City of Erie, PA
Erie County
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Table of Contents
Table of Contents
CROSS REFERENCES
Wharves and docks — See 3rd Class § 3 901 et seq. (53 P.S. § 38901 et seq.).
Port Commission — See ADM. Art. 153.
[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.