Title 9 STREETS, PARKS AND PUBLIC PROPERTIES CODE
Chapter 921 WATERCRAFT ON RESERVOIRS
921.01 Definitions.
921.01-1 Vessel and operations on waterways.
921.01-2 Vessels and operations on the downtown Scioto River Pool.
921.01-3 Vessel and operations in Griggs Reservoir.
921.01-4 Vessel and operations in Hoover Reservoir.
921.01-5 Vessel and operations in O’Shaughnessy Reservoir.
921.01-6 Permits for special water events.
921.01-7 Application for city-owned docks, stakes and moorings.
921.01-8 Permitting of private docks, stakes and moorings.
921.01-9 Boat concessions.
921.01-10 Pedal boats.
921.01-11 Aircraft landings.
921.01-12 Iceboats.
921.01-14 No liability assumed by city for safety of persons or property.
921.01-15 Designated launch facilities.
921.01-16 Harassment of fishers prohibited.
921.01-17 Law enforcement officers exempt.
921.01-18 Officers orders in event of emergency.
921.03 Flashing lights prohibited.
9.21.04 Siren prohibited except for emergency.
921.05 Requirements for operation of certain powercraft by person born in 1982 or later.
921.051 Duty to present certificate or proof of holding it.
921.052 Powercraft rentals to persons born in 1982 or later.
921.06 Restrictions on child operators; duty of supervisory adult.
921.07 Reckless or unsafe operation.
921.071 Authority of officer when especially hazardous condition exists.
921.08 Operation in certain areas prohibited; no wake or idle speed areas; marking by buoys or signs.
921.09 Prohibitions on mooring, anchoring, tying up.
921.10 Operator to stop and furnish information upon accident or collision.
921.11 Operation or physical control under influence of alcohol or drug; testing.
921.111 Implied consent.
921.12 Incapacitated operators prohibited.
921.13 Fail to comply with order of law enforcement officer; fleeing.
921.131 Duty upon approach of law enforcement vessel.
921.14 Water-skiing confined to ski zones.
921.15 Observer required when towing skier.
921.16 Water-skiing after dark prohibited.
921.18 Personal flotation device required for towed person.
921.19 Ski jumps prohibited.
921.21 Inflatable vessel regulations.
921.22 Sitting, standing, walking on moving vessel restricted.
921.23 Engine warm-up required.
921.24 Children under ten must wear appropriate size personal flotation device.
921.25 Operation without personal flotation devices prohibited.
921.251 Distress signals and flag required.
921.26 Anchor and line required; exception.
921.27 Fire extinguishers required on powercraft.
921.28 Backfire flame control device.
921.29 Ventilation required on powercraft.
921.30 Law enforcement official may order storage of vessel or outboard motor left on private property; towing byprivate dock owner.
921.301 Storage of vessel or motor left in sunken, beached, drifting or docked condition; notice; affidavit; salvage certificate.
921.302 Disposal of unclaimed vessel or motor.
921.303 Disposal of abandoned vessel or motor.
921.304 Abandonment of vessel or motor without notice to law enforcement official prohibited.
921.31 Muffler or muffler system; noise level violations.
921.32 Vessel dwelling unlawful.
921.321 Vessel camping prohibited.
921.33 Sink, toilet or sanitary system restrictions.
921.34 Violation resulting in injury or damage is evidence of negligence in a civil action.
921.38 Rental of improperly equipped vessel prohibited.
921.39 Capacity plate required.
921.40 Exceeding capacity plate figures; absence of plate.
921.49 Littering prohibited.
921.57 Tags indicating expiration date; attachment of identification number.
921.59 Duties after collision or accident; accident reports.
921.63 Enforcement.
921.66 Alteration of identifying marks; false information on application.
921.69 Firearms offenses; signaling devices.
921.92 Tampering with navigation aid or vessel prohibited.
921.99 Penalties.
921.01 Definitions.
As used in this chapter:
(1) “Canoe” means a narrow vessel
of shallow draft, pointed at both ends and propelled by human muscular effort,
and includes kayaks, racing shells, and rowing
sculls.
(2) “City-controlled” includes all city-owned land,
including but not limited to leases, easements and other legal agreements and
all waters within the territorial limits of the city of Columbus or bounded by
city-owned lands.
(3) “Coast Guard approved,” means bearing an
approval number assigned by the United States Coast
Guard.
(4) “Contiguous property” shall mean lands owned by
persons upstream from the dams which have a common boundary line with reservoir
lands but not including abutting property separated from the reservoir by a
right-of-way dedicated for public use.
(5) “Director, auditor,
treasurer” shall mean the duly appointed officers of the city acting in
their official capacity or through their deputies or employees legally
authorized to act in their stead.
(6) “Diver’s flag” means
a red flag not less than one (1) foot square having a diagonal white stripe
extending from the masthead to the opposite lower corner that when displayed
indicates that divers are in the water.
(7) “Dock” means a
structure or platform designed to provide access to or an area to secure
watercraft. Boat docking facility means any facility supporting watercraft and
designated by the director of recreation and parks, which excludes private
permitted dock structures.
(8) “Idle speed” means the slowest
possible speed needed to maintain steerage or
maneuverability.
(9) “Immediate family” mean those family
members residing within the same household.
(10) “Income
taxpayer” means a taxpayer of the Columbus City Income Tax for the year
preceding the issuance of any license, slip rental permit or private dock
lease.
(11) “Inflatable watercraft” means any vessel constructed
of rubber, canvas, or other material that is designed to be inflated with any
gaseous substance, constructed with two (2) or more air cells, and operated as a
vessel. Inflatable watercraft propelled by a motor shall be classified as
powercraft and shall be registered by length. Inflatable watercraft propelled by
a sail shall be classified as a sailboat and shall be registered by length.
Excludes any contrivances that do not bear a Hull Identification Number (HIN)
recognized by the United States Coast Guard.
(12) “In operation”
in reference to a vessel means that the vessel is being navigated or otherwise
used on the waterways of this city.
(13) “Law enforcement
vessel” means any vessel used in law enforcement and under the command of
a law enforcement officer.
(14) “Muffler” means an acoustical
suppression device or system that is designed and installed to abate the sound
of exhaust gases emitted from an internal combustion engine and that prevents
excessive or unusual noise.
(15) “Navigable waters,” means
waters which come under the jurisdiction of the Department of the Army of the
United States and any waterways within or adjacent to this state, except inland
lakes having neither a navigable inlet nor outlet.
(16) “No
wake” has the same meaning as “idle
speed.”
(17) “Operator” includes any person who navigates
or has under the person’s control a vessel, or vessel and detachable
motor, on the waters of this city.
(18) “Ordinary high water
mark” means the line on the shore established by the fluctuations of water
and indicated by physical characteristics such as clear, natural line impressed
on the bank, shelving, changes in the soil, destruction of terrestrial
vegetation, the presence of litter and debris, or other appropriate means that
consider the characteristics of the surrounding
areas.
(19) “Owner” includes any person who claims lawful
possession of a vessel by virtue of legal title or equitable interest therein
that entitled the person to that possession.
(20) “Pedal boat,”
means any watercraft designed to be propelled by pedals only through human
muscular effort.
(21) “Person” includes any legal entity defined
as a person in Section 1.59 of the Revised Code and any body politic, except the
United States and this state, and includes any agent, trustee, executor,
receiver, assignee, or other representative thereof.
(22) “Personal
watercraft” means a vessel, less than sixteen (16) feet in length, that is
propelled by machinery and designed to be operated by an individual sitting,
standing, or kneeling on the vessel rather than by an individual sitting or
standing inside the vessel.
(23) “Powercraft” means any vessel
propelled by machinery, fuel, rockets, or similar
device.
(24) “Reservoirs” shall mean the O’Shaughnessy,
Griggs and Hoover water supply storage reservoir, and all adjacent city lands,
unless specifically designated otherwise, from the dams upstream to the further
most upstream extent of city-owned shores of the streams feeding into the
reservoirs.
(25) “Resident” shall mean a bona fide resident or
registered voter of the city.
(26) “Rowboat” means any vessel,
except a canoe, that is designed to be rowed and that is propelled by human
muscular effort by oars or paddles and upon which no mechanical propulsion
device, electric motor, internal combustion engine, or sail has been affixed or
is used for the operation of the vessel.
(27) “Sailboat” means
any vessel, equipped with mast and sails, dependent upon the wind to propel it
in the normal course of operation.
(a) Any sailboat equipped with an inboard
engine is deemed a powercraft with auxiliary sail.
(b) Any sailboat equipped
with detachable motor is deemed a sailboat with auxiliary power.
(c) Any
sailboat being propelled by mechanical power, whether under sail or not, is
deemed a powercraft and subject to all laws and rules governing powercraft
operation.
(28) “Sewage” means human body wastes and the wastes
from toilets and other receptacles intended to receive or retain body
waste.
(29) “South Side Scioto River Park” means the area
bounded downstream by the spillway at Greenlawn Avenue and upstream a distance
of one and one-quarter (1-1/4) statute miles.
(30) “Type one personal
flotation device” means a device that is designed to turn an unconscious
person floating in water from a face downward position to a vertical or slightly
face upward position and that has at least nine (9) kilograms, approximately
twenty (20) pounds, of buoyancy.
(31) “Type two personal flotation
device” means a device that is designed to turn an unconscious person in
the water from a face downward position to a vertical or slightly face upward
position and that has at least seven (7) kilograms, approximately fifteen and
four-tenths (15.4) pounds, of buoyancy.
(32) “Type three personal
flotation device” means a device that is designed to keep a conscious
person in a vertical or slightly face upward position and that has at least
seven (7) kilograms, approximately fifteen and four-tenths (15.4) pounds of
buoyancy.
(33) “Type four personal flotation device,” means a
device that is designed to be thrown to a person in the water and not worn and
has at least seven and five-tenths (7.5) kilograms, approximately sixteen and
five-tenths (16.5) pounds, of buoyancy.
(34) “Type five personal
flotation device” means a device that, unlike other personal flotation
devices, has limitations on its approval by the United States Coast Guard,
including, without limitation, all of the following:
(a) The approval label
on the type five personal flotation device indicates that the device is approved
for the activity in which the vessel is being used or as a substitute for a
personal flotation device of the type required on the vessel in use;
(b) The
personal flotation device is used in accordance with any requirements on the
approval label;
(c) The personal flotation device is used in accordance with
the requirements in its owner’s manual if the approval label refers to
such a manual.
(35) “Vessel” includes every description of
watercraft, including non-displacement craft and seaplanes, designed to be used
as a means of transportation on water. Excludes any contrivances that do not
bear a Hull Identification Number (HIN) recognized by the United States Coast
Guard.
(36) “Visible” means visible on a dark night with clear
atmosphere.
(37) “Watercraft” means any of the following when
used or capable of being used for transportation on the water:
(a) A vessel
operated by machinery either permanently or temporarily affixed;
(b) A
sailboat other than a sailboard; Board type sailboats without rigidly affixed
masts; commonly referred to as “sailboards” are not watercraft;
excludes any contrivances that do not bear a Hull Identification Number (HIN)
recognized by the United States Coast Guard.
(c) An inflatable, manually
propelled boat that is required by federal law to have a hull identification
number meeting the requirement of the United States Coast Guard;
(d) A canoe
or rowboat.
“Watercraft” does not include ferries as referred to
in Chapter 4583 of the Revised Code.
“Watercraft” excludes any
contrivances that do not bear a Hull Identification Number (HIN) recognized by
the United States Coast Guard.
Watercraft subject to Section 1547.54 of the
Revised Code shall be divided into five (5) classes as follows:
Class A:
Less than sixteen (16) feet in length;
Class 1: At least sixteen (16) feet
but less than twenty-six (26) feet in length;
Class 2: At least twenty-six
(26) feet but less than forty (40) feet in length;
Class 3: At least forty
(40) feet but less than sixty-five (65) feet in length.
Class 4: At least
sixty-five (65) feet in length.
(38) “Watercraft dealer” means
any person who is regularly engaged in the business of manufacturing, selling,
displaying, offering for sale, or dealing in vessels at an established place of
business. “Watercraft dealer” does not include a person who is a
marine salvage dealer or any other person who dismantles, salvages, or rebuilds
vessels using used parts.
(39) “Waters of the city” shall mean
all city-administered water including, but not limited to reservoirs, reservoir
lands, rivers, lakes, creeks, streams, ponds and water-filled quarries. Unless
otherwise provided, this chapter applies to all vessels operating on waters of
this city. Nothing in this chapter shall be construed in contravention of any
valid federal act or regulations, but is in addition to such act or regulation
where not inconsistent.
(40) “Drug of abuse” has the same
meaning as in section 4506.01 of the Revised Code. (ORC 1547.01) (Ord. 805-05
§ 1 (part): Ord. 2276 § 1 (part).)
921.01-1 Vessel and operations on waterways.
(A) In all waterways of the city except Griggs, O’Shaughnessy and
Hoover Reservoirs and the downtown Scioto River Pool or as otherwise authorized
by this chapter, no person shall operate any vessel of:
(1) Less than eight
(8) feet or more than twenty-two (22) feet in length or;
(2) Less than
thirty-six (36) inches in beam or;
(3) Less than fifty (50) pounds in
weight;
(4) More than ten (10) horsepower.
(B) Canoes, kayaks, rowing
shells, pedal boats and inflatable watercraft bearing a Hull Identification
Number (HIN) recognized by the United States Coast Guard as vessels and
watercraft are permitted and specifically exempted from the length, beam and
weight requirements.
(C) No watercraft shall operate beyond the safety cable
at those dams where safety cables have been installed. In those areas where
there are no safety cables, no vessel shall operate within one hundred (100)
feet of any dam. No vessel shall be operated within one hundred (100) feet of
the downriver side of any dam.
(D) Except as otherwise provided in this
chapter, no person shall operate any motorized vessel on any waterways of the
city at a speed exceeding idle speed within a distance of one hundred (100) feet
of the shorelines.
(E) No person shall swim or wade in any waterways of the
city, except as a means of rescue, nor allow a minor, who is in custodial care,
to swim or wade. This section shall not prohibit wading for the purpose of
fishing.
(F) Personal watercraft, which are classified by the Coast Guard as
small Class A-1 or A-2 vessels and which use, as their primary source of
mechanical power, an inboard or outboard motor powering a jet pump, and which
are designed to be operated by a person in a sitting, standing, or kneeling
position rather than that of the conventional manner of either sitting or
standing inside the vessel, are prohibited on all city controlled
waterways.
(G) No person shall operate any motorized vessel on waterways of
the city at a speed exceeding ten (10) miles per hour between sunset and
sunrise.
(H) Between the dates of November 30 of each year to April 1 of the
following year, all vessels must be removed from all stakes, boat docks,
sailboat moorings and waterways. Any vessel found unattended in any waterways of
the city or park controlled by the city of Columbus between the dates as
specified in this paragraph will be considered abandoned by the owner and will
be impounded by a law enforcement officer and will be subject to provisions as
set forth elsewhere in this chapter.
(I) Sailboarding for the purpose of
this chapter shall be limited to those sailboats without a rigidly affixed mast
and which meet all the other requirements of this chapter.
(J) No person
shall engage or attempt to engage in any sailboard activity without wearing an
adequate and effective Coast Guard approved type one, two or three personal
floatation device in good and serviceable condition and of appropriate size, or
a jacket or harness specifically manufactured for sailboarding, and which
provides for positive buoyancy in the water.
(K) This section shall not be
construed or interpreted so as to prevent or prohibit boating on waterways of
the city between the dates of November 30 of each year and April 1 of the
following year, except in restricted areas, provided that the vessel is not
stored on city property and is immediately removed from the waterway after use.
(Ord. 805-05 § 1 (part).)
921.01-2 Vessels and operations on the downtown Scioto River Pool.
(A) Unless otherwise authorized by this chapter no person shall operate in
the downtown Scioto River Pool from one hundred (100) feet south of the intake
dam opposite the Dublin Road Pumping Station, south to the safety cable at the
Main Street Dam and from one hundred (100) feet south of the Main Street Dam to
the safety cable at the Scioto River Park Dam (Greenlawn Dam), and north on the
Olentangy River to the Goodale Avenue Bridge, any vessel of:
(1) Less than
eight (8) feet or more than twenty-two (22) feet.
(2) Less than thirty-six
(36) inches in beam or;
(3) Less than fifty (50) pounds in
weight.
(B) Canoes, kayaks, rowing shells, pedal boats and inflatable
watercraft bearing a Hull Identification Number (HIN) and recognized by the
United States Coast Guard as vessels and watercraft are permitted and
specifically exempted from the length, beam and weight requirements.
(C) No
person shall operate any motorized vessel in this area at a speed greater than
ten (10) miles per hour.
(D) No person shall operate any motorized vessel at
a speed exceeding idle speed within a distance of one hundred (100) feet of the
shorelines. (Ord. 805-05 § 1 (part).)
921.01-3 Vessel and operations in Griggs Reservoir.
(A) Unless otherwise authorized in this chapter, no person shall operate
in Griggs Reservoir any vessel of:
(1) Less than eight (8) feet or more than
twenty-two (22) feet.
(2) Less than thirty-six (36) inches in beam
or;
(3) Less than fifty (50) pounds in weight.
(B) Exceptions: Canoes,
kayaks, rowing shells, pedal boats and inflatable watercraft bearing a Hull
Identification Number (HIN) and recognized by the United States Coast Guard as
vessels and watercraft are permitted and are specifically exempted from the
length, beam and weight requirements provided;
(1) Rowing shells are
permitted during the months of May through September on weekdays from one (1)
hour before sunrise until sunset and on weekends and holidays from one (1) hour
before sunrise until 10:00 a.m. Rowing shells are permitted at all times during
the months of October through April on all days of the week. Rowing shells will
be operated parallel to the shoreline at a distance no greater than one hundred
(100) feet except that north of the Hayden Run Bridge rowing shells will be
operated no greater than fifty (50) feet of the shoreline. Rowing shells longer
than forty-five (45) feet will not be permitted north of the Hayden Run Road
Bridge. There will be four (4) crossing areas and rowing shells will utilize
only those areas designated for crossing.
(2) The crossing areas will
be:
(a) The no wake zone south of buoy number one (1).
(b) Between the
north side of the Fishinger Road Bridge and buoy number three (3).
(c) At
buoy number four (4) (“Fisherman’s Wall”). Rowing shells will
not stop within the open zone when crossing.
(d) Between buoy number five
(5) and the south side of the Hayden Run Road Bridge.
(3) The rowing shell
course shall be:
(a) Northbound shells leaving the west side boathouse shall
immediately assume a course on the west side of the river to the Fishinger Road
Bridge. Shells launching on the east side, shall cross to the west side in the
no wake zone south of buoy number one (1) to begin the course and use the same
route when returning.
(b) Northbound on the east side of the river from the
Fishinger Road Bridge to the Hayden Run Road Bridge.
(c) Northbound on the
west side of the river between Hayden Run Road Bridge and the Griggs Park
northern boundary line approximately two hundred (200) feet south Rt.
161.
(d) Southbound or returning shells shall hug the west bank all the way
back to the boathouse.
(4) Canoes, kayaks, pedal boats and inflatable
watercraft shall operate parallel to the shoreline at a distance no greater than
fifty (50) feet from the shoreline in all areas parallel and adjacent to an open
zone except for the safe operation around a navigational hazard. There will be
two (2) crossing areas and canoes, kayaks, pedal boats and inflatable watercraft
will utilize only those areas designated for crossing.
(a) The crossing
areas will be:
(1) Within one hundred (100) feet either side of the
Fishinger Road Bridge.
(2) Within one hundred (100) feet either side of the
Hayden Run Road Bridge.
(b) Canoes, kayaks, rowing shells, pedal boats and
inflatable watercraft will not operate on the east side of the river between
buoy number six (6) and buoy number seven (7).
(C) Operations of sailboats
and sailboards are prohibited.
(D) The waterway from the safety cables north
of the dam shall be open to boating at all times.
(E) Motorized vessel
operations, zones, and their speed limits shall be:
(1) From the safety
cables north of the dam to buoy number one (1), motorized vessels shall be
operated at idle speed;
(2) From buoy number one (1) to buoy number two (2),
on the eastern half of the river, motorized vessels shall be operated at idle
speed, and on the western half, motorized vessels shall be operated at a speed
not to exceed forty (40) miles per hour;
(3) The speed limit from buoy
number two (2) north to buoy number three (3) is idle speed;
(4) The speed
limit from buoy number three (3) north to buoy number five (5) is forty (40)
miles per hour.
(5) The speed limit from buoy number five (5) north to buoy
number six (6) is idle speed.
(6) The speed limit from buoy number six (6)
north to buoy number seven (7) shall be forty (40) miles per hour, except within
the eastern two-thirds (2/3) of the waterways when skiing is being conducted, no
motorized vessel, which is not actively engaged in towing water-skiers shall be
operated at a speed exceeding idle speed;
(7) The speed limit from buoy
number seven (7) north to two hundred (200) feet south of Rt.161 shall be idle
speed.
(F) Water-skiing will be permitted only between buoy number three (3)
to buoy number five (5) and between buoy number six (6) to buoy number seven
(7).
(G) The eastern two-thirds (2/3) of the waterway, from buoy number six
(6) to buoy number seven (7) is designated as a water sports practice and
tournament zone, with a ski jump area on the eastern portion thereof as well as
a slalom course.
(H) No person shall operate any motorized vessel at a speed
exceeding idle speed within a distance of one hundred (100) feet of the
shorelines. (Ord. 805-05 § 1 (part).)
921.01-4 Vessel and operations in Hoover Reservoir.
(A) Unless otherwise authorized by this chapter, no person shall operate
in Hoover Reservoir any vessel of:
(1) Less than eight (8) feet or more than
twenty-two (22) feet except sailboats which may be up to twenty-five (25) feet
in length.
(2) Less than thirty-six (36) inches in beam or;
(3) Less
than fifty (50) pounds in weight or;
(4) More than ten (10) horsepower or
restricted thereto.
(B) Exceptions:
(1) Canoes, kayaks, rowing shells,
pedal boats and inflatable watercraft bearing a Hull Identification Number (HIN)
and recognized by the United States Coast Guard as vessels and watercraft are
permitted and specifically exempted from the length, beam and weight
requirements.
(2) Board type sailboats without rigidly affixed masts;
commonly referred to as “sailboards” are specifically exempted from
the length, beam and weight requirements and their hours of use shall be
restricted to those hours from sunrise to sunset.
(C) The waterway north of
the no boat buoys at the dam shall be open to boating at all times except for
areas specifically exempted. Boating will not be permitted within one hundred
(100) feet of the down-river side of the dam.
(D) No person shall operate a
motorized vessel at a speed greater than ten (10) miles per hour.
(E) Before
launching a vessel with a motor in excess of ten (10) horsepower, the motor will
be tilted and must remain tilted while on the waterway.
(1) Motors in excess
of ten (10) horsepower may remain in a non-tilt position provided their prop is
removed prior to launch and remain so while on the waterway.
(F) No water
skiing will be permitted.
(G) No person shall operate any motorized vessel
at a speed exceeding idle speed within a distance of one hundred (100) feet of
the shorelines. (Ord. 805-05 § 1 (part).)
921.01-5 Vessel and operations in O’Shaughnessy Reservoir.
(A) Unless otherwise authorized by this chapter, no person shall operate
in O’Shaughnessy Reservoir any vessel of:
(1) Less than eight (8) feet
or more than twenty-two (22) feet.
(2) Less than thirty-six (36) inches in
beam or;
(3) Less than fifty (50) pounds in
weight.
(B) Exceptions:
Canoes, kayaks, rowing shells, pedal boats and
inflatable watercraft bearing a Hull Identification Number (HIN) and recognized
by the United States Coast Guard as vessels and watercraft are permitted and are
specifically exempted from the length, beam and weight requirements;
(C) The
above exempted vessels are permitted provided that:
(1) Rowing shells are
permitted during the months of May through September on weekends and holidays
from one (1) hour before sunrise until 10:00 a.m. Rowing shells are permitted on
all other days of the year from sunrise until sunset. Rowing shells will be
operated parallel to the shoreline at a distance no greater than one hundred
(100) feet except that between buoy number four (4) and buoy number five (5)
rowing shells will be operated no greater than fifty (50) feet from the
shoreline. Rowing shells will utilize only those areas designated for
crossing.
(2) Crossing areas will be:
(a) The No Wake
areas.
(b) Just south of buoy number four (4).
(3) Canoes, kayaks, pedal
boats and inflatable watercraft shall operate parallel to the shoreline at a
distance not greater than fifty (50) feet from the shoreline in all areas
parallel and adjacent to an open zone, except for the safe operation around
navigational hazards.
(4) Canoes, kayaks, rowing shells, pedal boats and
inflatable watercraft will not operate on the east side of the river between
buoy number four (4) and buoy number five (5) “Tournament Water-ski
Zone”.
(5) Canoes, kayaks, pedal boats and inflatable watercraft may
operate anywhere within the posted no wake zones.
(6) The designated canoe,
kayak, pedal boat and inflatable watercraft crossing shall be between buoy
number two (2) and buoy number three (3).
(D) Board type sailboats without
rigidly affixed masts, referred to as “sailboards” are permitted in
the area from the safety cable at the dam north to buoy number one
(1).
(E) The waterway north of the safety cable north of the dam shall be
open to boating at all times.
(F) Vessel operations, zones, and speed limits
shall be:
(1) From the safety cable north of the dam north to buoy number
one (1) is a designated sailboat area and all sailboats shall stay south of buoy
number one (1) on Saturdays, Sundays and holidays.
(a) Exception: Sailboats
launching or docked south of Home Road may sail in a path as direct as possible
to and from the designated sailing area south of buoy number one
(1).
(2) The speed limit in the area known as Eversole Run and Twin Lakes
shall be no wake, idle speed.
(3) The speed limit between buoy number one
(1) and buoy number two (2) shall be forty (40) miles per hour and is designated
as an open zone;
(4) The speed limit between buoy number two (2) and buoy
number three (3) shall be no wake, idle speed;
(5) The speed limit between
buoy number three (3) and buoy number four (4) shall be forty (40) miles per
hour and is designated as an open zone;
(6) The speed limit between buoy
number four (4) and buoy number five (5) shall be forty (40) miles per hour
except within the eastern two-thirds (2/3) of the waterway when skiing is being
conducted, no vessel, which is not actively engaged in towing water-skiers,
shall be operated at a speed greater than no wake, idle speed;
(7) The speed
limit north of buoy number five (5) shall be no wake, idle
speed.
(E) Water-skiing will be permitted only between buoy number one (1)
and buoy number two (2) and between buoy number three (3) and buoy number five
(5).
(F) The eastern two-thirds (2/3) of the waterway between buoy number
four (4) and buoy number five (5) is designated as a water sports practice and
tournament zone with a ski jump area on the eastern portion thereof as well as a
slalom course.
(G) No person shall operate any motorized vessel at a speed
exceeding idle speed within a distance of one hundred (100) feet of the
shoreline. (Ord. 805-05 § 1 (part).)
921.01-6 Permits for special water events.
(A) No person or organization shall conduct any race, regatta, or other
special event upon the waterways of the city without first obtaining written
permission, upon application not less than thirty (30) days prior to the time of
the proposed race, regatta, or event from the director of recreation and parks.
The director of recreation and parks shall have the authority to direct the
procedures of these scheduled events and, if necessary, prevent the operation of
other boats in certain areas during the designated time of such event. The
director of recreation and parks shall timely inform the chief of police of the
approved scheduled event.
(B) Waterways of the city shall be open to all
citizens on equaterms and none shall be given special privileges thereon, or be
permitted to make use of the waterways of the city for any purpose not
practically common to all, except, upon written application, when it is in the
best interest of the city, the director of recreation and parks has the
authority to issue permits for conduct on park property that may otherwise be in
violation of this chapter, and to attach conditions to such
permits.
(C) Nothing in this section shall be construed to mean that the
operator of a vessel competing in a specially authorized race, regatta, or
special event shall not attempt to attain high speeds on a marked racing course.
Such events will provide for vessel operation on an hourly basis from
non-affected areas.
(D) It shall be the duty of every person or organization
claiming to have a permit for a special water event issued by the director of
recreation and parks to produce and display such permit upon the request of any
law enforcement officer or authorized city of Columbus official. (Ord. 805-05
§ 1 (part).)
921.01-7 Application for city-owned docks, stakes and moorings.
(A) Rentals of a city boat dock, boat stake or mooring shall be issued on
a permit prepared for that purpose and on file in the office of the director of
recreation and parks. The permit shall not be transferred, assigned, loaned or
subleased.
(B) An applicant for a city dock, stake or mooring permit must
prove ownership of a vessel by presenting the current state of Ohio registration
certificate or similar registration or copy thereof from the state in which the
vessel is registered. No vessel other than the one designated on the permit
shall be tied to the designated dock, stake or mooring:
(1) The director may
consider applicants owning vessels with current registrations from states other
than Ohio provided the applicant presents a currant state of Ohio registration
certificate within ten (10) working days, failure to do so shall result in the
forfeiture of the fee and revoking of the permit.
(2) The director may
consider an applicant for any vacant city-owned docks, stakes or mooring without
a current registration, provided proof of purchase is presented in writing.
Within forty-five (45) calendar days the applicant must prove ownership of a
vessel by presenting the state of Ohio registration certificate or copy thereof
for the vessel to be placed at the dock, stake or mooring. No vessel other than
the one designated on the permit shall be tied to the assigned dock, stake or
mooring. Failure to comply with this section shall result in the forfeiture of
the fee and revoking of the permit.
(3) The director may consider corporate
applicants or applicants using leased vessels for docks, stakes or moorings with
proper proof of vessel and corporate ownership or proper proof of the lease
agreement, current registration and ownership of the leased
vessel.
(C) Permits for the rental of a city slip, private dock, boat-stake
or mooring permit shall be signed by the same person whose name appears on the
registration certificate or by the power of attorney.
(D) Applicants seeking
a temporary boat dock or stake will also be required to present an Ohio
registration certificate or similar type of registration from the state in which
the boat is registered.
(1) Provided space is available from May 1 through
October 31 of each year, temporary docking may be available on the waterways for
a period of not less than one (1) day and not more than fourteen (14)
consecutive days. Temporary dock permits shall be obtained from the department
of recreation and parks. Boaters utilizing the temporary dock system may not
store their boat trailers on park property and/or waterways.
(2) Short-term
courtesy docks and docking stakes may be provided at each of the waterways for
boaters to utilize the recreational facilities for a period of time, not to
exceed two (2) hours. Such docks and/or stakes shall be designated by the
director of recreation and parks, and posted accordingly.
(E) The applicant
shall agree to abide by all the laws, rules and regulations relative to his
and/or his family’s conduct, his or their use and operation of watercraft
and outboard motors, use of all waterways of the city, adjacent lands, boat
docks, boat stakes and moorings. Further, the applicant agrees to assume the
defense of and to indemnify and save harmless the city from any and all claims,
suits, loss or damage or injury to person(s) or property of any kind or nature
whatsoever arising in the use or operation of any vessel, outboard motor, boat
dock, boat stake or moorings.
(F) The director of recreation and parks shall
not be required to approve any permits that are not in the best interest of the
city of Columbus. Any misstatement of fact on any permit shall, at the
discretion of the director of recreation and parks, constitute sufficient
grounds for the rejection or cancellation of any license, or rental permit
issued thereunder. The director of recreation and parks shall notify any person
whose permit is rejected or cancelled in writing and the reason therefore shall
be stated.
(G) Any violation of the terms or conditions of any license, or
rental permits shall be reported by a law enforcement officer to the director of
recreation and parks and may result in the temporary or permanent suspension or
cancellation of such license, or rental permit by the director of recreation and
parks.
(H) The recreation and parks commission shall establish rental fees
for both permanent and temporary uses of city-owned boat slips; finger slip
docks, boat stakes, and sailboat moorings on the waterways.
(I) All moneys
received from the annual slip, stake and mooring rental as provided for in this
section shall be placed in the operation and extension fund for the department
of recreation and parks.
(J) With the exception of temporary docks, all dock
permits, must be renewed between the dates of January 1 and April 15 of each
year. All dock permits provided for in this section shall begin on May 1 and
expire on October 31 of the calendar year.
(K) All stake permits must be
renewed between the dates of January 1 and March 15, inclusive, of the calendar
year. All stake permits provided for in this section shall begin on April 1 and
expire on October 31 of the calendar year.
(L) Dock, stake or moorings will
revert back to the city for reissue if the permit is cancelled or not renewed
within the time specified elsewhere in this chapter.
(M) Installation of
lockers of any description is prohibited on all city-owned boat slips on all
waterways of the city. No person shall in any manner alter any city-owned boat
slips or to attach materials of any nature to any city-owned boat slip on any
waterways of the city without the expressed written permission of the director
of recreation and parks.
(N) Location and installation of each stake shall
be under the supervision of the director of recreation and parks. One (1) boat
is permitted to one (1) stake, with the exception of pontoon or
“float” boats, which shall require two (2) stakes. Stakes will be
furnished and installed by the city of Columbus, in a number and location deemed
advisable by the director.
(O) Areas that are designated as
“sailboat,” “pontoon” or “float boat” areas
will be used exclusively for these boats.
(P) Upon the payment of the
appropriate fee, the director of recreation and parks will issue a boat, stake
or sailboat mooring permit for a designated area at a specific
waterway.
(Q) Any vessel found unattended in any waterways of the city
between the dates of November 30 of each year to April 1 of the following year,
will be considered abandoned by the owner and will be impounded subject to the
provisions as set forth in this chapter regarding the abandonment of
vessels.
(R) Any vessel found in any waterways of the city in violation of
this section will be impounded and will be subject to the provisions as set
forth in this chapter regarding the abandonment of vessels. (Ord. 805-05
§ 1 (part).)
921.01-8 Permitting of private docks, stakes and moorings.
(A) Permitting for a private boat dock, boat stake or mooring shall be
issued on a permit prepared for that purpose and on file in the office of the
director of recreation and parks. The permit shall not be transferred, assigned,
loaned or subleased;
(1) As used in this section, private docks refer to,
and shall include, docks, platforms or any other such structure which have been
privately constructed and maintained by the applicant and which extend over or
on the waterways of the city and shall include all such facilities whether
extending from private lands, or lands controlled by the city.
(2) Each
contiguous property owner, applicant, may be issued not more than one (1) permit
per legal address which shall include one (1) vessel. Additional vessels
registered to the same property owner may be considered and the recreation and
parks commission establish such fees. The department shall determine the
placement of such dock, stake or mooring and reserves the right of denial to any
applicant wherein such conditions as natural or navigational hazards/barriers
exist or there is a determination made that the issuance of such permit shall
negatively impact upon a sensitive shoreline habitat.
(B) The applicant
shall agree to abide by all the laws, rules and regulations relative to the
applicant’s and/or the applicant’s family’s conduct, his/her
or their use and operation of any vessel, use of all waterways of the city,
adjacent lands, boat docks, boat stakes and moorings. Furthermore, the applicant
shall agree to assume the defense of and to indemnify and save harmless the city
from any and all claims, suits, loss or damage or injury to person(s) or
property of any kind or nature whatsoever arising in the use or operation of any
vessel, boat dock or boat stake.
(C) The recreation and parks commission
shall establish rental fees and late charges for private docks, stakes and
moorings. All dock; stake and mooring permits must be renewed between the dates
of January 1 and March 15 of each year. All dock; stake and mooring permits
provided for in this section shall begin April 1 and expire on November 30 of
the calendar year;
(1) If the waterways of the city have reached the maximum
safe boating carrying capacity a grace period may be given until May 1, of that
year which shall include a late fee. After May 1, the director may permit the
first eligible applicant, whose name appears on the official waterways waiting
list, an opportunity to apply for dock, stake or mooring privileges;
(2) If
the waterways of the city have not reached the maximum safe boating carrying
capacity by the recreation and parks commission, a late fee schedule shall
apply.
(D) Any violation of the terms or conditions of any license, or
rental permits shall be reported by a city official to the director of
recreation and parks and may result in the temporary or permanent suspension or
cancellation of such license, or rental permit by the director of recreation and
parks.
(E) Any permit granted to individuals hereunder shall be for the sole
benefit of the permittee and the permittee’s immediate family, residing in
the same household. A permit will only be issued for private docks, stakes and
moorings to the person or persons whose name appears on the property deed of a
contiguous private residence. An applicant for a private dock, stake or mooring
permit must prove ownership of a vessel by presenting the current state of Ohio
registration certificate or copy thereof for the vessel(s) to be moored in the
dock, stake or mooring before the permit will be issued. No vessel(s) other than
those designated on the permit shall be tied to the designated dock, stake or
mooring.
(1) The director may issue a special permit to any private dock,
stake or mooring applicant not owning a vessel.
(2) The director may approve
temporary docking privileges for contiguous private permit holders, not to
exceed thirty (30) days in a boating season.
(3) The director may consider
applicants using leased vessels for docks, stakes or moorings with proper proof
of the lease agreement, current registration and ownership of the leased
vessel.
(F) Permits for the rental of a private dock, stake or mooring shall
be signed by the same person whose name appears on the registration certificate
or by power of attorney. Certificates of title for vessels moored in private
docks, stakes or moorings shall bear the same name as named on the private dock,
stake or mooring permit and shall be shown upon request unless exempted by
921.01-8 (E)(2). No vessel other than those designated on the permit shall be
tied to the designated dock, stake or mooring. No area of waterfront for private
docks, stakes or moorings shall be used for any commercial purposes or for
rental or loan to others. Any violation of this section shall be cause for
revocation of the permit.
(G) All vessels must be removed from private docks
and stakes between the dates of November 30 of each year to April 1 of the
following year.
(H) Any vessel found unattended in any waterways of the city
between the dates of November 30 of each year to April 1 of the following year
will be considered abandoned by the owner and will be impounded subject to the
provisions as set forth in this chapter regarding the abandonment of
vessels.
(I) Any vessel in any waterways of the city in violation of this
section will be impounded subject to the provisions as set forth in this chapter
regarding the abandonment of vessels.
(J) No boathouses or other structures
shall be constructed on permitted ground. Private docks may be left in the water
during the winter season, November 30 of each year until the following April 1,
provided they were permitted the previous season.
(K) No private boat dock,
stake or mooring permits shall be allowed on the west side of Griggs Reservoir
south of the Fishinger Road Bridge. This does not apply to existing legally
maintained boat club leases with the recreation and parks
department.
(L) Application for new private docks, stakes and moorings along
the shores of the waterways will be given consideration only for those areas
that are contiguous to undeveloped city property provided:
(1) All
applicants for private dock permits must own real property adjacent to
undeveloped city controlled property. The applicant’s property, at a
minimum, must be contiguous and parallel to undeveloped city controlled property
for one hundred (100) feet. All new applicants as of January 1, 2005 must own
real property contiguous and parallel to undeveloped city property within two
hundred and fifty (250) feet of the ordinary high water mark. Current property
owners whose real property line are greater than two hundred and fifty (250)
feet away from the ordinary high water mark and have a current valid private
dock permit will be permitted to renew annually until such time as the property
owner fails to renew the annual permit.
(2) All applicants for private stake
permits must own real property adjacent to undeveloped city controlled property.
The applicant’s property, at a minimum, must be contiguous and parallel to
undeveloped city controlled property for ten (10) feet. All new applicants as of
January 1, 2005 must own real property contiguous and parallel to undeveloped
city property within two hundred and fifty (250) feet of the ordinary high water
mark. Current property owners whose real property line are greater than two
hundred and fifty (250) feet away from the ordinary high water mark and have a
current valid private stake permit will be permitted to renew annually until
such time as the property owner fails to renew the annual permit.
(3) The
waterways of the city does not exceed established safe boating carrying capacity
based on formulas developed by the Ohio Department of Natural Resources, and
established and adopted by the recreation and parks commission. If said waterway
is at maximum Safe Boating Carrying Capacity, the applicant will be placed on
such official waterways waiting list and may receive the first available
opening.
(M) Application for renewal of private boat docks and stakes that
are already installed and in use on the waterways of the city as of the
effective date of this section shall not be required to meet the requirements of
subsection (L)(1) and (L)(2). If permittee fails to renew the permit by the
annual renewal date then said application will be considered as new and must
meet the provisions of subsection (L).
(N) The permitted area may include a
five (5) foot wide path extending from the applicant’s property to the
water’s edge, as laid out and approved by the director of recreation and
parks in accordance with rules adopted by the director of recreation and
parks.
(O) Permittees may erect a floating dock subject to the permission of
and in accordance with the standards of the United States Army Corps of
Engineers and city of Columbus. Plans for proposed docks must be submitted to
and approved by the director.
(1) The recreation and parks commission may
adopt administrative rules for floating boat dock construction, maintenance and
other privileges pertaining to the use of undeveloped city parkland. Violation
of administrative rules shall result in the temporary or permanent revocation of
docking privileges and/or impoundment of vessel(s) and removal of associated
structures on parkland.
(2) The director must approve any alteration or
improvements to existing permitted structure(s) in writing.
(P) Private boat
docks and stakes without the proper permit are prohibited and will be considered
abandoned by the owner and will be removed subject to provisions as set forth in
this chapter and the administrative rules.
(Q) Placement or storage of any
private property on reservoir parkland is prohibited without written approval
from the director.
(R) By March 31, 2001, all applicants for new or renewal
of permits for private docks, stakes and moorings along the shore of the
waterways of the city must have an approved land stewardship agreement on file
with the division of water prior to the issuance of said permit. A land
stewardship agreement shall define agreed upon water supply reservoir watershed
best management practices and landscape enhancements that abutting property
owners may perform on city property.
(S) All private docks, ramps, improved
walkways, improvements, utilities or any other private structures or property
shall be removed by the person or person(s) originally granted permission to
make the improvements, at their expense, if at any time that person or person(s)
fails to renew the annual permit or transfers the adjacent private property to a
new owner. These improvements may only be left in place if a new owner advises
the city of Columbus, recreation and parks department, in writing that they
accept full responsibility for the maintenance and removal (if necessary) of
these improvements. This acceptance must be on an approved Columbus recreation
and parks department form for this purpose and must be submitted within ninety
(90) days of the transfer of the adjacent real property. Any and all
encroachment issues must be fully resolved to the satisfaction of the city of
Columbus before permission or permits may be granted for any dock, stake,
mooring or additional improvements. (Ord. 805-05 § 1
(part).)
921.01-9 Boat concessions.
(A) The director of recreation and parks is authorized to advertise and
receive bids and let to the highest responsive, responsible bidder(s), boat
concession(s) on waterways of the city, where it is deemed to be in the
public’s best interest. Only successful bidders for these concessions will
be permitted to operate boats for any commercial purposes or for hire to others,
and such concession agreement shall be subject to the applicable rules and
regulations provided for in this chapter and such further rules and regulations
as may be promulgated and established by the director of recreation and parks
for the operation and maintenance of such boats including the maximum
permissible number of passengers thereon.
The director of recreation and
parks must approve the charge for rides on, or rental of, any such boats and the
schedule for charges may provide different rates for adults, children and
chartered trips. Such concession agreements shall also provide for saving the
city free and harmless from all claims and demands by reason of the operation
and maintenance of such boats. The director of recreation and parks shall
require in the contract that the successful bidder furnish bond by an approved
surety in an amount satisfactory to him as necessary to secure the protection of
all persons in or out of the concessionaire’s boats who claim to have
suffered damages by reason of the operation of such boats.
(B) No person
shall operate or cause to be operated in any waterways of the city any vessel
for any commercial purpose or for hire to others, until permission has been
obtained from the director of recreation and parks by enactment of an enabling
ordinance by city council.
(C) Vessels operating under a concession
agreement shall be exempt from the length limitations found elsewhere in this
chapter.
(D) A law enforcement officer shall impound any vessel or dock
being used in violation of this section. Violations of this regulation shall be
cause for revocation of any concession agreement issued pursuant to this
chapter. All money received from any of the concession agreements shall be
placed in the operation and extension fund of the department of recreation and
parks. (Ord. 805-05 § 1 (part).)
921.01-10 Pedal boats.
(A) Pedal boats that bear a Hull Identification Number (HIN) recognized by
United States Coast Guard as watercraft are permitted and are specifically
exempted from the length, beam and weight requirements except that at
O’Shaughnessy, Hoover and Griggs Reservoirs they are restricted to the
same areas where canoes and kayaks may operate. (Ord. 805-05 § 1
(part).)
921.01-11 Aircraft landings.
No person shall land any aircraft on any waterways of the city,
unless:
(1) The aircraft is experiencing mechanical problems and must make
an emergency landing or;
(2) Application has been made and approval granted
by the director of recreation and parks for such aircraft landings. (Ord. 805-05
§ 1 (part).)
921.01-12 Iceboats.
No person shall operate an iceboat on any waterways of the city except on
Hoover Reservoir, and shall meet the following requirements:
(1) Iceboats
may not be propelled by any means other than sails;
(2) Gross vessel weight
may not exceed three hundred (300) pounds, to include mast, sails, and all other
equipment;
(3) Are required to carry fifty (50) feet of line readily
accessible for use. (Ord. 805-05 § 1 (part).)
921.01-14 No liability assumed by city for safety of persons or property.
The city shall assume no liability whatsoever for the safety of boats,
vessels, iceboats, boat slip, private boat docks, boat stakes or moorings, or
the operators or users thereof or passengers therein or thereon located on
waterways of the city and land. In each application for rental of a city slip, a
private dock or stake permit, the applicant shall agree to assume the defense
of, indemnify and save harmless the city from any and all claims, suits, loss or
damage or injury to persons or property of any kind or nature whatsoever
occurring to persons or property of the applicant, including, but not limited to
his family, servants, agents, guests, invitees or any other person, arising in
connection with the use or operation of any boat, iceboat, outboard motor, boat
slip, private boat dock, boat stake or mooring, in, on or about waterways of the
city or land. (Ord. 805-05 § 1 (part).)
921.01-15 Designated launch facilities.
Launching and/or loading of a vessel in any waterways of the city will
only be permitted in areas and times designated by the director of recreation
and parks and specifically marked for that purpose. (Ord. 805-05 § 1
(part).)
921.01-16 Harassment of fishers prohibited.
(A) No person shall purposely prevent or attempt to prevent any person
from fishing for a wild animal as authorized by Chapter 1533 of the Ohio Revised
Code by any of the following means:
(1) Placing oneself in a location in
which the person knows or should know that the person’s presence may
affect the behavior of the wild animal being fished for or otherwise affect the
feasibility of the taking of the wild animal by the fisherman;
(2) Creating
a visual, aural, olfactory, or physical stimulus intended to affect the behavior
of the wild animal being fished for;
(3) Affecting the condition or location
of personal property intended for use in the fishing activity.
(B) No person
shall fail to obey the order of a peace officer or game protector to desist from
conduct that violates subsection (A) of this section.
(C) This section
applies only to acts committed on lands or waterways of the city upon which
fishing activity may lawfully occur. This section does not apply to acts of a
peace officer, the owner of the lands or waters, or a tenant or other person
acting under authority of the owner on the lands or water.
(D) As used in
this section, “peace officer” has the same meaning as in Section
2935.01 of the Revised Code, and 1531.13 of the Revised Code. (ORC
1533.03)
(E) Fishing contrivance(s) not attended to in special management
areas, as designated by the director, are subject to removal if such
contrivance(s) interferes with special management operations. (Ord. 805-05
§ 1 (part).)
921.01-17 Law enforcement officers exempt.
Any vessel operated by any law enforcement officers shall be exempted from
all length, weight, beam and speed requirements on the waterways of the city.
(Ord. 805-05 § 1 (part).)
921.01-18 Officers orders in event of emergency.
Law enforcement officers are authorized to issue orders, either in person
or by writing or by means of visible or audible signal for the purpose of
controlling the use of the waterways of the city, adjacent lands and city-owned
parks in conformance with the provisions of the Columbus City Codes and Revised
Code. In the event of fire, high water, storm or other emergency or when
reasonably necessary for the safety of or to protect the public or city
property, said officer may issue orders as conditions may require,
notwithstanding the provisions of the Columbus City Codes and/or the Revised
Code. (Ord. 805-05 § 1 (part).)
921.03 Flashing lights prohibited.
(A) No person shall install or use any intermittently flashing light of
any type or color on any vessel in use or operation on the waterways of the
city, except in accordance with federal law.
(B) No person shall operate or
permit to be operated any vessel on the waterways of the city in violation of
this section. (Ord. 805-05 § 1 (part).)
9.21.04 Siren prohibited except for emergency.
(A) No person, except an authorized vessel representative of the federal
government, the state, or any of its political subdivisions or this city shall
use or operate a siren on the waterways of the city except for emergency
purposes.
(B) No person shall operate or permit to be operated any vessel on
the waterways of the city in violation of this section. (Ord. 805-05
§ 1 (part).)
921.05 Requirements for operation of certain powercraft by person born in 1982 or later.
No person born on or after January 1, 1982, shall operate on the waterways
of the city, a powercraft powered by more than ten (10) horsepower, unless the
operator successfully has completed either a safe boater course approved by the
National Association of State Boating Law Administrators or a proctored or
non-proctored proficiency examination that test knowledge of information
included in the curriculum of such a course, and has received a certificate as
evidence of successful completion of the course or examination. (Ord. 805-05
§ 1 (part).)
921.051 Duty to present certificate or proof of holding it.
A person born on or after January 1, 1982, who is operating on the
waterways of the city a powercraft powered by more than ten (10) horsepower and
who is stopped by a law enforcement officer in the enforcement of Chapter 921 of
the city code or similar statute of the Revised Code or rules adopted under it
shall present to the law enforcement officer, not later than seventy-two (72)
hours after being stopped, a certificate obtained by the person pursuant to
Section 921.05 of the city code of similar statute in the Revised Code prior to
being stopped or proof of holding such a certificate. Failure of the person to
present the certificate or proof of holding it within seventy-two (72) hours
constitutes prima-facie evidence that of a violation of Section 921.05 of the
city code or similar statute in the Revised Code. (Ord. 805-05 § 1
(part).)
921.052 Powercraft rentals to persons born in 1982 or later.
(A) No rental business shall lease, hire or rent a powercraft powered by
more than ten (10) horsepower for operation on the waterways of the city to a
person born on or after January 1, 1982, unless the person meets one (1) of the
following requirements:
(1) The person signs a statement on the rental
agreement or attached to the rental agreement that the person has successfully
completed a safe boater course approved by the National Association of State
Boating Law Administrators or has successfully completed a proficiency
examination as provided in Section 921.05 of the city code or similar statute of
the Revised Code.
(2) The person receives educational materials from the
rental business and successfully passes, with a score of ninety (90) percent or
better, an abbreviated examination given by the rental business. The achievement
of a passing score on the examination shall be indicated on or attached to the
powercraft rental agreement.
(B) Any person born on or after January 1,
1982, operating or supervising the operation of a leased, hired, or rented
powercraft shall:
(1) Meet the requirements for boater education of
subsection (A) of this section.
(2) Be named as an operator on the agreement
that leases, hires, or rents the powercraft.
(C) The Division of Watercraft
shall make available to all watercraft rental businesses in Ohio boater safety
educational materials and an abbreviated examination that shall be used by the
watercraft rental business for the purposes of subsection (A) (2) of this
section. (Ord. 805-05 § 1 (part).)
921.06 Restrictions on child operators; duty of supervisory adult.
(A) Except as otherwise provided in this section, no person under twelve
(12) years of age shall operate any vessel on the waterways of the city unless
the person is under the direct visual and audible supervision, during the
operation, of a person who is eighteen (18) years of age or older. This section
does not apply to a powercraft, powered by more than ten (10) horsepower, which
shall be governed by subsection (B) of this section.
(B) No person under
twelve (12) years of age shall operate on the waterways of the city a
powercraft, powered by more than ten (10) horsepower unless the person is under
the direct visual and audible supervision, during the operation, of a person
eighteen (18) years of age or older who is aboard the powercraft and, in the
case of such a supervising person born on or after January 1, 1982, who holds a
certificate obtained under Section 921.05 of this code or 1547.05 of the Revised
Code or, in the case of a rented powercraft, meets the requirements of Section
921.052 or similar section of the Revised Code.
(C) No supervising person
eighteen (18) years of age or older shall permit any person who is under the
supervising person’s supervision and who is operating a vessel on the
waterways of the city to violate any section of this chapter or a rule adopted
under it. (Ord. 805-05 § 1 (part).)
921.07 Reckless or unsafe operation.
(A) Any person who operates any vessel or manipulates any water skis,
aquaplane, or similar device on the waterways of the city carelessly or
heedlessly, or in disregard of the rights or safety of any person, vessel, or
property, or without due caution, at a rate of speed or in a manner so as to
endanger any person, vessel, or property is guilty of reckless operation of the
vessel or other device.
(B) No person shall operate or permit the operation
of a vessel in an unsafe manner. A vessel shall be operated in a reasonable and
prudent manner at all times.
Unsafe vessel operation includes, without
limitation, any of the following:
(1) A vessel becoming airborne or
completely leaving the water while crossing the wake of another vessel at a
distance of less than one hundred (100) feet, or at an unsafe distance, from the
vessel creating the wake;
(2) Operating at such a speed and proximity to
another vessel or to a person attempting to ride on one (1) or more skis,
surfboard, inflatable device, or similar device being towed by a vessel so as to
require the operator of either vessel to swerve or turn abruptly to avoid
collision;
(3) Operating less than two hundred (200) feet directly behind a
person water skiing or attempting to water ski;
(4) Weaving through
congested traffic. (Ord. 805-05 § 1 (part).)
921.071 Authority of officer when especially hazardous condition exists.
(A) If a law enforcement officer observes a vessel being used and
determines that at least one (1) of the unsafe conditions identified in
subsection (C) of this section is present and that an especially hazardous
condition exist, the officer may direct the operator of the vessel to take
whatever immediate and reasonable actions are necessary for the safety of the
persons aboard the vessel, including directing the operator to return the vessel
to mooring and remain there until the situation creating the hazardous condition
is corrected or has ended.
For the purposes of this section, an especially
hazardous condition is one in which a reasonably prudent person would believe
that the continued operation of a vessel would create a special hazard to the
safety of the persons aboard the vessel.
(B) The refusal by an operator of a
vessel to terminate use of the vessel after being ordered to do so by a law
enforcement officer under subsection (A) of this section is prima-facie evidence
of a violation of Section 921.07 of the city code or similar statute in the
Revised Code.
(C) For the purpose of this section, any of the following is
an unsafe condition:
(1) Insufficient personal flotation
devices;
(2) Insufficient fire extinguishers;
(3) Overloaded,
insufficient freeboard for the water conditions in which the vessel is
operating;
(4) Improper display of navigation lights;
(5) Fuel leaks,
including fuel leaking from either the engine or the fuel
system;
(6) Accumulation of or an abnormal amount of fuel in the
bilges;
(7) Inadequate backfire flame control;
(8) Improper
ventilation.
(D) This section does not apply to any of the
following:
(1) Foreign vessels temporarily using waters that are subject to
the jurisdiction of the United States;
(2) Military vessels, vessels owned
by the state or a political subdivision, or other public vessels, except those
that are used for recreation;
(3) A ship’s lifeboats, as defined in
Section 1548.01 of the Revised Code;
(4) Vessels that are solely commercial
and that are carrying more than six (6) passengers for hire. (Ord. 805-05
§ 1 (part).)
921.08 Operation in certain areas prohibited; no wake or idle speed areas; marking by buoys or signs.
(A) No person shall operate a vessel within or through any area that has
been buoyed off designating it as an area in which vessels are
prohibited.
(B) (1) No person shall operate a vessel at greater than idle
speed or at a speed that creates a wake under any of the following
circumstances:
(a) Within three hundred (300) feet of any marina,
boat-docking facility, boat gasoline dock, launch ramp, recreational boat
harbor:
(b) Within any area buoyed or marked as a no wake area on waterways
of the city.
(2) Subsection (B)(1) of this section does not apply in any of
the following places:
(a) Any other area designated by the director of
recreation and parks unless it is marked by a buoy or sign as a no wake or idle
speed area.
(b) Within any waterways of the city as permitted by the
director of recreation and parks who has authorized the holding of a special
event of a community nature on that water.
(C) No person shall operate a
vessel in any area of restricted or controlled operation in violation of the
designated restriction.
(D) No person shall operate a vessel within three
hundred (300) feet of an official diver’s flag unless the person is
tendering the diving operation.
(E) All areas of restricted or controlled
operation as described in subsection (A) of this section or as provided for in
Section 921.14 of the city code or similar statute of the Revised Code shall be
marked by a buoy or sign designating the restriction. All waters surrounded by
or lying between such a buoy or sign and the closest shoreline are thereby
designated as an area in which the designated restrictions shall apply in the
operation of any vessel.
Markings or buoys designating areas of restricted
or controlled operation shall be so spaced as to show all around the horizon.
Lineal spacing between the buoys shall be such that under normal conditions of
visibility any buoy shall be readily visible from the next adjacent buoy. No
colors or symbols, except as provided for in rules of the Chief of the Division
of Watercraft of the state of Ohio, shall be used on buoys or signs for marking
closed or controlled areas of boating waters.
(F) No person shall permit any
vessel to be operated on the waterways of the city in violation of this section.
(Ord. 805-05 § 1 (part).)
921.09 Prohibitions on mooring, anchoring, tying up.
(A) No person shall moor or anchor any vessel in a designated speed zone
or water ski zone. No person, unless in distress and no other vessel is
endangered thereby, shall moor to, anchor to, or tie up to any marker, aid,
buoy, light, or other aid to navigation.
(B) No person shall anchor or moor
any vessel to any stake, sailboat mooring or dock in any reservoir, reservoir
land or reservoir property or waterways of the city without a proper permit
issued by the office of the director of recreation and parks.
(C) No person
shall operate or permit to be operated any vessel on the waterways of the city
in violation of this section. (Ord. 805-05 § 1 (part).)
921.10 Operator to stop and furnish information upon accident or collision.
In case of accident to or collision with persons or property on the
waterways of the city, due to the operation of any vessel, the operator having
knowledge of the accident or collision shall immediately stop the vessel at the
scene of the accident or collision, to the extent that it is safe and practical,
and shall remain at the scene of the accident or collision until the person has
given his or her name and address and, if the person is not the owner, the name
and address of the owner of the vessel, together with the registration number of
the vessel, if any, to any person injured in the accident or collision or to the
operator, occupant, owner or attendant of any vessel damaged in the accident or
collision or to any law enforcement officer at the scene of the accident or
collision.
If the injured person is unable to comprehend and record the
information required to be given by this section, the other operator involved in
the accident or collision shall forthwith notify the nearest law enforcement
agency having authority concerning the location of the accident or collision,
and the operator’s name, address, and the registration number, if any, of
the vessel the person was operating, and then remain at the scene of the
accident or collision or at the nearest location from which notification is
possible until a law enforcement officer arrives, unless removed from the scene
by an emergency vehicle operated by the state or a political subdivision or by
an ambulance.
If the accident or collision is with an unoccupied or
unattended vessel, the operator so colliding with the vessel shall securely
attach the information required to be given in this section, in writing, to a
conspicuous place in or on the unoccupied or unattended vessel. (Ord. 805-05
§ 1 (part).)
921.11 Operation or physical control under influence of alcohol or drug; testing.
(A) No person shall operate or be in physical control of any vessel
underway or shall manipulate any water skis, aquaplane, or similar device upon
the waters of the city if, at the time of the operation, control, or
manipulation, any of the following applies:
(1) The person is under the
influence of alcohol, a drug of abuse, or a combination of them ;
(2) The
person has a concentration of eight-hundredths (0.08) of one (1) percent or more
by weight of alcohol per unit volume in the person’s whole
blood;
(3) The person has a concentration of ninety-six-thousandths (0.096)
of one (1) per cent or more by weight per unit volume of alcohol in the
person’s blood serum or plasma;
(4) The person has a concentration of
eleven-hundredths (0.11) of one (1) gram or more by weight of alcohol per one
hundred (100) milliliters of the person’s urine;
(5) The person has a
concentration of eight-hundredths (0.08) of one (1) gram or more by weight of
alcohol per two hundred ten (210) liters of the person’s
breath.
(6) Except as provided in Division (H) of this section, the person
has a concentration of any of the following controlled substances or metabolites
of a controlled substance in the person’s whole blood, blood serum or
plasma, or urine that equals or exceeds any of the following:
(a) The person
has a concentration of amphetamine in the person’s urine of at least five
hundred (500) nanograms of amphetamine per milliliter of the person’s
urine or has a concentration of amphetamine in the person’s whole blood or
blood serum or plasma of at least one hundred (100) nanograms of amphetamine per
milliliter of the person’s whole blood or blood serum or
plasma.
(b) The person has a concentration of cocaine in the person’s
urine of at least one hundred fifty (150) nanograms of cocaine per milliliter of
the person’s urine or has a concentration of cocaine in the person’s
whole blood or blood serum or plasma of at least fifty (50) nanograms of cocaine
per milliliter of the person’s whole blood or blood serum or
plasma.
(c) The person has a concentration of cocaine metabolite in the
person’s urine of at least one hundred fifty (150) nanograms of cocaine
metabolite per milliliter of the person’s urine or has a concentration of
cocaine metabolite in the person’s whole blood or blood serum or plasma of
at least fifty (50) nanograms of cocaine metabolite per milliliter of the
person’s whole blood or blood serum or plasma.
(d) The person has a
concentration of heroin in the person’s urine of at least two thousand
(2,000) nanograms of heroin per milliliter of the person’s urine or has a
concentration of heroin in the person’s whole blood or blood serum or
plasma of at least fifty (50) nanograms of heroin per milliliter of the
person’s whole blood or blood serum or plasma.
(e) The person has a
concentration of heroin metabolite (6-monoacetyl morphine) in the person’s
urine of at least ten (10) nanograms of heroin metabolite (6-monoacetyl
morphine) per milliliter of the person’s urine or has a concentration of
heroin metabolite (6-monoacetyl morphine) in the person’s whole blood or
blood serum or plasma of at least ten (10) nanograms of heroin metabolite
(6-monoacetyl morphine) per milliliter of the person’s whole blood or
blood serum or plasma.
(f) The person has a concentration of L.S.D. in the
person’s urine of at least twenty-five (25) nanograms of L.S.D. per
milliliter of the person’s urine or has a concentration of L.S.D. in the
person’s whole blood or blood serum or plasma of at least ten (10)
nanograms of L.S.D. per milliliter of the person’s whole blood or blood
serum or plasma.
(g) The person has a concentration of marihuana in the
person’s urine of at least ten (10) nanograms of marihuana per milliliter
of the person’s urine or has a concentration of marihuana in the
person’s whole blood or blood serum or plasma of at least two (2)
nanograms of marihuana per milliliter of the person’s whole blood or blood
serum or plasma.
(h) Either of the following applies:
(i) The person is
under the influence of alcohol, a drug of abuse, or a combination of them, and,
as measured by gas chromatography mass spectrometry, the person has a
concentration of marihuana metabolite in the person’s urine of at least
fifteen (15) nanograms of marihuana metabolite per milliliter of the
person’s urine or has a concentration of marihuana metabolite in the
person’s whole blood or blood serum or plasma of at least five (5)
nanograms of marihuana metabolite per milliliter of the person’s whole
blood or blood serum or plasma.
(ii) As measured by gas chromatography mass
spectrometry, the person has a concentration of marihuana metabolite in the
person’s urine of at least thirty-five (35) nanograms of marihuana
metabolite per milliliter of the person’s urine or has a concentration of
marihuana metabolite in the person’s whole blood or blood serum or plasma
of at least fifty (50) nanograms of marihuana metabolite per milliliter of the
person’s whole blood or blood serum or plasma.
(i) The person has a
concentration of methamphetamine in the person’s urine of at least five
hundred (500) nanograms of methamphetamine per milliliter of the person’s
urine or has a concentration of methamphetamine in the person’s whole
blood or blood serum or plasma of at least one hundred (100) nanograms of
methamphetamine per milliliter of the person’s whole blood or blood serum
or plasma.
(j) The person has a concentration of phencyclidine in the
person’s urine of at least twenty-five (25) nanograms of phencyclidine per
milliliter of the person’s urine or has a concentration of phencyclidine
in the person’s whole blood or blood serum or plasma of at least ten (10)
nanograms of phencyclidine per milliliter of the person’s whole blood or
blood serum or plasma.
(B) No person under twenty-one (21) years of age
shall operate or be in physical control of any vessel underway or shall
manipulate any water skis, aquaplane, or similar device on the waters of the
city if, at the time of the operation, control, or manipulation, any of the
following applies:
(1) The person has a concentration of at least
two-hundredths (0.02) of one (1) per cent, but less than eight-hundredths (0.08)
of one (1) percent by weight of alcohol in the person’s whole
blood;
(2) The person has a concentration of at least three-hundredths
(0.03) of one (1) per cent but less than ninety-six-thousandths (0.096) of one
(1) per cent by weight per unit volume of alcohol in the person’s blood
serum or plasma;
(3) The person has a concentration of at least twenty-eight
one-thousandths (0.028) of one (1) gram, but less than eleven-hundredths (0.11)
of one (1) gram by weight of alcohol per one hundred (100) milliliters of the
person’s urine;
(4) The person has a concentration of at least
two-hundredths (0.02) of one (1) gram, but less than eight-hundredths (0.08) of
one (1) gram by weight of alcohol per two hundred ten (210) liters of the
person’s breath.
(C) In any proceeding arising out of one (1)
incident, a person may be charged with a violation of Division (A)(1) and a
violation of Division (B)(1), (2), (3), or (4) of this section, but the person
shall not be convicted of more than one (1) violation of those
divisions.
(D)(1) In any criminal prosecution or juvenile court proceeding
for a violation of Division (A) or (B) of this section, the court may admit
evidence on the concentration of alcohol, drugs of abuse, controlled substances,
metabolites of a controlled substance, or a combination of them in the
defendant’s or child’s whole blood, blood serum or plasma, urine, or
breath at the time of the alleged violation as shown by chemical analysis of the
substance withdrawn, or specimen taken within three (3) hours of the time of the
alleged violation. The three (3)-hour time limit specified in this division
regarding the admission of evidence does not extend or affect the two (2)-hour
time limit specified in Division (C) of Section 1547.111 of the Revised Code as
the maximum period of time during which a person may consent to a chemical test
or tests as described in that section.
When a person submits to a blood
test, only a physician, a registered nurse, or a qualified technician, chemist,
or phlebotomist shall withdraw blood for the purpose of determining the alcohol,
drug, controlled substance, metabolite of a controlled substance, or combination
content of the whole blood, blood serum, or blood plasma. This limitation does
not apply to the taking of breath or urine specimens. A person authorized to
withdraw blood under this division may refuse to withdraw blood under this
division if, in that person’s opinion, the physical welfare of the
defendant or child would be endangered by withdrawing blood.
The whole
blood, blood serum or plasma, urine, or breath shall be analyzed in accordance
with methods approved by the director of health by an individual possessing a
valid permit issued by the director pursuant to Section 3701.143 of the Revised
Code.
(2) In a criminal prosecution or juvenile court proceeding for a
violation of Division (A) of this section, if there was at the time the bodily
substance was taken a concentration of less than the applicable concentration of
alcohol specified for a violation of Division (A)(2), (3), (4), or (5) of this
section or less than the applicable concentration of a listed controlled
substance or a listed metabolite of a controlled substance specified for a
violation of Division (A)(6) of this section, that fact may be considered with
other competent evidence in determining the guilt or innocence of the defendant
or in making an adjudication for the child. This division does not limit or
affect a criminal prosecution or juvenile court proceeding for a violation of
Division (B) of this section.
(3) Upon the request of the person who was
tested, the results of the chemical test shall be made available to the person
or the person’s attorney immediately upon completion of the test
analysis.
The person tested may have a physician, a registered nurse, or a
qualified technician, chemist, or phlebotomist of the person’s own
choosing administer a chemical test or tests in addition to any administered at
the direction of a law enforcement officer, and shall be so advised. The failure
or inability to obtain an additional test by a person shall not preclude the
admission of evidence relating to the test or tests taken at the direction of a
law enforcement officer.
(E)(1) In any criminal prosecution or juvenile
court proceeding for a violation of Division (A) or (B) of this section or for
an equivalent violation, if a law enforcement officer has administered a field
sobriety test to the operator or person found to be in physical control of the
vessel underway involved in the violation or the person manipulating the water
skis, aquaplane, or similar device involved in the violation and if it is shown
by clear and convincing evidence that the officer administered the test in
substantial compliance with the testing standards for reliable, credible, and
generally accepted field sobriety tests for vehicles that were in effect at the
time the tests were administered, including, but not limited to, any testing
standards then in effect that have been set by the national highway traffic
safety administration, that by their nature are not clearly inapplicable
regarding the operation or physical control of vessels underway or the
manipulation of water skis, aquaplanes, or similar devices, all of the following
apply:
(a) The officer may testify concerning the results of the field
sobriety test so administered.
(b) The prosecution may introduce the results
of the field sobriety test so administered as evidence in any proceedings in the
criminal prosecution or juvenile court proceeding.
(c) If testimony is
presented or evidence is introduced under Division (E)(1)(a) or (b) of this
section and if the testimony or evidence is admissible under the Rules of
Evidence, the court shall admit the testimony or evidence, and the trier of fact
shall give it whatever weight the trier of fact considers to be
appropriate.
(2) Division (E)(1) of this section does not limit or preclude
a court, in its determination of whether the arrest of a person was supported by
probable cause or its determination of any other matter in a criminal
prosecution or juvenile court proceeding of a type described in that division,
from considering evidence or testimony that is not otherwise disallowed by
Division (E)(1) of this section.
(F)(1) Subject to Division (F)(3) of this
section, in any criminal prosecution or juvenile court proceeding for a
violation of this section or for an equivalent violation, the court shall admit
as prima-facie evidence a laboratory report from any laboratory personnel issued
a permit by the department of health authorizing an analysis as described in
this division that contains an analysis of the whole blood, blood serum or
plasma, breath, urine, or other bodily substance tested and that contains all of
the information specified in this division. The laboratory report shall contain
all of the following:
(a) The signature, under oath, of any person who
performed the analysis;
(b) Any findings as to the identity and quantity of
alcohol, a drug of abuse, a controlled substance, a metabolite of a controlled
substance, or a combination of them that was found;
(c) A copy of a
notarized statement by the laboratory director or a designee of the director
that contains the name of each certified analyst or test performer involved with
the report, the analyst’s or test performer’s employment
relationship with the laboratory that issued the report, and a notation that
performing an analysis of the type involved is part of the analyst’s or
test performer’s regular duties;
(d) An outline of the analyst’s
or test performer’s education, training, and experience in performing
certification that the laboratory satisfies appropriate quality control
standards in general and, in this particular analysis, under rules of the
department of health.
(2) Notwithstanding any other provision of law
regarding the admission of evidence, a report of the type described in Division
(F)(1) of this section is not admissible against the defendant or child to whom
it pertains in any proceeding, other than a preliminary hearing or a grand jury
proceeding, unless the prosecutor has served a copy of the report on the
defendant’s or child’s attorney or, if the defendant or child has no
attorney, on the defendant or child.
(3) A report of the type described in
Division (F)(1) of this section shall not be prima facie evidence of the
contents, identity, or amount of any substance if, within seven (7) days after
the defendant or child to whom the report pertains or the defendant’s or
child’s attorney receives a copy of the report, the defendant or child or
the defendant’s or child’s attorney demands the testimony of the
person who signed the report. The judge in the case may extend the seven (7)-day
time limit in the interest of justice.
(G) Except as otherwise provided in
this division, any physician, registered nurse, or qualified technician,
chemist, or phlebotomist who withdraws blood from a person pursuant to this
section, and a hospital, first-aid station, or clinic at which blood is
withdrawn from a person pursuant to this section, is immune from criminal and
civil liability based upon a claim of assault and battery or any other claim
that is not a claim of malpractice, for any act performed in withdrawing blood
from the person. The immunity provided in this division is not available to a
person who withdraws blood if the person engages in willful or wanton
misconduct.
(H) Division (A)(6) of this section does not apply to a person
who operates or is in physical control of a vessel underway or manipulates any
water skis, aquaplane, or similar device while the person has a concentration of
a listed controlled substance or a listed metabolite of a controlled substance
in the person’s whole blood, blood serum or plasma, or urine that equals
or exceeds the amount specified in that division, if both of the following
apply:
(1) The person obtained the controlled substance pursuant to a
prescription issued by a licensed health professional authorized to prescribe
drugs.
(2) The person injected, ingested, or inhaled the controlled
substance in accordance with the health professional’s
directions.
(I) As used in this section:
(1) “National highway
traffic safety administration” has the same meaning as in Section 4511.19
of the Revised Code.
(2) “Operate” means that a vessel is being
used on the waters of the city when the vessel is not securely affixed to a dock
or to shore or to any permanent structure to which the vessel has the right to
affix or that a vessel is not anchored in a designated anchorage area or boat
camping area that is established by the United States coast guard, this state,
or a political subdivision and in which the vessel has the right to
anchor.
(3) “Controlled substance” and “marihuana”
have the same meanings as in Section 3719.01 of the Revised
Code.
(4) “Cocaine” and “L.S.D.” have the same
meanings as in Section 2925.01 of the Revised Code. (Ord. 805-05 § 1
(part): Ord. 2276-2006 § 1 (part).)
921.111 Implied consent.
(A)(1) Any person who operates or is in physical control of a vessel or
manipulates any water skis, aquaplane, or similar device upon any waters of the
city shall be deemed to have given consent to a chemical test or tests to
determine the alcohol, drug of abuse, controlled substance, metabolite of a
controlled substance, or combination content of the person’s whole blood,
blood serum or plasma, breath, or urine if arrested for operating or being in
physical control of a vessel or manipulating any water skis, aquaplane, or
similar device in violation of Section 921.11 of the city code.
(2) The test
or tests under Division (A) of this section shall be administered at the
direction of a law enforcement officer having reasonable grounds to believe the
person was operating or in physical control of a vessel or manipulating any
water skis, aquaplane, or similar device in violation of Section 921.11 of the
city code . The law enforcement agency by which the officer is employed shall
designate which test or tests shall be administered.
(B) Any person who is
dead or unconscious or who otherwise is in a condition rendering the person
incapable of refusal shall be deemed to have consented as provided in Division
(A)(1) of this section, and the test or tests may be administered, subject to
Sections 313.12 to 313.16 of the Revised Code.
(C) Any person under arrest
for violating Section 921.11 of the city code shall be advised of the
consequences of refusing to submit to a chemical test or tests designated as
provided in Division (A) of this section. The advice shall be in a written form
prescribed by the Chief of the Division of Watercraft and shall be read to the
person. The form shall contain a statement that the form was shown to the person
under arrest and read to the person by the arresting officer. The reading of the
form shall be witnessed by one (1) or more persons, and the witnesses shall
certify to this fact by signing the form. The person must submit to the chemical
test or tests, subsequent to the request of the arresting officer, within two
(2) hours of the time of the alleged violation, and if the person does not
submit to the test or tests within that two (2)-hour time limit, the failure to
submit automatically constitutes a refusal to submit to the test or
tests.
(D) If a law enforcement officer asks a person under arrest for
violating Section 921.11 of the city code to submit to a chemical test or tests
as provided in Division (A) of this section, if the arresting officer advises
the person of the consequences of the person’s refusal as provided in
Division (C) of this section, and if the person refuses to submit, no chemical
test shall be given. Upon receipt of a sworn statement of the officer that the
arresting law enforcement officer had reasonable grounds to believe the arrested
person violated Section 921.11 of the city code and that the person refused to
submit to the chemical test upon the request of the officer, and upon receipt of
the form as provided in Division (C) of this section certifying that the
arrested person was advised of the consequences of the refusal, the chief of the
division of watercraft shall inform the person by written notice that the person
is prohibited from operating or being in physical control of a vessel, from
manipulating any water skis, aquaplane, or similar device, and from registering
any watercraft in accordance with Section 1547.54 of the Revised Code, for one
(1) year following the date of the alleged violation . The suspension of these
operation, physical control, manipulation, and registration privileges shall
continue for the entire one (1)-year period, subject to review as provided in
this section.
If the person under arrest is the owner of the vessel involved
in the alleged violation, the law enforcement officer who arrested the person
shall seize the watercraft registration certificate and tags from the vessel
involved in the violation and forward them to the chief. The chief shall retain
the impounded registration certificate and tags, and shall impound all other
registration certificates and tags issued to the person in accordance with
Sections 1547.54 and 1547.57 of the Revised Code, for a period of one (1) year
following the date of the alleged violation, subject to review as provided in
this section.
If the arrested person fails to surrender the registration
certificate because it is not on the person of the arrested person or in the
watercraft, the law enforcement officer who made the arrest shall order the
person to surrender it within twenty-four (24) hours to the law enforcement
officer or the law enforcement agency that employs the law enforcement officer.
If the person fails to do so, the law enforcement officer shall notify the Chief
of the Division of Watercraft of that fact in the statement the officer submits
to the chief under this division.
(E) Upon suspending a person’s
operation, physical control, manipulation, and registration privileges in
accordance with Division (D) of this section, the Chief of the Division of
Watercraft shall notify the person in writing, at the person’s last known
address, and inform the person that the person may petition for a hearing in
accordance with Division (F) of this section. If a person whose operation,
physical control, manipulation, and registration privileges have been suspended
petitions for a hearing or appeals any adverse decision, the suspension of
privileges shall begin at the termination of any hearing or appeal unless the
hearing or appeal results in a decision favorable to the person.
(F) Any
person who has been notified by the Chief of the Division of Watercraft that the
person is prohibited from operating or being in physical control of a vessel or
manipulating any water skis, aquaplane, or similar device and from registering
any watercraft in accordance with Section 1547.54 of the Revised Code, or who
has had the registration certificate and tags of the person’s watercraft
impounded pursuant to Division (D) of this section, within twenty (20) days of
the notification or impoundment, may file a petition in the municipal court or
the county court, or if the person is a minor in juvenile court, with
jurisdiction over the place at which the arrest occurred, agreeing to pay the
cost of the proceedings and alleging error in the action taken by the Chief of
the Division of Watercraft under Division (D) of this section or alleging one
(1) or more of the matters within the scope of the hearing as provided in this
section, or both. The petitioner shall notify the Chief of the Division of
Watercraft of the filing of the petition and send the Chief of the Division of
Watercraft a copy of the petition.
The scope of the hearing is limited to
the issues of whether the law enforcement officer had reasonable grounds to
believe the petitioner was operating or in physical control of a vessel or
manipulating any water skis, aquaplane, or similar device in violation of
Section 921.11 of the city code, whether the petitioner was placed under arrest,
whether the petitioner refused to submit to the chemical test upon request of
the officer, and whether the petitioner was advised of the consequences of the
petitioner’s refusal.
(G)(1) The Chief of the Division of Watercraft
shall furnish the court a copy of the affidavit as provided in Division (C) of
this section and any other relevant information requested by the
court.
(2) In hearing the matter and in determining whether the person has
shown error in the decision taken by the Chief of the Division of Watercraft as
provided in Division (D) of this section, the court shall decide issue upon the
relevant, competent, and material evidence submitted by the Chief of the
Division of Watercraft or the person whose operation, physical control,
manipulation, and registration privileges have been suspended.
In the
proceedings, the Chief of the Division of Watercraft shall be represented by the
prosecuting attorney of the county in which the petition is filed if the
petition is filed in a county court or juvenile court, except that if the arrest
occurred within a city or village within the jurisdiction of the county court in
which the petition is filed, the city director of law or village solicitor of
that city or village shall represent the Chief of the Division of Watercraft. If
the petition is filed in the municipal court, the Chief of the Division of
Watercraft shall be represented as provided in Section 1901.34 of the Revised
Code.
(3) If the court finds from the evidence submitted that the person has
failed to show error in the action taken by the Chief of the Division of
Watercraft under Division (D) of this section or in one (1) or more of the
matters within the scope of the hearing as provided in Division (F) of this
section, or both, the court shall assess the cost of the proceeding against the
person and shall uphold the suspension of the operation, physical control,
manipulation, and registration privileges provided in Division (D) of this
section. If the court finds that the person has shown error in the action taken
by the Chief of the Division of Watercraft under Division (D) of this section or
in one (1) or more of the matters within the scope of the hearing as provided in
Division (F) of this section, or both, the cost of the proceedings shall be paid
out of the county treasury of the county in which the proceedings were held, the
chief shall reinstate the operation, physical control, manipulation, and
registration privileges of the person without charge, and the chief shall return
the registration certificate and tags, if impounded, without charge.
(4) The
court shall give information in writing of any action taken under this section
to the Chief of the Division of Watercraft.
(H) At the end of any period of
suspension or impoundment imposed under this section, and upon request of the
person whose operation, physical control, manipulation, and registration
privileges were suspended or whose registration certificate and tags were
impounded, the chief shall reinstate the person’s operation, physical
control, manipulation, and registration privileges by written notice and return
the certificate and tags.
(I) No person who has received written notice from
the Chief of the Division of Watercraft that the person is prohibited from
operating or being in physical control of a vessel, from manipulating any water
skis, aquaplane, or similar device, and from registering a watercraft, or who
has had the registration certificate and tags of the person’s watercraft
impounded, in accordance with Division (D) of this section, shall operate or be
in physical control of a vessel or manipulate any water skis, aquaplane, or
similar device, for a period of one (1) year following the date of the
person’s alleged violation of Section 921.11 of the city code. (ORC
§ 1547.111) (Ord. 805-05 § 1 (part): Ord. 2276-2006
§ 1 (part).)
921.12 Incapacitated operators prohibited.
No person shall operate any vessel if the person is so mentally or
physically incapacitated as to be unable to operate the vessel in a safe and
competent manner.
No person shall permit any vessel to be operated on the
waterways of the city in violation of this section. (Ord. 805-05 § 1
(part).)
921.13 Fail to comply with order of law enforcement officer; fleeing.
(A) No person shall fail to comply with any lawful order or direction from
any law enforcement officer having authority to direct, control, or regulate the
operation or use of vessels.
(B) No person shall operate any vessel so as to
purposely elude or flee from a law enforcement officer after receiving a visible
or audible signal from a law enforcement officer to bring the vessel to a
stop.
(C) No person shall permit any vessel to be operated on the waterways
of the city in violation of this section. (Ord. 805-05 § 1
(part).)
921.131 Duty upon approach of law enforcement vessel.
(A) Upon the approach of a law enforcement vessel with at least one (1)
flashing, rotating or oscillating light of a color conforming with the
requirements of federal law, the operator of any vessel shall stop if followed
or give way in any crossing, head on, or overtaking situation, and shall remain
in that position until the law enforcement vessel has passed, except when
otherwise directed by a law enforcement officer. If traffic conditions warrant,
a siren or other sound-producing device also may be operated as an additional
signaling device. This section does not relieve the operator of any law
enforcement vessel from the duty to operate with due regard for the safety of
all persons and property on the waterways of the city.
(B) No person shall
permit any vessel to be operated on the waterways of the city in violation of
this section. (Ord. 805-05 § 1 (part).)
921.14 Water-skiing confined to ski zones.
(A) Any person who rides or attempts to ride upon one (1) or more
water-skis, surfboard, or similar device, or who engages or attempts to engage
in barefoot skiing, and any person who operates a vessel towing a person riding
or attempting to ride on one (1) or more water skis, surfboard, or similar
device, or engaging or attempting to engage in barefoot-skiing, shall confine
that activity to the water area within a designated ski zone on all bodies of
water whereon a ski zone has been established.
(B) On all bodies of water
designated as “open zone”, that is, having a combined speed and ski
zone, the activities described in subsection (A) of this section shall be
confined to the open zone.
(C) No person shall operate or permit to be
operated any vessel on the waterways of the city in violation of this
section.
(D) Water-skiing in the Griggs and O’Shaughnessy Reservoir,
and White Sulphur Quarry, shall be conducted under the following restrictions
and no participant shall fail to comply:
(1) All towropes shall be of equal
length, if the same vessel tows multiple skiers.
(2) No towline shall exceed
seventy-five (75) feet in length, including the length of the yoke from the rear
of the transom.
(3) Any vessel towing a water-skier shall at all times be
operated on a counterclockwise course parallel to the thread of the waterway and
at no time operated in a zigzag or circular course, nor closer than one hundred
(100) feet to the shore.
(a) Exception: Skiers may make the return trip back
through the slalom course; however, if up bound and down bound vessels meet head
on in the slalom course the up bound/northbound vessel will give way.
(4) In
the event of a fallen skier(s) the operator of the towing vessel shall
immediately reduce the vessel speed and proceed without delay by the most direct
route to the fallen skier.
(5) “Shallow water” and “dry
water starts” will be permitted in the water sports practice and
tournament zones and the White Sulphur Quarry. In the case of shallow water
starts, the skier shall be at least fifty (50) feet from shore at the time of
the start. The tow vessel, for both shallow and dry water starts, shall be at
least seventy-five (75) feet from the shore.
(6) After starts, skiers must
maintain at least a one hundred (100) foot interval between the skier and all
shorelines.
(7) Swimming will only be permitted to effect a
rescue.
(8) No person shall leave a ski afloat in the water
unattended.
(9) While skiing is being conducted no vessel shall be anchored
in the water sports practice and tournament zones more than fifty (50) feet from
shore.
(10) The public may participate in the water sports practice and
tournament zones.
(11) No person, operating a vessel or motor vehicle, shall
tow or pull in waterways a person having possession or control of an airfoil
device or similar device capable of lifting a person airborne. No person, having
possession or control of an airfoil device or similar device capable of lifting
them airborne, shall permit himself or herself to be towed in any
waterway.
(12) Law enforcement officers, upon proper cause, may cause skiing
to cease when conditions are such as to render water skiing hazardous. This will
be accomplished by placing red flags at the buoys designating the water sports
practice and tournament zones. If skiing is ordered stopped, the stoppage shall
be of not less than one (1) hour’s duration.
(13) Inner tubes or other
inflatable contrivances used as water-ski devices will not be permitted on the
waterways of this city, except that handicapped persons may use inner tubes,
other inflatable contrivances, or knee boards as water-ski devices with prior
permission from Recreation and Parks, permits section.
(A) No person shall
tow, or be towed upon, any skiing device unless specifically authorized by this
section.
(14) No operator of any vessel shall tow any person who fails to
comply with this section.
(15) The city shall assume no responsibility
whatsoever for the safety of person or vessel using or attempting to use the
water sports practice and tournament zones as designated or the White Sulphur
Quarry and at the related facilities thereto with or without permission. All ski
clubs and any other organization using or attempting to use the water sports
practice and tournament zones shall agree that the city shall not be held liable
and shall agree to save and hold harmless the city from any claim or claims and
actions at law for property damaged or personal injuries resulting to any person
or persons arising out of the use of the water sports practice and tournament
zones. (Ord. 805-05 § 1 (part).)
921.15 Observer required when towing skier.
(A) Any person who operates a vessel towing any person riding or
attempting to ride upon one (1) or more water skis, surfboard, or similar
device, or engaging or attempting to engage in barefoot skiing, on the waterways
of the city shall have present in the vessel a person or persons other than the
operator, ten (10) years of age or older, who shall at all times observe the
progress of the person(s) being towed. The operator of the towing vessel shall
at all times observe the traffic pattern toward which the vessel is
approaching.
(B) No person shall operate or permit to be operated any vessel
on the waterways of the city in violation of this section. (Ord. 805-05 § 1
(part).)
921.16 Water-skiing after dark prohibited.
No person shall ride or attempt to ride upon water skis, surfboard, or
similar device, or engage or attempt to engage in barefoot skiing, or use or
operate any vessel to tow any person thereon on the waterways of the city during
that period of the day between sunset and sunrise, except upon special permit
issued by the director of recreation and parks. (Ord. 805-05 § 1
(part).)
921.18 Personal flotation device required for towed person.
(A) No person shall ride or attempt to ride upon water skis, surfboard, or
similar device being towed by a vessel without wearing an adequate and effective
Coast Guard approved type one, two, or three personal flotation device, or type
five personal flotation device specifically designed for water skiing, in good
and serviceable condition and of appropriate size, except upon special permit
issued by the director of recreation and parks.
(B) No person shall engage
or attempt to engage in barefoot skiing without wearing an adequate and
effective Coast Guard approved type one, two, or three personal flotation device
or type five personal flotation device specifically designed for water skiing,
in good and serviceable condition and of appropriate size, or a wet suit
specifically designed for barefoot skiing.
(C) No operator of a vessel shall
tow any person who fails to comply with subsection (A) or (B) of this section.
(Ord. 805-05 § 1 (part).)
921.19 Ski jumps prohibited.
No person shall install or maintain any structure or inclined platform
known as a water ski jump on the waterways of the city. No person shall use any
such platform or structure for the purpose of water ski jumping, except upon
special permit issued by the director of recreation and parks. (Ord. 805-05
§ 1 (part).)
921.21 Inflatable vessel regulations.
(A) No person shall use or offer for use on the waterways of the city any
inflatable vessel made of canvas, rubber, synthetic rubber or vinyl plastic
unless the inflatable vessel is of multiple air cell or compartment construction
and is capable of remaining afloat if one (1) air cell or compartment is
punctured or collapsed.
(B) Floating fishing contrivances, referred to as
“belly boats,” and while the user is actively engaged in fishing,
are restricted to use within waterways, or zones of waterways, in which the
speed limit does not exceed ten (10) miles per hour, provided that use of such
contrivance on a city reservoir is restricted to use within twenty-five (25)
feet of shoreline and prohibited in city marinas. (Ord. 805-05 § 1
(part).)
921.22 Sitting, standing, walking on moving vessel restricted.
(A) No occupant of any vessel underway on the waterways of the city shall
sit, stand or walk upon any portion of the vessel not specifically designed for
that movement, except when immediately necessary for the safe and reasonable
navigation or operation of the vessel. No operator of a vessel under way on the
waterways of the city shall allow any occupant of the vessel to sit, stand, or
walk on any portion of the vessel underway not specifically designed for that
use except when immediately necessary for the safe and reasonable navigation or
operation of the vessel.
(B) No person shall operate or permit to be
operated any vessel on the waterways of the city in violation of this section.
(Ord. 805-05 § 1 (part).)
921.23 Engine warm-up required.
The pilot or engineer of any powercraft for hire to carry passengers shall
not permit passengers to come aboard before the engine of such powercraft has
been permitted to run for a minimum of two (2) minutes. (Ord. 805-05 § 1
(part).)
921.24 Children under ten must wear appropriate size personal flotation device.
No person shall operate or permit to be operated any vessel under eighteen
(18) feet in length while there is present in the vessel any person under ten
(10) years of age, not wearing a Coast Guard approved type one, two, or three
personal flotation device in good and serviceable condition of appropriate size
securely attached to the person under ten (10) years of age. (Ord. 805-05 §
1 (part).)
921.25 Operation without personal flotation devices prohibited.
(A) No person shall operate or permit to be operated any watercraft on the
waterways of the city:
(1) Sixteen (16) feet or greater in length, without
carrying on board one (1) type one, two, or three personal flotation device for
each person on board and one (1) type four personal flotation
device;
(2) Less than sixteen (16) feet in length, including canoes and
kayaks of any length, without carrying on board one (1) type one, two, or three
personal flotation device for each person on board.
(B) A type five personal
flotation device may be carried in lieu of a type one, two, or three personal
flotation device required under subsection (A) of this section.
(C) No
person shall operate or permit to be operated any commercial vessel on the
waterways of the city:
(1) That is less than forty (40) feet in length and
is not carrying persons for hire without carrying aboard at least one (1) type
one, two, or three personal flotation device for each person
aboard;
(2) That is carrying persons for hire or is forty (40) feet in
length or longer and is not carrying persons for hire without carrying aboard at
least one (1) type one personal flotation device for each person
aboard:
(3) That is twenty-six (26) feet in length or longer without
carrying aboard at least one (1) type four ring life buoy in addition to the
applicable requirements of subsections (C)(1) and (2) of this
section.
(D) Each personal flotation device carried aboard a watercraft or
commercial vessel pursuant to this section shall be Coast Guard approved and in
good and serviceable condition, of appropriate size for the wearer, and readily
accessible to each person aboard the watercraft at all times.
(E) As used in
this section, “commercial vessel” means any vessel used in the
carriage of any person or property for a valuable consideration whether flowing
directly or indirectly from the owner, partner, or agent or any other person
interested in the vessel.
“Commercial vessel” does not include
any vessel that is manufactured or used primarily for noncommercial use or that
is leased, rented, or chartered to another for noncommercial use. (Ord. 805-05
§ 1 (part).)
921.251 Distress signals and flag required.
(A) No person shall operate a vessel upon the waterways of the city unless
the vessel carries either a distress flag at least two (2) feet square and
international orange in color or a Coast Guard approved daytime distress
signal.
(B) No person shall display any distress signal, unless a vessel or
a person is in distress and in need of help.
(C) Subsection (A) of this
section does not apply to:
(1) Vessels competing in an organized marine
parade, race, regatta, or similar event;
(2) Manually propelled
vessels;
(3) Sailboats less than twenty-six (26) feet in length with
completely open construction and without propulsion machinery.
(D) The
distress signals required by this section shall be in good and serviceable
condition, readily accessible, and of the type and quantities required by
regulation adopted under 46 U.S.C. 4302, as amended.
(E) No person shall
operate or permit to be operated any vessel on the waterways of the city in
violation of this section. (Ord. 805-05 § 1 (part).)
921.26 Anchor and line required; exception.
(A) All watercraft, except sailboats less than sixteen (16) feet long
having a cockpit depth of less than twelve (12) inches and except canoes, shall
carry an anchor and line of sufficient weight and length to anchor the
watercraft securely. The Chief of the Division of Watercraft, by rule, may
exempt other types of watercraft from this section after determining that
carrying such anchor and line would constitute a hazard.
(B) No person shall
operate or permit to be operated any vessel on the waterways of the city in
violation of this section. (Ord. 805-05 § 1 (part).)
921.27 Fire extinguishers required on powercraft.
(A) Except those powercraft propelled by an electric motor and those less
than twenty-six (26) feet in length designed for use with an outboard motor, of
open construction, and not carrying passengers for hire, all powercraft shall
carry fire extinguishers as prescribed in this section. The fire extinguishers
shall be capable of extinguishing a burning gasoline fire, shall be so placed as
to be readily accessible and in such condition as to be ready for immediate and
effective use and shall comply with minimum or higher standards for such
extinguishers then prevailing as prescribed by the United States Coast
Guard.
(B) Class A and Class 1 powercraft shall carry at least one (1) B-1
fire extinguisher. Class 2 powercraft shall carry at least two (2) B-1 fire
extinguishers or at least one (1) B-2 fire extinguisher. Class 3 powercraft
shall carry at least three (3) B-1 fire extinguishers, or at least one (1) B-1
and one (1) B-2 fire extinguisher. A B-1 fire extinguisher is one containing a
minimum of one and one-fourth (1-1/4) gallons foam, four (4) pounds carbon
dioxide, two (2) pounds dry chemical, two and one-half (2-1/2) pounds halon, or
another extinguishing material approved by the United States Coast Guard, in a
quantity approved by the United States Coast Guard, for such use. A B-2 fire
extinguisher is one containing a minimum of two and one-half (2-1/2) gallons
foam, fifteen (15) pounds carbon dioxide, ten (10) pounds dry chemical, ten (10)
pounds halon or another extinguishing material approved by the United States
Coast Guard, in a quantity approved by the United States Coast Guard, for such
use.
(C) No person shall operate or permit to be operated on the waterways
of the city any powercraft that does not comply with this section. (Ord. 805-05
§ 1 (part).)
921.28 Backfire flame control device.
Every gasoline engine installed in a vessel after April 25, 1940, except
an outboard motor, shall be equipped with an acceptable device to control
backfire flame. The device shall comply with all of the following:
(A) Be
securely attached to the air intake with a flame-tight connection;
(B) Be in
proper working order;
(C) Be Coast Guard approved or comply with either SAE
J1928 or UL 1111:
(D) Be marked to indicate approval or compliance under
subsection (C) of this section. (Ord. 805-05 § 1 (part).)
921.29 Ventilation required on powercraft.
All powercraft using gasoline or other liquid fuel having a flashpoint of
less than one hundred and ten (110) degrees F. shall be provided with
ventilation as follows:
(A) At least two (2) ventilators fitted with cowls
or their equivalent for the purpose of properly and efficiently ventilating the
bilges of every engine and fuel tank compartment in order to remove any
inflammable or explosive gases;
(B) Any type of ventilating system approved
for use by the United States Coast Guard;
(C) The ventilation of the boat is
not required where the greater portion of the bilges of the engine and fuel tank
compartment is open to the natural atmosphere. (Ord. 805-05 § 1
(part).)
921.30 Law enforcement official may order storage of vessel or outboard motor left on private property; towing byprivate dock owner.
(A) As used in this section and Sections 921.301, 921.302 and 921.304 of
the city code or similar sections of the Revised Code.
(1) “Vessel or
outboard motor” excludes an abandoned junk vessel or outboard motor, as
defined in Section 921.303 of the city code, or similar statute of the revised
code, or any watercraft or outboard motor under Section 4585.31 of the Revised
Code.
(2) “Law Enforcement Agency” means any organization or
unit comprised of law enforcement officers, as defined in of Section 2901.01 of
the Revised Code.
(B) (1) The chief of police, upon complaint of any person
adversely affected, may order into storage any vessel or outboard motor that has
been left on private property other than a private dock or mooring facility or
structure, for at least seventy-two (72) hours without the permission of the
person having the right to the possession of the property. The chief, upon
complaint of the owner of a marine repair facility or place of storage, may
order into storage any vessel or outboard motor that has been left at the
facility or place of storage for a longer period than that agreed upon. The
chief shall designate the place of storage. When ordering a vessel or motor into
storage under subsection (B)(1) of this section, the chief, whenever possible,
shall arrange for the removal of the vessel or motor by a private tow truck
operator or towing company.
(2) (a) Except as provided in subsection
(B)(2)(d) of this section, no person, without the consent of the owner or other
person authorized to give consent, shall moor, anchor or tie a vessel or
outboard motor at a private dock or mooring facility or structure owned by
another person if the owner has posted, in a conspicuous manner, a prohibition
against the mooring, anchoring, or tying of vessels or outboard motors at the
dock, facility, or structure by any person not having the consent of the owner
or other person authorized to give consent.
(b) If the owner of a private
dock or mooring facility or structure has posted at the dock, facility, or
structure, in a conspicuous manner, conditions and regulations under which the
mooring, anchoring, or tying of vessels or outboard motors is permitted at the
dock, facility, or structure, no person, except as provided in subsection
(B)(2)(d) of this section, shall moor, anchor, or tie a vessel or outboard motor
at the dock, facility, or structure in violation of the posted conditions and
regulations.
(c) The owner of a private dock or mooring facility or
structure may order towed into storage any vessel or outboard motor found
moored, anchored, or tied in violation of subsection (B)(2)(a) or (b) of this
section, provided that the owner of the dock, facility, or structure post on it
a sign that states that the dock, facility, or structure is private, is visible
from all entrances to the dock, facility, or structure, and contains all of the
following information:
(i) The enforcement specified in subsection (B)(2)(a)
or (b) of this section, as applicable;
(ii) A notice that violators will be
towed and that violators are responsible for paying the cost of the
towing;
(iii) The telephone number of the person from whom a towed vessel or
outboard motor may be recovered, and the address of the place to which the
vessel or outboard motor will be taken and the place from which it may be
recovered.
(d) Subsection (B)(2)(a) and (b) of this section do not prohibit
a person from mooring, anchoring, or tying a vessel or outboard motor at a
private dock or mooring facility or structure if either of the following
applies:
(i) The vessel or outboard motor is disabled due to a malfunction,
provided that the person immediately removes the vessel or outboard motor from
the dock, facility, or structure when the malfunction is corrected or when a
reasonable attempt has been made to correct it;
(ii) Weather conditions are
creating an imminent threat to safe operation of the vessel or outboard motor,
provided that the person immediately removes the vessel or outboard motor from
the dock, facility, or structure when the weather conditions permit safe
operation of the vessel or outboard motor.
(e) A person whose vessel or
outboard motor is towed into storage under subsection (B)(2)(c) of this section
either shall pay the cost of the towing of the vessel or outboard motor or shall
reimburse the owner of the dock or mooring facility or structure for the cost
that the owner incurs in towing the vessel or outboard motor.
(3) Subject to
subsection (C) of this section, the owner of a vessel or outboard motor that has
been removed under subsection (B) of this section may recover the vessel or
motor only in accordance with subsection (F) of this section.
(C) If the
owner or operator of a vessel or outboard motor that has been ordered into
storage under subsection (B) of this section arrives after the vessel or motor
has been prepared for removal but prior to its actual removal from the property,
the owner or operator shall be given the opportunity to pay a fee of not more
than one-half (1/2) of the charge for the removal of vessels or motors under
subsection (B) of this section that normally is assessed by the person who has
prepared the vessel or motor for removal, in order to obtain release of the
vessel or motor. Upon payment of that fee, the vessel or motor shall be released
to the owner or operator, and upon its release, the owner or operator
immediately shall move it so that it is not on the private property without the
permission of the person having the right to possession of the property, or is
not at the facility or place of storage without the permission of the owner,
whichever is applicable.
(D) The chief of police shall maintain a record of
vessels or outboard motors that the chief orders into storage under subsection
(B)(1) of this section. The record shall include an entry for each such vessel
or motor that identifies the vessel’s hull identification number or serial
number, if any, the vessel’s or motor’s make, model, and color, the
location from which it was removed, the date and time of its removal, the
telephone number of the person from whom it may be recovered, and the address of
the place to which it has been taken and from which it may be recovered. Any
information in the record that pertains to a particular vessel or motor shall be
provided to any person who, pursuant to a statement the person makes either in
person or by telephone, is identified as the owner or operator of the vessel or
motor and requests information pertaining to its location.
(E) Any person
who registers a complaint that is the basis of the chief’s order for the
removal and storage of a vessel or outboard motor under subsection (B)(1) of
this section shall provide the identity of the law enforcement agency with which
the complaint was registered to any person who, pursuant to a statement the
person makes, is identified as the owner or operator of the vessel or motor and
requests information pertaining to its location.
(F) (1) The owner of a
vessel or outboard motor that is ordered into storage under subsection (B) of
this section may reclaim it upon payment of any expenses or charges incurred in
its removal, in an amount not to exceed two hundred dollars ($200.00), and
storage, in an amount not to exceed five dollars ($5.00) per twenty-four (24)
hour period, and upon presentation of proof of ownership, which may be evidenced
by a certificate of title to the vessel or motor, certificate of United States
Coast Guard documentation, or certificate of registration if the vessel or motor
is not subject to titling under Section 1548.01 of the Revised Code.
(2) If
a vessel or motor that is ordered into storage under subsection (B) of this
section remains unclaimed by the owner for thirty (30) days, the procedures
established by Sections 921.301, and 921.302 of the city code shall
apply.
(3) If a vessel or outboard motor ordered into storage under
subsection (B)(2) of this section remains unclaimed for seventy-two (72) hours
after being stored, the tow truck operator or towing company that removed the
vessel or outboard motor shall provide notice of the removal and storage to the
chief of police the vessel or outboard motor had been moored, anchored, or tied
in violation of subsection (B)(2) of this section. The notice shall be in
writing and include the vessel’s hull identification number or serial
number, if any, the vessel’s or outboard motor’s make model, and
color, the location from which it was removed, the date and time of its removal,
the telephone number of the person from whom it may be recovered, and the
address of the place to which it has been taken and from which it may be
recovered.
Upon receipt of the notice, the chief of police immediately shall
cause a search to be made of the records of the Division of Watercraft to
ascertain the owner and any lien-holder of the vessel or outboard motor, and, if
known, shall send notice to the owner and lien-holder, if any, at the
owner’s and lien-holder’s last known address by certified mail,
return receipt requested, that the vessel or outboard motor will be declared a
nuisance and disposed of if not claimed not later than thirty (30) days after
the date of the mailing of the notice.
If the owner or lien-holder makes no
claim to the vessel or outboard motor within thirty (30) days of the date of the
mailing of the notice, the chief of police shall file with the clerk of courts
of the county in which the place of storage is located an affidavit showing
compliance with the requirements of subsection (F)(3) of this section, and the
vessel or outboard motor shall be disposed of in accordance with Section 921.302
of the city code or similar section of the Revised Code.
(G) No person shall
remove, or cause the removal of, any vessel or outboard motor from private
property other than in accordance with subsection (B) of this section or Section
921.301 of the city code or similar section of the Revised Code. (Ord. 805-05
§ 1 (part).)
921.301 Storage of vessel or motor left in sunken, beached, drifting or docked condition; notice; affidavit; salvage certificate.
The chief of police may order into storage any vessel or outboard motor
that has been left in a sunken, beached or drifting condition for any period of
time, or in a docked condition, on a public street or other property open to the
public, or upon or within the right-of-way of any waterway, road, or highway,
for forty-eight (48) hours or longer without notification to the chief of the
reasons for leaving the vessel or motor in any such place or condition. The
chief shall designate the place of storage of any vessel or motor ordered
removed by him.
The chief shall immediately cause a search to be made of the
records of the Division of Watercraft to ascertain the owner and any lien-holder
of a vessel or outboard motor ordered into storage by the chief, and, if known,
shall send notice to the owner and lien-holder, if any, at the person’s
last known address by certified mail, return receipt requested, that the vessel
or motor will be declared a nuisance and disposed of if not claimed within ten
(10) days of the date of mailing of the notice. The owner or lien-holder of the
vessel or motor may reclaim it upon payment of any expenses or charges incurred
in its removal and storage, and presentation of proof of ownership, which may be
evidenced by a certificate of title to the vessel or motor, certificate of
United States Coast Guard documentation, or certificate of registration if the
vessel or motor is not subject to titling under Section 1548.01 of the Revised
Code.
If the owner or lien-holder makes no claim to the vessel or outboard
motor within ten (10) days of the date of mailing of the notice, and if the
vessel or motor is to be disposed of at public auction as provided in Section
921.302 of the city code, the chief shall file with the clerk of courts of the
county in which the place of storage is located an affidavit showing compliance
with the requirements of this section. Upon presentation of the affidavit, the
clerk of courts shall without charge issue a salvage certificate of title, free
and clear of all liens and encumbrances, to the chief and shall send a copy of
the affidavit to the Chief of the Division of Watercraft. If the vessel or
outboard motor is to be disposed of to a marine salvage dealer or other facility
as provided in Section 921.302 of the city code, the chief shall execute in
triplicate an affidavit, as prescribed by the Chief of the Division of
Watercraft, describing the vessel or motor and the manner in which it was
disposed of, and that all requirements of this section have been complied with.
The chief shall retain the original of the affidavit for his records and shall
furnish two (2) copies to the marine salvage dealer or other facility. Upon
presentation of a copy of the affidavit by the marine salvage dealer or other
facility, the clerk of courts shall issue to such owner a salvage certificate of
title, free and clear of all liens and encumbrances.
Whenever the marine
salvage dealer or other facility receives an affidavit for the disposal of a
vessel or outboard motor as provided in this section, such owner shall not be
required to obtain an Ohio certificate or title to the vessel or motor in his
own name if the vessel or motor is dismantled or destroyed and both copies of
the affidavit are delivered to the clerk of courts. Upon receipt of such an
affidavit, the clerk of courts shall send one (1) copy of it to the Chief of the
Division of Watercraft. (Ord. 805-05 § 1 (part).)
921.302 Disposal of unclaimed vessel or motor.
(A) Unclaimed vessels or outboard motors ordered into storage under
subsection (B) of Section 921.30 or Section 921.301 of the city code shall be
disposed of at the order of the chief of police in any of the following
ways:
(1) To a marine salvage dealer.
(2) To any other facility owned,
operated, or under contract with the city of Columbus.
(3) To a charitable
organization, religious organization, or similar organization not used and
operated for profit;
(4) By sale at a public auction by the chief, or an
auctioneer licensed under Chapter 4707 of the Revised Code, after giving notice
of the auction by advertisement, published once a week for two (2) consecutive
weeks in a newspaper of general circulation in the county.
(B) Any moneys
accruing from the disposition of an unclaimed vessel or motor that are in excess
of the expenses resulting from the removal and storage of the vessel or motor
shall be credited to the general revenue fund of the city of
Columbus.
(C) As used in this section, “charitable organization”
has the same meaning as in Section 1716.01 of the Revised Code. (Ord. 805-05
§ 1 (part).)
921.303 Disposal of abandoned vessel or motor.
(A) As used in this section and Section 921.304 of city code or similar
statute in 1547.304 of the Revised Code.
(1) “Abandoned junk vessel or
outboard motor,” means any vessel or outboard motor meeting all of the
following requirements:
(a) It has been left on private property for at
least seventy-two (72) hours without the permission of the person having the
right to the possession of the property; left in a sunken, beached, or drifting
condition for any period of time; or left in a docked condition, on a public
street or other property open to the public, or upon or within the right-of-way
of any waterway, road, or highway, for forty-eight (48) hours or longer without
notification to the chief of police of the reasons for leaving the vessel or
motor in any such place or condition;
(b) It is three (3) years old, or
older;
(c) It is extensively damaged, such damage including but not limited
to any of the following: missing deck, hull, transom, gunwales, motor, or
out-drive;
(d) It is apparently inoperable;
(e) It has a fair market
value of two hundred dollars ($200.00) or less.
(2) “Law enforcement
agency” means any organization or unit comprised of law enforcement
officers, as defined in Section 2901.01 of the Revised Code.
(B) The chief
of police, upon notification of such action, shall order any abandoned junk
vessel or outboard motor to be photographed by a law enforcement officer. The
officer shall record the make of vessel or motor, the hull identification number
or serial number when available, and shall also detail the damage or missing
equipment to substantiate the value of two hundred dollars ($200.00) or less.
The chief shall thereupon immediately dispose of the abandoned junk vessel or
outboard motor to a marine salvage dealer or other facility owned, operated, or
under contract to the city for the destruction of such vessels or motors. The
records and photographs relating to the abandoned junk vessel or outboard motor
shall be retained by the law enforcement agency ordering the disposition of the
vessel or motor for a period of at least two (2) years. The law enforcement
agency shall execute in quadruplicate an affidavit, as prescribed by the Chief
of the Division of Watercraft, describing the vessel or motor and the manner in
which it was disposed of, and that all requirements of this section shall have
been complied with, and shall sign and file the same with the clerk of courts of
the county in which the vessel or motor was abandoned. The clerk of courts shall
retain the original of the affidavit for the clerk’s file, shall furnish
one (1) copy thereof to the Chief of the Division of Watercraft, one (1) copy to
the marine salvage dealer or other facility handling the disposal of the vessel
or motor, and one (1) copy to the law enforcement agency ordering the disposal,
who shall file such copy with the records and photographs relating to the
disposal. Any moneys arising from the disposal of an abandoned junk vessel or
outboard motor shall be credited to the general revenue fund of the city of
Columbus.
Notwithstanding Section 921.301 of the city code, any vessel or
outboard motor meeting the requirements of subsections (A)(1)(c) to (e) of this
section which has remained unclaimed by the owner or lien-holder for a period of
ten (10) days or longer following notification as provided in Section 921.301 of
the city code may be disposed of as provided in this section. (Ord. 805-05
§ 1 (part).)
921.304 Abandonment of vessel or motor without notice to law enforcement official prohibited.
No person shall purposely leave an abandoned junk vessel or outboard motor
on private property for more than seventy-two (72) hours without the written
permission of the person having the right to the possession of the property; in
a sunken, beached, or drifting condition for any period of time; or in a docked
condition, on a public street or other property open to the public, or upon or
within the right-of-way of any waterway, road, or highway, for forty-eight (48)
hours or longer without notification to the chief of the reasons for leaving the
vessel or motor in any such place or condition.
For purposes of this
section, the fact that an abandoned junk vessel or outboard motor has been so
left without permission or notification is prima-facie evidence of abandonment.
(Ord. 805-05 § 1 (part).)
921.31 Muffler or muffler system; noise level violations.
(A) Every powercraft operated on the waterways of the city shall be
equipped at all times with a muffler or a muffler system that is in good working
order, in constant operation, and effectively installed to prevent excessive or
unusual noise.
(B) (1) No person shall operate or give permission for the
operation of a powercraft on the waterways of the city in such a manner as to
exceed a noise level of ninety (90) decibels on the “A” scale when
subjected to a stationary sound level test as prescribed by SAE
J2005.
(2) No person shall operate or give permission for the operation of a
powercraft on the waterways of the city in such a manner as to exceed a noise
level of seventy-five (75) decibels on the “A” scale measured as
specified by SAE J1970. Measurement of a noise level of not more than
seventy-five (75) decibels on the “A” scale of a powercraft in
operation does not preclude the conducting of a stationary sound level test as
prescribed by SAE J 2005.
(C) No person shall operate or give permission for
the operation of a powercraft on the waterways of the city that is equipped with
an altered muffler or muffler cutout, or operate or give permission for the
operation of a powercraft on the waterways of the city in any manner that
bypasses or otherwise reduces or eliminates the effectiveness of any muffler or
muffler system installed in accordance with this section, unless the applicable
mechanism has been permanently disconnected or made inoperable.
(D) No
person shall remove, alter, or otherwise modify in any way a muffler or muffler
system in a manner that will prevent it from being operated in accordance with
this section.
(E) No person shall manufacture, sell, or offer for sale a
powercraft that is not equipped with a muffler or muffler system that prevents
noise levels in excess of those established in subsection (B)(1) of this
section.
(F) This section does not apply to any of the following:
(1) A
powercraft that is designed, manufactured, and sold for the sole purpose of
competing in racing events. The exception established under subsection (F)(1) of
this section shall be documented in each sale agreement and shall be
acknowledged formally by the signatures of the buyer and the seller. The buyer
and the seller shall maintain copies of the sale agreement. A copy of the sale
agreement shall be kept aboard the powercraft when it is operated. A powercraft
to which the exception established under subsection (F)(1) of this section
applies shall be operated on the waterways of the city only in accordance with
subsection (F)(2) of this section.
(2) A powercraft that is actually
participating in a sanctioned racing event or in tune-up periods for a
sanctioned racing event on the waterways of this city and that is being operated
in accordance with subsection (F)(2) of this section. For the purposes of
subsection (F)(2) of this section, a sanctioned racing event is a racing event
that is conducted in accordance with Section 1547.20 of the Revised Code or that
is approved by the United States Coast Guard. The operator of a powercraft that
is operated on the waterways of this city for the purpose of a sanctioned racing
event shall comply with that section and requirements established under it or
with requirements established by the Coast Guard, as appropriate. Failure to
comply subjects the operator to this section.
(3) A powercraft that is being
operated on the waterways of the city by or for a boat or engine manufacturer
for the purpose of testing, development, or both and that complies with
subsection (F)(3) of this section. The operator of such a powercraft shall have
aboard at all times and shall produce on demand of a law enforcement officer a
current, valid letter issued by the Chief of the Division of Watercraft in
accordance with the rules adopted under subsection (I)(1) of this
section.
(G) A law enforcement officer who is trained in accordance with
rules adopted under subsection (I)(2) of this section and who has reason to
believe that a powercraft is not in compliance with the noise levels established
in this section may direct the operator of the powercraft to submit it to an
on-site test to measure the level of the noise emitted by the powercraft. The
operator shall comply with that direction. The officer may remain aboard the
powercraft during the test at the officer’s discretion.
If the level
of the noise emitted by the powercraft exceeds the noise levels established in
this section, the officer may direct the operator to take immediate and
reasonable measures to correct the violation, including returning the powercraft
to a mooring and keeping it at mooring until the violation is corrected or
ceases.
(H) A law enforcement officer who conducts powercraft noise level
test pursuant to this section shall be trained to do so in accordance with the
rules adopted under subsection (I)(2) of this section.
(I) In accordance
with Chapter 119 of the Revised Code, the chief shall adopt rules establishing
both of the following;
(1) Requirements and procedures for the issuance of
letters under subsection (F)(3) of this section. The rules shall require,
without limitation, that each such letter adequately identify the powercraft
concerning which the letter is issued and specify the purpose for which the
powercraft is being operated.
(2) Requirements and procedures for the
training of law enforcement officers who conduct powercraft noise level test
pursuant to this section. The rules shall require the training to include,
without limitation, the selection of a site where noise level is measured and
the calibration and use of noise measurement equipment. (Ord. 805-05 § 1
(part).)
921.32 Vessel dwelling unlawful.
No person shall use any vessel for the purpose of establishing or
maintaining a dwelling of either permanent or temporary nature on any of the
waterways of the city. (Ord. 805-05 § 1 (part).)
921.321 Vessel camping prohibited.
(A) Vessel camping shall be prohibited on all waterways of the city
without written permission from the director.
(B) As used in this section,
vessel camping means habitation and sleeping by any occupant in any vessel after
hours of park closure. (Ord. 805-05 § 1 (part).)
921.33 Sink, toilet or sanitary system restrictions.
No person shall launch, moor, dock, use, or operate or permit to be
operated on any waterways of the city any vessel that contains a sink, toilet,
or sanitary system that is capable of discharging urine, fecal matter, contents
of a chemical commode, kitchen wastes, laundry wastes, slop sink drainage, or
other household wastes into the waterways of the city. Such sink, toilet, or
sanitary system shall be removed or sealed or made to drain into a tank or
reservoir that can be carried or pumped ashore for disposal in a sewage
treatment works approved by the director of environmental protection. (Ord.
805-05 § 1 (part).)
921.34 Violation resulting in injury or damage is evidence of negligence in a civil action.
Violations of Sections 921.03 to 921.33 or similar sections of the Revised
Code, which result in injury to persons or damage to property, shall constitute
prima facie evidence of negligence in a civil action. (Ord. 805-05 § 1
(part).)
921.38 Rental of improperly equipped vessel prohibited.
No person who lets vessels for hire, or the agent or employee thereof,
shall rent, lease, charter, or otherwise permit the use of a vessel, unless the
person provides the vessel with the equipment required under Sections 921.25,
921.251, 921.26, 921.27, 921.28, 921.29 and 921.31 of the city code or similar
sections of the Revised Code and rules adopted under this chapter regarding the
equipment of vessels, and complies with the requirements of Sections 921.24,
921.40, 921.53, 921.57 of the city code or similar sections of the Revised Code
and either 1547.54 or 1547.542 of the Revised Code and rules adopted under this
chapter to implement and enforce those sections. (Ord. 805-05 § 1
(part).)
921.39 Capacity plate required.
(A) No person after January 1, 1977, shall manufacture, sell, or offer for
sale any watercraft propelled by machinery as its principal source of power, or
watercraft designed to be manually propelled, less than twenty (20) feet in
length, and designed to carry two (2) or more persons, manufactured after that
date, unless a capacity plate containing the correct information as prescribed
by regulations adopted by the United States Coast Guard, is firmly attached to
the watercraft. The capacity plate shall be attached in such location that it is
clearly legible from the position designed or intended to be occupied by the
operator when underway.
(B) No person shall operate or permit to be operated
on the waterways of the city watercraft for which a capacity plate is required
under this section unless the capacity plate is attached.
(C) No person
shall alter, remove, or deface any information contained on the capacity plate
unless the manufacturer has altered the watercraft in such a way that would
require a change in the information contained on the capacity plate.
(D) As
used in this section, “manufacture” means to construct or assemble a
watercraft, or to alter a watercraft in such a manner as to affect or change its
weight capacity or occupant capacity. (Ord. 805-05 § 1 (part).)
921.40 Exceeding capacity plate figures; absence of plate.
(A) No person shall operate or permit to be operated on the waterways of
the city a watercraft to which a capacity plate is attached, if the total load
exceeds the weight capacity indicated on the capacity plate, if the number of
persons aboard exceeds the occupant capacity indicated on the capacity plate, or
if the horsepower of any attached outboard motor exceeds the maximum horsepower
indicated on the capacity plate.
(B) When no capacity plate exists, no
person shall operate or permit to be operated on the waterways of the city a
watercraft if a reasonably prudent person would believe that either of the
following circumstances applies:
(1) The total load aboard the watercraft
has associated with it a risk of physical harm to persons or
property;
(2) The total horsepower of any inboard engine or attached
outboard motor has associated with it a risk of physical harm to persons or
property. (Ord. 805-05 § 1 (part).)
921.49 Littering prohibited.
(A) As used in this section, “litter” means garbage, trash,
waste, rubbish, ashes, cans, bottles, wire, paper, cartons, vessel parts,
vehicle parts, furniture, glass, or anything else of an unsightly or unsanitary
nature.
(B) No operator or occupant of a vessel or any other person shall,
regardless of intent, throw, drop, discard, or deposit litter from any vessel in
operation or control upon or in any waterways of the city, except into a litter
receptacle in a manner that prevents its being carried away or deposited by the
elements.
(C) No operator of a vessel in operation upon any waterways of the
city shall allow litter to be thrown, dropped, discarded, or deposited from the
vessel, except into a litter receptacle in a manner that prevents its being
carried away or deposited by the elements. (Ord. 805-05 § 1
(part).)
921.57 Tags indicating expiration date; attachment of identification number.
(A) Except as otherwise provided in subsection (C) of this section, when
the Chief of the Division of Watercraft issues a registration certificate under
Section 1547.54 of the Revised Code, the chief also shall issue to the applicant
two (2) tags not larger than three (3) inches square, color coded, indicating
the expiration date of the certificate. The owner of watercraft currently
documented by the United States Coast Guard and for which a registration
certificate is issued shall securely affix one (1) tag to the watercraft’s
port side and the other tag to the starboard side so that the tags are clearly
visible under normal operating conditions. The tags shall be removed from the
watercraft when they become invalid. The owner of any other watercraft for which
a registration certificate is issued shall securely affix one (1) tag to the
watercraft’s port side, six (6) inches toward the stern from the
identification number, and the other tag to the starboard side, six (6) inches
toward the stern from the identification number. The tags shall be securely
affixed to the watercraft prior to its operation, but shall be removed from the
watercraft when they become invalid. A person may operate without a registration
certificate issued under Section 1547.54 of the Revised Code, for a period not
to exceed forty-five (45) days, any watercraft required to be titled on the
waters in this state if the person is in compliance with Section 1547.531
[1547.53.1] of the Revised Code.
(B) The owner of every watercraft requiring
numbering by this state shall attach to each side of the bow of the watercraft
the permanent identification number in such manner as may be prescribed by
applicable federal standards in order that it shall be clearly visible. The
number shall be maintained in a legible condition at all times. No number other
than the number assigned to a watercraft or granted by reciprocity pursuant to
Chapter 1547 of the Revised Code shall be painted, attached, or otherwise
displayed on either side of the bow of the watercraft.
(C) When the chief
issues a registration certificate under Section 1547.54 of the Revised Code for
a canoe, rowboat, or inflatable watercraft that has not been numbered under
Section 1547.53 of the Revised Code, the chief also shall issue to the applicant
a tag not larger than three (3) inches by six (6) inches, with distinguishing
color coding and a number for identification purposes. The owner of the canoe,
rowboat, or inflatable watercraft for which the registration certificate is
issued shall affix the tag securely to a location on the canoe, rowboat, or
inflatable watercraft as prescribed by rules adopted by the chief under Section
1547.52 of the Revised Code.
(D) No person shall operate or permit to be
operated any watercraft on the waters in this city in violation of this section.
(Ord. 805-05 § 1 (part).)
921.59 Duties after collision or accident; accident reports.
The operator of a vessel involved in a collision, accident, or other
casualty, so far as the person can do so without serious danger to the
operator’s own vessel, crew, and passengers, shall render to other persons
affected by the collision, accident, or other casualty such assistance as may be
practicable and as may be necessary in order to save them from or minimize any
danger caused by the collision, accident, or other casualty. The operator also
shall give the operator’s name, address, and identification of the
operator’s vessel in writing to any person injured and to the owner of any
property damaged in the collision, accident, or other casualty.
Any person
who renders assistance at the scene of a collision, accident, or other casualty
involving a vessel is not liable in a civil action for damages or injury to
persons or property resulting from any act or omission in rendering assistance
or in providing or arranging salvage, towage, medical treatment, or other
assistance, except that the person is liable for willful or wanton misconduct in
rendering assistance. Nothing in this section precludes recovery from any
tortfeasor causing a collision, accident or other casualty, of damages caused or
aggravated by the rendering of assistance.
In the case of collision,
accident, or other casualty involving a vessel, the operator thereof, if the
collision, accident, or other casualty results in loss of life, personal injury
requiring medical treatment beyond first aid, or damage to property in excess of
five hundred dollars ($500.00), shall file with the Chief of the Division of
Watercraft a full description of the collision, accident, or other casualty, on
a form prescribed by the chief. The report so filed shall be used for
statistical purposes only and shall not be admissible for any civil, criminal,
or administrative action at law.
If the operator of the involved vessel in a
collision, accident, or other casualty is incapacitated, the investigating law
enforcement officer shall file the required form as prescribed by the Chief of
the Division of Watercraft. (Ord. 805-05 § 1 (part).)
921.63 Enforcement.
Every law enforcement officer, within the area of his authority, may
enforce the provisions of this chapter and Chapter 1547 of the Revised Code, and
rules adopted by the Chief of the Division of Watercraft, and in the exercise
thereof may stop and board any vessel subject to this chapter, or Chapter 1547
of the Revised Code and rules adopted under it. (Ord. 805-05 § 1
(part).)
921.66 Alteration of identifying marks; false information on application.
No person shall deface or alter any serial number, model designation, or
other identifying mark on any watercraft or motor as placed thereon by the
manufacturer thereof, or remove, deface, or alter the registration number of any
watercraft as the registration number appears on the bow thereof except by
specific order of the Chief of the Division of Watercraft. (Ord. 805-05 § 1
(part).)
921.69 Firearms offenses; signaling devices.
(A) As used in this section:
(1) “Firearm and handgun have the
same meanings as Section 2923.11 of the Revised
Code.
(2) “Unloaded” has the same meaning as in Section 2923.16
of the Revised Code.
(B) No person shall knowingly discharge a firearm while
in or on a vessel.
(C) No person shall knowingly transport or have a loaded
firearm in a vessel, in a manner that the firearm is accessible to the operator
or any passenger.
(D) No person shall knowingly transport or have a firearm
in a vessel, unless it is unloaded and is carried in one (1) of the following
ways:
(1) In a closed package, box, or case;
(2) In plain sight with the
action opened or the weapon stripped; or, if the firearm is of a type on which
the action will not stay open or which cannot easily be stripped, in plain
sight.
(E) (1) The affirmative defense authorized in subsections (D) (1) and
(2) of Section 2923.12 of the Revised Code are affirmative defenses to a charge
under subsection (C) or (D) of this section that involves a firearm other than a
handgun, in a vessel that the actor transporting or having a firearm of any
type, including a handgun, in a vessel that the actor transported or had the
firearm in the vessel for any lawful purpose and while the vessel was on the
actor’s own property, provided that this affirmative defense is not
available unless the actor, prior to arriving at the vessel on the actor’s
own property, did not transport or possess the firearm in the vessel or in a
motor vehicle in a manner prohibited by this section or subsection (B) or (C) of
Section 2923.16 of the Revised Code while the vessel was being operated on a
waterway that was not on the actor’s own property or while the motor
vehicle was being operated on a street, highway, or other public or private
property used by the public for vehicular traffic.
(2) No person who is
charged with a violation of subsection (C) or (D) of this section shall be
required to obtain a license or temporary emergency license to carry a concealed
handgun under Section 2923.1213 of the Revised Code as a condition for the
dismissal of the charge.
(F) Subsections (B), (C), and (D) of this section
do not apply to the possession or discharge of a United States Coast Guard
approved signaling device required to be carried aboard a vessel under Section
1547.251 of the Revised Code when the signaling device is possessed or used for
the purpose of giving a visual distress signal. No person shall knowingly
transport or possess any signaling device of that nature in or on a vessel in a
loaded condition at any time other than immediately prior to the discharge of
the signaling device for the purpose of giving a visual distress
signal.
(G) No person shall operate or permit to be operated any vessel on
the waterways of the city in violation of this section.
(H) This section
does not apply to officers, agents, or employees of this or any other state or
of the United States or to law enforcement officers when authorized to carry or
have loaded or accessible firearms in a vessel and acting within the scope of
their duties, nor to persons legally engaging in hunting. Subsections (C) and
(D) of this section do not apply to a person who transports or possesses a
handgun in a vessel and who, at the time of that transportation or possession,
is carrying a valid license or temporary emergency license to carry a concealed
handgun issued to the person under Section 2923.125 or 2923.1213 of the Revised
Code or a license to carry a concealed handgun that was issued by another state
with which the attorney general has entered into a reciprocity agreement under
Section 109.69 of the Revised Code, unless the person knowingly is in a place on
the vessel described in subsection (B) of the Section 2923.126 of the Revised
Code.
(I) If a law enforcement officer stops a vessel for a violation of
this section or any other law enforcement purpose, if any person on the vessel
surrenders a firearm to the officer, either voluntarily or pursuant to a request
or demand of the officer, and if the officer does not charge the person with a
violation of this section or arrest the person for any offense, the person is
not otherwise prohibited by law from possessing the firearm, and the firearm is
not contraband, the officer shall return the firearm to the person at the
termination of the stop. (Ord. 805-05 § 1 (part).)
921.92 Tampering with navigation aid or vessel prohibited.
No person shall knowingly:
(A) Damage, remove, or tamper with any
signal, buoy, or other aid to navigation;
(B) Sever the mooring lines of,
set adrift, or tamper with any vessel that is moored or tied up on the waterways
of the city. (Ord. 805-05 § 1 (part).)
921.99 Penalties.
(A) Whoever violates Section 921.01-06, 921.01-07, 921.01-08, 921.10,
Division (I) of Section 921.111, Section 921.13, 921.34, 921.66 or Section
921.70 of this chapter is guilty of a misdemeanor of the first
degree.
(B) Whoever violates a provision of this chapter or a rule adopted
thereunder, for which no penalty is otherwise provided, is guilty of a minor
misdemeanor.
(C) Whoever violates Section 921.07 or 921.12 of this chapter
without causing injury to persons or damage to property is guilty of a
misdemeanor of the fourth degree.
(D) Whoever violates Section 921.07,
921.12, or 921.92 of the city code causing injury or damage to property is
guilty of a misdemeanor of the third degree.
(E) Whoever violates subsection
(G) of Section 921.30 or Section 921.131, 921.25, 921.321, 921.33, 921.38,
921.39, 921.40, 921.69, or 921.92 of this chapter is guilty of a misdemeanor of
the fourth degree.
(F) Whoever violates Section 921.11 of the city code is
guilty of a misdemeanor of the first degree and shall be punished as provided in
subsection (F)(1), (2) or (3) of this section.
(1) Except as otherwise
provided in Division (F)(2) or (3) of this section, the court shall sentence the
offender to a term of imprisonment of three (3) consecutive days and may
sentence the offender pursuant to Section 2929.24 of the Revised Code to a
longer jail term . In addition, the court shall impose upon the offender a fine
of not less than one hundred fifty ($150.00) or more than one thousand dollars
($1,000.00).
The court may suspend the execution of the mandatory jail term
of three (3) consecutive days that it is required to impose by Division (F)(1)
of this section if the court, in lieu of the suspended jail term , places the
offender under a community control sanction pursuant to Section 2929.25 of the
Revised Code and requires the offender to attend, for three (3) consecutive
days, a drivers’ intervention program that is certified pursuant to
Section 3793.10 of the Revised Code. The court also may suspend the execution of
any part of the mandatory jail term of three (3) consecutive days that it is
required to impose by Division (F)(1) of this section if the court places the
offender under a community control sanction pursuant to Section 2929.25 of the
Revised Code for part of the three (3) consecutive days; requires the offender
to attend, for that part of the three (3) consecutive days, a drivers’
intervention program that is certified pursuant to Section 3793.10 of the
Revised Code; and sentences the offender to a jail term equal to the remainder
of the three (3) consecutive days that the offender does not spend attending the
drivers’ intervention program. The court may require the offender, as a
condition of community control, to attend and satisfactorily complete any
treatment or education programs, in addition to the required attendance at a
drivers’ intervention program, that the operators of the drivers’
intervention program determine that the offender should attend and to report
periodically to the court on the offender’s progress in the program. The
court also may impose any other conditions of community control on the offender
that it considers necessary.
(2) If, within six (6) years of the offense,
the offender has not been convicted of or pleaded guilty to one violation of
Section 921.11 of the city code, or Section 1547.11 of the Revised Code, or a
municipal ordinance relating to operating a watercraft or manipulating any water
skis, aquaplane, or similar device while under the influence of alcohol, a drug
of abuse, or a combination of them, of a municipal ordinance relating to
operating a watercraft or manipulating any water skis, aquaplane, or similar
device with a prohibited concentration of alcohol , a controlled substance, or a
metabolite of a controlled substance in the whole blood, blood serum or plasma,
breath, or urine, of Division (A)(1) of Section 2903.06 of the Revised Code, or
of Division (A)(2), (3), or (4) of Section 2903.06 of the Revised Code or
Section 2903.06 or 2003.07 of the Revised Code as they existed prior to March
23, 2000, in a case in which the jury or judge found that the offender was under
the influence of alcohol, a drug of abuse, or a combination of them, the court
shall sentence the offender to a jail term of ten (10) consecutive days and may
sentence the offender pursuant to Section 2929.24 of the Revised Code to a
longer jail term . In addition, the court shall impose upon the offender a fine
of not less than one hundred fifty ($150.00) nor more than one thousand dollars
($1,000.00).
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers’
intervention program that is certified pursuant to Section 3793.10 of the
Revised Code.
(3) If, within six (6) years of the offense, the offender has
been convicted of or pleaded guilty to more than one (1) violation identified in
Division (F)(2) of this section, the court shall sentence the offender to a jail
term of thirty (30) consecutive days and may sentence the offender to a longer
jail term of not more than one (1) year. In addition, the court shall impose
upon the offender a fine of not less than one hundred fifty ($150.00) or more
than one thousand dollars ($1,000.00).
In addition to any other sentence
that it imposes upon the offender, the court may require the offender to attend
a drivers’ intervention program that is certified pursuant to Section
3793.10 of the Revised Code.
(4) Upon a showing that serving a jail term
would seriously affect the ability of an offender sentenced pursuant to Division
(F)(1), (2) or (3) of this section to continue the offender’s employment,
the court may authorize that the offender be granted work release after the
offender has served the mandatory jail term of three (3), ten (10) or thirty
(30) consecutive days that the court is required by Division (F)(1), (2) or (3)
of this section to impose. The duration of the work release shall not exceed the
time necessary each day for the offender to commute to and from the place of
employment and the place in which the jail term is served and the time actually
spent under employment.
(5) Notwithstanding any section of the city code or
Revised Code that authorizes the suspension of the imposition or execution of a
sentence or the placement of an offender in any treatment program in lieu of
being imprisoned of serving a jail term, no court shall suspend the mandatory
jail term of ten (10) or thirty (30) consecutive days required to be imposed by
Division (F)(2) or (3) of this section or place an offender who is sentenced
pursuant to Division (F)(2) or (3) of this section in any treatment program in
lieu of being imprisoned or serving jail term until after the offender has
served the mandatory jail term of ten (10) or thirty (30) consecutive days
required to be imposed pursuant to subsection (F)(2) or (3) of this section.
Notwithstanding any section of the city code or Revised Code that authorizes the
suspension of the imposition or execution of a sentence or the placement of an
offender in any treatment program in lieu of being imprisoned or serving a jail
term, no court, except as specifically authorized by Division (F)(1) of this
section, shall suspend the mandatory jail term of three (3) consecutive days
required to be imposed by Division (F)(1) of this section or place an offender
who is sentenced pursuant to Division (F)(1) of this section in any treatment
program in lieu of imprisonment until after the offender has served the
mandatory jail term of three (3) consecutive days required to be imposed
pursuant to Division (F)(1) of this section.
(6) As used in Division (F) of
this section, “jail term” and “mandatory jail term” have
the same meaning as in Section 2929.01 of the Revised Code.
(G) Whoever
violates Section 921.304 of the city code is guilty of a misdemeanor of the
fourth degree and also shall be assessed any costs incurred by the city in
disposing of an abandoned junk vessel or outboard motor, less any money accruing
to the city.
(H) Whoever violates subsection (B) or (C) of Section 921.49 of
the city code is guilty or a minor misdemeanor.
(I) Whoever violates Section
921.31 of the city code is guilt offense. On each subsequent offense, the person
is guilty of a misdemeanor of the third degree.
(J) Whoever violates Section
921.05 or 921.051 of the city code is guilty of a misdemeanor of the fourth
degree if the violation is not related to a collision, injury to a person, or
damage to property and a misdemeanor of the third degree if the violation is
related to a collision, injury to a person, or damage to property.
(K) The
sentencing court, in addition to the penalty provided under this section for a
violation of this chapter or rule adopted under it that involves a powercraft
powered by more than ten (10) horsepower and that, in the opinion of the court,
involves a threat to the safety of persons or property, shall order the offender
to complete successfully a boating course approved by the national association
of state boating law administrators before the offender is allowed to operate a
powercraft powered by more than ten (10) horsepower on the waterways of this
city. Violation of a court order under this division is punishable as contempt
under Chapter 2705 of the Revised Code. (Ord. 805-05 § 1 (part): Ord.
2276-2006 § 1 (part).)
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