CROSS REFERENCES
Port Commission — See ADM. Art. 153.
[Ord. 47-1958 § 4, passed 6-10-1958]
The following statutes and regulations issued under the authority
thereof are adopted as standards of safe operation, rules of traffic
and standards of safe equipment and maintenance. The violation thereof
or the failure to conform therewith shall be considered as prima-facie
evidence of the violation of the provisions of this article regulating
the safety of operation, equipment and maintenance of boats, punishable
in accordance with the provisions hereof.
(a)
An Act to Regulate Navigation on the Great Lakes, Feb. 8, 1895, as
amended, 33 U.S. Code 241-294.
(b)
The Motor Boat Act of April 25, 1940, as amended, 46 U.S. Code 526.
(c)
Pilot Rules for the Great Lakes, issued by U.S. Coast Guard July
1, 1957, CG-172 and any supplement, amendment or addition thereto.
(d)
Rules and Regulations for Uninspected Vessels, issued by the U.S.
Coast Guard, July 1, 1953, CG-258 and any supplement, amendment or
addition thereto.
(e)
Rules and Regulations for Numbering Undocumented Vessels, issued
by the U.S. Coast Guard, January 15, 1953, CG-267, and any supplement,
amendment or addition thereto.
[Ord. 47-1958 § 4, passed 6-10-1958]
When any provisions of this Title are found to be in conflict
with any Federal statute or regulations issued pursuant thereto, or
any statutes of the Commonwealth or regulations issued pursuant thereto,
such Federal or State statute or regulation shall prevail, but the
remaining provisions of this Title shall not be affected. When any
provision of this Title shall be found unconstitutional or beyond
the powers of the City, it is the intention of Council that the remainder
of this Title shall not be affected thereby.
[Ord. 47-1958 § 4, passed 6-10-1958]
Prosecution and/or conviction of any offense under Federal law
or regulation shall not bar any prosecution or conviction for any
similar or related offense punishable under the terms of this Title.
[Ord. 47-1958 § 5, passed 6-10-1958]
(a)
Standard of safe speed. Every operator of a boat shall operate the
same at all times in a careful and prudent manner and at such rate
of speed as not to endanger the life, limb or property of any person,
either by direct contact therewith, by action taken to avoid the change
of same or by reason of the wash of the wave of same.
(b)
Assured clear distance. No person shall operate any boat at a rate
of speed greater than will permit him in the exercise of reasonable
care to bring the boat to a stop within the assured clear distance
ahead.
(c)
Limitation within U.S. harbor line. No boat shall be operated at
a speed in excess of five miles per hour within the area bounded on
the west by the west line of Cascade Street, on the east by the breakwater
connecting the mainland of the City to the Channel Pier between the
U.S. Harbor line on the north and the shore line on the south.
(d)
Limitation in canal basins and near shore. No boat shall be operated
at a speed in excess of three miles per hour in the East and West
Canal Basins and also in any other area within 300 feet of the shore
line of the City.
[Ord. 47-1958 § 3, passed 6-10-1958]
No person shall operate a boat in a reckless manner or at an
excessive rate of speed or so loaded as to endanger or be likely to
endanger the life or property of any person, having due regard for
the presence of other boats or persons, or other objects in or on
a waterway or the shores, piers, docks, wharves, seawalls adjacent
thereto or to boats moored in such waterways or structures adjacent
thereto, having due regard to the weather or other conditions existing
at such time.
[Ord. 47-1958 § 3, passed 6-10-1958]
No person shall operate a boat while under the influence of
intoxicating liquors or drugs.
[Ord. 47-1958 § 6, passed 6-10-1958]
No person shall operate any boat with an inboard or outboard
motor in operation at the time within 500 feet of any shore or beach
which is clearly marked by signs, buoys or some other distinguishing
device as a bathing or swimming area.
[Ord. 47-1958 § 6, passed 6-10-1958]
No person shall operate a boat with inboard or outboard motor
unless the same is equipped with an adequate muffled exhaust.
[Ord. 47-1958 § 6, passed 6-10-1958]
No person shall operate any siren, bell, whistle, horn or other
noise-producing or amplifying device or instrument on a boat in such
manner that the peace and good order of the area is disturbed, except
for such use or operation as is required by Federal laws or regulations
for the safe operation or navigation of vessels.
[Ord. 47-1958 § 6, passed 6-10-1958]
No person using a boat shall use the searchlights or spotlights
indiscriminately or in such manner as to disturb the peace and good
order of other boats or persons in the area.
[Ord. 47-1958 § 6, passed 6-10-1958]
No person shall operate a boat in any manner as to unjustifiably
or unnecessarily annoy or frighten or endanger the occupants of any
other boat or any other person in the vicinity.
[Ord. 47-1958 § 6, passed 6-10-1958]
No person shall moor, tie to or anchor any boat in any recognized
passageway or channel, or to any channel marker or buoy, or otherwise
interfere with the full use of such passageways or channels by others,
nor shall any person moor a boat to a private dock or pier without
permission. No boat shall be moored or anchored at the site of any
construction work, or construction, repair or dredging equipment.
[Ord. 47-1958 § 6, passed 6-10-1958]
No boat having an overall length in excess of 100 feet, or a
gross tonnage in excess of 50 tons, shall anchor within 500 feet of
either side of the line of the City water intake pipes or the City
outfall sewer as such are designated on U.S. Corps of Engineers charts
at Presque Isle Bay, and as designated by marking buoys, or at such
greater distances as may be ordered by the Harbormaster as temporary
or emergency conditions may require for the protection of the health
and safety of the citizens of the City.
[Ord. 47-1958 § 6, passed 6-10-1958]
No person shall operate any boat pulling or hauling surfboards,
water skis or any similar devices unless there is an additional person
aboard such boat who will direct his attention to the assurances of
the safe operation of such devices at all times, both with regard
to the safety of persons using such devices and the safety of other
persons or boats in the vicinity of same.
[Ord. 47-1958 § 6, passed 6-10-1958]
No person shall use an inflated raft or inner tube in any area
where boats with inboard or outboard motors are permitted to operate.
[Ord. 47-1958 § 6, passed 6-10-1958]
Every boat in a waterway which is abandoned, which becomes a
menace in navigation, is unseaworthy or sinks, grounds or becomes
otherwise disabled, is declared to be a nuisance, and the person in
charge thereof or the owner thereof shall abolish such nuisance within
five days' after notice from the Harbormaster.
[Ord. 47-1958 § 6, passed 6-10-1958]
Any boat, vessel or barge, whether loaded or empty, which carries,
has carried or is designed for the carriage of flammable, volatile
or explosive materials, except for its own fuel, shall not be docked
or moored at any dock, wharf, pier or mooring area owned by the City
until written permission has been secured from the Harbormaster, and
shall be thereafter docked or moored strictly in accordance with the
terms of such permission. The Port Commission is authorized to make
such additional regulations controlling the docking, mooring or anchoring
of vessels carrying or designed to carry flammable, volatile or explosive
substances at any point in waters under the jurisdiction of the City,
as may be necessary to protect the lives and property of the citizens
of the City.
