[HISTORY: Adopted by the Township Committee of the Township of Middletown 9-9-1985 by Ord. No. 1054 (Ch. 78 of the 1996 Township Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A permanently installed fuel-consuming mechanism by which the vessel is or may be propelled, and a detachable or outboard motor, including an electrical outboard motor.
- Every person having the charge, control, operation or direction of any power vessel.
- POWER VESSEL
- A vessel temporarily or permanently equipped with a motor and shall not be deemed to include a vessel propelled wholly by sails or by muscular power.
All boats or vessels propelled in whole or in part by gas, gasoline or naphtha burned or consumed in an engine exceeding 10 horsepower, while being operated, driven or propelled on any of the waterways lying within this state forming a boundary of the Township, shall be equipped and provided with efficient underwater exhaust or muffler, so constructed and used to muffle, in a reasonable manner and to a reasonable extent, the noise of explosion.
It shall be unlawful for the driver of any boat or vessel or any occupant thereof to operate the cutout or opening of any muffler upon the engine of any boat or vessel while standing or being operated, driven or propelled on any of the thoroughfares or waterways lying within this state forming a boundary of the Township.
It shall be unlawful for the operator of a power vessel on Compton's Creek in the Township to operate such vessel as follows:
Speed limit. No motorboat or other craft propelled by motor power shall be operated on or through the waters of Compton's Creek, within the limits of the Township, at a greater rate of speed than eight miles an hour.
Reckless operation. No person shall operate any such boat or craft carelessly, negligently and heedlessly in willful or wanton disregard of the rights or safety of others using the waters of said Compton's Creek, or without care, caution and circumspection, and at a rate of speed or in a manner so as to endanger, harm or be likely to endanger and harm any person or property, real or personal, and any person operating any such boat or craft in violation of this subsection shall be guilty of reckless operation of such boat or craft.
It shall be unlawful for the operator of a power vessel on Shadow Lake in the Township to operate such vessel as follows:
With a motor having more than five horsepower (the horsepower certified or otherwise stated by the manufacturer of the motor shall be prima facie evidence of the horsepower of the motor);
At a speed in excess of six miles per hour; or
In a reckless or careless manner, which shall include operating a power vessel in a manner which unnecessarily interferes with the free and proper use of the waters or unnecessarily endangers other craft therein or the life or limb of any person upon any craft or in the water.
Without the proper safety equipment included in the vessel, including life safety devices.