[Ord. 47-1958 § 2, passed 6-10-1958]
FOR THE PURPOSE OF THIS TITLE NINE
Boat Control, the following terms, phrases, words and their
derivations shall have the meanings given herein. When not inconsistent
with the context, words used in the present tense include the future,
words in the plural number include the singular and words in the singular
number include the plural number. The word "shall" is always mandatory
and never directory.
(a) BOAT — Any watercraft, including seaplanes when not airborne,
in or upon, or docked or moored at any place in any waterway, or beached
or stored at any landing area or launching ramp within the City, the
waters over which the City has jurisdiction or otherwise owns or controls,
with the beach or shoreline adjacent thereto.
(b) MOTORBOAT — A boat with any mechanical source of motor power,
either inboard or outboard.
(c) WATERWAY — Any waters, waterway, lake, river, creek, canal,
lagoon, mooring basin or connecting waters within the City or over
which the City has jurisdiction.
(d) TITLE — Ordinance 47-1958, passed June 10, 1958, codified herein
as Title Nine - Boat Control.
[Ord. 47-1958 § 11, passed 6-10-1958]
The Harbormaster of the City or any police officer of the City
that may be assigned to such duty by the Chief of Police as a deputy
Harbormaster, or any legally authorized deputy Harbormaster, is authorized
and empowered to enforce the provisions of this Title. For this purpose,
such officers shall have authority to board any boat moored in violation
of this Title and/or to board any vessel operated or equipped in violation
of the provisions of this Title. Such officers shall be authorized
to moor or cause to be moored in another location any vessel moored
in violation of this article.
[Ord. 47-1958 § 11, passed 6-10-1958]
Nothing herein contained shall be deemed to prevent or prohibit
any citizen from making sworn information before any magistrate or
alderman of the City charging violation of the provisions of this
Title which he has witnessed.
[Ord. 47-1958 § 11, passed 6-10-1958]
The Harbormaster of the City or his legally authorized deputy
is further authorized to make such information or charge of violations
of regulations of the U.S. Coast Guard as he may be authorized to
do by Federal statute or Coast Guard regulations.
[Ord. 47-1958 § 10, passed 6-10-1958]
The Port Commission is authorized to make such regulations in
conformity with the provisions of this Title as may be necessary to
the proper enforcement hereof. Such regulations shall be transmitted
to Council for its approval and, as approved, shall be advertised
as is required by law for ordinances imposing a penalty for violations.
Such regulations shall be posted in summary form at such wharves,
docks, piers, mooring areas, landing areas or launching areas as are
under the jurisdiction of the Commission or at such areas to which
they apply. When so adopted, approved, advertised and posted, such
regulations shall have the same force and effect as this Title and
the violations thereof shall be prosecuted and the penalty imposed
as are provided by this article.
[Ord. 47-1958 § 9, passed 6-10-1958]
Nothing herein shall be deemed to apply to the operation of
boats in a publicly announced, regularly scheduled race, speed test,
regatta or exhibition, in an area or course that is clearly and properly
marked and adequately patrolled. Nothing herein shall be deemed to
apply to such action as is reasonably necessary to protect persons
and property from injury or damage in an emergency which threatens
the same.
[Ord. 47-1958 § 12, passed 6-10-1958]
Whoever violates any provision of this Title or regulations
legally promulgated under the authority of this Title, upon prosecution
before any magistrate or alderman of the City shall be fined not less
than $10, nor more than $300, together with cost of prosecution, or
in default of payment of same to undergo imprisonment not to exceed
90 days.