PART FOUR TRAFFIC CODE Title XI Water Traffic Code

Transcription

1 PART FOUR TRAFFIC CODE Title XI Water Traffic Code Chapter 481 Definitions, Enforcement, Compliance and Penalty CROSS REFERENCES Complete to June 30, 2010 Watercraft impounding, CO Equipment violations, CO Definitions As used in this Water Traffic Code, certain terms are defined as follows: (a) "Waters of Cleveland" means any waters within the jurisdiction of the City of Cleveland in which any watercraft is or may be operated, and includes the waters of Lake Erie and the Cuyahoga River. Jurisdiction in Lake Erie includes all waters within the easterly and westerly City limits and extends into Lake Erie to the distance of two miles from the natural shore line. (b) "Watercraft" means any of the following when used or capable of being used for transportation on the water: (1) A boat operated by machinery either permanently or temporarily affixed; (2) A sailboat other than a sailboard; (3) An inflatable, manually propelled boat having a hull identification number assigned by and meeting the requirements of the United States Coast Guard; (4) A canoe or rowboat. "Watercraft" does not include ferries as referred to in RC Chapter Watercraft subject to Section shall be divided into four classes as follows: Class A: Less than sixteen feet in length; Class 1: At least sixteen feet but less than twenty-six feet in length; Class 2: At least twenty-six feet but less than forty feet in length; Class 3: At least forty feet but not more than sixty-five feet in length. Any watercraft over sixty-five feet in length shall comply with Federal regulations. (c) "Rowboat" means any watercraft designed to be rowed or paddled and which is propelled by human muscular effort by oars, paddles or other contrivances upon which no mechanical propulsion device, electric motor, internal combustion engine or sail has been affixed or is used for the operation of such watercraft, and include a canoe, kayak, raft or paddleboard.

2 (d) "Motorboat" means any powercraft as defined in division (g) hereof not more than sixty-five feet in length, measured parallel to the center line from end to end in a straight line from the foremost part of the vessel to the aftermost. Bowsprints, bumpkins, rudders, outboard motors and brackets and similar fittings or attachments are not to be included. Length shall be stated in feet and inches. (e) "Sailboat" means any watercraft equipped with mast and sails, dependent upon the wind to propel such watercraft in the normal course of operation of such watercraft. (1) Any sailboat equipped with an inboard engine is deemed a powercraft with auxiliary sail. (2) Any sailboat equipped with a detachable motor is a sailboat with auxiliary power. (3) Any sailboat being propelled by mechanical power, whether under sail or not, is deemed a powercraft and subject to all laws and rules and regulations governing powercraft operation. (f) "Emergency watercraft" means police, fire and state patrol watercraft when identified as such and watercraft commandered by police officers. (g) "Powercraft" means any watercraft propelled by machinery, fuel, rockets or similar device. Powercraft subject to the Cleveland Water Traffic Code shall be divided into four classes as follows: Class A with length less than sixteen feet. Class 1 with length sixteen but less than twenty-six feet. Class 2 with length twenty-six but less than forty feet. Class 3 with length forty but not more than sixty-five feet. Powercraft over sixty-five feet in length shall comply with Federal regulations. (h) "Person" includes any individual, firm, partnership, corporation, company, association or body politic, except the United States and the State of Ohio, and includes any agent, trustee, executor, receiver, assignee or other representative thereof. (i) "Owner" includes any person who claims lawful possession of a watercraft by virtue of legal title or equitable interest therein which entitles him to such possession. (j) "Operator" includes any person who navigates, or has under his control, a watercraft, or watercraft and detachable motor on the waters of the City. (k) "Visible" means visible on a dark night with clear atmosphere. (l) "Starboard" means right, and reference is to the right or starboard side of a watercraft when looking forward on such watercraft. (m) "Port" means left, and reference is to the left or port side of a watercraft when looking forward on such watercraft. (n) "Anchorage" means a designated position where vessels or watercraft may anchor or moor. (o) "Aquatic event" means any organized water event of limited duration which is duly sanctioned by the Commanding Officer of the Ninth Coast Guard District at least thirty days prior to the start of such event and includes marine regattas

3 and marine parades, which by their nature, circumstances or location will introduce extra or unusual hazards to the safety of life on navigable waters. (p) "Authorized emergency vessel" means any authorized watercraft, patrolboat of the Cleveland Safety Department, Port Control Department, United States Government, State of Ohio or Cuyahoga County authorized patrol vessels or watercraft, and watercraft when commandeered by Cleveland police officers. (q) "Diver's flag" means a red flag five units of measurement on the hoist by six units of measurement on the fly with a white stripe of one unit crossing the red diagonally with the flag having a stiffener. This flag pertains only to skin and SCUBA (Self Contained Underwater Breathing Apparatus) diving and supplements any nationally recognized diver's flag or marking. (r) "Master" means the captain, skipper, pilot or any person having charge of any vessel or watercraft. (s) "Obstruction" means any vessel or watercraft or any matter which may in any way blockade, interfere with or endanger any vessel or watercraft or impede navigation or which cannot comply with the pilot rules of the Great Lakes. (t) "Oil" means any oil or liquid, whether of animal, vegetable or mineral origin, or a mixture, compound or distillation thereof. (u) "Pier" means any pier, wharf, dock, float, gridiron or other structure to promote the convenient loading or unloading or other discharge of vessels or watercraft, or the repair thereof. (v) "Breakwall" means any construction of stone, steel or other material constructed mainly as a barrier which breaks the force of waves. (w) "Government Breakwall" means the stone breakwall starting from a point north of Gordon Park which supports the lighthouse referred to as the East-Light, extending westerly to a point north of the mouth of the entrance of the Cuyahoga River, starting again at the entrance to the Cleveland Harbor and extending westerly upon which is erected the Cleveland Harbor entrance Lighthouse. Reference shall be made as to the East Government Breakwall and the West Government Breakwall. (x) "Cleveland Harbor" means all water protected by the Government Breakwall. (y) "Restricted area" means an area that has been designated in accordance with and as authorized by the laws or regulations of the City to be used for, or closed to, certain designated purposes, such as swimming, skin diving, skiing, fishing, aquatic events and any other water activities. (z) "Water ski" means all forms, manners, means or contrivances used by persons or persons being towed behind a motorboat or watercraft. (aa) "Coast Guard approved" means bearing an approval number assigned by the United States Coast Guard. (bb) "Wake" means the track, waves, path or disturbance left in the water by a watercraft, either by means of its movement through the water or by its power, exhaust or propeller, whether such watercraft is actually moving or not. (cc) "Boat number" means a series of letters and numerals assigned to the owner by the Ohio Division of Watercraft. The number shall be designated on a certificate of number issued to each boat owner in accordance with a system of numbering which shall be uniform throughout the United States and its territories.

4 (dd) "Water traffic control devices" means all signs, signals and markings, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding marine or water traffic, including no mooring signs or limited docking signs at public piers, wharves, docks, floats, etc. (ee) "Personal flotation device" means a type of device designed as follows: Type Purpose Buoyancy Kilogram s Pound s 1 Turns an unconscious person floating in water from face down position to a vertical or slightly face up position Turns an unconscious person floating in water from face down position to a vertical or slightly face up position Keeps a conscious person in a vertical or slightly face up position Thrown to a person in the water and not worn (Ord. No. 755-A-86. Passed , eff ) Police to Enforce Water Traffic Code The Division of Police shall enforce the provisions of this Water Traffic Code. The Chief of Police shall assign such officers and members of the Division as he may determine necessary who shall be charged with the specific duty of enforcing the provisions of this Water Traffic Code Authority of Police Chief or Officer in Charge of Ports and Harbors Unit The Chief of Police, or the officer in charge of the Ports and Harbors Unit is hereby authorized and empowered to: (a) Make and enforce regulations necessary to make effective the provisions of this Water Traffic Code and to make and enforce temporary regulations to cover emergencies or special conditions. (b) Enforce all pertinent sections of the Ohio Revised Code and Codified Ordinances of Cleveland, and in the exercise thereof, have the authority to stop and board any watercraft for the purpose of inspection and enforcement of such statutes and ordinances Obedience to Order of a Police Officer No person shall refuse to comply with any lawful order, signal or direction of any member of the Division of Police in connection with the operation of watercraft in the waters of Cleveland Release from Arrest on Notice to Appear Whenever any person is arrested for any violation of this Water Traffic Code, the arresting officer may serve upon him a citation and notice to appear in court. The arrested person, in order to secure release and when permitted by the arresting officer, must give his written promise to appear in court, as required by the citation and notice served by the arresting officer. Upon the arrested person's failure or refusal to sign such written promise, he may be taken into custody of such arresting officer and so remain or be placed in confinement. The arrestee's watercraft may be taken into a place of

5 impoundment at the expense of the arrestee Watercraft Number Regulations (a) Every watercraft operated on the waters of the City shall be numbered pursuant to the Ohio State Numbering System, or an approved numbering system of another state, provided such watercraft has not operated in Cleveland in excess of ninety days, or in accordance with Federal law, except: (1) Vessels documented by the U.S. Bureau of Customs. (2) Foreign vessels using City waters temporarily. (3) Watercraft owned by the United States or by a state or political subdivision thereof. (4) Ship's lifeboats. (5) A boat belonging to a class exempted from numbering by the State Division of Watercraft. (b) Each watercraft shall be required to have its own identification number, and the number is not transferable to any other watercraft. The letters and numerals must be in block characters and at least three inches in height. They shall be of a color or substance that contrasts with the background color of the boat and shall provide clear legibility. The numbers and letters shall read from left to right as they appear on the certificate of award, and the letter group shall be separated from the numerals by hyphens or by equivalent spaces. (c) The number shall be displayed on the bow of each side of the watercraft or as close to it as practicable, depending on the design of the watercraft. The original certificate of number award must be available on board the watercraft for inspection at all times when the boat is in use. In addition, the Ohio tags indicating the license year of the number award shall be securely affixed by the owner of such watercraft, prior to operation, to the port and starboard sides six inches toward the stern from the identification number. (d) A dealer's number may be transferred from one watercraft to another in the case of bona fide dealers or manufacturers, and when unsold watercraft are used for demonstration purposes in accordance with provisions of dealer or manufacturer permits. (e) The responsibility of having a watercraft numbered rests upon the person or persons who own the watercraft, and does not include the person or persons who rent or lease the watercraft, or one who holds a mortgage on a watercraft. (f) Each certificate of number shall expire on January 1 of each succeeding year. Application for renewal may be made to any authorized agent of the Division of Watercraft, who shall issue to the applicant a metal or plastic tag with the certificate of number award. (g) The owner of any watercraft already covered by a number in full force and effect which has been awarded to it pursuant to the then operative Federal law of a Federally approved numbering system to another state shall record such number with the Administrator of Watercraft prior to operating the watercraft on the waters of the City in excess of ninety days. (h) Whenever the ownership of a watercraft changes, a new application form together with the prescribed fee shall be filed with the State Division of Watercraft, and a new certificate of number shall be assigned in the same manner as provided for in the original assignment number. (i) The owner shall furnish the Division of Watercraft notice of the transfer of all or any part of his interest other than the creation of a security interest in watercraft in the State, or of the destruction or abandonment of such watercraft, except in

6 the case of a transfer of a part interest which does not affect the owner's right to operate such watercraft, such transfer shall not terminate the certificate of number. (j) Any holder of a certificate of number residing in the City shall notify the City Police Division and the Administrator of the Ohio Division of Watercraft within fifteen days, if his address no longer conforms to the address appearing on the certificate and shall, as a part of such notification, furnish the Administrator and the Police Division with his new address. (k) No person shall use an outboard motor on a watercraft required to be numbered or on a bailed or rented boat, in any waters of Cleveland without first obtaining a detachable outboard motor license from the Administrator of Watercraft or an authorized agent. The metal or plastic license tag bearing the date of the license year for which issued shall be securely attached to the outboard motor for which issued, prior to its operation on any waters of the City Prohibition Against Commercial Fishing (a) No person shall fish commercially within two miles of the shoreline of Lake Erie within the easterly and westerly boundaries of the City of Cleveland. (b) Any person who violates this section is guilty of a misdemeanor of the second degree. (Ord. No A-79. Passed , eff ) Penalty (a) Whoever violates any provision of this Water Traffic Code for which no penalty is otherwise provided is guilty of a minor misdemeanor. Each day's violation shall constitute a separate offense. On each subsequent offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree. (b) Whoever violates Section , , or is guilty of a misdemeanor of the first degree.

7 PART FOUR TRAFFIC CODE Title XI Water Traffic Code Chapter 483 General Provisions CROSS REFERENCES Complete to June 30, 2010 Nuisance investigation and abatement, CO Ch 203 Water Traffic Code penalty, CO Watercraft pound creation authorized, CO Litter in lakes and watercourses, CO Oily refuse discharge prohibited, CO Floating Objects All vessels, watercraft, logs, pilings, building material, scows, houseboats or any other article of value found adrift in Cleveland waters, may be taken in charge by the Chief of Police or officer designated by him and shall be subject to reclamation by the owner thereof, on payment by him to the City of any expense incurred by the City, and in case of failure to reclaim, may be sold or disposed of according to law Safety Devices on Commercial Piers Every owner, agent or lessee having charge of any commercial pier shall furnish and keep for use on such pier at least one serviceable thirty-inch ring life buoy, and one serviceable thirty-inch ring life buoy for every 300 lineal feet of berthing space to each of which shall be attached at least 200 feet of suitable line, one end of which shall be fastened to the ring buoy. Each ring buoy and line attached thereto shall be kept in a suitable box or rack on the pier for the use of the public in case of accident, which box or rack shall be properly labeled and be at all times kept clear of obstructions. No person shall take away, molest, injure or destroy the same except for use in saving life and property Drifting Debris No owner, agent or lessee in charge of any pier shall allow the whole, or any part thereof, to fall into or remain adrift in the navigable City waters or drift away. Fender piles broken or loose, shall be removed by the owner, agent or lessee of any pier, and upon failure to do so, the same may be removed by the City and the expense thereto shall be paid by and recoverable from the owner, agent or lessee of such pier to the City Oil Spillage; Removal and Recovery No owner, master or other person in charge of a watercraft, and no engineer, or other person in charge of any engine room or machinery of any watercraft, and no owner, lessee, agent, employee or other person in charge of or employed in or about any pier, and no person along or upon the shore of any City waters, shall spill, throw, pump or otherwise cause oil of

8 any description to be or float upon the waters of Cleveland. Any person causing oil to be upon the City waters as aforesaid shall remove the same and upon his failure to do so, the same may be removed by the City and the expense thereto shall be paid by and recoverable from the person causing such oil to be upon the water. The payment of such sum, or the maintenance of an action therefor, shall not be deemed to exempt such person from prosecution for causing such oil spillage Nuisances; Abatement Sunken vessels or watercraft, refuse of all kinds, structures or pieces of any structure, dock sweeping, dead fish or parts thereof, dead animals or parts thereof, timber logs, piles, boon sticks, lumber, boxes, empty containers and oil of any kind floating on the water, and all other substances or articles of a similar nature are hereby declared to be public nuisances. No person shall throw or place in or cause or permit to be thrown or placed any of the above named articles or substances in Cleveland waters, or upon the shores thereof or in such position that the same may or can be washed into such waters, either by tides, storms, floods or otherwise. Any person causing or permitting such nuisances to be placed as aforesaid shall remove the same and upon his failure to do so, the same may be removed by the City, and the expense thereof shall be paid by and recoverable from the person creating such nuisance. In all cases such nuisances may be abated in the manner provided by law. The abatement of any such public nuisances shall not excuse the person responsible therefor from prosecution hereunder Prohibited Riding Positions (a) No person operating a watercraft shall allow any person to ride or sit on either the gunwale or the decking over the bow of the watercraft while underway. (b) No occupant of any vessel underway on the waters of Cleveland shall sit, stand or walk upon any portion of the vessel not specifically designed for such movement, except when immediately necessary for the safe and reasonable navigation or operation of the vessel. No operator of a vessel underway on the waters of Cleveland 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. (RC ; Ord. No Passed , eff ) Operating Unsafe Watercraft (a) No person shall operate or cause or knowingly permit to be operated in City waters any watercraft which is in such unsafe condition as to endanger any person or his property. (b) No person shall use or offer for use on the waters of Cleveland any inflatable watercraft made of canvas, rubber, synthetic rubber or vinyl plastic unless such inflatable watercraft is of multiple air cell or compartment construction and is capable of remaining afloat in the event one air cell or compartment is punctured or collapsed Throwing Objects at Watercraft No person shall throw at, or attempt to throw or hit any watercraft with any stone, stick or other missile with intent to injure anyone or damage any property Boat Livery Records; Safety Equipment on Rental or Charter Watercraft (a) The owner or proprietor of a boat livery shall cause to be kept a record of the name and address of the person or persons hiring any watercraft, the identification number of such watercraft, the departure date and time and the date and

9 time of return of such watercraft. Such record shall be preserved for not less than six months after the departure date of such watercraft and shall be kept available for inspection by any duly authorized agency or authority. Prior to departure from the premises of such boat livery any such watercraft shall carry the equipment required by this Water Traffic Code. (b) No person who lets watercraft for hire, or the agent or employee thereof, shall rent, lease, charter or otherwise permit the use of any watercraft, unless such person provides the watercraft with the equipment required by this Water Traffic Code, RC Chapter 1547 and rules issued pursuant thereto Aquatic Events Any yacht club, boat club or other organization shall notify the Police Division, in addition to the United States Coast Guard authorities, at least thirty days in advance of any proposed boat race, regatta, ski exhibition or aquatic event which will take place in City waters and which might in any way interfere with the normal use of such waters by other persons or watercraft Watercraft Abandonment; Impounding, Redemption and Disposal (a) No person shall abandon any watercraft at any time on the waters of the City. (b) Any watercraft or outboard motor found unattended in a sunken, beached or drifting condition shall be deemed abandoned by the owner. In the interest of public safety such watercraft or outboard motor may be removed and impounded for safekeeping and disposal in accordance with the provisions of subsections (c) to (f) hereof. (c) Such watercraft or outboard motor may be impounded by any member of the Police Division having jurisdiction in the area where such watercraft or outboard motor is found. (d) The owner of such impounded watercraft or outboard motor, if known or can be found, shall be notified and the owner shall be permitted to redeem such watercraft or outboard motor by payment of a storage fee not to exceed three dollars ($3.00) per day plus the actual towing cost of the watercraft, not to exceed ten dollars ($10.00). (e) When the owner of such watercraft or outboard motor cannot be found, the impounded watercraft or outboard motor shall be held at a place of safe keeping for a period of not less than ninety days nor more than six months. (f) Any watercraft or outboard motor unclaimed by the owner within such ninety day period shall be disposed of by destroying the same or by offering such watercraft or outboard motor for sale at public auction Going on Ice Prohibited; Exception No person shall go upon the ice of the navigable waterways of the City, except where such ice has been declared safe by the Chief of Police or the officer in charge of the Ports and Harbors Unit.

10 PART FOUR TRAFFIC CODE Title XI Water Traffic Code Chapter 485 Watercraft Operation CROSS REFERENCES Complete to June 30, 2010 Operation regulations, RC et seq. Water skiing regulations, RC et seq. Water Traffic Code definitions, CO Ch 481 Prohibited riding positions, CO Operating unsafe watercraft, CO Vehicular homicide, CO Rules of the Road The following rules for preventing collisions shall be followed in the navigation of all public and private watercraft operating upon the waters of Cleveland. (a) Every watercraft which is under way propelled by sail alone shall be considered a sailboat. Every watercraft which is under way propelled by sail and machinery shall be considered a powercraft. Every watercraft shall be considered under way when it is not at anchor or made fast to the shore or aground. In addition to any other situation, risk of collision shall be determined to exist whenever the compass bearing of the approaching watercraft remains substantially the same. (b) When two sailboats are approaching one another so as to involve the risk of collision, one of them shall keep out of the way of the other, as follows, namely: (1) When one sailboat has the wind on the port side and the other has the wind on the starboard side, the sailboat with the wind of the port side shall keep out of the way of the sailboat with the wind on the starboard side. (2) When both sailboats have the wind on the same side, the sailboat which is to the windward shall keep out of the way of the sailboat which is to leeward. (3) When a sailboat with the wind on the port side sees a sailboat to windward and cannot determine with certainty whether the other sailboat has the wind on the port or the starboard side, it shall keep out of the way of the other sailboat. (c) When two powercraft are meeting on reciprocal or nearly reciprocal courses, so as to involve the risk of collision, each shall alter its course to starboard, so that each shall pass on the port side of the other. (d) When two powercraft are crossing at right angles or obliquely, so as to involve the risk of collision, the powercraft which has the other on its own starboard side shall keep out of the way and shall, if possible, avoid crossing ahead of the other.

11 (e) When a powercraft and a sailboat are proceeding in such directions as to involve the risk of collision, the powercraft shall yield the right of way to the sailboat, except when the sailboat is overtaking the powercraft. (f) Every watercraft which is directed by these rules to yield the right of way to another watercraft shall, on approaching such other watercraft, if necessary, slacken its speed, stop, reverse or alter course. Where, by any of the rules prescribed in the Water Traffic Code, or RC Chapter 1547, one of two watercraft shall yield the right of way, the other shall keep its course and speed. (g) Notwithstanding anything contained in this section, every watercraft overtaking another shall yield the right of way to the overtaken watercraft. Every watercraft coming up with another watercraft from any direction more than twenty-two and one-half degrees abaft the other's beam, that is, as such a position with reference to the watercraft which it is overtaking that at night it would be unable to see either of the other's side or combination bow lights, is an overtaking watercraft; and no subsequent alteration of bearing between the two watercraft shall make the overtaking watercraft a crossing watercraft within the meaning of this section, or relieve it of the duty of keeping clear of the overtaken watercraft until it is finally passed and clear. If the overtaking watercraft is in doubt as to whether it is forward of or abaft this direction from the other watercraft, it should assume that it is an overtaking watercraft and yield the right of way. (h) In rivers and streams or other areas in which there is a water current, the descending watercraft shall have the right of way over a watercraft which is ascending. (i) When a powercraft and a rowboat are proceeding in such direction as to involve the risk of collision, such powercraft shall yield the right of way to such rowboat. (j) Watercraft leaving a dock, boat slip or tie-up space shall yield the right of way to all watercraft approaching such dock, boat slip or tie-up space. (k) At all times the operator of a watercraft shall maintain a proper lookout required by the ordinary practice of seamen and by the special circumstances of the case. (l) In obeying and construing this section, due regard shall be had to all dangers of navigation and collision and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger. (Ord. No. 755-A-86. Passed , eff ) Reckless Operation; Speed No person shall operate a watercraft or manipulate any water skis, aquaplane or similar device in a reckless manner or carelessly or heedlessly, or at a speed greater or less than is reasonable or proper, having due regard to other watercraft, waves, weather and wind and any other condition then existing, or at a speed to cause a wake so as to endanger any person, swimmer or property of a person, having due regard to the presence of other watercraft, or persons or other subjects in or on the waters of Cleveland, or in disregard of the rights or safety of any person, watercraft or property, or without due caution. (Ord. No Passed , eff ) Operating Under Influence of Alcohol or Drugs Prohibited; Evidence (a) No person shall operate, be in physical control of any vessel underway or manipulate any water skis, aquaplane or similar device upon the waters of this City, if any of the following apply: (1) The person is under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse; (2) The person has a concentration of ten-hundredths of one percent (0.10%) or more by weight of alcohol in his blood;

12 (3) The person has a concentration of fourteen-hundredths (0.14) of one gram or more by weight of alcohol per 100 milliliters of his urine; (4) The person has a concentration of ten hundredths (0.10) of one gram or more by weight of alcohol per 210 liters of his breath. (b) In any criminal prosecution for a violation of this section, the court may admit evidence on the concentration of alcohol or a drug of abuse in the defendant's blood, urine or breath at the time of the alleged violation as shown by chemical analysis of the defendant's blood, urine or breath, taken within two hours of the time of the alleged violation. When a person submits to a blood test, only a physician, registered nurse or qualified technician or chemist shall withdraw blood for the purpose of determining its alcohol or drug of abuse content. This limitation does not apply to the taking of breath or urine specimens. A physician, registered nurse or qualified technician or chemist may refuse to withdraw blood for the purpose of determining its alcohol or drug of abuse content if in his opinion the physical welfare of the person would be endangered by the withdrawing of blood. The blood, urine or breath shall be analyzed in accordance with methods approved by the Ohio Director of Health by an individual possessing a valid permit issued by the Director of Health pursuant to RC If there was at the time the blood, urine or breath was taken a concentration of less than ten-hundredths of one percent (0.10%) by weight of alcohol in the defendant's blood, less than fourteen hundredths (0.14) of one gram by weight of alcohol per 100 milliliters of his urine, or less than ten hundredths (0.10) of one gram by weight of alcohol per 210 liters of his breath, such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. Upon the request of the person who was tested, the results of the test shall be made available to him, his attorney or agent immediately upon the completion of the test analysis. The person tested may have a physician, registered nurse or qualified technician or chemist of his 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. A physician, registered nurse or qualified technician or chemist 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 liability, and from civil liability that is based upon a claim of assault and battery or based upon any other claim that is not in the nature of a claim of malpractice, for any act performed in withdrawing blood from the person. (RC ; Ord. No Passed , eff ) Prima-Facie Evidence of Operation Under the Influence In any hearing in the Municipal Court of Cleveland on a charge of operating a watercraft under the influence of alcohol or any drug of abuse, testimony that a watercraft bearing a certain number award was found to be in violation hereunder and further testimony that the records of the State show that such number award was issued to the defendant and further testimony that the defendant was found on the watercraft or immediate vicinity when the violation occurred, shall be prima-facie evidence of unlawful operation of such watercraft by the defendant. A certified copy showing such facts from the State Division of Watercraft shall be proof of such ownership.

13 Following Too Closely The operator of a watercraft shall not follow another watercraft more closely than is reasonable and prudent, having due regard to the speed of such watercraft and other marine traffic in the immediate vicinity Emerging from Harbor, Basin, River into Open Water The operator of a watercraft emerging from a boat club basin, boat club harbor or any other enclosure, or from behind a breakwall, pier or other obstruction either permanent or temporary or from a river shall, before entering open water, slow such watercraft to a speed slow enough to enable him to observe marine traffic in such open water, and shall yield the right of way to such other marine traffic so that he may safely enter such open water without hindrance to other watercraft already in such open water Interference to Navigation; Watercraft Pound No person shall operate any watercraft or vessel in a manner which will unreasonably or unnecessarily interfere with other watercraft or vessels or with the free and proper navigation of the waterways of the City. Anchoring or mooring under bridges or in a heavily traveled channel, or in a Coast Guard established Safety Zone or in an area covered by Special Local Regulations established by the U.S. Coast Guard, shall constitute such interference if unreasonable under the prevailing circumstances. The Director of Public Safety is hereby authorized to create a watercraft pound to which watercraft may be removed by police officers. (Ord. No Passed , eff ) Overloading No watercraft shall be loaded with passengers or cargo beyond its safe carrying capacity, nor carry passengers in an unsafe manner, taking into consideration weather and other existing operating conditions Reporting a Collision or Accident (a) The operator of a vessel involved in a collision, accident or other casualty, so far as he can do so without serious danger to his own vessel, crew and passengers, shall render to other persons affected by the collision, accident or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident or other casualty, and also shall give his name, address and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident or other casualty, or to any person who requests such information. Any person who renders assistance at the scene of a collision, accident, or other casualty involving a vessel is not liable in a civil action for damages or injury to persons or property resulting from any act or omission in rendering assistance or in providing or arranging salvage, towage, medical treatment, or other assistance except that the person is liable for willful or wanton misconduct in rendering assistance. Nothing in this section precludes recovery from any tortfeasor causing a collision, accident, or other casualty, of damages caused or aggravated by the rendering of assistance. (b) In the case of collision, accident or other casualty involving a vessel, the operator thereof, if the collision, accident or other casualty results in loss of life, personal injury requiring medical treatment beyond first aid, or damage to property in excess of two hundred dollars ($200.00), shall file with the Police Division a full description of such collision, accident or other casualty, within twenty-four hours, on such form as may be prescribed.

14 (c) If the vessel operator involved in a collision, accident or other casualty is incapacitated, the investigating police officer shall file the required form. (RC ; Ord. No Passed , eff ) Exemptions to Emergency Watercraft (a) The provisions of this chapter regulating the operation of watercraft shall apply to authorized emergency watercraft, except that an operator of such emergency watercraft in an emergency may: (1) Exceed the prima-facie speed limits so long as he operates with due regard for the safety of all persons in the area and sounds audible signals by bell, siren or exhaust whistle. (2) Anchor, stop, moor, dock or dive, notwithstanding the provision of this section. (b) The provisions of this chapter shall not apply to persons, barges, derricks, tugs, work watercraft and other equipment while actually engaged in work within an area designated by the Director of Port Control of the City or other State and Federal government agencies Obedience to Federal and State Marine Rules of the Road The operator, owner or person in charge of a watercraft in the waters of Cleveland shall obey the rules of the road as promulgated by the United States Coast Guard in the Department of Treasury and all laws approved by the State General Assembly for the Division of Watercraft, Department of Natural Resources Anchoring No person shall anchor a watercraft for fishing, or anchor or stop or allow a watercraft to drift for any purpose other than an emergency in any City waters in such a position as to obstruct a passageway or channel ordinarily used by other watercraft, which also includes entrances and channels into yacht club and marina harbors. No person shall anchor or allow a watercraft to drift or obstruct marine traffic in the Cuyahoga River, or at the mouth of the Cuyahoga River, or in the channel entrance to the Cleveland Harbor or in the shipping channel at the East Light where such anchoring or drifting would hinder commercial and other watercraft from safe and proper use of such channels. No person shall moor or anchor any watercraft in a designated speed zone or water ski zone Mooring to Piers or Docks No person shall moor or tie a watercraft to any public pier, public wharf or public dock when such pier, wharf or dock has been posted by signs erected by Federal, State or City officials assigned to the Department of Port Control, prohibiting such mooring. No person shall moor or tie to any such pier, dock or wharf in excess of a time limit stipulated by such signs Interference, Tampering or Mooring to Navigation Aids (a) No person shall without lawful authority climb on, swim and hang on, dive off, tie a watercraft to or attempt to tie a watercraft to, injure, sink, disconnect from its anchor, damage, deface or interfere with any buoy or other aid to navigation which is placed, anchored or erected by the United States Coast Guard, State or City. (b) No person shall knowingly damage, remove or tamper with any signal, buoy or other aid to navigation.

15 (c) No person, unless in distress and no other watercraft or vessel is endangered thereby, shall moor to, anchor to or tie up to any marker, aid, buoy, light or other aid to navigation. (d) No person shall purposely sever the mooring lines, set adrift, injure or damage in any manner any watercraft which is moored, docked, buoyed or tied up on the waters of Cleveland Prima-Facie Evidence of Unlawful Anchoring, Mooring or Tying In any hearing of the Municipal Court on a charge of unlawful anchoring, mooring or tying of watercraft, testimony that a watercraft bearing a certain number award was found to be unlawfully anchored, moored or tied in violation of any of the provisions of this Water Traffic Code, and further testimony that the records of the Administrator of the State Division of Watercraft show that such number award was issued to the defendant, shall be prima-facie evidence that the watercraft which was so anchored, moored or tied was operated by the defendant at the time of the violation. A certified copy showing such fact of registration from the State Division of Watercraft shall be proof of such ownership Launching Ramps No person shall use a public launching ramp in the City for any other purpose than to launch a watercraft and shall do so as expeditiously as possible without prejudice to other person or persons waiting to use such ramp. No person shall use a ramp for the purpose of repairing a watercraft or its engine or refuse to move a watercraft or trailer when ordered by a police officer or person designated to supervise the proper use of such public launching ramps Renting Watercraft to Intoxicated Persons No person shall let, loan or rent, with or without hire, any watercraft to any person who is under the influence of alcohol or any drug of abuse, or who, by reason of having been drinking any alcohol or using drugs, may be incompetent to take charge of the management of a watercraft Renting Watercraft to Persons Under Sixteen No person shall let, loan or rent with or without hire, any watercraft to any person under sixteen years of age. However, any person may let, loan or rent a watercraft to persons under sixteen years of age, when accompanied in the use of such watercraft by a competent person over sixteen to take charge of and manage the same. This section does not apply to regular training programs conducted by competent instructors, Sea Scout groups or persons under the jurisdiction of their parents or guardians Child Operators; Supervising Person; Incapacity of Operator (a) Except as otherwise provided in this division, no person under sixteen years of age shall operate a personal watercraft on the waters in this state. A person who is not less than twelve, nor more than fifteen years of age may operate a personal watercraft if a supervising person eighteen years of age or older is aboard the personal watercraft and, in the case of a supervising person born on or after January 1, 1982, if the supervising person holds a certificate obtained under Section of the Revised Code or, in the case of a rented powercraft, meets the requirements of Section of the Revised Code. (b) No person under twelve years of age shall operate any vessel on the waters in this state unless the person is under the direct visual and audible supervision, during the operation, of a person who is eighteen years of age or older. This division

16 does not apply to a personal watercraft, which shall be governed by division (a) of this section, or to a powercraft, other than a personal watercraft, powered by more than ten horsepower, which shall be governed by division (c) of this section. (c) No person under twelve years of age shall operate on the waters in this state a powercraft, other than a personal watercraft, powered by more than ten horsepower unless the person is under the direct visual and audible supervision, during the operation, of a person eighteen 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 of the Revised Code or, in the case of a rented powercraft, meets the requirements of Section of the Revised Code. (d) No supervising person eighteen 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 waters in this state to violate any section of this chapter or a rule adopted under it. (RC ) (e) No owner of any watercraft or any person having such in charge or in control shall authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disability is incapable of operating such watercraft under the prevailing circumstances. (f) No person shall operate any watercraft when mentally or physically incapacitated so as to prevent operation in a safe and competent manner. (Ord. No Passed , eff ) Water Skiing (a) No person shall operate a watercraft and tow or otherwise assist a person, nor shall any such person be on water skis, aquaplane, surfboard or similar contrivance in Cleveland waters unless such watercraft is occupied by at least two competent persons: one who shall be the operator to observe the traffic pattern toward which such watercraft is approaching and one who shall be the observer to observe the progress of the person being towed, provided that this section does not apply to watercraft used in duly authorized ski exhibitions, tournaments or other aquatic events. (b) No person shall water ski or tow or otherwise assist anyone on water skis, aquaplane, surfboard or similar contrivance in the following waters or circumstances: (1) Within 200 feet from shore or any other permanent or temporary obstruction, pier, breakwall, boat or yacht club entrance, swimming beach, anchored watercraft or any other watercraft when such skiing would constitute a hazard to life or property. However, this subsection does not apply to watercraft used in duly authorized ski exhibitions, tournaments or other aquatic events; (2) From sunset to sunrise, provided that this subsection does not apply to watercraft used in duly authorized ski exhibitions, tournaments or other aquatic events; (3) In a reckless or dangerous manner or when more than two persons are being towed simultaneously by the same watercraft. Any person on water skis, aquaplane, surfboard or similar contrivance shall conduct himself upon the same in a careful and prudent manner and shall remain at all times a reasonable and prudent distance from the person and property of others, provided that this subsection does not apply to watercraft used in duly authorized ski exhibitions, tournaments or other aquatic events; (4) Unless such person being towed is wearing an adequate and effective Coast Guard approved Type 1, 2 or 3 personal flotation device, provided that this subsection does not apply to watercraft used in duly authorized ski exhibitions, tournaments or other aquatic events authorized by special permit. A watercraft operator towing a person not wearing a personal flotation device as prescribed in this section shall be deemed in violation of this section. All personal flotation devices shall be in good and serviceable condition and of appropriate size.

17 (c) No person shall install or maintain any structure or inclined platform known as a water ski jump on the waters of Cleveland, and no person shall use such structure or platform for water ski jumping, except upon special permit Swimming Swimming in Cleveland waters shall be confined to restricted swimming areas or to within a distance of fifty feet from the shore or pier not within any channel or passageway ordinarily used by watercraft. Swimming may be permitted in other areas when the swimmer is accompanied by an occupied watercraft and swims within a distance of fifty feet of such accompanying watercraft. No person shall swim or act in such a manner as to endanger his life or so as to cause injury to another person while swimming in the Cleveland waters. The operator of any watercraft shall yield the right of way to a swimmer at all times. Swimming shall be prohibited at the Cleveland Electric Illuminating Company and the Municipal Light and Water Plant intakes and water outlets or along the breakwall adjoining the same or in other areas when signs are posted prohibiting swimming Skin Diving and SCUBA Diving Skin diving in Cleveland waters shall be confined to restricted swimming areas or to within a distance of fifty feet from the shore or pier not within any channel or passageway ordinarily used by watercraft. Skin diving and SCUBA diving may be permitted in other areas when such diver is accompanied by an occupied watercraft and the area in which he is diving is marked by an adequately displayed diver's flag. It shall be a violation for such diver to surface further than fifty feet of such diver's flag. The diver's flag referred to shall be such as described in Section (q).