[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.
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:
A.
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.
B.
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:
A.
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);
B.
At a speed in excess of six miles per hour; or
C.
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.
D.
Without the proper safety equipment included in the vessel, including
life safety devices.
