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