[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.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
Any of the following that are not radio equipment:
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.
Repair or improvement of an original or replacement
system, part or component.
An accessory or equipment for, or appurtenance
to, a boat.
A marine safety article, accessory, or equipment
intended for use by a person on board a boat.
A vessel.
A business that holds a vessel for renting, leasing or chartering.
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.
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.
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.
Any of the following:
A valid Michigan operator's or chauffeur's license.
A valid driver's or chauffeur's license issued
by an agency, department, or bureau of the United States or another
state.
An official identification card issued by an
agency, department, or bureau of the United States, the State of Michigan
or another state.
An official identification card issued by a
political subdivision of the State of Michigan or another state.
The United States Coast Guard or a state that has a numbering
system approved by the United States Coast Guard.
A law or ordinance enacted by another state or by a local
unit of government in another state.
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.
An injury that causes serious impairment of a body function.
A person engaged in any of the following:
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.
Former Act No. 303 of the Public Acts of 1967.
Marine law enforcement, search and rescue operations, water
safety education, recovery of drowned bodies, and boat livery inspections.
Act No. 300 of the Public Acts of 1949, being MCL §§ 257.1
to 257.923.
A vessel propelled wholly or in part by machinery.
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.
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.
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.
A person carried on board a vessel other than any of the
following:
Any of the following:
A sheriff.
A sheriff's deputy.
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.
A village or township marshal.
An officer of the Police Department of the Township
of Grosse Ile.
An officer of the Michigan State Police.
The director and conservation officers employed
by the Department of Environmental Quality.
A vessel that meets all of the following requirements:
Uses a motor-driven propeller or an internal
combustion engine powering a water jet pump as its primary source
of propulsion.
Is designed without an open load carrying area
that would retain water.
Is designed to be operated by one or more persons
positioned on, rather than within, the confines of the hull.
Left, and reference is to the port side of a vessel or to
the left side of the vessel.
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.
The prosecuting attorney of the Township of Grosse Ile.
An organized water event of limited duration that is conducted
according to a prearranged schedule.
A very slow speed whereby the wake or wash created by the
vessel would be minimal.
Right, and reference is to the starboard side of a vessel
or to the right side of the vessel.
Payment made by the state to a county for the conduct of
a marine safety program.
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.
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.
Operate, navigate, or employ.
Every description of watercraft used or capable of being
used as a means of transportation on water.
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.
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.
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:
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.
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:
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:
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.
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.
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.
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:
(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.
(1)
(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:
C.
Violation of Subsection A(3); sanctions.
(1)
If a person is convicted of violating Subsection A(3) the following apply:
(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:
(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:
(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.
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.
(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.
(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.
(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:
(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.
M.
Refusal to submit to chemical test at request of peace
officer; obtaining court order; forwarding report to Secretary of
State.
(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:
(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:
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.
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:
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:
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.
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:
(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:
(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:
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:
B.
The report required by the laws of the State of Michigan
shall be made as follows:
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:
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.
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.
ASSOCIATED EQUIPMENT
(1)
(2)
(3)
(4)
BOATING SAFETY CERTIFICATE
(1)
(2)
(3)
BOATING SAFETY COURSE
(1)
(2)
BOAT LIVERY
CHANNEL
DEALER
DEPARTMENT
DIRECTOR
MANUFACTURER
(1)
(2)
(3)
OPERATE
OPERATOR
OWNER
PEACE OFFICER
(1)
(2)
PERSON
PERSONAL WATERCRAFT
(1)
(2)
(3)
POLITICAL SUBDIVISION
SLOW – NO WAKE SPEED
USE
VESSEL
WATERS OF THIS STATE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any of the following that are not radio equipment:
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.
Repair or improvement of an original or replacement
system, part, or component.
An accessory or equipment for, or appurtenance
to, a personal watercraft.
A marine safety article, accessory, or equipment
intended for use by a person on board a boat.
Either of the following:
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]
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.
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.
A course that meets both of the following requirements:
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).
Is approved by the Department.
That term as defined in Section 44501 of the Natural Resources
and Environmental Protection Act, 1994 PA 451, MCL § 324.44501.
Either of the following:
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.
The Department of Natural Resources.
The Director of the Department of Natural Resources.
A person engaged in any of the following:
The manufacture, construction, or assembly of
personal watercraft or associated equipment.
The manufacture or construction of components
for personal watercraft and associated equipment to be sold for subsequent
assembly.
The importation of a personal watercraft or
associated equipment into the state for sale.
To be in control of a personal watercraft that is under way
and is not docked or at anchor or secured in another way.
The person who is in control or in charge of a personal watercraft
while that vessel is under way.
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.
One or both of the following:
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.
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]
An individual, corporation, limited liability company, partnership,
association, governmental entity, or other legal entity.
A vessel that meets all of the following requirements:
Uses a motor-driven propeller or an internal
combustion engine powering a water jet pump as its primary source
of propulsion.
Is designed without an open load carrying area
that would retain water.
Is designed to be operated by one or more persons
positioned on, rather than within, the confines of the hull.
Grosse Ile Township.
The use of vessel at a very slow speed so that the resulting
wake or wash is minimal.
Operate, navigate, or employ.
Every description of watercraft used or capable of being
used as a means of transportation on water.
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.
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:
(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:
(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.
(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.
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:
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.
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]
(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.
(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:
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.
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.
