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§ 95.216 FAILURE TO ANSWER CITATION OR NOTICE OR COMPLY WITH JUDGMENT OR ORDER; CONDITIONS.
   (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)
§ 95.217 PERSONS SUBJECT TO ORDER; PROHIBITED CONDUCT.
   (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)
§ 95.218 IMPOUNDMENT OF VESSEL; ORDER; EXECUTION; LIABILITY FOR EXPENSES; RIGHTS OF CONDITIONAL VENDOR, CHATTEL MORTGAGEE OR LESSOR OF VESSEL.
   (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)
§ 95.219 CONVICTION BASED ON PLEA OF NOLO CONTENDERE.
   A conviction based on a plea of nolo contendere shall be treated in the same manner as a conviction based upon a plea of guilty or a finding of guilt for all purposes under this chapter.
(Prior Code, § 21.5-140) (Ord. 1048, passed 5-18-1998)
§ 95.220 PUBLIC DOCK, PIER, WHARF OR RETAINING WALL; ENTRY OR USE PROHIBITED UNDER CERTAIN WIND CONDITION; BARRICADES; NOTICE.
   (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
§ 95.999 PENALTY.
   (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)
      (3)   See §§ 95.210 through 95.220 of this chapter for further penalties and penal information.
   (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)
   (E)   If a person is guilty of reckless operation of a vessel, as per § 95.075 of this chapter, the violation is punishable as a misdemeanor with a fine not to exceed $500 and/or imprisonment not to exceed 90 days and subject also to the provision of § 95.075(C) of this chapter.
(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)