(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)