Township of Grosse Ile, MI
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Board of the Township of Grosse Ile 4-27-1998 by Ord. No. 248. Amendments noted where applicable.]
GENERAL REFERENCES
Fishing and recreational activities — See Ch. 113.
153a Figure 2 Conditions Requiring Fire Exting
As used in this chapter, the following terms shall have the meanings indicated:
ANCHORED RAFTS
All types of nonpowered rafts used for recreation purposes that are anchored seasonally on waters of the State of Michigan or Township of Grosse Ile.
ASSOCIATED EQUIPMENT
Any of the following that are not radio equipment:
A. 
An original system, part, or component of a boat at the time that boat was manufactured, or a similar part or component manufactured or sold for replacement.
B. 
Repair or improvement of an original or replacement system, part or component.
C. 
An accessory or equipment for, or appurtenance to, a boat.
D. 
A marine safety article, accessory, or equipment intended for use by a person on board a boat.
BOAT
A vessel.
BOAT LIVERY
A business that holds a vessel for renting, leasing or chartering.
CONTROLLED SUBSTANCE
That term as defined in Section 7104 of the Public Health Code, Act No. 368 of the Public Acts of 1978, being MCL § 333.7104.
CONVICTION
A final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, a finding of guilt, or a probate court disposition on a violation of this chapter, regardless of whether the penalty is rebated or suspended.
DEALER
A person and an authorized representative of that person who annually purchases from a manufacturer, or who is engaged in selling or manufacturing, six or more vessels that require certificates of number under this chapter or as required by state law.
IDENTIFICATION DOCUMENT
Any of the following:
A. 
A valid Michigan operator's or chauffeur's license.
B. 
A valid driver's or chauffeur's license issued by an agency, department, or bureau of the United States or another state.
C. 
An official identification card issued by an agency, department, or bureau of the United States, the State of Michigan or another state.
D. 
An official identification card issued by a political subdivision of the State of Michigan or another state.
ISSUING AUTHORITY
The United States Coast Guard or a state that has a numbering system approved by the United States Coast Guard.
LAW OF ANOTHER STATE
A law or ordinance enacted by another state or by a local unit of government in another state.
LIFEBOAT
A small boat designated and used solely for lifesaving purposes, and does not include a dinghy, tender, speedboat, or other type of craft that is not carried aboard a vessel for lifesaving purposes.
LONG-TERM INCAPACITATING INJURY
An injury that causes serious impairment of a body function.
MANUFACTURER
A person engaged in any of the following:
A. 
The manufacture, construction, or assembly of boats or associated equipment.
B. 
The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly.
C. 
The importation of a boat or associated equipment into the State of Michigan for sale.
MARINE LAW
This chapter, Section 324.80101 et seq. (Part 801) of the Michigan Administrative Code (MAC), or a rule adopted under the Michigan Administrative Code which is incorporated herein by reference.
MARINE SAFETY ACT
Former Act No. 303 of the Public Acts of 1967.
MARINE SAFETY PROGRAM
Marine law enforcement, search and rescue operations, water safety education, recovery of drowned bodies, and boat livery inspections.
MICHIGAN VEHICLE CODE
Act No. 300 of the Public Acts of 1949, being MCL §§ 257.1 to 257.923.
MOTORBOAT
A vessel propelled wholly or in part by machinery.
OPERATE
To be in control of a vessel while the vessel is under way and is not secured in some manner such as being docked or at anchor.
OPERATOR
The person who is in control or in charge of a vessel while the vessel is under way and is not secured in some manner such as being docked or at anchor.
OWNER
A person who claims or is entitled to lawful possession of a vessel by virtue of that person's legal title or equitable interest in a vessel.
PASSENGER
A person carried on board a vessel other than any of the following:
A. 
The owner or his or her representative.
B. 
The operator.
PEACE OFFICER
Any of the following:
A. 
A sheriff.
B. 
A sheriff's deputy.
C. 
A deputy who is authorized by a sheriff to enforce this chapter, the Marine Law or Marine Safety Act and who has satisfactorily completed at least 40 hours of law enforcement training, including training specific to this chapter.
D. 
A village or township marshal.
E. 
An officer of the Police Department of the Township of Grosse Ile.
F. 
An officer of the Michigan State Police.
G. 
The director and conservation officers employed by the Department of Environmental Quality.
PERSONAL WATERCRAFT
A vessel that meets all of the following requirements:
A. 
Uses a motor-driven propeller or an internal combustion engine powering a water jet pump as its primary source of propulsion.
B. 
Is designed without an open load carrying area that would retain water.
C. 
Is designed to be operated by one or more persons positioned on, rather than within, the confines of the hull.
PORT
Left, and reference is to the port side of a vessel or to the left side of the vessel.
PROBATE COURT DISPOSITION
The entry of the probate court order of disposition for a child found to be within the provisions of Chapter XIIA of Act No. 288 of the Public Acts of 1939, being MCL §§ 712A.1 to 712A.31.
PROSECUTING ATTORNEY
The prosecuting attorney of the Township of Grosse Ile.
REGATTA, BOAT RACE, MARINE PARADE, TOURNAMENT OR EXHIBITION
An organized water event of limited duration that is conducted according to a prearranged schedule.
SLOW – NO WAKE SPEED
A very slow speed whereby the wake or wash created by the vessel would be minimal.
STARBOARD
Right, and reference is to the starboard side of a vessel or to the right side of the vessel.
STATE AID
Payment made by the state to a county for the conduct of a marine safety program.
UNDOCUMENTED VESSEL
A vessel that does not have, and is not required to have, a valid marine document issued by the United States Coast Guard or federal agency successor to the United States Coast Guard.
UNIFORM INSPECTION DECAL
An adhesive-backed sticker created by the State of Michigan pursuant to Section 324.80166 of the Michigan Administrative Code that is color-coded to indicate the year that it expires and is attached to a vessel in the manner prescribed for decals in Section 324.80122 of the Michigan Administrative Code.
USE
Operate, navigate, or employ.
VESSEL
Every description of watercraft used or capable of being used as a means of transportation on water.
WATERS OF THE TOWNSHIP
Any waters within the territorial limits of the Township of Grosse Ile, and includes the waters of the State of Michigan under the jurisdiction of the Township of Grosse Ile.
WATERS OF THIS STATE
Any waters within the territorial limits of the State of Michigan, and includes those waters of the Great Lakes that are under the jurisdiction of the state.
A. 
This chapter applies to vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction of the Township of Grosse Ile.
B. 
This chapter, except where expressly indicated otherwise, does not apply to any of the following:
(1) 
Foreign vessels temporarily using waters subject to the jurisdiction of the Township of Grosse Ile.
(2) 
Military or public vessels of the United States, except recreational-type public vessels.
(3) 
A vessel whose owner is a state or political subdivision of a state, other than the State of Michigan and its political subdivisions, that is used principally for governmental purposes and that is clearly identifiable as such.
(4) 
A ship's lifeboat.
A. 
Except as otherwise provided in this chapter, a person shall not operate or give permission for the operation of a vessel of any length on the waters of the Township unless the fees prescribed by state law and administrative rule for the vessel are paid, the certificate of number assigned to the vessel is on board and is in full force and effect, and, except for the following, the identifying number and decal are displayed on each side of the forward half of the vessel in accordance with the rules promulgated by the State of Michigan.
(1) 
A decal and identifying number for a wooden hull and historic vessel as that term is defined in the State Administrative Rule 80124 may be displayed in the manner described in Section 980126(2) of the Michigan Administrative Code.
(2) 
A decal for an inflatable boat may be displayed on the transom of the boat.
B. 
If a vessel is actually numbered in another state of principal use in accordance with a federally approved numbering system, it is in compliance with the numbering requirements of the State of Michigan while it is temporarily being used in this state. This subsection applies to a vessel for which a valid temporary certificate is issued to the vessel's owner by the issuing authority of the state in which the vessel is principally used.
C. 
If a vessel is removed to the State of Michigan as the new state of principal use, a number awarded by any other issuing authority is valid for not more than 60 days before numbering is required by this state.
A. 
The owner of a vessel is not required to pay a fee and a vessel is not required to be numbered and to display a decal under this chapter if the vessel is one or more of the following:
(1) 
Used temporarily on the waters of the State of Michigan and the owner and the vessel are from a country other than the United States.
(2) 
A vessel that is owned by the United States, used in the public service for purposes other than recreation, and clearly identifiable as such a vessel.
(3) 
A vessel's lifeboat.
(4) 
An all-terrain vehicle not used as a vessel.
(5) 
A raft, sailboard, surfboard, or swim float.
(6) 
A vessel 16 feet or less, propelled by hand either with oars or paddles, and not used for rental or other commercial purposes.
(7) 
A nonmotorized canoe or kayak not used for rental or other commercial purposes.
B. 
The owner of a vessel documented by the United States Coast Guard or a federal agency that is the successor to the United States Coast Guard shall comply with this chapter, including the payment of fees as provided in this chapter. However, the vessel shall not be required to display numbers under this chapter.
C. 
This chapter does not prohibit the numbering of an undocumented vessel pursuant to this chapter upon request by the owner, even though the vessel is exempt from the numbering requirements of this chapter.
A. 
Except as otherwise provided in this section, the owner of a vessel required to be numbered and to display a decal shall file an application for a certificate of number with the Secretary of State. The Secretary of State shall prescribe and furnish certificate of title application forms. If a vessel requiring a certificate of title under Part 803 of the Michigan Administrative Code is sold by a dealer, that dealer shall combine the application for a certificate of number that is signed by the vessel owner with the application for a certificate of title. The dealer shall obtain the certificate of number in the name of the owner. The owner of the vessel shall sign the application. A person shall not file an application for a certificate of number that contains false information. A dealer who fails to submit an application as required by this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $100, or both.
B. 
A dealer who submits an application for a certificate of number as provided in Subsection A may issue to the owner of the vessel a fifteen-day temporary permit, on forms prescribed by the Secretary of State, for the use of the vessel while the certificate of number is being issued.
C. 
A dealer may issue a fifteen-day permit, on a form prescribed by the Secretary of State, for the use of a vessel purchased in this state and delivered to the purchaser for removal to a place outside of this state, if the purchaser certifies by his or her signature that the vessel will be registered and primarily used and stored outside of this state and will not be returned to this state by the purchaser for use or storage. A certificate of number shall not be issued for a vessel holding a permit under this subsection.
D. 
A fifteen-day temporary permit issued under Subsection B or C shall not be renewed or extended.
E. 
A person shall operate or permit the operation of a vessel for which a fifteen-day temporary permit has been issued under this section only if the temporary permit is valid and displayed on the vessel as prescribed by rule promulgated in the Michigan Administrative Code.
F. 
Upon receipt of an initial application for a certificate of number in approved form and payment of the required fee, the Secretary of State shall enter the information upon the official records and issue to the applicant a certificate of number containing the number awarded to the vessel, the name and address of the owner, and other information that the Secretary of State determines necessary. The Secretary of State shall issue a certificate of number that is pocket size and legible. Except as provided in Subsection G, a person operating a vessel shall present that vessel's certificate of number to a peace officer upon the peace officer's request.
G. 
The owner or authorized agent of the owner of a vessel less than 26 feet in length that is leased or rented to a person for noncommercial use for not more than 24 hours may retain, at the place from which the vessel departs or returns to the possession of the owner or the owner's representative, the certificate of number for that vessel if a copy of the lease or rental is on the vessel. Upon the demand of a peace officer, the operator shall produce for inspection either the certificate of number or a copy of the lease or rental agreement for that vessel. The lease or rental agreement shall contain each of the following:
(1) 
The vessel number that appears on the certificate of number.
(2) 
The period of time for which the vessel is leased or rented.
(3) 
The signature of the vessel's owner or that person's authorized agent.
(4) 
The signature of the person leasing or renting the vessel.
H. 
Upon receipt of a certificate of number for a vessel, the owner of that vessel shall paint on or attach in a permanent manner to each side of the forward half of the vessel the number identified in the certificate of number, in the manner prescribed by the rules contained in the Michigan Administrative Code. The Secretary of State shall assign to the owner of vessels for rent or lease a block of numbers sufficient to number consecutively all of that owner's rental or lease vessels. The owner shall maintain the numbers in a legible condition. A vessel documented by the United States Coast Guard or a federal agency that is the successor to the United States Coast Guard is not required to display numbers under this chapter but shall display a decal indicating payment of the fee required by law and shall otherwise be in compliance with this chapter. This subsection does not apply to a nonpowered vessel 12 feet or less in length.
I. 
Upon receipt of an application for a certificate of number in an approved form and payment of the fee required by law, the Secretary of State shall issue a decal that is color-coded and dated to identify the year of its expiration, and the decal shall be displayed as required by state law or administrative rule.
A. 
The owner of a vessel shall notify the Secretary of State within 15 days if the vessel is destroyed, abandoned, or sold; if an interest in the vessel is transferred, either wholly or in part, to another person; or if the owner's address no longer conforms to the address appearing on the certificate of number. The notice shall consist of a surrender of the certificate of number, on which the proper information shall be noted on a place to be provided on the certificate. When the surrender of the certificate is due to the vessel being destroyed or abandoned, the Secretary of State shall cancel the certificate and enter that fact in the Secretary of State's records, and the number may be reassigned.
B. 
If the surrender of the certificate of number is due to a change of the owner's address, the new address shall be recorded by the Secretary of State and a certificate of number bearing that information shall be returned to the owner.
C. 
The transferee of a vessel registered under the State of Michigan, within 15 days after acquisition of a vessel, shall make application to the Secretary of State for transfer to the transferee of the certificate of number issued to the vessel. The transferee shall provide his or her name and address and the number of the vessel and pay to the Secretary of State a transfer fee. Unless the application is made and the fee paid within 15 days after acquisition of the vessel, the vessel shall be considered to be without certificate of number and a person shall not operate the vessel until a certificate is issued. Upon receipt of the application and appropriate fees, the Secretary of State shall transfer the certificate of number issued for the vessel to the new owner. The certificate of number shall be valid for a three-year period.
D. 
If a certificate of number is lost, mutilated, or illegible, the owner of the vessel shall obtain a duplicate of the certificate upon application and payment of a fee.
A. 
A dealer shall apply for and obtain from the Secretary of State dealer certificates of number and dealer decals for each vessel of the dealer that is tested, demonstrated, or otherwise operated. A single dealer certificate of number and dealer decal issued pursuant to this section may be used on only one vessel at a time.
B. 
The operator of a vessel governed by this chapter shall do each of the following:
(1) 
Maintain the dealer certificate of number on board the vessel.
(2) 
Upon demand of a peace officer, display the dealer certificate of number.
(3) 
Permanently or temporarily display the identifying number and dealer decal on the vessel in accordance with rules promulgated by the State of Michigan.
C. 
A person shall not operate a vessel numbered under this section unless the dealer is on board the vessel or the operator has the written authorization of the dealer to operate the vessel. A person shall not use a vessel numbered under this section for commercial purposes that include the rental of the vessel or the carrying of passengers for hire on the vessel.
A. 
Each judge and each clerk of a court of record shall keep a full record of every case in which a person is charged with or cited for a violation of this chapter corresponding to regulating the operation of vessels.
B. 
Within 14 days after a conviction, forfeiture of bail, entry of a civil infraction determination, or default judgment upon a charge of, or citation for, violating this chapter regulating the operation of vessels, the judge or clerk of the court of record shall prepare and immediately forward to the Secretary of State an abstract of the record of the court for the case. The abstract shall be certified to be true and correct by signature, stamp, or facsimile signature by the person required to prepare the abstract. If the Township is authorized to accept a payment of money as a settlement for a violation of this chapter, the Township shall send a full report of each case in which a person pays any amount of money to the Township to the Secretary of State upon a form prescribed by the Secretary of State.
C. 
The abstract or report required under this section shall be made upon a form furnished by the Secretary of State.
D. 
Every person required to forward abstracts to the Secretary of State under this section shall certify for the period from January 1 through June 30 and for the period from July 1 through December 31 that all abstracts required to be forwarded during the period have been forwarded. The certification shall be filed with the Secretary of State not later than 28 days after the end of the period covered by the certification. The certification shall be made upon a form furnished by the Secretary of State.
E. 
The court shall not submit, and the Secretary of State shall discard and not enter on the boating record, an abstract for a conviction of civil infraction determination for a violation of this chapter that could not be the basis for the Secretary of State's issuance of an order not to operate a vessel on the waters of this state. The Secretary of State shall discard and not enter on the boating record an abstract for a bond forfeiture that occurred outside this state.
F. 
If a conviction or civil infraction determination is reversed upon appeal the court shall transmit a copy of the order of reversal to the Secretary of State, and the Secretary of State shall enter the order in the proper book or index in connection with the record of the conviction or civil infraction determination.
A. 
Applicability.
(1) 
Subsections B and D of this section apply to a vessel operated on waters subject to the jurisdiction of the Township when the vessel is either of the following:
(a) 
Operated by its operator for recreational purposes.
(b) 
Required to be numbered in the State of Michigan.
(2) 
This Subsection A does not apply to a vessel required to have a certificate of inspection under Chapter I of Title 46 of the Code of Federal Regulations.
B. 
Assistance to injured persons.
(1) 
The operator of a vessel involved in a collision, accident, or other casualty, and the operator of any other vessel, to the extent that he or she can do so without serious danger to his or her own vessel, crew, and passengers, shall render reasonable assistance to a person affected by the collision, accident, or other casualty, including the transporting of the injured person to a physician or surgeon for medical or surgical treatment, if it is apparent that treatment is necessary or when requested by the injured person.
(2) 
A person who complies with Subsection B(1), or who gratuitously and in good faith renders assistance at the scene of a vessel collision, accident or other casualty without objection of the person assisted, is not liable for civil damages as a result of the rendering of assistance, or for an act or omission in providing or arranging towage, medical treatment, or other assistance, if the assisting person acts as an ordinary, reasonably prudent person would have acted under the same or similar circumstances.
C. 
Exchange of identification. In the case of collision, accident or other casualty involving a vessel, the operator shall stop his or her vessel and give his or her name and address and identification of his or her vessel, and the name and address of the owner of the vessel if he or she is not the operator, to the operator or occupants of any other vessel involved or to the owner or his or her agents of any property damaged by the accident.
D. 
Report.
(1) 
In the case of collision, accident, or other casualty involving a vessel, the operator shall report the collision, accident, or other casualty to the nearest peace officer, state police post, or the sheriff of the county in which the collision, accident, or other casualty occurred.
(2) 
A report of a collision, accident, or other casualty involving a vessel that is made to a peace officer other than the sheriff of the county in which the collision, accident, or other casualty occurred shall be reported without delay by the peace officer to the sheriff of the county in which the collision, accident, or other casualty occurred.
A. 
Except as otherwise provided in Subsection D, a person less than 12 years of age shall not operate a motorboat on the waters of the Township unless all of the following conditions are met:
(1) 
He or she is under the direct supervision of a person on board the motorboat who is 16 years of age or older.
(2) 
The motorboat he or she operates is powered by a motor or motors totaling no more than 35 horsepower.
B. 
Except as otherwise provided in Subsection D, a person 12 through 15 years of age may operate a motorboat on the waters of the Township only if that person complies with either of the following:
(1) 
He or she is accompanied by at least one person 16 years of age or older.
(2) 
He or she is in possession of a boating safety certificate issued after he or she has satisfactorily completed an approved course in boating safety.
C. 
A person 12 through 15 years of age operating a motorboat pursuant to Subsection B(2) shall present the boating safety certificate issued to him or her upon the demand of any peace officer.
D. 
This section does not apply to the operation of a motorboat that is powered by a motor or motors totaling no more than six horsepower.
A. 
Except as provided in Subsection C, a person shall not operate a vessel on the waters of the Township unless each person in an open deck area on board the vessel who is less than six years of age is wearing a Type I or Type II personal flotation device as described in R281.1234 of the Michigan Administrative Code.
B. 
A parent or guardian of a child less than six years of age who accompanies that child on board a vessel that is not a charter boat described in Subsection C shall ensure that the child is wearing a personal flotation device that complies with this section.
C. 
This section does not apply to a charter boat bearing either of the following:
(1) 
A valid certificate of inspection issued by the United States Coast Guard that verifies the charter boat's compliance with Subchapter H or Subchapter T of the Code of Federal Regulations, 46 CFR 70.01-1 to 80.40 and 175.01-1 to 185.30-30.
(2) 
A valid certificate of inspection issued by the State of Michigan for a Class C vessel that is greater than 45 feet in length.
D. 
As used in this section, "charter boat" and "Class C vessel" mean those terms as defined in Section 44501 of the Michigan Administrative Code.
E. 
A person who violates this section is responsible for a civil infraction and may be ordered to pay a civil fine of not more than $100.
[1]
Editor's Note: Former § 153-12, Operation of personal watercraft, was deleted 7-22-2008.
A. 
When vessels are being operated in such a manner as to make collision imminent or likely, the following rules apply:
(1) 
When two vessels are approaching each other head-on, or nearly so, the operator of each shall cause his or her vessel to pass on the port side of the other.
(2) 
When overtaking a vessel proceeding in the same direction, the operator of the overtaking vessel, unless it is not feasible to do so, shall pass on the port side of the vessel ahead.
(3) 
When two vessels are approaching each other at right angles or obliquely so as to involve risk of collision, other than when one vessel is overtaking another, the operator of the vessel that has the other on his or her own port side shall hold his or her course and speed, and the operator of the vessel that has the other on his or her own starboard side shall give way to the other by directing his or her course to starboard so as to cross the stern of the other vessel or, if necessary to do so, shall slacken his or her speed, stop, or reverse.
(4) 
When a motorboat and a vessel under sail are proceeding in a manner that involves a risk of collision, the operator of the motorboat shall give way to the vessel under sail.
(5) 
When a motorboat and a vessel not propelled by sail or mechanical means are proceeding in a manner that involves risk of collision, the operator of the motorboat shall give way to the other vessel.
(6) 
When, by any of the rules provided in this section, the operator of a vessel is required to give way to the other, the operator of the other vessel shall maintain his or her direction and speed.
B. 
This section does not relieve the operator of a vessel otherwise privileged by this section from the duty to operate with due regard for the safety of all persons using the waters of the Township.
A person operating or propelling a vessel upon the waters of the Township shall operate it in a careful and prudent manner and at such a rate of speed so as not to endanger unreasonably the life or property of any person. A person shall not operate any vessel at a rate of speed greater than will permit him or her, in the exercise of reasonable care, to bring the vessel to a stop within the assured clear distance ahead. A person shall not operate a vessel in a manner so as to interfere unreasonably with the lawful use by others of any waters.
A. 
On waters of the Township for which a motorboat speed limit is not established by the State of Michigan or the Township, or on any waters for which stricter speed restrictions are not established pursuant to an act, a maximum speed limit of 55 miles per hour is established, except in an emergency and except for authorized peace and conservation officers when engaged in official duties. The maximum speed limit of 55 miles per hour shall not apply to the Great Lakes and Lake St. Clair, except for an area within one mile of the shoreline measured at a right angle from the shoreline.
B. 
A person shall not operate a motorboat on the waters of the Township at a speed greater than slow - no wake speed or the minimum speed necessary for the motorboat to maintain forward movement when within 100 feet of the shoreline where the water depth is less than three feet, as determined by vertical measurement, except in navigable channels not otherwise posted.
C. 
A person operating a motorboat in violation of this section is guilty of reckless operation of a motorboat punishable as a misdemeanor with a fine not to exceed $500 and/or imprisonment not to exceed 90 days.
A. 
If a person carelessly or heedlessly operates a vessel upon the waters of the Township in disregard of the rights or safety of others, without due caution and circumspection, or at a rate of speed or in a manner that endangers or is likely to endanger a person or property, that person is guilty of reckless operation of a vessel punishable as a misdemeanor with a fine not to exceed $500 and/or imprisonment not to exceed 90 days and subject also to the provision of Subsection C.
B. 
If a person while being towed on water skis, a water sled, a surfboard, or a similar contrivance upon the waters of the Township carelessly and heedlessly navigates, steers, or controls himself or herself in disregard of the rights and safety of others or without due caution and circumspection and in a manner that endangers or is likely to endanger a person or property, then that person is guilty of reckless operation of the contrivance that he or she controls and is subject to the penalties described in Subsection C.
C. 
Upon a person's conviction under this section, the court may issue an order prohibiting that person from operating a vessel on the waters of the State of Michigan for a period of not more than two years. Upon a person's subsequent conviction under this section, the court shall order that person to participate in and complete a marine safety educational program approved by the State of Michigan. An order issued pursuant to this subsection is in addition to any other penalty authorized under this chapter.
A. 
Subject to the exceptions described in Subsection B, a person shall not operate a motorboat at more than slow - no wake speed if any of the following circumstances exist:
(1) 
A person is located on or in the bow of the motorboat and that motorboat is not manufactured to provide bow seating.
(2) 
A person or a portion of a person's body extends beyond the exterior port or starboard walls of the hull of the motorboat.
B. 
This section does not apply to either of the following:
(1) 
A person engaged in the operation of a sailboat that is not being powered by a motor.
(2) 
A person on board a vessel who is attempting to anchor, moor, dock, or otherwise secure the vessel.
Persons operating vessels on the waters of this Township of Grosse Ile in areas not marked by well-defined channels, canals, rivers, or stream courses shall operate the vessels in a counterclockwise fashion to the extent that it is reasonably possible. These persons and persons being towed on water skis or on a water sled, kite, surfboard, or similar contrivance shall maintain a distance of 100 feet from any dock, raft, buoy or occupied bathing area, or vessel moored or at anchor, except when the vessel is proceeding at a slow - no wake speed or when water skiers are being picked up or dropped off, if that operation is otherwise conducted with due regard to the safety of persons and property and in accordance with the laws of the State of Michigan.
A person shall not operate a vessel on any of the waters of the Township of Grosse Ile within a lawfully authorized restricted area clearly marked by buoys, beacons, or other distinguishing devices as being prohibited to vessels.
An operator of any vessel shall not have in tow or otherwise be assisting in the propulsion of a person on water skis or on a water sled, surfboard, or other similar contrivance during the period of one hour after sunset to one hour prior to sunrise. Any person permitting himself or herself to be towed on water skis or on a water sled, surfboard, or similar contrivance in violation of this chapter is guilty of a misdemeanor.
A. 
A person shall not operate a vessel on the waters of Grosse Ile Township if he or she is towing or otherwise assisting a person on water skis or on a water sled, aquaplane, surfboard, or other similar contrivance unless a person capable of communicating to the vessel operator the condition and needs of the person being towed or assisted is on board the vessel and positioned to observe the person being towed or assisted.
B. 
Subsection A does not apply to vessels used by duly constituted ski schools in the giving of instructions or to vessels used in sanctioned ski tournaments, competitions, expositions, or trials. Vessels described in this subsection shall be equipped with a one-hundred-seventy-degree wide-angle rearview mirror affixed in a manner that will permit the operator to observe the progress of the person being towed.
C. 
This section does not apply to motorboats less than 16 feet in length actually operated by the person being towed and so constructed as to be incapable of carrying the operator in or on the motorboat.
Any occupant or operator of any vessel under way on the waters of Grosse Ile Township shall not sit, stand, or walk upon any portion of the vessel not specially designed for that purpose, except when immediately necessary for the safe and reasonable navigation or operation of the vessel.
A person not in a boat shall not intentionally rock, tip, jostle, or otherwise interfere with the operation of any vessel, except under supervised training.
Any person diving or submerging in any of the waters of Grosse Ile Township with the aid of a diving suit or other mechanical diving device shall place a buoy or boat in the water at or near the point of submergence. The buoy or boat shall bear a red flag not less than 14 inches by 16 inches with a white stripe of 3 1/2 inches running from one upper corner to a diagonal lower corner. The flag shall be in place only while actual diving operations are in progress. A vessel shall not be operated within 200 feet of a buoyed diver's flag unless it is involved in tendering the diving operation. A person diving shall stay within a surface area of 100 feet of the diver's flag.
A. 
Subject to Subsection B, a person shall not operate a motorboat on the waters of Grosse Ile Township unless the motorboat is equipped and maintained with an effective muffler or underwater exhaust system that does not produce sound levels in excess of 90 db(A) when subjected to a stationary sound level test as prescribed by SAE J2005 or a sound level in excess of 75 db(A) when subjected to a shoreline sound level measurement procedure as described by SAE J1970. The operator of a motorboat shall present the motorboat for a sound level test as prescribed by SAE J2005 upon the request of a peace officer. If a motorboat is equipped with more than one motor or engine, the test shall be performed with all motors or engines operating. To determine whether a person is violating this subsection, a peace officer may measure sound levels pursuant to procedures prescribed in SAE J1970, issued 1991-92. If these decibel levels are modified by the State of Michigan, then those amendments are herein incorporated by reference and all of the following apply:
(1) 
A person shall not operate a motorboat on the waters of Grosse Ile Township if the motorboat produces sound levels that exceed the maximum decibel level or levels established under this chapter.
(2) 
The operator of a motorboat shall present the motorboat for the sound level test established pursuant to this chapter upon the request of a peace officer.
(3) 
A motorboat equipped with more than one motor or engine shall be tested with all motors or engine operating.
B. 
Subsection A does not apply to any of the following:
(1) 
A motorboat being operated by a boat or marine engine manufacturer for the purpose of testing or development.
(2) 
A motorboat that qualifies as an historic vessel.
(3) 
A motorboat tuning up or testing for or participating in official trials for speed records or a sanctioned race conducted pursuant to a permit issued by a unit of government.
C. 
A person shall not operate on the waters of Grosse Ile Township a motorboat that is equipped with a cutout, bypass, amplifier, or other similar device.
D. 
As used in this section, "db(A)" means decibels on the "A" scale on a sound meter having characteristics of a general purpose sound meter as defined by American National Standards Institute S1.4-1983.
E. 
A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days and a fine of not less than $100 nor more than $500. Additionally, before putting the motorboat back in use, a person who violates this section shall be required to install an effective muffler or underwater exhaust system that meets the requirements of this section on the motorboat in violation at his or her expense.
The owner of any vessel operated upon the waters of Grosse Ile Township is personally responsible for any damage to life or property resulting from a wake or swell created by the negligent operation or propulsion of the vessel, if the vessel is being operated with his or her consent.
A. 
Upon the direction of a peace officer, the operator of a vessel moving on the waters of Grosse Ile Township shall immediately bring the vessel to a stop or maneuver it in a manner that permits the peace officer to come beside the vessel. The operator of the vessel and any person on the vessel shall do the following upon the request of the peace officer:
(1) 
Provide his or her correct name and address.
(2) 
Exhibit the certificate of number awarded for the vessel.
(3) 
If the vessel does not bear a decal as required by this chapter, state law or administrative rule, submit to a reasonable inspection of the vessel and to a reasonable inspection and test of the equipment of the vessel.
B. 
A peace officer who conducts an inspection of a vessel authorized under this section shall include in that inspection a reasonable examination and test of the equipment on that vessel. If the peace officer does not find a violation of a marine law, he or she shall affix to the vessel an adhesive copy of the uniform marine safety inspection decal and shall complete a receipt for that decal.
C. 
A completed receipt for a decal shall include all of the following:
(1) 
The name of the peace officer.
(2) 
The time, date, and place of the inspection.
(3) 
The vessel's identifying number.
D. 
A peace officer shall deliver to his or her supervisor or person designated by that supervisor a receipt for a decal within 48 hours of affixing the decal to a vessel. The supervisor or person designated by the supervisor shall maintain receipts received under this section for a period of one year.
E. 
Except for inspection of a vessel to determine the number and adequacy of personal flotation devices on that vessel, a peace officer shall not stop and inspect a vessel bearing the decal described in this section during the period the decal remains in effect unless that peace officer has probable cause to believe the vessel or the vessel's operator is in violation of a marine law or local ordinance.
F. 
A person who is detained for a violation of this chapter and who furnishes a peace officer false, forged, fictitious, or misleading verbal or written information identifying the person as another person is guilty of a misdemeanor.
G. 
A peace officer who observes a criminal marine law violation or criminal ordinance violation may immediately arrest the person without a warrant or issue to the person a written or verbal warning.
A. 
Unless otherwise specified under this chapter, penalties for violation of this chapter shall be punishable as provided in Chapter 1, General Provisions, § 1-3.
[Amended 7-22-2008]
B. 
Any person convicted of reckless operation of a vessel as defined in § 153-16, or of operating a vessel while under the influence of intoxicating liquor or narcotic drugs, in addition to any other penalty, may be refused by the court having jurisdiction of the violation the right of operating any vessel on any of the waters of Grosse Ile Township of the State of Michigan for a period of not more than two years.
A person who, by the operation of any vessel at an immoderate rate of speed or in a careless, reckless, or negligent manner, but not willfully or wantonly, injuries so as to cripple or cause the death of another is guilty of a misdemeanor.
A. 
Prohibited acts.
(1) 
A person shall not operate a vessel on the waters of the Township of Grosse Ile if either of the following applies:
(a) 
The person is under the influence of intoxicating liquor or a controlled substance, or both.
(b) 
The person has a blood alcohol content of 0.10 gram or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(2) 
The owner of a vessel or a person in charge or in control of a vessel shall not authorize or knowingly permit the vessel to be operated on the waters of Grosse Ile Township by a person who is under the influence of intoxicating liquor or a controlled substance, or both, or who has a blood alcohol content of 0.10 gram or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(3) 
A person shall not operate a vessel on the waters of Grosse Ile Township when, due to the consumption of an intoxicating liquor or a controlled substance, or both, the person's ability to operate the vessel is visibly impaired. If a person is charged with violating Subsection A(1), a finding of guilty under this subsection may be rendered.
B. 
Violation of Subsection A(1) and (2); sanctions.
(1) 
If a person is convicted of violating Subsection A(1) the following apply:
(a) 
Except as otherwise provided in Subsection B(1)(b), the person is guilty of a misdemeanor and shall be punished by one or more of the following:
[1] 
Community service for not more than 45 days.
[2] 
Imprisonment for not more than 90 days.
[3] 
A fine of not less than $100 nor more than $500.
(b) 
If the violation occurs within seven years of a prior conviction, the person shall be sentenced to both a fine of not less than $200 nor more than $1,000 and either of the following:
[1] 
Community service for not less than 10 days nor more than 90 days, and may be imprisoned for not more than 90 days.
[2] 
Imprisonment for not less than 48 consecutive hours nor more than 90 days, and may be sentenced to community service for not more than 90 days.
(2) 
A term of imprisonment imposed under Subsection B(1)(b)[2] shall not be suspended. A person sentenced to perform service to the community under this Subsection B shall not receive compensation and shall reimburse the Township of Grosse Ile for the cost of supervision incurred by the Township as a result of the person's activities in that service.
(3) 
In addition to the sanctions prescribed under Subsection B(1), the court may, pursuant to the Code of Criminal Procedure, Act No. 175 of the Public Acts of 1927, being MCL §§ 760.1 to 776.21, order the person to pay the costs of the prosecution. The court shall also impose sanctions under Subsections J and K of this section.
(4) 
A person who is convicted of violating Subsection A(2) is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not less than $100 nor more than $500, or both.
(5) 
As used in this Subsection B, "prior conviction" means a conviction for a violation of any of the following:
(a) 
Subsection A(1) of this section.
(b) 
Former Section 171(1), (4) or (5) of the Marine Safety Act.
(c) 
Former Section 73 of the Marine Safety Act.
(d) 
A local ordinance substantially corresponding to Subsection A(1) of this section or former Section 73 of the Marine Safety Act.
(e) 
A law of another state substantially corresponding to Subsection A(1) of this section or former Section 73 of the Marine Safety Act.
C. 
Violation of Subsection A(3); sanctions.
(1) 
If a person is convicted of violating Subsection A(3) the following apply:
(a) 
Except as otherwise provided in Subsection C(1)(b) and (c), the person is guilty of a misdemeanor punishable by one or more of the following:
[1] 
Community service for not more than 45 days.
[2] 
Imprisonment for not more than 90 days.
[3] 
A fine of not more than $300.
(b) 
If the violation occurs within seven years of one prior conviction, the person shall be sentenced to both a fine of not less than $200 nor more than $1,000 and either of the following:
[1] 
Community service for not less than 10 days nor more than 90 days, and may be sentenced to imprisonment for not more than 90 days.
[2] 
Imprisonment for not more than 90 days, and may be sentenced to community service for not more than 90 days.
(c) 
If the violation occurs within 10 years of two or more prior convictions, the person shall be sentenced to both a fine of not less than $200 nor more than $1,000 and either of the following:
[1] 
Community service for a period of not less than 10 days nor more than 90 days, and may be sentenced to imprisonment for not more than 90 days.
[2] 
Imprisonment for not more than 90 days, and may be sentenced to community service for not more than 90 days.
(2) 
In addition to the sanctions prescribed in Subsection C(1), the court may, pursuant to the Code of Criminal Procedure, Act No. 175 of the Public Acts of 1927, being MCL §§ 760.1 to 776.21, order the person to pay the costs of the prosecution. The court shall also impose sanctions under Subsections J and K of this section.
(3) 
A person sentenced to perform service to the community under this Subsection C shall not receive compensation and shall reimburse the Township of Grosse Ile for the cost of supervision incurred by the Township as a result of the person's activities in that service.
(4) 
As used in this Subsection C, "prior conviction" means a conviction for a violation of any of the following:
(a) 
Subsection A(1) and (3) of this section.
(b) 
Former Section 171(1) of the Marine Safety Act.
(c) 
Former Section 73 of the Marine Safety Act.
(d) 
Former Section 73b of the Marine Safety Act.
(e) 
A local ordinance substantially corresponding to Subsection A(1) and (3) of this section, former Section 73 of the Marine Safety Act, or former Section 73b of the Marine Safety Act.
(f) 
A law of another state substantially corresponding to Subsection A(1) and (3) of this section, former Section 73 of the Marine Safety Act, or former Section 73b of the Marine Safety Act.
D. 
Enhanced sentencing based on prior convictions; conditions; attempted violation of Subsection A(1) or (3).
(1) 
If the prosecuting attorney intends to seek an enhanced sentence under Subsection B or C based upon the defendant having one or more prior convictions, the prosecuting attorney shall include on the complaint and information filed in district court, circuit court, recorder's court, municipal court, or probate court a statement listing the defendant's prior convictions.
(2) 
A prior conviction shall be established at sentencing by one or more of the following:
(a) 
An abstract of conviction.
(b) 
A copy of the defendant's boating record.
(c) 
An admission by the defendant.
(3) 
A person who is convicted of an attempted violation of Subsection A(1) or (3) shall be punished as if the offense had been completed.
(4) 
When issuing an order under this chapter, the Secretary of State and the court shall treat a conviction of an attempted violation of Subsection A(1) or (3) of this section, former Section 171(1) or (3) of the Marine Safety Act, a local ordinance substantially corresponding to Subsection A(1) or (3) of this section, or a law of another state substantially corresponding to Subsection A(1) or (3) of this section the same as if the offense had been completed.
E. 
Peace officer; arrest without warrant; reasonable cause; conditions; returning vessel and occupants to shore; effect of not charging person receiving citation.
(1) 
A peace officer, without a warrant, may arrest a person if the peace officer has reasonable cause to believe that the person was, at the time of an accident, the operator of a vessel involved in the accident in this Township while in violation of Subsection A(1) or (3).
(2) 
A peace officer who has reasonable cause to believe that a person was operating a vessel on the waters of Grosse Ile Township and that, by the consumption of intoxicating liquor, the person may have affected his or her ability to operate a vessel may require the person to submit to a preliminary chemical breath analysis. The following apply with respect to a preliminary chemical breath analysis:
(a) 
Only a peace officer who has successfully completed a training course taught by a state-certified instructor in the administration of the preliminary chemical breath analysis may administer that test.
(b) 
A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis.
(c) 
The results of a preliminary chemical breath analysis are admissible in a criminal prosecution for a crime described in Subsection A(1) or (3) or Subsection L(1) or in an administrative hearing solely to assist the court or hearing officer in determining a challenge to the validity of an arrest This subsection does not limit the introduction of other competent evidence offered to establish the validity of an arrest.
(d) 
A person who submits to a preliminary chemical breath analysis remains subject to the requirements of Subsections K to N for the purposes of chemical tests described in those sections.
(e) 
A person who refuses to submit to a preliminary chemical breath analysis upon a lawful request by a peace officer is responsible for a civil infraction and may be ordered to pay a civil fine of not more than $100.
(3) 
A peace officer making an arrest under this Subsection E shall take measures to assure that the vessel and its occupants are safely returned to shore.
(4) 
If, within 60 days after the issuance of a citation for a civil infraction under this Subsection E, the person to whom the citation is issued is not charged with a violation of Subsection A(1) or (3), the citation issued for the civil infraction is void. Upon application of the person to whom the citation is issued, money paid by the person as fine, costs, or otherwise shall be immediately returned.
F. 
Chemical test and analysis of blood, urine or breath; collection of sample or specimen; application of administrative rules.
(1) 
The following apply with respect to a chemical test and analysis of a person's blood, urine, or breath, other than a preliminary chemical breath analysis:
(a) 
The amount of alcohol or presence of a controlled substance, or both, in an operator's blood at the time alleged as shown by chemical analysis of the person's blood, urine, or breath is admissible into evidence in any civil or criminal proceeding.
(b) 
A person arrested for a crime described in Subsection A(1) or (3) or Subsection L(1) shall be advised of all of the following:
[1] 
That if the person takes a chemical test of his or her blood, urine, or breath administered at the request of a peace officer, the person has the right to demand that someone of the person's own choosing administer one of the chemical tests; that the results of the test are admissible in a judicial proceeding as provided under this chapter and shall be considered with other competent evidence in determining the innocence or guilt of the defendant; and that the person is responsible for obtaining a chemical analysis of a test sample obtained pursuant to the person's own request.
[2] 
That if the person refuses the request of a peace officer to take the test described in Subsection F(1)(b)[1], the test shall not be given without a court order, but the peace officer may seek to obtain such a court order.
[3] 
That the person's refusal of the request of a peace officer to take the test described in Subsection F(1)(b)[1] will result in issuance of an order that the person not operate a vessel on the waters of the state or Township for at least six months.
(2) 
A sample or specimen of urine or breath shall be taken and collected in a reasonable manner. Only a licensed physician, or a licensed nurse or medical technician under the direction of a licensed physician, qualified to withdraw blood and acting in a medical environment, may withdraw blood at the request of a peace officer for the purpose of determining the amount of alcohol or presence of a controlled substance, or both, in a person's blood, as provided in this subsection. A qualified person who withdraws or analyzes blood, or assists in the withdrawal or analysis, in accordance with this chapter is not liable for a crime or civil damages predicated on the act of withdrawing or analyzing blood and related procedures unless the withdrawal or analysis is performed in a negligent manner.
(3) 
A rule relating to a chemical test for alcohol or a controlled substance promulgated under the Michigan Vehicle Code, Act No. 300 of the Public Acts of 1949, being MCL §§ 257.1 to 257.923, applies to a chemical test administered under this chapter.
G. 
Chemical test; administration at request of peace officer, during medical treatment or by medical examiner if operator of vessel is deceased; procedures.
(1) 
A chemical test described in Subsection F shall be administered at the request of a peace officer having reasonable grounds to believe the person has committed a crime described in Subsection A(1). A person who takes a chemical test administered at the request of a peace officer, as provided in Subsection F(1), shall be given a reasonable opportunity to have someone of the person's own choosing administer one of the chemical tests described in Subsection F within a reasonable time after the person's detention, and the results of the test are admissible and shall be considered with other competent evidence in determining the innocence or guilt of the defendant. If the person charged is administered a chemical test by someone of the person's own choosing, the person charged is responsible for obtaining a chemical analysis of the test sample.
(2) 
If, after an accident, the operator of a vessel involved in the accident is transported to a medical facility and a sample of the operator's blood is withdrawn at that time for the purpose of medical treatment, the results of a chemical analysis of that sample are admissible in any civil or criminal proceeding to show the amount of alcohol or presence of a controlled substance, or both, in the person's blood at the time alleged, regardless of whether the person had been offered or had refused a chemical test. The medical facility or person performing the chemical analysis shall disclose the results of the analysis to a prosecuting attorney who requests the results for use in a criminal prosecution as provided in this subsection. A medical facility or person disclosing information in compliance with this subsection is not civilly or criminally liable for making the disclosure.
(3) 
If, after an accident, the operator of a vessel involved in the accident is deceased, a sample of the decedent's blood shall be withdrawn in a manner directed by the medical examiner for the purpose of determining the amount of alcohol or the presence of a controlled substance, or both, in the decedent's blood. The medical examiner shall give the results of the chemical analysis of the sample to the law enforcement agency investigating the accident, and that agency shall forward the results to the State of Michigan.
H. 
Chemical test; introduction of other competent evidence; availability of test results.
(1) 
The provisions of Subsections F and G relating to chemical testing do not limit the introduction of any other competent evidence bearing upon the question of whether or not a person was impaired by, or under the influence of, intoxicating liquor or a controlled substance, or both, or whether the person had a blood alcohol content of 0.10 gram or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(2) 
If a chemical test described in Subsections F and G is administered, the results of the test shall be made available to the person charged or the person's attorney upon written request to the prosecution, with a copy of the request filed with the court. The prosecution shall furnish the results at least two days before the day of the trial. The results of the test shall be offered as evidence by the prosecution in that trial. Failure to fully comply with the request bars the admission of the results into evidence by the prosecution.
I. 
Chemical analysis of blood, urine or breath; amount of alcohol in operator's blood; presumptions; refusal to submit to chemical test as evidence.
(1) 
Except in a prosecution relating solely to a violation of Subsection A(1)(b), the amount of alcohol in the operator's blood at the time alleged as shown by chemical analysis of the person's blood, urine, or breath gives rise to the following presumptions:
(a) 
If at the time the defendant had an alcohol content of 0.07 gram or less per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, it shall be presumed that the defendant's ability to operate a vessel was not impaired due to the consumption of intoxicating liquor and that the defendant was not under the influence of intoxicating liquor.
(b) 
If at the time the defendant had an alcohol content of more than 0.07 gram but less than 0.10 gram per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, it shall be presumed that the defendant's ability to operate a vessel was impaired within the provisions of Subsection A(3) due to the consumption of intoxicating liquor.
(c) 
If at the time the defendant had an alcohol content of 0.10 gram or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, it shall be presumed that the defendant was under the influence of intoxicating liquor.
(2) 
A person's refusal to submit to a chemical test as provided in Subsections F and G is admissible in a criminal prosecution for a crime described in Subsection A(1) or (3) or Subsection L only for the purpose of showing that a test was offered to the defendant but not as evidence in determining innocence or guilt of the defendant. The jury shall be instructed accordingly.
J. 
Advising defendant of penalties and sanctions; ordering screening; assessment and rehabilitative services.
(1) 
Before accepting a plea of guilty or nolo contendere under Subsections A to D, the court shall advise the accused of the maximum possible term of imprisonment and the maximum possible fine that may be imposed for the violation and shall advise the defendant that the maximum possible sanctions that may be imposed will be based upon the boating record maintained by the Secretary of State or other evidence of a prior conviction as provided in Subsection C.
(2) 
Before imposing sentence, other than court-ordered operating sanctions, for a violation of Subsection A(1) or (3), the court shall order the person to undergo screening and assessment by a person or agency designated by the Office of Substance Abuse Services to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education or treatment programs. As part of the sentence, the court may order the person to participate in and successfully complete one or more appropriate rehabilitative programs. The person shall pay for the costs of the screening, assessment, and rehabilitative services.
K. 
Sentencing as multiple offender; consideration of prior convictions; sanctions.
(1) 
Immediately upon acceptance by the court of a plea of guilty or nolo contendere or upon entry of a verdict of guilty for a violation of Subsection A(1) or (3), whether or not the person is eligible to be sentenced as a multiple offender, the court shall consider all prior convictions currently entered upon the boating record of the person or other evidence of prior convictions established under Subsection C, except those convictions that, upon motion by the defendant, are determined by the court to be constitutionally invalid, and shall impose the following sanctions:
(a) 
For a conviction under Subsection A(1):
[1] 
If the court finds that the person has no prior convictions within seven years for a violation of Subsection A(1) or (3), former Section 171(1), (3), (4) or (5) of the Marine Safety Act, or another boating substance abuse offense, or that the person has one prior conviction within seven years for a violation of Subsection A(3), former Section 171(3) of the Marine Safety Act, former Section 73b of the Marine Safety Act, a local ordinance substantially corresponding to Subsection A(3) of this section or former Section 73b of the Marine Safety Act, or a law of another state substantially corresponding to Subsection A(3) of this section or former Section 73b of the Marine Safety Act, the court may order that the person not operate a vessel on the waters of this state for not less than one year nor more than two years.
[2] 
If the court finds that the person has one or more prior convictions within seven years for a violation of Subsection A(1) or (3), former Section 73 of the Marine Safety Act, a local ordinance substantially corresponding to Subsection A(1) of this section or former Section 73 of the Marine Safety Act, or a law of another state substantially corresponding to Subsection A(1) of this section or former Section 73 of the Marine Safety Act, the court shall order that the person not operate a vessel on the waters of this state for not less than two years.
[3] 
If the court finds that the person has two or more prior convictions within 10 years for a violation of Subsection A(1) or (3) of this section or former Section 171(1), (3), (4), or (5) of the Marine Safety Act or another boating substance abuse offense, the court shall order with no expiration date that the person not operate a vessel on the waters of this state.
(b) 
For a conviction under Subsection A(3) or a local ordinance substantially corresponding to Subsection A(3):
[1] 
If the court finds that the convicted person has no prior conviction within seven years for a violation of Subsection A(1) or (3) or former Section 171(1), (3), (4) or (5) of the Marine Safety Act or another boating substance abuse offense, the court may order that the person not operate a vessel on the waters of this state for not less than six months nor more than one year.
[2] 
If the court finds that the person has one prior conviction within seven years for a violation of Subsection A(1) or (3) of this section, former Section 73 of the Marine Safety Act, a local ordinance substantially corresponding to Subsection A(1) of this section or former Section 73 of the Marine Safety Act, or a law of another state substantially corresponding to Subsection A(1) of this section or former Section 73 of the Marine Safety Act, the court shall order that the person not operate a vessel on the waters of this state for not less than two years.
[3] 
If the court finds that the person has two or more prior convictions within 10 years for a violation of Subsection A(1) or (3) of this section or former Section 171(1), (3) or (5) of the Marine Safety Act or another boating substance abuse offense, the court shall order with no expiration date that the person not operate a vessel on the waters of this state.
(2) 
As used in this section, "another boating substance abuse offense" means former Section 73 or 73b of the Marine Safety Act, a local ordinance substantially corresponding to Subsection A(1) or (3) of this section or former Section 73 or 73b of the Marine Safety Act or a law of another state substantially corresponding to Subsection A(1) or (3) of this section or former Section 73 or 73b of the Marine Safety Act.
L. 
Consent to chemical tests of blood, breath or urine; circumstances; exception; administration.
(1) 
A person who operates a vessel on the waters of Grosse Ile Township is considered to have given consent to chemical tests of his or her blood, breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance, or both, in his or her blood in all of the following circumstances:
(a) 
The person is arrested for a violation of Subsection A(1) or (3).
(b) 
The person is arrested for negligent homicide, manslaughter, or murder resulting from the operation of a vessel and the peace officer had reasonable grounds to believe that the person was operating the vessel while impaired by, or under the influence of, intoxicating liquor or a controlled substance, or both, or while having a blood alcohol content of 0.10 gram or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
(2) 
A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician shall not be considered to have given consent to the withdrawal of blood.
(3) 
A chemical test described in Subsection L(1) shall be administered as provided in Subsections F and G.
M. 
Refusal to submit to chemical test at request of peace officer; obtaining court order; forwarding report to Secretary of State.
(1) 
If a person refuses the request of a peace officer to submit to a chemical test offered pursuant to Subsection F or G, a test shall not be given without a court order, but the officer may seek to obtain the court order.
(2) 
If a person refuses a chemical test offered pursuant to Subsection F and G, the peace officer who requested the person to submit to the test shall immediately forward a written report to the Secretary of State. The report shall state that the officer had reasonable grounds to believe the person committed a crime described in Subsection A(1) or Subsection L(1) and that the person refused to submit to the test upon the request of the peace officer and has been advised of the consequences of the refusal. The form of the report shall be prescribed and furnished by the Secretary of State.
N. 
Refusal to submit to chemical test; notice of right to request hearing.
(1) 
If a person refuses to submit to a chemical test pursuant to Subsection F or G, the peace officer shall immediately notify the person in writing that within 14 days of the date of the notice the person may request a hearing as provided in Subsection O. The form of the notice shall be prescribed and furnished by the Secretary of State.
(2) 
The notice shall specifically state that failure to request a hearing within 14 days will result in issuance of an order that the person not operate a vessel on the waters of this state. The notice shall also state that there is not a requirement that the person retain counsel for the hearing, though counsel is permitted to represent the person at the hearing.
O. 
Refusal to submit to chemical test; failure to request hearing; manner and conditions of hearing if requested; record of proceedings; order; petitions to review order or to review determination of hearing officer.
(1) 
If a person who refuses to submit to a chemical test pursuant to Subsection F or G does not request a hearing within 14 days of the date of notice pursuant to Subsection N, the Secretary of State shall issue an order that the person not operate a vessel on the waters of this state for six months or, for a second or subsequent refusal within seven years, for one year.
(2) 
If a hearing is requested, the Secretary of State shall hold the hearing in the same manner and under the same conditions as provided in Section 322 of the Michigan Vehicle Code, Act No. 300 of the Public Acts of 1949, being MCL § 257.322. A person shall not order a hearing officer to make a particular finding on any issue enumerated under Subsection O(2)(a) to (d). Not less than five days' notice of the hearing shall be mailed to the person requesting the hearing, to the peace officer who filed the report under Subsection M and, if the prosecuting attorney requests receipt of the notice, to the prosecuting attorney of the county where the arrest was made. The hearing officer may administer oaths, issue subpoenas for the attendance of necessary witnesses, and grant a reasonable request for an adjournment. Not more than one adjournment shall be granted to a party, and the length of an adjournment shall not exceed 14 days. A hearing under this subsection shall be scheduled to be held within 45 days after the date of arrest and, except for delay attributable to the unavailability of the defendant, a witness, or material evidence or to an interlocutory appeal or exceptional circumstances, but not for delay attributable to docket congestion, shall be finally adjudicated within 77 days after the date of arrest. The hearing shall cover only the following issues:
(a) 
Whether the peace officer had reasonable grounds to believe that the person had committed a crime described in Subsection A(1) or Subsection L(1).
(b) 
Whether the person was placed under arrest for a crime described in Subsection A(1) or Subsection L(1).
(c) 
If the person refused to submit to the test upon the request of the officer, whether the refusal was reasonable.
(d) 
Whether the person was advised of his or her rights under Subsection F.
(3) 
The hearing officer shall make a record of proceedings held pursuant Subsection O(2). The record shall be prepared and transcribed in accordance with Section 86 of the Administrative Procedures Act of 1969, Act No. 306 of the Public Acts of 1969, being MCL § 24.286. Upon notification of the filing of a petition for judicial review in circuit court and not less than 10 days before the matter is set for review, the hearing officer shall transmit to the court in which the petition is filed the original or a certified copy of the official record of the proceedings. The parties to the proceedings for judicial review may stipulate that the record be shortened. A party unreasonably refusing to stipulate to a shortened record may be taxed by the court in which the petition is filed for the additional costs. The court may permit subsequent corrections to the record.
(4) 
After a hearing, if the person who requested the hearing does not prevail, the Secretary of State shall order that the person not operate a vessel on the waters of this state for six months or, for a second or subsequent refusal within seven years, for one year. The person may file a petition in the circuit court of the county in which the arrest was made to review the order. If after the hearing the person who requested the hearing prevails, the peace officer who filed the report under Subsection M may, with the consent of the prosecuting attorney, file a petition in the circuit court of the county in which the arrest was made to review the determination of the hearing officer.
P. 
Order not to operate vessel on waters of state; convictions requiring issuance of order by Secretary of State; effectiveness of order if more than one conviction results from the same incident.
(1) 
Notwithstanding a court order issued under Subsection A(1) or (3), Subsections J and K, former Section 171(1), (3), (4) or (5), 181 or 182 of the Marine Safety Act, former Section 73 or 73b of the Marine Safety Act, or a local ordinance substantially corresponding to Subsection A(1) or (3), J or K of this section, or former Section 73 or 73b of the Marine Safety Act, if a court has not ordered a person not to operate a vessel as authorized by this chapter, the Secretary of State shall issue an order that the person not operate a vessel on the waters of this state for not less than six months nor more than two years, if the person has the following convictions within a seven-year period, whether under the law of the State of Michigan, a local ordinance substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of the State of Michigan:
(a) 
One conviction under Subsection A(1), former Section 171(1) of the Marine Safety Act, or former Section 73 of the Marine Safety Act.
(b) 
Any combination of two convictions under Subsection A(3), former Section 171(3) of the Marine Safety Act, or former Section 73b of the Marine Safety Act.
(c) 
One conviction under Subsection A(1), former Section 171(1) of the Marine Safety Act, or former Section 73 of the Marine Safety Act and one conviction under Subsection A(3), former Section 171(3) of the Marine Safety Act, or former Section 73b of the Marine Safety Act.
(2) 
If the Secretary of State receives records of more than one conviction of a person resulting from the same incident, an order not to operate shall be issued solely for that violation for which an order could be effective for the longest period of time under this Subsection P.
Q. 
Failure to answer citation or notice to appear in court or comply with judgment or order; notice of issuance of order without expiration date; conditions terminating order.
(1) 
If a person is charged with or convicted of a violation of Subsection A(1), (2) or (3), or a local ordinance substantially corresponding to Subsection A(1), (2) or (3), and the person fails to answer a citation or a notice to appear in court, or for any matter pending, or fails to comply with an order or judgment of the court, including but not limited to paying all fines, costs, and crime victim rights assessments, the court shall immediately give notice by first-class mail sent to the person's last known address that if the person fails to appear within seven days after the notice is issued or fails to comply with the order or judgment of the court, including but not limited to paying all fines, costs, and crime victim rights assessments, within 14 days after the notice is issued, the Secretary of State will issue an order with no expiration date that the person not operate a vessel on the waters of this state. If the person fails to appear within the seven-day period or fails to comply with the order or judgment of the court, including but not limited to paying all fines, costs, and crime victim rights assessments, within the fourteen-day period, the court shall immediately inform the Secretary of State, who shall immediately issue the order and send a copy to the person by personal service or first-class mail sent to the person's last known address.
(2) 
An order imposed under Subsection Q(1) remains in effect until both of the following occur:
(a) 
The court informs the Secretary of State that the person has appeared before the court and that all matters relating to the violation are resolved.
(b) 
The person has paid to the court an administrative order processing fee of $25.
A. 
A person who is ordered not to operate a vessel on the waters of this state or of the Township of Grosse Ile and who has been notified of the order by personal service or first-class mail shall not operate a vessel on the waters of Grosse Ile Township. A person shall not knowingly permit a vessel owned by the person to be operated on the waters of Grosse Ile Township by a person who is subject to such an order. A person who violates this subsection is guilty of a misdemeanor punishable as follows:
(1) 
By imprisonment for not more than 90 days or by a fine of not more than $500, or both.
(2) 
For a second or subsequent violation punishable under this subsection, by imprisonment for not more than 90 days or a fine of not more than $1,000, or both.
B. 
Upon receiving a record of the conviction of a person upon a charge of unlawful operation of a vessel while the person is subject to an order not to operate a vessel on the waters of Grosse Ile Township, the Secretary of State shall immediately extend the length of the order for an additional like period. If the Secretary of State receives records of more than one conviction resulting from the same incident, all of the convictions shall be treated as a single violation for purposes of extending the length of an order under this subsection.
C. 
Before a person is arraigned before a judge or district court magistrate on a charge of violating this section, the arresting officer shall obtain the boating record of the person from the Secretary of State and shall furnish the record to the court. The boating record of the person may be obtained from the Secretary of State's computer information network.
D. 
This section does not apply to a person who operates a vessel solely for the purpose of protecting human life or property, if the life or property is endangered and the summoning or giving of prompt aid is essential.
E. 
If a person is convicted of violating Subsection A, the court shall order confiscation of the vessel's certificate of number and cancellation of the vessel's registration numbers, unless the vessel was stolen or permission to use the vessel was not knowingly given. The Secretary of State shall not assign a registration number to or issue a certificate of number for a vessel whose number is canceled and certificate confiscated until after the expiration of 90 days after the cancellation or confiscation, whichever is later.
A. 
When a person is convicted under § 153-31A, the vessel, if it is owned in whole or in part by that person, shall be ordered impounded for not less than 30 nor more than 120 days from the date of judgment. An order of impoundment issued pursuant to this subsection is valid throughout the state. Any peace officer may execute the impoundment order. The order shall include the implied consent of the owner of the vessel to the storage for insurance coverage purposes.
B. 
The owner of a vessel impounded pursuant to this section is liable for expenses incurred in the removal and storage of the vessel whether or not the vessel is returned to him or her. The vessel shall be returned to the owner only if the owner pays the expenses for removal and storage. If redemption is not made or the vessel is not returned as provided in this section within 30 days after the time set in the impoundment order for return of the vessel, the vessel shall be considered abandoned.
C. 
Nothing in this section affects the rights of a conditional vendor, chattel mortgagee, or lessor of a vessel registered in the name of another person as owner who becomes subject to this chapter.
A conviction based on a plea of nolo contendere shall be treated in the same manner as a conviction based upon a plea of guilty or a finding of guilt for all purposes under this chapter.
A. 
When wind conditions on the Great Lakes attain a magnitude whereby 1/3 of the waves resulting from the conditions cause any public dock, pier, wharf, or retaining wall to be awash, it constitutes a state not conducive to the orderly and safe use and occupancy of those structures.
B. 
When the conditions described in Subsection A exist, any harbormaster, peace or police officer, or other authorized official may rope off or barricade entry to these structures or post in a conspicuous manner notices that entry on those structures for the purpose of fishing, swimming, or other recreational activity is prohibited.
C. 
A person shall not knowingly enter or remain upon any public dock, pier, wharf, or retaining wall for the purpose of fishing, swimming, or other recreational activity when the structure is roped, cabled, or otherwise barricaded in a manner designed to exclude intruders, when notice against entry is given by posting in a conspicuous manner, or when notice to leave or stay off is personally communicated to that person by a peace or police officer or other authorized official of the local unit of government.
A. 
Watercraft subject to this chapter shall be:
(1) 
Of sound and substantial construction and in good seaworthy condition.
(2) 
Equipped by the livery operator with oars and paddles, as hereinafter provided, which shall be of sturdy construction and without holes, large chips, or cracks which will diminish their operation effectiveness or structural strength. This subsection applies to all watercraft, including those propelled by machinery or sail. Watercraft with oarlock sockets shall be equipped with not fewer than two oars and two oarlock horns. Watercraft without oarlock sockets shall be equipped with not fewer than two paddles.
(3) 
Equipped by the livery operator with an anchor of sufficient size and weight and an anchor line of sufficient strength and length to accommodate the watercraft in normal depth of the waters on which it is to be used. This requirement does not apply to canoes.
(4) 
Equipped by the livery operator with one lifesaving cushion or other approved lifesaving device, in good condition, per person. Lifesaving equipment shall be of the type approved by the United States Coast Guard and shall bear a stamp or label indicating such approval. Other equipment currently prescribed by law shall also be carried on board.
(5) 
Provided with sufficient buoyancy to keep the watercraft from sinking when it is filled with water and passengers are clinging to it if the aggregate weight of motor, passengers, and equipment carried in or attached to the watercraft does not exceed its maximum weight capacity, as determined by the maximum weight capacity formula contained in these rules.
B. 
Pontoon boats shall meet the following deck requirements:
(1) 
The deck shall not exceed the width at the pontoons.
(2) 
The deck shall not be greater than six inches above the pontoons.
(3) 
The deck length within railings shall not be greater than 80% of pontoon length and shall not overhang the pontoons.
(4) 
The deck shall drain freely.
A. 
Generally. The sheriff of each county or any peace officer duly authorized by him shall issue to the owner, for each watercraft, a maximum capacity tag. This tag shall be placed by or in the presence of the inspecting officer on the watercraft in such a location and manner as to be clearly visible and legible from the position designed or normally intended to be occupied by the operator of the watercraft when underway.
B. 
Watercraft for use with outboard motors. The capacity tag for a watercraft for use with an outboard motor shall contain:
(1) 
The total weight of persons, motor, gear, and other articles placed aboard which the watercraft is capable of carrying with safety under normal conditions.
(2) 
The recommended number of persons commensurate with the weight capacity of the watercraft at a presumed weight of 150 pounds per person.
(3) 
The maximum horsepower of the motor the watercraft is designed or intended to accommodate.
(4) 
A notice that the information appearing on the capacity tag applies under normal conditions and that the weight of the outboard motor and its associated equipment is considered to be part of the weight capacity.
C. 
Watercraft not for use with outboard motors. The capacity tag for a watercraft not for use with an outboard motor, such as a canoe, rowboat, inboard boat, or inboard-outboard boat, shall contain:
(1) 
The total weight of persons, gear, and other articles placed aboard which the watercraft is capable of carrying with safety under normal conditions.
(2) 
The recommended number of person commensurate with the weight capacity of the watercraft at a presumed weight of 150 pounds per person.
(3) 
A notice that the information appearing on the capacity plate applies under normal conditions.
A. 
The capacity tag shall contain the weight capacity of the watercraft determined as hereinafter provided.
B. 
The weight capacity of a watercraft for use with an outboard motor, except a watercraft dependent solely upon the buoyancy of pontoons or similar flotation devices, shall be determined by either of the following methods:
(1) 
The formula WC = 7 1/2 LBD, where WC is the weight capacity in pounds, L is the center-line length, B is the maximum beam amidships, and D is the effective depth figured from keel to lowest freeboard.
(2) 
Reference to the manufacturer's capacity tag installed in a watercraft if manufactured or offered for original sale in this state on or after January 1, 1968, or in accordance with standards approved by the State of Michigan Waterways Commission or its successor.
C. 
The weight capacity of a watercraft with a permanently installed engine, except watercraft dependent solely upon the buoyancy of pontoons or similar flotation devices, shall be determined in the same manner as for watercraft for use with outboard motors, except that the weight of all machinery and associated operating gear, including battery, fuel, and fuel system, shall be subtracted.
D. 
The weight capacity of a watercraft dependent solely upon the buoyancy of pontoons or similar flotation devices shall be determined by applying the formula WC = [(621/2V) - Boat Wgt.]: 2, where WC is the weight capacity of the watercraft and V is the volume of both pontoons. If equipped with a permanently installed engine, the weight of all machinery and associated operating gear, including battery, fuel, and fuel system, shall be subtracted from the weight capacity.
E. 
The weight capacity of a rowboat and any other watercraft for use without an outboard motor shall be determined in the same manner as for a watercraft for use with an outboard motor, following the formula expressed as WC = 7 1/2 LBD.
F. 
The weight capacity of a canoe shall be determined by the formula WC = 7 1/2 LBD x 2.
G. 
The livery operator shall provide the inspecting officer with information relative to the weight of the watercraft either by reference to the manufacturer's rating or by actual weighing of the watercraft.
A. 
The horsepower capacity of an outboard watercraft, excepting canoes or pontoon craft, shall be determined by either of the following methods:
(1) 
The horsepower capacity of an outboard watercraft, other than a canoe, and except one dependent solely upon the buoyancy of pontoons or similar flotation devices, shall not exceed the value given by the Boat Horsepower Table in Figure 1. The horsepower capacity of an outboard watercraft, other than a canoe, and dependent solely upon the buoyancy of pontoons or similar flotation devices shall not exceed the value given by multiplying the cubic feet of flotation in the pontoons by the pontoon length in feet and dividing by the pontoon diameter in inches. If the pontoons are not circular in cross section, the diameter of the largest circle that can be inscribed in the pontoon shall be used.
(2) 
By reference to a manufacturer's capacity plate installed in a watercraft, if manufactured or offered for original sale in this state on or after January 1, 1968, or in accordance with standards approved by the State of Michigan Waterways Commission or its successor, or the horsepower capacity recommended by the livery operator, whichever is the lesser.
Figure 1
Boat Horsepower Table
Multiply overall length _________ x stern width ________ = Factor (both measurements in decimal feet)
(nearest whole number)
Remote steering and 20" or equivalent
No remote steering or transom less than 20" or equivalent
Factor is under
40 40-45 46-49 50-53 54-57
over 57
over 57
H.P. Cap is 5 10 15 20 25
(2 x Factor) –90
(3/4 Factor) –20
H.P. Cap = __________(raise to even 5 h.p. increment)
B. 
Horsepower capacity for canoes. The horsepower capacity for canoes shall be determined by the following table, or by the horsepower capacity recommended by the livery operator, whichever is the lesser:
Length of Canoe
(feet)
Horsepower
Under 15
4
15 to 18
5
Over 18
8
Passenger capacity shall be determined by applying that one of the following formulas resulting in the lesser capacity:
A. 
(WC - M):150, where M is the weight of the largest outboard motor and associated operating equipment which the watercraft is represented to accommodate if usable with outboard motor and 150 is the presumed pound weight per person. For a watercraft with an inboard or inboard-outboard motor, divide WC by 150.
B. 
Boat length multiplied by the maximum boat beam divided by 15. This formula is not applicable to canoes.
A. 
Applicability. This section regarding the numbering of vessels and motorboats applies to all motorboats and all other vessels 12 feet in length or over which are required to be numbered or to display a decal indicating payment of fees under the state laws of Michigan and which are operated on any waters within the territorial limits of Grosse Ile Township.
B. 
Form of number.
(1) 
Each number required by the Act shall consist of capital letters MC denoting the State of Michigan followed by four numerals followed by two capital letters (example: MC 0000 AA).
(2) 
A number suffix shall not include the letters I, O, or Q which may be mistaken for numerals.
C. 
Display, size and color of number.
(1) 
Each number required by this chapter or the state laws of Michigan shall meet all of the following requirements. It shall:
(a) 
Be painted on or permanently attached to each side of the forward half of the vessel or motorboat except as allowed by Subsection C(2) or required by Subsection C(3).
(b) 
Be in plain vertical block characters of not less than three inches in height.
(c) 
Contrast with the color of the background and be distinctly visible and legible.
(d) 
Have spaces or hyphens that are equal to the width of the letter "M" between the letter and number groupings (example: MC 0000 AA or MC-0000-AA).
(e) 
Read from left to right.
(f) 
Be as high above the water line as practical.
(2) 
When a vessel or motorboat is used by a manufacturer or dealer for testing or demonstrating, the number may be painted on or attached to removable plates that are temporarily but firmly attached to each side of the forward half of the vessel or motorboat.
(3) 
On vessels or motorboats so configured that a number on the hull or superstructure would not be easily visible, the number must be painted on or attached to a backing plate that is attached to the forward half of the vessel or motorboat so that the number is visible from each side of the vessel or motorboat.
D. 
Other numbers prohibited. A person may not use a vessel or motorboat to which this chapter applies that has any number that is not issued by the Secretary of State for that vessel or motorboat on its forward half.
E. 
Decals.
(1) 
Each decal required by the laws of the State of Michigan to indicate payment of fees required of vessels documented by the United States Coast Guard or federal agency successor thereto shall be:
(a) 
Identical to the validation decal prescribed in R281.1208 of the Michigan Administrative Code.
(b) 
Permanently affixed to each side of the forward half of the vessel.
(c) 
As high above the water line as practical.
(2) 
When a decal is lost, destroyed, or defaced, the owner of the documented vessel shall apply to the Secretary of State for a duplicate decal.
F. 
Removal of number. The person whose name appears on a certificate of number as the owner of a motorboat or vessel shall remove the number and validation decal from the vessel when one of the following occurs:
(1) 
The motorboat or vessel is documented by the United States Coast Guard or federal agency successor thereto; however, the decal prescribed in R281.1206 of the Michigan Administrative Code shall then be displayed.
(2) 
The certificate of number is invalid under the Act.
(3) 
The motorboat or vessel is no longer principally used in this state.
G. 
Validation decals; display; size; color.
(1) 
The validation decal required by the laws of the State of Michigan shall meet the following requirements. It shall:
(a) 
Be permanently attached to each side of the forward half of the motorboat or vessel.
(b) 
Be approximately three inches square.
(c) 
Indicate the year in which the decal expires by the colors blue, international orange, green, and red, in rotation beginning with blue decals that expire in 1973 (example: decal expires December 31, 1973, blue; expires December 31, 1974, international orange; expires December 31, 1975, green; expires December 31, 1976, red; expires December 31, 1977, blue, etc.).
(d) 
Be displayed on each side of the motorboat or vessel three inches beyond the last letter of the assigned number and on the same strake or level as the number.
(2) 
When a validation decal is lost, destroyed, or defaced, the owner of the motorboat or vessel shall apply to the Secretary of State for a duplicate.
A. 
When, as a result of an occurrence that involves a vessel or its equipment, a person dies or disappears from a vessel, the operator shall notify without delay, by the quickest means available, the sheriff of the county in which the collision, accident or other casualty occurred or the nearest peace officer or state police post of the following:
(1) 
The date, time and exact location of the occurrence.
(2) 
The name of each person who died or disappeared.
(3) 
The number and name of the vessel.
(4) 
The names and addresses of the owner and operator.
B. 
When the operator of a vessel cannot give the notice required by Subsection A, each person on board the vessel shall give the required notice or determine that the notice has been given.
A. 
The report required by the laws of the State of Michigan shall be made by the operator of a vessel when, as a result of an occurrence that involves the vessel or its equipment, any of the following occur:
(1) 
A person dies.
(2) 
A person loses consciousness or receives medical treatment or is disabled for more than 24 hours.
(3) 
Damage to the vessel and other property damage totals more than $100.
(4) 
A person disappears from the vessel under circumstances that indicate death or injury.
B. 
The report required by the laws of the State of Michigan shall be made as follows:
(1) 
Within 48 hours of the occurrence if a person dies within 24 hours of the occurrence.
(2) 
Within 48 hours of the occurrence if a person loses consciousness or receives medical treatment or is disabled for more than 24 hours or disappears from a vessel.
(3) 
Within five days of the occurrence or death if an earlier report is not required by this Subsection B.
C. 
When the operator of a vessel cannot make the report required by law, the owner shall make the report.
A. 
Applicability. This section pertaining to equipment applies to vessels and associated equipment used, to be used, or carried in vessels used on any waters within the Township of Grosse Ile, except:
(1) 
Foreign vessels temporarily using waters subject to state jurisdiction.
(2) 
Military or public vessels of the United States, except recreational-type public vessels.
(3) 
A vessel whose owner is a state or political subdivision thereof, other than this state and its political subdivisions, which is used principally for governmental purposes, and which is clearly identifiable as such.
(4) 
A ship's lifeboat.
B. 
Navigation lights. Navigation lights shall be of sufficient intensity so that the candlepower outside the lens is not less than that amount corresponding to the required distance of visibility as described in R281.1233 of the Michigan Administrative Code, as amended.
C. 
Personal flotation devices.
(1) 
Personal flotation devices required by this chapter to be carried aboard vessels shall be of the following types:
(a) 
Type I, an approved device designed to turn an unconscious person in the water from a face downward position to a vertical or slightly backward position and to have more than 20 pounds of buoyancy.
(b) 
Type II, an approved device designed to turn an unconscious person in the water from a face down position to a vertical or slightly backward position and to have at least 15.5 pounds of buoyancy.
(c) 
Type III, an approved device designed to keep a conscious person in a vertical or slightly backward position and to have at least 15.5 pounds of buoyancy.
(d) 
Type IV, an approved device designed to be thrown to a person in the water and not worn. It is designed to have at least 16.5 pounds of buoyancy.
(2) 
Personal flotation devices required by this chapter to be carried aboard vessels shall be:
(a) 
Approved by the United States Coast Guard.
(b) 
Legibly marked with the approval number issued by the United States Coast Guard.
(c) 
Of an appropriate size for the person for whom it is intended.
(d) 
Readily accessible and immediately available.
(e) 
In good and serviceable condition.
D. 
Fire-extinguishing equipment.
(1) 
All hand-portable fire extinguishers, semiportable fire-extinguishing systems and fixed fire-extinguishing systems required by this chapter shall be of a type approved by the United States Coast Guard.
(2) 
Hand-portable fire extinguishers and semiportable fire-extinguishing systems are classified by a combination letter and number symbol, the letter indicating the type of fire which the unit could be expected to extinguish and the number indicating the relative size of the unit.
(3) 
For the purpose of this chapter, all required hand-portable fire extinguishers and semiportable fire-extinguishing systems are of the "B" type, that is, suitable for extinguishing fires involving flammable liquids, greases, and so forth.
(4) 
The number designations for size start with "I" for the smallest to "III" for the largest. Sizes I and II are considered hand-portable fire extinguishers, and Size III is considered a semiportable fire-extinguishing system which shall be fitted with a suitable hose and nozzle or other practicable means so that all portions of the space concerned may be covered. Examples of size graduations for some of the typical hand-portable fire extinguishers and semiportable fire-extinguishing systems are as indicated in Table 4 of R281.1285 of the Michigan Administrative Code, as amended.
(5) 
All hand-portable fire extinguishers and semiportable fire-extinguishing systems shall have permanently attached thereto a metallic nameplate giving the name of the item, the rated capacity in gallons, quarts, or pounds, the name and address of the person or firm for whom or which approved, and the identifying mark of the actual manufacturer.
(6) 
Vaporizing-liquid-type fire extinguishers containing carbon tetrachloride or chlorobromomethane or other toxic liquids are not acceptable as equipment required by this chapter.
(7) 
Hand-portable or semiportable extinguishers which are required on their nameplates to be protected from freezing shall not be located where freezing temperatures may be expected.
(8) 
A dry chemical, stored pressure, fire extinguisher not fitted with pressure gauge or indicating device, manufactured prior to January 1, 1965, may be carried on motorboats so long as it is maintained in good and serviceable condition. The following maintenance and inspections are required for such an extinguisher:
(a) 
When the date on the inspection record tag on the extinguisher shows that six months have elapsed since the last weight check ashore, the extinguisher is no longer accepted as meeting required maintenance conditions until reweighed ashore and found to be in a serviceable condition and within required weight conditions.
(b) 
If the weight of the container is 1/4 ounce less than that stamped on the container, it shall be serviced.
(c) 
If the outer seals, which indicate tampering or use when broken, are not intact, the officer shall inspect the extinguisher to see that the frangible disc in the neck of the container is intact, and if the disc is not intact, the container shall be serviced.
(d) 
If there is evidence of damage, use, or leakage, such as dry chemical powder observed in the nozzle or elsewhere on the extinguisher, the container shall be replaced and the extinguisher properly serviced or the extinguisher replaced with another approved extinguisher.
(9) 
A dry chemical, stored pressure, fire extinguisher without pressure gauge or indicating device manufactured after January 1, 1965, shall not be carried on motorboats as required equipment.
(10) 
When a fixed fire-extinguishing system is installed, it shall be of a carbon-dioxide type approved and installed as required by the United States Coast Guard.
(11) 
Fire extinguishers are required if any of the following conditions exist:
(a) 
Closed compartment under thwarts and seats where portable fuel tanks may be stored.
(b) 
Double bottoms not sealed to the hull or which are not completely filled with flotation material.
(c) 
Closed living spaces.
(d) 
Closed compartments in which combustible or flammable materials are stored.
(e) 
Permanently installed fuel tanks.
(12) 
The following conditions do not, in themselves, require that fire extinguishers be carried:
(a) 
Bait wells.
(b) 
Glove compartments.
(c) 
Buoyant flotation material.
(d) 
Open slatted flooring.
(e) 
Ice chests.
E. 
Backfire flame control.
(1) 
Every gasoline engine installed in a motor boat after April 25, 1940, except outboard motors, shall be equipped with an acceptable means of backfire flame control.
(2) 
Installations made before November 19, 1952, need not meet the detailed requirements of this subsection and may be continued in use as long as they are serviceable and in good condition. Replacements shall meet the applicable conditions in this subsection.
(3) 
Installations consisting of backfire flame arresters bearing United States Coast Guard approval No. 162.015 may be continued in use as long as they are serviceable and in good condition. Replacements shall meet the applicable conditions of this subsection.
(4) 
Installations consisting of engine air and fuel induction systems and given United States Coast Guard Approval No. 162.015 may be continued in use as long as they are serviceable and in good condition. Replacements shall meet the applicable conditions of this subsection.
(5) 
The following are acceptable means of backfire flame control for gasoline engines:
(a) 
A backfire flame arrester constructed in accordance with specifications of, and approved by, the United States Coast Guard. The flame arrester shall be suitably secured to the air intake with flame-tight connections.
(b) 
An engine air and fuel induction system which provides adequate protection from propagation of backfire flame to the atmosphere equivalent to that provided by an approved backfire flame arrester. A gasoline engine utilizing an air and fuel induction system and operated without an approved backfire flame arrester shall have the installation tested and labeled in accordance with the specifications of, and approved by, the United States Coast Guard.
(c) 
Any attachment to the carburetor or location of the engine air induction system by means of which flames caused by engine backfire will be dispersed to the atmosphere outside the vessel in such a manner that the flames will not endanger the vessel, persons on board or nearby vessels and structures. All attachments shall be of metallic construction with flame-tight connections and firmly secured to withstand vibration, shock, and engine backfire. The installations do not require formal approval and labeling but will be accepted by state and local law enforcement officers on the basis of compliance with this subsection.
(d) 
Where manufacturers wish to produce vessels having an integrated engine-vessel design, a pre-market approval of an engine air induction system is available. An installation shall be tested and labeled in accordance with the specifications of, and approval by, the United States Coast Guard.
F. 
Ventilation. All motorboats, except open boats, the construction or decking over of which is commenced after April 25, 1940, and which use fuel having a flash point of 110° F. or less, shall have at least two ventilator ducts, fitted with cowls or their equivalent, for the efficient removal of explosive or flammable gases from the bilges of every engine and fuel tank compartment. There shall be at least one exhaust duct installed so as to extend from the open atmosphere to the lower portion of the bilge and at least one intake duct installed so as to extend to a point at least midway to the bilge or at least below the level of the carburetor intake. The cowls shall be located and trimmed for maximum effectiveness and in such a manner so as to prevent displaced fumes from being recirculated.
G. 
Muffler; cutouts. The exhaust of all internal combustion engines used on any waters of Grosse Ile Township shall be muffled effectively by equipment so constructed and used as to muffle the noise of the exhaust or the engine in a reasonable manner. The use of cutouts, bypasses or similar devices is prohibited. A modern device, underwater exhaust system or a system discharging cold water through the exhaust of an inboard engine, each of which is capable of muffling the noise of the exhaust of the engine in a reasonable manner, shall be considered as meeting the requirement of this subsection.
H. 
Violation. A person shall not operate a vessel on waters of Grosse Ile Township unless equipped in accordance with this chapter.
A. 
Outboard motorboats less than 16 feet in length. An outboard motorboat less than 16 feet in length shall be equipped as follows:
(1) 
If the motorboat is not an open boat, it shall be equipped with two ducts fitted with cowls or their equivalent as specified in R281.1237 of the Michigan Administrative Code as amended.
(2) 
One Type I, II, III or IV Coast Guard approved personal flotation device as specified in R281.1234 of the Michigan Administrative Code, as amended, in good and serviceable condition, for each person aboard. The devices shall be ready at hand and not encased in plastic bags or other type containers.
(3) 
If the motorboat is constructed so that it has decking or compartments where explosive or flammable gases may be entrapped as illustrated in Figure 2, it shall be equipped with one BI-type Coast Guard approved fire extinguisher in good and serviceable condition and as specified in R281.1235 of the Michigan Administrative Code, as amended.[1] When a fixed fire-extinguishing system is installed in the machinery space, one less BI-type fire extinguisher is required.
[1]
Editor's Note: Figure 2 is included at the end of this chapter.
(4) 
If underway between sunset and sunrise, the motorboat shall be equipped with an Exhibit 1 white light aft higher than the bowlight showing all around the horizon and visible two miles and a combination twenty-point bowlight forward, showing green to starboard and red to port, visible one mile, or in lieu of this requirement may display lights as specified by the international rules of the road.
(5) 
If the motorboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the motorboat so as to be visible to a boat approaching from any direction.
(6) 
All lights shall be as specified by R281.1233 of the Michigan Administrative Code, as amended.
(7) 
A muffler as specified by R281.1238 of the Michigan Administrative Code, as amended, for each motor.
B. 
Outboard motorboats 16 feet or over and less than 26 feet in length. An outboard motorboat 16 feet or over and less than 26 feet in length shall be equipped as follows:
(1) 
If the motorboat is not an open boat, it shall be equipped with two ducts fitted with cowls or their equivalent as specified in R281.1237 of the Michigan Administrative Code, as amended.
(2) 
One Type I, II, or III Coast Guard approved personal flotation device as specified in R281.1234 of the Michigan Administrative Code, as amended, in good and serviceable condition, for each person aboard, plus one Type IV throwable device. The devices shall be ready at hand and not encased in plastic bags or other type containers.
(3) 
One hand-, mouth- or power-operated whistle, capable of producing a blast of two seconds or more in duration, and audible for at least 1/2 mile.
(4) 
If the motorboat is constructed so that is has decking or compartments where explosive or flammable gases may be entrapped, it shall be equipped with one BI-type Coast Guard approved fire extinguisher in good and serviceable condition and as specified in R281.1235 of the Michigan Administrative Code, as amended. When a fixed fire-extinguishing system is installed in the machinery space, one less BI-type fire extinguisher is required.
(5) 
If underway between sunset and sunrise, the motorboat shall be equipped with an Exhibit 1 white light aft higher than the bowlight showing all around the horizon and visible two miles and a combination twenty-point bowlight forward, showing green to starboard and red to port, visible one mile, or in lieu of this requirement may display lights as specified by the international rules of the road.
(6) 
If the motorboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the motorboat so as to be visible to a boat approaching from any direction.
(7) 
All lights shall be as specified by R281.1233 of the Michigan Administrative Code, as amended.
(8) 
A muffler as specified by R281.1238 of the Michigan Administrative Code, as amended, for each motor.
C. 
Outboard motorboats 26 feet or over and less than 40 feet in length. An outboard motorboat 26 feet or over and less than 40 feet in length shall be equipped as follows:
(1) 
If the motorboat is not an open boat, it shall be equipped with two ducts fitted with cowls or their equivalent as specified in R281.1237 of the Michigan Administrative Code, as amended.
(2) 
One Type I, II, or III Coast Guard approved personal flotation device as specified in R281.1234 of the Michigan Administrative Code, as amended, in good and serviceable condition, for each person aboard, plus one Type IV throwable device. The devices shall be ready at hand and not encased in plastic bags or other type containers.
(3) 
An efficient fog bell which, when struck, produces a clear bell-like tone of full round characteristics.
(4) 
One hand- or power-operated whistle capable of producing a blast of two seconds or more duration and audible for a distance of at least one mile.
(5) 
If the motorboat is constructed so that it has decking or compartments where explosive or flammable gases may be entrapped, it shall be equipped with two BI-type Coast Guard approved hand-portable fire extinguishers in good and serviceable condition and as specified in R281.1235 of the Michigan Administrative Code, as amended. One BII-type Coast Guard approved fire extinguisher may be substituted for two BI types. When a fixed fire-extinguishing system is installed in the machinery space, one less BI-type fire extinguisher is required.
(6) 
If underway between sunset and sunrise, the motorboat shall be equipped with an Exhibit 1 white light aft higher than the bowlight showing all around the horizon and visible two miles, one white light forward showing 20 points and visible two miles, a green light to starboard showing 10 points and visible one mile and a red light to port showing 10 points and visible one mile, or in lieu of this requirement may display lights as specified by the international rules of the road.
(7) 
If the motorboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the motorboat so as to be visible to a boat approaching from any direction.
(8) 
All lights shall be as specified by R281.1233 of the Michigan Administrative Code, as amended.
(9) 
A muffler as specified by R281.1238 of the Michigan Administrative Code, as amended, for each motor.
D. 
Outboard motorboats 40 feet or over and not more than 65 feet in length. An outboard motorboat 40 feet or over and not more than 65 feet in length shall be equipped as follows:
(1) 
If the motorboat is not an open boat, it shall be equipped with two ducts fitted with cowls or their equivalent as specified in R281.1237 of the Michigan Administrative Code, as amended.
(2) 
One Type I, II, or III Coast Guard approved personal flotation device as specified in R281.1234 of the Michigan Administrative Code, as amended, in good and serviceable condition, for each person aboard, plus one Type IV throwable device. The devices shall be ready at hand and not encased in plastic bags or other containers.
(3) 
An efficient fog bell which, when struck, produces a clear bell-like tone of full round characteristics.
(4) 
One power-operated whistle capable of producing a blast of two seconds or more duration and audible for a distance of at least one mile.
(5) 
If the motorboat is constructed so that it has decking or compartments where explosive or flammable gases may be entrapped, it shall be equipped with three BI-type Coast Guard approved hand-portable fire extinguishers in good and serviceable condition and as specified in R281.1235 of the Michigan Administrative Code, as amended. One BII-type Coast Guard approved fire extinguisher may be substituted for two BI types. When a fixed fire-extinguishing system is installed in the machinery space, one less BI-type fire extinguisher is required.
(6) 
If underway between sunset and sunrise, the motorboat shall be equipped with an Exhibit 1 white light aft higher than the bowlight showing all around the horizon and visible two miles, one white light forward showing 20 points and visible two miles, a green light to starboard showing 10 points and visible one mile and a red light to port showing 10 points and visible one mile, or in lieu of this requirement may display lights as specified by the international rules of the road.
(7) 
If the motorboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the motorboat so as to be visible to a boat approaching from any direction.
(8) 
All lights shall be as specified by R281.1233 of the Michigan Administrative Code, as amended.
(9) 
A muffler as specified by R281.1238 of the Michigan Administrative Code, as amended, for each motor.
A. 
Inboard and inboard-outboard motorboats less than 16 feet in length. An inboard or inboard-outboard motorboat less than 16 feet in length shall be equipped as follows:
(1) 
One Coast Guard approved backfire flame arrester as specified in R281.1236 of the Michigan Administrative Code, as amended, on each carburetor of all gasoline engines.
(2) 
At least two ducts fitted with cowls or their equivalent as specified in R281.1237 of the Michigan Administrative Code, as amended.
(3) 
One Type I, II, III or IV Coast Guard approved personal flotation device as specified in R281.1234 of the Michigan Administrative Code, as amended, in good and serviceable condition for each person aboard. The devices shall be ready at hand and not encased in plastic bags and other containers.
(4) 
One BI-type Coast Guard approved hand-portable fire extinguisher in good and serviceable condition and as specified in R281.1235 of the Michigan Administrative Code, as amended. When a fixed fire-extinguishing system is installed in the machinery space, one less BI-type fire extinguisher is required.
(5) 
If underway between sunset and sunrise, the motorboat shall be equipped with an Exhibit 1 white light aft higher than the bowlight showing all around the horizon and visible two miles and a combination twenty-point bowlight forward, showing green to starboard and red to port, visible one mile, or in lieu of this requirement may display lights as specified by the international rules of the road.
(6) 
If the motorboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the motorboat so as to be visible to a boat approaching from any direction.
(7) 
All lights shall be as specified by R281.1233 of the Michigan Administrative Code, as amended.
B. 
Inboard and inboard-outboard motorboats 16 feet or over and less than 26 feet in length. An inboard or inboard-outboard motorboat 16 feet or over and less than 26 feet in length shall be equipped as follows:
(1) 
One Coast Guard approved backfire flame arrester as specified in R281.1236 of the Michigan Administrative Code, as amended, on each carburetor of all gasoline engines.
(2) 
At least two ducts fitted with cowls or their equivalent as specified in R281.1237 of the Michigan Administrative Code, as amended.
(3) 
One Type I, II, or III Coast Guard approved personal flotation device as specified in R281.1234 of the Michigan Administrative Code, as amended, in good and serviceable condition for each person aboard, plus one Type IV throwable device. The devices shall be ready at hand and not encased in plastic bags or other containers.
(4) 
One hand-, mouth- or power-operated whistle capable of producing a blast of two seconds or more duration and audible for at least 1/2 mile.
(5) 
One BI-type Coast Guard approved hand-portable fire extinguisher in good and serviceable condition and as specified in R281.1235 of the Michigan Administrative Code, as amended. When a fixed fire-extinguishing system is installed in the machinery space, one less BI-type fire extinguisher is required.
(6) 
If underway between sunset and sunrise, the motorboat shall be equipped with an Exhibit 1 white light aft higher than the bowlight showing all around the horizon and visible two miles and a combination twenty-point bowlight forward, showing green to starboard and red to port, visible one mile, or in lieu of this requirement may display lights as specified by the international rules of the road.
(7) 
If the motorboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the motorboat so as to be visible to a boat approaching from any direction.
(8) 
All lights shall be as specified by R281.1233 of the Michigan Administrative Code, as amended.
(9) 
A muffler as specified by R281.1238 of the Michigan Administrative Code, as amended, for each motor.
C. 
Inboard and inboard-outboard motorboats 26 feet and over and less than 40 feet in length. An inboard or inboard-outboard motorboat 26 feet or over and less than 40 feet in length shall be equipped as follows:
(1) 
One Coast Guard approved backfire flame arrester as specified in R281.1236 of the Michigan Administrative Code, as amended, on each carburetor of all gasoline engines.
(2) 
At least two ducts fitted with cowls or their equivalent as specified in R281.1237 of the Michigan Administrative Code, as amended.
(3) 
An efficient fog bell which, when struck, produces a clear, bell-like tone of full round characteristics.
(4) 
One hand- or power-operated whistle capable of producing a blast of two seconds or more duration and audible for a distance of at least one mile.
(5) 
One Type I, II or III Coast Guard approved personal flotation device as specified in R281.1234 of the Michigan Administrative Code, as amended, in good and serviceable condition for each person aboard, plus one Type IV throwable device. The devices shall be ready at hand and not encased in plastic bags or other containers.
(6) 
At least two BI-type Coast Guard approved hand-portable fire extinguishers in good and serviceable condition and as specified in R281.1235 of the Michigan Administrative Code, as amended. One BII-type Coast Guard approved fire extinguisher may be substituted for two BI types. When a fixed fire-extinguishing system is installed in the machinery space, one less BI-type fire extinguisher is required.
(7) 
If underway between sunset and sunrise, the motorboat shall be equipped with an Exhibit 1 white light aft higher than the bowlight showing all around the horizon and visible two miles, one white light forward showing 20 points and visible two miles, a green light to starboard showing 10 points and visible one mile and a red light to port showing 10 points and visible one mile, or in lieu of this requirement may display lights as specified by the international rules of the road.
(8) 
If the motorboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the motorboat so as to be visible to a boat approaching from any direction.
(9) 
All lights shall be as specified by R281.1233 of the Michigan Administrative Code, as amended.
(10) 
A muffler as specified by R281.1238 of the Michigan Administrative Code, as amended, for each motor.
D. 
Inboard and inboard-outboard motorboats 40 feet and over and not more than 65 feet in length. An inboard or inboard-outboard motorboat 40 feet or over and not more than 65 feet in length shall be equipped as follows:
(1) 
One Coast Guard approved backfire flame arrester as specified in R281.1236 of the Michigan Administrative Code, as amended, on each carburetor of all gasoline engines.
(2) 
At least two ducts fitted with cowls or their equivalent as specified in R281.1237 of the Michigan Administrative Code, as amended.
(3) 
An efficient fog bell which, when struck, produces a clear bell-like tone of full round characteristics.
(4) 
One power-operated whistle, capable of producing a blast of two seconds or more duration and audible a distance of at least one mile.
(5) 
One Type I, II or III Coast Guard approved personal flotation device as specified in R281.1234 of the Michigan Administrative Code, as amended, in good and serviceable condition for each person aboard, plus one Type IV throwable device. The devices shall be ready at hand and not encased in plastic bags or other containers.
(6) 
At least three BI-type Coast Guard approved hand-portable fire extinguishers in good and serviceable condition and as specified in R281.1235 of the Michigan Administrative Code, as amended. One BII-type Coast Guard approved fire extinguisher may be substituted for two BI types. When a fixed fire-extinguishing system is installed in the machinery space, one less BI-type fire extinguisher is required.
(7) 
If underway between sunset and sunrise, the motorboat shall be equipped with an Exhibit 1 white light aft higher than the bowlight showing all around the horizon and visible two miles, one white light forward showing 20 points and visible two miles, a green light to starboard showing 10 points and visible one mile and a red light to port showing 10 points and visible one mile, or in lieu of this requirement may display lights as specified by the international rules of the road.
(8) 
If the motorboat is anchored between sunset and sunrise on the Great Lakes or water connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the motorboat so as to be visible to a boat approaching from any direction.
(9) 
All lights shall be as specified by R281.1233 of the Michigan Administrative Code.
(10) 
A muffler as specified by R281.1238 of the Michigan Administrative Code, as amended, for each motor.
A. 
Sailboat without motor, less than 16 feet in length. A sailboat without a motor and less than 16 feet in length shall be equipped as follows:
(1) 
One Type I, II, III or IV Coast Guard approved personal flotation device as specified in R281.1234 of the Michigan Administrative Code, as amended, in good and serviceable condition for each person aboard. The devices shall be ready at hand and not encased in plastic bags or other containers.
(2) 
If underway between sunset and sunrise, the sailboat shall be equipped with a lantern showing a white light which shall be ready at hand and which shall be exhibited in sufficient time to prevent collision.
(3) 
If the sailboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the sailboat so as to be visible to a boat approaching from any direction.
B. 
Sailboat without motor, 16 feet or over in length. A sailboat without a motor and 16 feet or over in length shall be equipped as follows:
(1) 
One Type I, II, III or IV Coast Guard approved personal flotation device as specified in R281.1234 of the Michigan Administrative Code, as amended, in good and serviceable condition for each person aboard, plus one Type IV throwable device. The devices shall be ready at hand and not encased in plastic bags or other containers.
(2) 
If underway between sunset and sunrise, the sailboat shall be equipped with a lantern showing a white light which shall be ready at hand and which shall be exhibited in sufficient time to prevent collision.
(3) 
If the sailboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the sailboat so as to be visible to a boat approaching from any direction.
A sailboat with a motor shall be equipped as follows:
A. 
Personal flotation devices, backfire flame arresters, ventilation ducts and cowls, fire extinguishers, whistles and bells and mufflers, as required by these rules for motorboats of the same length.
B. 
If underway between sunset and sunrise shall be equipped with and exhibit navigation lights as required by these rules for motorboats of the same length, except:
(1) 
A sailboat 26 feet or over in length under sail alone on the Great Lakes and waters connected thereto between sunset and sunrise shall be equipped with and exhibit a green light to starboard showing 10 points and visible one mile and a red light to port showing 10 points and visible one mile and a lantern showing a white light which shall be ready at hand and which shall be exhibited in sufficient time to prevent collision.
(2) 
If the sailboat is anchored between sunset and sunrise on the Great Lakes or waters connected thereto and not in a special anchorage area, a white light shall be displayed on the forward part of the sailboat so as to be visible to a boat approaching from any direction. In lieu of these lighting requirements sailboats may display lights as specified by the international rules of the road.
A. 
A rowboat shall be equipped with personal flotation devices as required by this chapter for a motorboat of the same length.
B. 
If underway between sunset and sunrise a rowboat shall be equipped with a lantern showing a white light which shall be ready at hand and which shall be exhibited in sufficient time to prevent collision.
A. 
A canoe or kayak shall be equipped with one Type I, II, III or IV Coast Guard approved personal flotation device as specified in R281.1234 of the Michigan Administrative Code, as amended, in good and serviceable condition for each person aboard. The devices shall be ready at hand and not encased in plastic bags or other type containers.
B. 
If underway between sunset and sunrise a canoe or kayak shall be equipped with a lantern showing a white light which shall be ready at hand and which shall be exhibited in sufficient time to prevent collision.
A. 
Speed within 1,000 feet of shore, dock or pierhead. On the waters of the Detroit River and connected waters, Town 4 South, Range 11 East and Town 5 South, Range 11 East, Grosse Ile Township, Wayne County, it is unlawful for the operator of a vessel to exceed a slow - no wake speed when within 1,000 feet of any shore, dock or pierhead, except:
(1) 
East of Grosse Ile and west of Ballards Reef Channel from Black Can Buoy No. 1 upstream to Grosse Ile Split Lighted Buoy LL 969 (HB 1 QK FLW);
(2) 
West of Grosse Ile and east of the mainland of Wayne County from Red Nun No. 6 upstream to Grosse Ile Split Lighted Buoy LL 969 (HB 1 QK FLW); and
(3) 
On those waters adjacent to the Island of Mama Juda, Powder House, and Stony.
B. 
Thorofare Canal. On the waters of the Thorofare Canal, P.C. 549, 550, 551 and 555, Town 4 South, Range 11 East, Grosse Ile Township, Wayne County, it is unlawful for the operator of a vessel to exceed a slow - no wake speed.
C. 
Frenchman Creek and connected waters. On the waters of Frenchman Creek, passages east and west of Round Island and the connected artificial canal, Town 4 South, Range 11 East, Town 5 South, Range 11 East, Grosse Ile Township, Wayne County, it is unlawful for the operator of a vessel to exceed a slow - no wake speed.
D. 
Meso-Hickory Passage. On the waters of the passage between Meso and Hickory Islands, Town 5 South, Range 11 East, Grosse Ile Township, Wayne County, it is unlawful for the operator of a vessel to exceed a slow - no wake speed.
E. 
Swan Island Canal. On the waters of the Canal between Swan Island and the mainland of Grosse Ile, Town 4 South, Range 11 East, Town 5 South, Range 11 East, Grosse Ile Township, Wayne County, it is unlawful for the operator of a vessel to exceed a slow - no wake speed.
F. 
Elba Island Canals. On the waters of the natural and artificial channels and canals adjacent to Elba Island, P.C. 553, 554 and 557, Town 4 South, Range 11 East and Town 5 South, Range 11 East, Grosse Ile Township, Wayne County, it is unlawful for the operator of a vessel to exceed a slow - no wake speed.
G. 
If the slow - no wake offense appears to be inadvertent and not intentional, the violator is responsible for a civil infraction.
[Added 5-10-1999 by Ord. No. 269]
H. 
This section shall not be enforced when waived by the State of Michigan Natural Resources Commission or its successor for marine events pursuant to Act No. 303 of the Public Acts of 1967, as amended, being MCL §§ 281.1072a and 281.1151.
[Added 5-10-1999 by Ord. No. 269]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ASSOCIATED EQUIPMENT
Any of the following that are not radio equipment:
(1) 
An original system, part, or component of a personal watercraft at the time that boat was manufactured, or a similar part or component manufactured or sold for replacement.
(2) 
Repair or improvement of an original or replacement system, part, or component.
(3) 
An accessory or equipment for, or appurtenance to, a personal watercraft.
(4) 
A marine safety article, accessory, or equipment intended for use by a person on board a boat.
BOATING SAFETY CERTIFICATE
Either of the following:
(1) 
The document issued by the Department under the Natural Resources and Environmental Protection Act that certifies that the individual named in the document has successfully completed a boating safety course and passed an examination approved and administered as required under MCLA § 324.80211.
[Amended 7-22-2008]
(2) 
A document issued by the United States Coast Guard auxiliary that certifies that the individual named in the document has successfully completed a United States Coast Guard auxiliary course concerning boating safety.
(3) 
A written rental agreement provided to an individual named in the rental agreement entered into under Section 44522 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL § 324.44522, only on the date or dates indicated on the rental agreement while the named individual is operating a personal watercraft leased, hired, or rented from a boat livery.
BOATING SAFETY COURSE
A course that meets both of the following requirements:
(1) 
Provides instruction on the safe operation of a personal watercraft that meets or exceeds the minimum course content for boating or personal watercraft education established by the National Association of State Boating Law Administrators Education Committee (October 1996).
(2) 
Is approved by the Department.
BOAT LIVERY
That term as defined in Section 44501 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL § 324.44501.
CHANNEL
Either of the following:
(1) 
The deepest part of a stream, bay, or straight through which the main current flows.
(2) 
The part of a body of water deep enough for navigation through an area otherwise not suitable for navigation that is marked by a single or double line of navigational aids or range markers.
DEALER
A person and an authorized representative of that person who annually purchases from a manufacturer, or who is engaged in selling or manufacturing, six or more personal watercraft that require certificates of number under part 801 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL §§ 324.80101 to 324.80199.
DEPARTMENT
The Department of Natural Resources.
DIRECTOR
The Director of the Department of Natural Resources.
MANUFACTURER
A person engaged in any of the following:
(1) 
The manufacture, construction, or assembly of personal watercraft or associated equipment.
(2) 
The manufacture or construction of components for personal watercraft and associated equipment to be sold for subsequent assembly.
(3) 
The importation of a personal watercraft or associated equipment into the state for sale.
OPERATE
To be in control of a personal watercraft that is under way and is not docked or at anchor or secured in another way.
OPERATOR
The person who is in control or in charge of a personal watercraft while that vessel is under way.
OWNER
A person who claims or is entitled to lawful possession of a personal watercraft by virtue of that person's legal title or equitable interest in a personal watercraft.
PEACE OFFICER
One or both of the following:
(1) 
A law enforcement officer as that term is defined in Section 2 of the Michigan Law Enforcement Officers Training Council Act, 1965, PA 203, MCL § 28.602.
(2) 
A deputy who is authorized by a sheriff to enforce the Natural Resources and Environmental Protection Act and who has satisfactorily completed at least 40 hours of law enforcement training, including training specific to the Natural Resources and Environmental Protection Act.
[Amended 7-22-2008]
PERSON
An individual, corporation, limited liability company, partnership, association, governmental entity, or other legal entity.
PERSONAL WATERCRAFT
A vessel that meets all of the following requirements:
(1) 
Uses a motor-driven propeller or an internal combustion engine powering a water jet pump as its primary source of propulsion.
(2) 
Is designed without an open load carrying area that would retain water.
(3) 
Is designed to be operated by one or more persons positioned on, rather than within, the confines of the hull.
POLITICAL SUBDIVISION
Grosse Ile Township.
SLOW – NO WAKE SPEED
The use of vessel at a very slow speed so that the resulting wake or wash is minimal.
USE
Operate, navigate, or employ.
VESSEL
Every description of watercraft used or capable of being used as a means of transportation on water.
WATERS OF THIS STATE
Any waters within the territorial limits of this state, and includes those waters of the Great Lakes that are under the jurisdiction of this state.
B. 
Applicability.
(1) 
This section applies to personal watercraft and associated equipment used on the waters of Grosse Ile.
(2) 
Except where expressly indicated otherwise, this section does not apply to a personal watercraft that is all of the following:
(a) 
Owned by a state or political subdivision of a state other than this state and its political subdivisions.
(b) 
Used principally for governmental purposes.
(c) 
Clearly marked and identifiable as a personal watercraft that is used principally for governmental purposes.
C. 
Rules. The rules promulgated by the Department for Natural Resources or its successor under the Administrative Procedures Act of 1969, 1969 PA 306, MCL §§ 24.201 to 24.328, are incorporated herein with regards to personal watercraft.
D. 
Operation of personal watercraft; requirements.
(1) 
Except as otherwise provided in this section, a person shall not operate a personal watercraft on the waters of Grosse Ile unless each person 12 years of age or older riding on or being towed behind the personal watercraft is wearing a Type I, Type II, or Type III personal flotation device as described in R281.1234 of the Michigan Administrative Code.
(2) 
A person shall not operate a personal watercraft on the waters of Grosse Ile unless each person on board or being towed by the personal watercraft who is less than 12 years of age is wearing a Type I or Type II personal flotation device as described in R281.1234 of the Michigan Administrative Code.
(3) 
A person shall not operate a personal watercraft on the waters of Grosse Ile unless each person on board the personal watercraft is wearing a personal flotation device that is not inflatable.
(4) 
A person shall not operate a personal watercraft on the waters of Grosse Ile unless the child is in the company of his or her parent or guardian or a designee of the parent or guardian.
(5) 
While operating a personal watercraft equipped by the manufacturer with a lanyard-type engine cutoff switch on the waters of Grosse Ile, a person shall have the lanyard attached to his or her person, clothing, or personal flotation device as is appropriate for the personal watercraft.
(6) 
A person shall not operate a personal watercraft on the waters of Grosse Ile during the period that begins one hour before sunset and ends at 8:00 a.m. As used in this subsection, "sunset" means that time as determined by the National Weather Service.
(7) 
A person operating a personal watercraft on the waters of Grosse Ile shall not cross within 150 feet behind another vessel, other that a personal watercraft, unless the person is operating the personal watercraft at slow - no wake speed.
(8) 
A person shall not operate a personal watercraft on the waters of Grosse Ile where the water depth is less than two feet, as determined by vertical measurement, unless one or both of the following circumstances exist:
(a) 
The personal watercraft is being operated at slow - no wake speed.
(b) 
The personal watercraft is being docked or launched.
(9) 
A person shall operate a personal watercraft in a reasonable and prudent manner. A maneuver that unreasonably or unnecessarily endangers life, limb, or property, including but not limited to all of the following, constitutes reckless operation of a personal watercraft under Subsection F:
(a) 
Weaving through congested vessel traffic.
(b) 
Jumping the wake of another vessel unreasonably or unnecessarily close to the other vessel or when visibility around the other vessel is obstructed.
(c) 
Waiting until the last possible moment before swerving to avoid a collision.
(10) 
A person shall not operate a personal watercraft on the waters of Grosse Ile carrying more persons than the personal watercraft is designed to carry.
(11) 
A violation of Subsection D(10) is prima facie evidence of reckless operation of a watercraft under Subsection F.
(12) 
A person operating a personal watercraft in excess of the speeds established under Part 801 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL §§ 324.80101 to 324.80199, is guilty of reckless operation of a personal watercraft under Subsection F.
(13) 
This Subsection D does not apply to a performer engaged in a professional exhibition or a person preparing to participate or participating in a regatta, race, marine parade, tournament, or exhibition held in compliance with Section 80164 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL § 324.80164, under a permit issued by the Department and at the time and place specified in the permit.
E. 
Operation of personal watercraft; prohibition; violation; penalty.
(1) 
A person shall not operate a personal watercraft in the waters of Grosse Ile outside of a channel or in an area where aquatic rooted vegetation is visible above the surface of the water in the deltaic wetlands of a lake that is greater that 32 square miles and less that 144 square miles in area.
(2) 
A person who violates Subsection E(1) is responsible for a municipal civil infraction punishable by a fine of $100, plus court costs.
F. 
Reckless operation of personal watercraft; penalties; impoundment.
(1) 
If a person carelessly and heedlessly operates a personal watercraft upon the waters of Grosse Ile in disregard of the rights or safety of others, without due caution and circumspection, or at a rate of speed or in a manner that endangers or is likely to endanger a person or property, that person is guilty of reckless operation of a personal watercraft and is subject to the penalties described in Subsection F(2) or (3), or both, as applicable.
(2) 
Upon a person's conviction under this Subsection F, the court may issue an order prohibiting the person from operating a personal watercraft on the waters of this state for a period of not more that two years and shall order the person to participate in and complete a boating safety course. An order issued pursuant to this subsection is in addition to any other penalty authorized under Subsection N or Subsection F(3).
(3) 
Upon a person's second or subsequent conviction under this Subsection F, the court may issue an order impounding the personal watercraft that the person was operating at the time the person violated Subsection F(1) for a period of not more that one year, if either of the following conditions exists:
(a) 
The person is an owner of the personal watercraft.
(b) 
The person is the minor child of an owner of the personal watercraft.
(4) 
The cost of storage for an impoundment ordered under Subsection F(3) shall be paid by the owner of the personal watercraft.
G. 
Operation of personal watercraft; distance requirements; exceptions.
(1) 
Except when traveling at slow - no wake speed perpendicular to the shoreline, a person who operates a personal watercraft on one of the Great Lakes that is under the jurisdiction of Grosse Ile shall maintain a distance of 200 feet from the shoreline.
(2) 
Except as provided in Subsection G(4), a person who operates a personal watercraft or a person who is being towed by a personal watercraft on a water sled, kite, surfboard, parachute, tube, water ski, or similar equipment on the waters of Grosse Ile shall maintain a distance of not less that 100 feet from a dock, raft, or buoyed or occupied bathing or swimming area, a person in the water or on the water in a personal flotation device, or a vessel moored, anchored, drifting, or sitting in dead water.
(3) 
A person who operates a personal watercraft or a person who is being towed by a personal watercraft on a water sled, kite, surfboard, parachute, tube, water ski, or similar equipment on the waters of Grosse Ile shall maintain a distance of not less that 200 feet from a submerged diver, vessel engaged in underwater diving activities, or a flotation device displaying the international diving insignia.
(4) 
Subsection G(2) does not apply under either of the following conditions:
(a) 
The personal watercraft being operated or the person being towed is proceeding at a slow - no wake speed.
(b) 
The personal watercraft being operated or the person being towed is in a navigable channel, canal, river, or stream not otherwise posted.
H. 
Individual required to complete boating safety course; certificate required. An individual who is required to complete a boating safety course under the state law of Michigan shall not operate a personal watercraft upon the waters of Grosse Ile unless that individual has in his or her immediate possession a boating safety certificate.
I. 
Display of boating safety certificate.
(1) 
An individual who is required to complete a boating safety course under the state law of Michigan and who operates a personal watercraft on the waters of Grosse Ile shall display his or her boating safety certificate upon the demand of a peace officer who identifies himself or herself as a peace officer.
(2) 
A person shall display only his or her own boating safety certificate upon the demand of a peace officer under Subsection I(1).
(3) 
A person shall not display a fraudulent boating safety certificate to a peace officer under Subsection I(1).
(4) 
A peace officer shall not stop a personal watercraft solely for the purpose of determining whether the operator has in his or her possession a boating safety certificate.
J. 
Operation of personal watercraft; graduated age provisions.
[Amended 3-12-2001 by Ord. No. 297]
(1) 
Except as provided in Subsection J(2) and (3), a person under the age of 14 shall not use a personal watercraft on the waters of the Township.
(2) 
A person who is 12 or more and less than 14 years of age before January 1, 1999, may use a personal watercraft on the waters of this Township if before January 1, 1999, he or she obtained a boating safety certificate.
(3) 
A person who is 12 or more and less than 14 years of age may use a personal watercraft on the waters of this Township if all of the following circumstances exist:
(a) 
The person is accompanied solely by the person's parent or legal guardian.
(b) 
Both the person and the parent or legal guardian have obtained a boating safety certificate.
(c) 
The personal watercraft is equipped by the manufacturer with a lanyard-type engine cutoff switch, and the parent or legal guardian has the lanyard attached to his or her person, clothing, or personal flotation device.
(d) 
The personal watercraft is designed to carry not fewer than two persons.
(4) 
A person who was born after December 31, 1978, shall not operate a personal watercraft upon the waters of this Township unless he or she first obtains a boating safety certificate.
(5) 
The owner of a personal watercraft or a person having charge over or control of a personal watercraft shall not authorize or knowingly permit the personal watercraft to be operated in violation of this Subsection J.
(6) 
This Subsection J does not apply to a performer engaged in a professional exhibition or a person preparing to participate or participating in a regatta, race, marine parade, tournament, or exhibition held in compliance with MCL § 324.80164 under a permit issued by the Department and at the time and place specified in the permit.
K. 
Certification requirements for out-of-state residents.
(1) 
Except as provided in Subsection K(2), the certification requirements prescribed in Subsections H and J do not apply to a person who is not a resident of this state.
(2) 
Beginning April 1, 2000, a person who is not a resident of Grosse Ile shall operate a personal watercraft on the waters of this state only if he or she has one of the following in his or her possession:
(a) 
A boating safety certificate.
(b) 
A certificate issued by his or her state of residence that reflects education and training that is substantially similar to the education and training required to obtain a boating safety certificate under this section.
(c) 
A certificate showing that he or she has successfully completed a course that meets the requirement prescribed in Subsection (1) of the definition of "boating safety course" in Subsection A of this section.
L. 
Sources of boating safety courses; failure of dealer to advise; violation; fine.
(1) 
A dealer of a new or used personal watercraft shall advise each person who buys a personal watercraft from the dealer of the sources of boating safety courses in the area.
(2) 
A dealer who violates this Subsection L is responsible for a municipal civil infraction and shall be ordered to pay a civil fine in the amount of $100.
M. 
Availability of documents to dealer; providing documents to buyer; fine. A dealer shall provide a copy of a summary of the laws of the State of Michigan that pertain to personal watercraft and a summary of the safety features of the personal watercraft to each person who buys a personal watercraft from the dealer. A dealer who violates this subsection is responsible for a municipal civil infraction and shall be ordered to pay a civil fine in the amount of $100.
N. 
Violation of ordinance as misdemeanor; penalty. Unless otherwise specified in this section, a person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days or a fine of not more than $100, or both. In addition, a person who violates this section may be required to participate in and complete a boating safety course.
O. 
Enforcement. Peace officers shall enforce this section. If a person has received a citation for a violation of a certification requirement prescribed in this section, the court may waive any fine and costs upon receipt, not more than 10 days after the citation is issued, of proof of certification by a law enforcement agency that the person, before the appearance date on the citation, produced a valid boating safety certificate or other certification described in this section, as applicable, that was valid on the date the violation occurred.
P. 
Compliance with MCL §§ 324.80101 to 324.80199. Except as otherwise provided in this section, a personal watercraft operator shall comply with Part 801 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL §§ 324.80101 to 324.80199.
Q. 
Failure to exercise due caution. Any person who violates any provision of this chapter by operating any watercraft, boat, vessel, or personal watercraft in such a manner as to fail to exercise due caution on the waters of Grosse Ile is responsible for a municipal civil infraction with a fine not to exceed $100 plus court costs. This infraction shall not be reported to the Secretary of State or State of Michigan.