuses the request of a peace officer to submit to a chemical test offered pursuant to § 95.213 of this chapter and division (A) above, a test shall not be given without a court order, but the officer may seek to obtain the court order.
(2) If a person refuses a chemical test offered pursuant to § 95.213 of this chapter and division (A) above, the peace officer who requested the person to submit to the test shall immediately forward a written report to the Secretary of State. The report shall state that the officer had reasonable grounds to believe the person committed a crime described in § 95.210(A) above and division (F)(1) above and that the person refused to submit to the test upon the request of the peace officer and has been advised of the consequences of the refusal. The form of the report shall be prescribed and furnished by the Secretary of State.
(Prior Code, § 21.5-133)
(H) Refusal to submit to chemical test; notice of right to request hearing.
(1) If a person refuses to submit to a chemical test pursuant to § 95.213 of this chapter and division (A) above, the peace officer shall immediately notify the person in writing that within 14 days of the date of the notice the person may request a hearing as provided in division (I) below. The form of the notice shall be prescribed and furnished by the Secretary of State.
(2) The notice shall specifically state that failure to request a hearing within 14 days will result in issuance of an order that the person not operate a vessel on the waters of the state. The notice shall also state that here is not a requirement that the person retain counsel for the hearing, though counsel is permitted to represent the person at the hearing.
(Prior Code, § 21.5-134)
(I) Refusal to submit to chemical test; failure to request hearing; manner and conditions of hearing if requested; record of proceedings; order; petitions to review order or to review determination of hearing officer.
(1) If a person who refuses to submit to a chemical test pursuant to § 95.213 of this chapter and division (A) above does not request a hearing within 14 days of the date of notice pursuant to § 95.213 of this chapter, the Secretary of State shall issue an order that the person not operate a vessel on the waters of the state for six months or, for a second or subsequent refusal within seven years, for one year.
(2) If a hearing is requested, the Secretary of State shall hold the hearing in the same manner and under the same conditions as provided in § 322 of the state’s Vehicle Code, Public Act 300 of 1949, being M.C.L.A. § 257.322. A person shall not order a hearing officer to make a particular finding on any issue enumerated under divisions (I)(2)(a) through (I)(2)(d) below. Not less than five days’ notice of the hearing shall be mailed to the person requesting the hearing, to the peace officer who filed the report under division (G) above and, if the Prosecuting Attorney requests receipt of the notice, to the Prosecuting Attorney of the county where the arrest was made. The hearing officer may administer oaths, issue subpoenas for the attendance of necessary witnesses and grant a reasonable request for an adjournment. Not more than one adjournment shall be granted to a party, and the length of an adjournment shall not exceed 14 days. A hearing under this subsection shall be scheduled to be held within 45 days after the date of arrest and, except for delay attributable to the unavailability of the defendant, a witness or material evidence or to an interlocutory appeal or exceptional circumstances, but not for delay attributable to docket congestion, shall be finally adjudicated within 77 days after the date of arrest. The hearing shall cover only the following issues:
(a) Whether the peace officer had reasonable grounds to believe that the person had committed a crime described in § 95.210(A) of this chapter or division (F)(1) above;
(b) Whether the person was placed under arrest for a crime described in § 95.210(A) of this chapter or division (F)(1) above;
(c) If the person refused to submit to the test upon the request of the officer, whether the refusal was reasonable; and
(d) Whether the person was advised of his or her rights under § 95.213 of this chapter.
(3) The hearing officer shall make a record of proceedings held pursuant to division (I)(2) above. The record shall be prepared and transcribed in accordance with § 86 of the Administrative Procedures Act of 1969, Public Act 306 of 1969, being M.C.L.A. § 24.286. Upon notification of the filing of a petition for judicial review in Circuit Court and not less than ten days before the matter is set for review, the hearing officer shall transmit to the court in which the petition is filed the original or a certified copy of the official record of the proceedings. The parties to the proceedings for judicial review may stipulate that the record be shortened. A party unreasonably refusing to stipulate to a shortened record may be taxed by the court in which the petition is filed for the additional costs. The court may permit subsequent corrections to the record.
(4) After a hearing, if the person who requested the hearing does not prevail, the Secretary of State shall order that the person not operate a vessel on the waters of the state for six months or, for a second or subsequent refusal within seven years, for one year. The person may file a petition in the Circuit Court of the county in which the arrest was made to review the order. If, after the hearing, the person who requested the hearing prevails, the peace officer who filed the report under section may, with the consent of the Prosecuting Attorney, file a petition in the Circuit Court of the county in which the arrest was made to review the determination of the hearing officer.
(Prior Code, § 21.5-135)
(Ord. 1048, passed 5-18-1998)
(A) Notwithstanding a court order issued under §§ 95.210(A) and (C) and 95.214(D) and (E) of this chapter, former §§ 171(1), (3), (4) or (5), 181 or 182 of the Marine Safety Act, former §§ 73 or 73b of the Marine Safety Act, or a local ordinance substantially corresponding to §§ 95.210(A) and (C) and 95.214(D) and (E) of this chapter, or former §§ 73 or 73b of the Marine Safety Act, if a court has not ordered a person not to operate a vessel as authorized by this chapter, the Secretary of State shall issue an order that the person not operate a vessel on the waters of the state for not less than six months or more than two years, if the person has the following convictions within a seven-year period, whether under the law of the state, a local ordinance substantially corresponding to a law of the state or a law of another state substantially corresponding to a law of the state:
(1) One conviction under § 95.210(A) of this chapter, former § 171(1) of the Marine Safety Act or former § 73 of the Marine Safety Act;
(2) Any combination of two convictions under § 95.210(C) of this chapter, former § 171(3) of the Marine Safety Act or former § 73b of the Marine Safety Act; and
(B) If the Secretary of State receives records of more than one conviction of a person resulting from the same incident, an order not to operate shall be issued solely for that violation for which an order could be effective for the longest period of time under this section.
(Prior Code, § 21.5-136) (Ord. 1048, passed 5-18-1998)
(A) If a person is charged with, or convicted of a violation of § 95.210(A), (B) and (C) of this chapter, or a local ordinance substantially corresponding to § 95.210(A), (B) and (C) of this chapter, and the person fails to answer a citation or a notice to appear in court, or for any matter pending or fails to comply with an order or judgment of the court, including, but not limited to, paying all fines, costs and crime victim’s rights assessments, the court shall immediately give notice by first-class mail sent to the person’s last known address that if the person fails to appear within seven days after the notice is issued or fails to comply with the order or judgment of the court, including, but not limited to, paying all fines, costs and crime victim’s rights assessments, within 14 days after the notice is issued, the Secretary of State will issue an order with no expiration date that the person not operate a vessel on the waters of the state. If the person fails to appear within the seven-day period or fails to comply with the order of judgment of the court, including, but not limited to, paying all fines, costs and crime victim rights assessments, within the 14-day period, the court shall immediately inform the Secretary of State who shall immediately issue the order and send a copy to the person by personal service or first class mail sent to the person’s last known address.
(B) An order imposed under division (A) above remains in effect until both of the following occur:
(1) The court informs the Secretary of State that the person has appeared before the court and that all matters relating to the violation are resolved; and
(2) The person has paid to the court a $25 administrative order processing fee.
(Prior Code, § 21.5-137) (Ord. 1048, passed 5-18-1998)
(A) A person who is ordered not to operate a vessel on the waters of this state or of the city and who has been notified of the order by personal service or first class mail shall not operate a vessel on the waters of the city. A person shall not knowingly permit a vessel owned by the person to be operated on the waters of the city by a person who is subject to such an order. A person who violates this division (A) is guilty of a misdemeanor punishable as follows:
(1) By imprisonment for not more than 90 days or by a fine of not more than $500 or both; and
(2) For a second or subsequent violation punishable under this division (A), by imprisonment for not more than 90 days or a fine of not more than $1,000 or both.
(B) Upon receiving a record of the conviction of a person upon a charge of unlawful operation of a vessel while the person is subject to an order not to operate a vessel on the waters of the city, the Secretary of State shall immediately extend the length of the order for an additional like period. If the Secretary of State receives records of more than one conviction resulting from the same incident, all of the convictions shall be treated as a single violation for purposes of extending the length of an order under this division (B).
(C) Before a person is arraigned before a judge or District Court magistrate on a charge of violating this section, the arresting officer shall obtain the boating record of the person from the Secretary of State and shall furnish the record to the court. The boating record of the person may be obtained from the Secretary of State’s computer information network.
(D) This section does not apply to a person who operates a vessel solely for the purpose of protecting human life or property, if the life or property is endangered and the summoning or giving of prompt aid is essential.
(E) If a person is convicted of violating division (A) above, the court shall order confiscation of the vessel’s certificate of number and cancellation of the vessel’s registration numbers, unless the vessel was stolen or permission to use the vessel was not knowingly given. The Secretary of State shall not assign a registration number to or issue a certificate of number for a vessel whose number is canceled and certificate confiscated until after the expiration of 90 days after the cancellation or confiscation, whichever is later.
(Prior Code, § 21.5-138) (Ord. 1048, passed 5-18-1998)
(A) (1) When a person is convicted under § 95.217(A) of this chapter, the vessel, if it is owned in whole or in part by that person, shall be ordered impounded for not less than 30 or more than 120 days from the date of judgment.
(2) An order of impoundment issued pursuant to this division (A) above is valid throughout the state.
(3) Any peace officer may execute the impoundment order.
(4) The order shall include the implied consent of the owner of the vessel to the storage for insurance coverage purposes.
(B) (1) The owner of a vessel impounded pursuant to this section is liable for expenses incurred in the removal and storage of the vessel whether or not the vessel is returned to him or her. The vessel shall be returned to the owner only if the owner pays the expenses for removal and storage.
(2) If redemption is not made or the vessel is not returned as provided in this section within 30 days after the time set in the impoundment order for return of the vessel, the vessel shall be considered abandoned.
(C) Nothing in this section affects the rights of a conditional vendor, chattel mortgagee or lessor of a vessel registered in the name of another person as owner who becomes subject to this subchapter.
(Prior Code, § 21.5-139) (Ord. 1048, passed 5-18-1998)
(A) When wind conditions on the Great Lakes attain a magnitude whereby one-third of the waves resulting from the conditions cause any public dock, pier, wharf or retaining wall to be awash, it constitutes a state not conductive to the orderly and safe use and occupancy of those structures.
(B) When the conditions described in division (A) above exist, any harbormaster, peace or police officer or other authorized official may rope off or barricade entry to these structures or post in a conspicuous manner notices that entry on those structures for the purpose of fishing, swimming or other recreational activity is prohibited.
(C) A person shall not knowingly enter or remain upon any public dock, pier, wharf or retaining wall for the purpose of fishing, swimming or other recreational activity when the structure is roped, cabled, or otherwise barricaded in a manner designed to exclude intruders, when notice against entry is given by posting in a conspicuous manner, or when notice to leave or stay off is personally communicated to that person by a peace or police officer or other authorized official of the local unit of government.
(Prior Code, § 21.5-141) (Ord. 1048, passed 5-18-1998) Penalty, see § 95.999
(A) (1) Unless otherwise specified under this chapter, a violation of this chapter or state law or administrative rules referenced under this chapter is a municipal civil infraction. Any person convicted of reckless operation of a vessel, as defined in § 95.075 of this chapter, or of operating a vessel while under the influence of intoxicating liquor or narcotic drugs, in addition to any other penalty, may be refused by the court having jurisdiction of the violation the right of operating any vessel on any of the waters of the city for a period of not more than two years. The maximum penalty where not otherwise specified under this chapter is $500 and/or 90 days in jail.
(Prior Code, § 21.5-99)
(2) Any person who violates any provision of this chapter by operating any watercraft, boat, vessel or personal watercraft in such a manner as to fail to exercise due caution on the waters of the city is responsible for a municipal civil infraction with a fine not to exceed $100, plus court costs. This infraction shall not be reported to the Secretary of the State of Michigan.
(Prior Code, § 21.5-277)
(B) A dealer who fails to submit an application as required by § 95.017 of this chapter is guilty of a municipal civil infraction, subject to a civil fine not less than $25 and not more than $500, together with costs as permitted by law.
(Prior Code, § 21.5-23)
(C) A person who violates § 95.071 of this chapter is responsible for a civil infraction and may be ordered to pay a civil fine of not more than $100.
(Prior Code, § 21.5-82)
(D) A person operating a motorboat in violation of § 95.074 of this chapter is guilty of reckless operation of a motorboat punishable as a misdemeanor with a fine not to exceed $500 and/or imprisonment not to exceed 90 days.
(Prior Code, § 21.5-86)
(Prior Code, § 21.5-87)
(F) Any person permitting himself or herself to be towed on water skis or on a water sled, surfboard or similar contrivance in violation of § 95.079(A) of this chapter is guilty of a municipal civil infraction, subject to a civil fine not less than $25 and not more than $500, together with costs as permitted by law.
(Prior Code, § 21.5-91)
(G) A person who violates § 95.083 of this chapter is guilty of a municipal civil infraction, subject to a civil fine not less than $25 and not more than $500, together with costs as permitted by law. Additionally, before putting the motorboat back in use, a person who violates § 95.083 of this chapter shall be required to install an effective muffler or underwater exhaust system that meets the requirements of § 95.083 of this chapter on the motorboat in violation at his or her expense.
(Prior Code, § 21.5-96)
(H) (1) A person who is detained for a violation of § 95.085 of this chapter and who furnishes a peace officer false, forged, fictitious or misleading verbal or written information identifying the person as another person is guilty of a municipal civil infraction, subject to a civil fine not less than $25 and not more than $500, together with costs as permitted by law.
(2) A peace officer who observes a criminal marine law violation or criminal ordinance violation may immediately arrest the person without a warrant or issue to the person a written or verbal warning.
(Prior Code, § 21.5-98)
(I) (1) Unless otherwise specified in §§ 95.185 through 95.198 of this chapter, a person who violates §§ 95.185 through 95.198 of this chapter is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $100, or both. In addition, a person who violates §§ 95.185 through 95.198 of this chapter may be required to participate in and complete a boating safety course.
(Prior Code, § 21.5-274)
(2) A person who violates § 95.188(B) of this chapter is responsible for a municipal civil infraction punishable by a fine of $100, plus court costs.
(Prior Code, § 21.5-265)
(3) A dealer who violates § 95.195 of this chapter is responsible for a municipal civil infraction and shall be ordered to pay a civil fine in the amount of $100.
(Prior Code, § 21.5-272)
(4) A dealer who violates § 95.196 of this chapter is responsible for a municipal civil infraction and shall be ordered to pay a civil fine in the amount of $100.
(Prior Code, § 21.5-273)
(J) (1) (a) If a person is convicted of violating § 95.210(A) of this chapter, the following apply:
1. Except as otherwise provided in divisions (J)(1)(b) and (J)(1)(c) below, the person is guilty of a misdemeanor and shall be punished by one or more of the following:
a. Community service for not more than 45 days;
b. Imprisonment for not more than 90 days; and
c. A fine of not less than $100 or more than $500.
2. If the violation occurs within seven years of a prior conviction, the person shall be sentenced to both a fine of not less than $200 or more than $1,000 and either of the following:
a. Community service for not less than ten days or more than 90 days, and may be imprisoned for not more than 90 days; or
b. Imprisonment for not less than 48 consecutive hours or more than 90 days, and may be sentenced to community service for not more than 90 days.
(b) A term of imprisonment imposed under division (J)(1)(a)2. above shall not be suspended. A person sentenced to perform service to the community under this section shall not receive compensation and shall reimburse the city for the cost of supervision incurred by the city as a result of the person’s activities in that service.
(c) In addition to the sanctions prescribed under division (J)(1)(a) above, the court may, pursuant to the Code of Criminal Procedure, Public Act 175 of 1927, being M.C.L.A. §§ 760.1 through 776.21, order the person to pay the costs of the prosecution. The court shall also impose sanctions under § 95.214(B) and (C) of this chapter.
(d) A person who is convicted of violating § 95.210(B) of this chapter is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not less than $100 or more than $500, or both.
(e) As used in this division (J)(1), PRIOR CONVICTION means a conviction for a violation of any of the following:
1. Section 95.210(A) of this chapter;
2. Former § 171(1), (4) or (5) of the Marine Safety Act;
3. Former § 73 of the Marine Safety Act;
4. A local ordinance substantially corresponding to § 95.210(A) of this chapter or former § 73 of the Marine Safety Unit; and
5. A law of another state substantially corresponding to § 95.210(A) of this chapter or former § 73 of the Marine Safety Act.
(Prior Code, § 21.5-122)
(2) (a) If a person is convicted of violating § 95.210(C) of this chapter, the following apply:
1. Except as otherwise provided in divisions (J)(2)(b) and (J)(2)(c) below, the person is guilty of a misdemeanor punishable by one or more of the following:
a. Community service for not more than 45 days;
b. Imprisonment for not more than 90 days; and
c. A fine of not more than $300.
2. If the violation occurs within seven years of one prior conviction, the person shall be sentenced to both a fine of not less than $200 or more than $1,000, and either of the following:
a. Community service for not less than ten days or more than 90 days, and may be sentenced to imprisonment for not more than 90 days; or
b. Imprisonment for not more than 90 days, and may be sentenced to community service for not more than 90 days.
3. If the violation occurs within ten years of two or more prior convictions, the person shall be sentenced to both a fine of not less than $200 or more than $1,000, and either of the following:
a. Community service for a period of not less than ten days or more than 90 days, and may be sentenced to imprisonment for not more than 90 days; or
b. Imprisonment for not more than 90 days, and may be sentenced to community service for not more than 90 days.
(b) In additions to the sanctions prescribed in division (J)(2)(a) above, the court may, pursuant to the Code of Criminal Procedure, Public Act 175 of 1927, being M.C.L.A. §§ 760.1 through 776.21, order the person to pay the costs of the prosecution. The court shall also impose sanctions under § 95.214(C) and (D) of this chapter.
(c) A person sentenced to perform service to the community under this section shall not receive compensation, and shall reimburse the city for the cost of supervision incurred by the city as a result of the person’s activities in that service.
(d) As used in this section, PRIOR CONVICTION means a conviction for a violation of any of the following:
1. Section 95.210(A) and (C) of this chapter;
2. Former § 171(1) of the Marine Safety Act;
3. Former § 73 of the Marine Safety Act;
4. Former § 73b of the Marine Safety Act;
5. A local ordinance substantially corresponding to § 95.210(A) and (C) of this chapter, former § 73 of the Marine Safety Act or former § 73b of the Marine Safety Act; and
6. A law of another state substantially corresponding to § 95.210(A) and (C) of this chapter, former § 73 of the Marine Safety Act or former § 73b of the Marine Safety Act.
(Prior Code, § 21.5-123)
(Ord. 1048, passed 5-18-1998; Ord. 1072, passed 5-3-1999; Ord. 1118, passed 6-11-2001)