As used in this chapter, the following terms
shall have the meanings indicated:
ANCHORED RAFTS
All types of nonpowered rafts used for recreation purposes
that are anchored seasonally on waters of the State of Michigan or
Township of Grosse Ile.
ASSOCIATED EQUIPMENT
Any of the following that are not radio equipment:
A.
An original system, part, or component of a
boat at the time that boat was manufactured, or a similar part or
component manufactured or sold for replacement.
B.
Repair or improvement of an original or replacement
system, part or component.
C.
An accessory or equipment for, or appurtenance
to, a boat.
D.
A marine safety article, accessory, or equipment
intended for use by a person on board a boat.
BOAT LIVERY
A business that holds a vessel for renting, leasing or chartering.
CONTROLLED SUBSTANCE
That term as defined in Section 7104 of the Public Health
Code, Act No. 368 of the Public Acts of 1978, being MCL § 333.7104.
CONVICTION
A final conviction, the payment of a fine, a plea of guilty
or nolo contendere if accepted by the court, a finding of guilt, or
a probate court disposition on a violation of this chapter, regardless
of whether the penalty is rebated or suspended.
DEALER
A person and an authorized representative of that person
who annually purchases from a manufacturer, or who is engaged in selling
or manufacturing, six or more vessels that require certificates of
number under this chapter or as required by state law.
IDENTIFICATION DOCUMENT
Any of the following:
A.
A valid Michigan operator's or chauffeur's license.
B.
A valid driver's or chauffeur's license issued
by an agency, department, or bureau of the United States or another
state.
C.
An official identification card issued by an
agency, department, or bureau of the United States, the State of Michigan
or another state.
D.
An official identification card issued by a
political subdivision of the State of Michigan or another state.
ISSUING AUTHORITY
The United States Coast Guard or a state that has a numbering
system approved by the United States Coast Guard.
LAW OF ANOTHER STATE
A law or ordinance enacted by another state or by a local
unit of government in another state.
LIFEBOAT
A small boat designated and used solely for lifesaving purposes,
and does not include a dinghy, tender, speedboat, or other type of
craft that is not carried aboard a vessel for lifesaving purposes.
MANUFACTURER
A person engaged in any of the following:
A.
The manufacture, construction, or assembly of
boats or associated equipment.
B.
The manufacture or construction of components
for boats and associated equipment to be sold for subsequent assembly.
C.
The importation of a boat or associated equipment
into the State of Michigan for sale.
MARINE LAW
This chapter, Section 324.80101 et seq. (Part 801) of the
Michigan Administrative Code (MAC), or a rule adopted under the Michigan
Administrative Code which is incorporated herein by reference.
MARINE SAFETY PROGRAM
Marine law enforcement, search and rescue operations, water
safety education, recovery of drowned bodies, and boat livery inspections.
MOTORBOAT
A vessel propelled wholly or in part by machinery.
OPERATE
To be in control of a vessel while the vessel is under way
and is not secured in some manner such as being docked or at anchor.
OPERATOR
The person who is in control or in charge of a vessel while
the vessel is under way and is not secured in some manner such as
being docked or at anchor.
OWNER
A person who claims or is entitled to lawful possession of
a vessel by virtue of that person's legal title or equitable interest
in a vessel.
PASSENGER
A person carried on board a vessel other than any of the
following:
A.
The owner or his or her representative.
PEACE OFFICER
Any of the following:
C.
A deputy who is authorized by a sheriff to enforce
this chapter, the Marine Law or Marine Safety Act and who has satisfactorily
completed at least 40 hours of law enforcement training, including
training specific to this chapter.
D.
A village or township marshal.
E.
An officer of the Police Department of the Township
of Grosse Ile.
F.
An officer of the Michigan State Police.
G.
The director and conservation officers employed
by the Department of Environmental Quality.
PERSONAL WATERCRAFT
A vessel that meets all of the following requirements:
A.
Uses a motor-driven propeller or an internal
combustion engine powering a water jet pump as its primary source
of propulsion.
B.
Is designed without an open load carrying area
that would retain water.
C.
Is designed to be operated by one or more persons
positioned on, rather than within, the confines of the hull.
PORT
Left, and reference is to the port side of a vessel or to
the left side of the vessel.
PROBATE COURT DISPOSITION
The entry of the probate court order of disposition for a
child found to be within the provisions of Chapter XIIA of Act No.
288 of the Public Acts of 1939, being MCL §§ 712A.1
to 712A.31.
SLOW – NO WAKE SPEED
A very slow speed whereby the wake or wash created by the
vessel would be minimal.
STARBOARD
Right, and reference is to the starboard side of a vessel
or to the right side of the vessel.
STATE AID
Payment made by the state to a county for the conduct of
a marine safety program.
UNDOCUMENTED VESSEL
A vessel that does not have, and is not required to have,
a valid marine document issued by the United States Coast Guard or
federal agency successor to the United States Coast Guard.
UNIFORM INSPECTION DECAL
An adhesive-backed sticker created by the State of Michigan
pursuant to Section 324.80166 of the Michigan Administrative Code
that is color-coded to indicate the year that it expires and is attached
to a vessel in the manner prescribed for decals in Section 324.80122
of the Michigan Administrative Code.
USE
Operate, navigate, or employ.
VESSEL
Every description of watercraft used or capable of being
used as a means of transportation on water.
WATERS OF THE TOWNSHIP
Any waters within the territorial limits of the Township
of Grosse Ile, and includes the waters of the State of Michigan under
the jurisdiction of the Township of Grosse Ile.
WATERS OF THIS STATE
Any waters within the territorial limits of the State of
Michigan, and includes those waters of the Great Lakes that are under
the jurisdiction of the state.
A 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.
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.
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.
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 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 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.
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 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.
[Added 5-10-1999 by Ord. No. 269]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
ASSOCIATED EQUIPMENT
Any of the following that are not radio equipment:
(1)
An original system, part, or component of a
personal watercraft at the time that boat was manufactured, or a similar
part or component manufactured or sold for replacement.
(2)
Repair or improvement of an original or replacement
system, part, or component.
(3)
An accessory or equipment for, or appurtenance
to, a personal watercraft.
(4)
A marine safety article, accessory, or equipment
intended for use by a person on board a boat.
BOATING SAFETY CERTIFICATE
Either of the following:
(1)
The document issued by the Department under
the Natural Resources and Environmental Protection Act that certifies
that the individual named in the document has successfully completed
a boating safety course and passed an examination approved and administered
as required under MCLA § 324.80211.
[Amended 7-22-2008]
(2)
A document issued by the United States Coast
Guard auxiliary that certifies that the individual named in the document
has successfully completed a United States Coast Guard auxiliary course
concerning boating safety.
(3)
A written rental agreement provided to an individual
named in the rental agreement entered into under Section 44522 of
the Natural Resources and Environmental Protection Act, 1994 PA 451,
MCL § 324.44522, only on the date or dates indicated on
the rental agreement while the named individual is operating a personal
watercraft leased, hired, or rented from a boat livery.
BOATING SAFETY COURSE
A course that meets both of the following requirements:
(1)
Provides instruction on the safe operation of
a personal watercraft that meets or exceeds the minimum course content
for boating or personal watercraft education established by the National
Association of State Boating Law Administrators Education Committee
(October 1996).
(2)
Is approved by the Department.
BOAT LIVERY
That term as defined in Section 44501 of the Natural Resources
and Environmental Protection Act, 1994 PA 451, MCL § 324.44501.
CHANNEL
Either of the following:
(1)
The deepest part of a stream, bay, or straight
through which the main current flows.
(2)
The part of a body of water deep enough for
navigation through an area otherwise not suitable for navigation that
is marked by a single or double line of navigational aids or range
markers.
DEALER
A person and an authorized representative of that person
who annually purchases from a manufacturer, or who is engaged in selling
or manufacturing, six or more personal watercraft that require certificates
of number under part 801 of the Natural Resources and Environmental
Protection Act, 1994 PA 451, MCL §§ 324.80101 to 324.80199.
DIRECTOR
The Director of the Department of Natural Resources.
MANUFACTURER
A person engaged in any of the following:
(1)
The manufacture, construction, or assembly of
personal watercraft or associated equipment.
(2)
The manufacture or construction of components
for personal watercraft and associated equipment to be sold for subsequent
assembly.
(3)
The importation of a personal watercraft or
associated equipment into the state for sale.
OPERATE
To be in control of a personal watercraft that is under way
and is not docked or at anchor or secured in another way.
OPERATOR
The person who is in control or in charge of a personal watercraft
while that vessel is under way.
OWNER
A person who claims or is entitled to lawful possession of
a personal watercraft by virtue of that person's legal title or equitable
interest in a personal watercraft.
PEACE OFFICER
One or both of the following:
(1)
A law enforcement officer as that term is defined
in Section 2 of the Michigan Law Enforcement Officers Training Council
Act, 1965, PA 203, MCL § 28.602.
(2)
A deputy who is authorized by a sheriff to enforce
the Natural Resources and Environmental Protection Act and who has
satisfactorily completed at least 40 hours of law enforcement training,
including training specific to the Natural Resources and Environmental
Protection Act.
[Amended 7-22-2008]
PERSON
An individual, corporation, limited liability company, partnership,
association, governmental entity, or other legal entity.
PERSONAL WATERCRAFT
A vessel that meets all of the following requirements:
(1)
Uses a motor-driven propeller or an internal
combustion engine powering a water jet pump as its primary source
of propulsion.
(2)
Is designed without an open load carrying area
that would retain water.
(3)
Is designed to be operated by one or more persons
positioned on, rather than within, the confines of the hull.
SLOW – NO WAKE SPEED
The use of vessel at a very slow speed so that the resulting
wake or wash is minimal.
USE
Operate, navigate, or employ.
VESSEL
Every description of watercraft used or capable of being
used as a means of transportation on water.
WATERS OF THIS STATE
Any waters within the territorial limits of this state, and
includes those waters of the Great Lakes that are under the jurisdiction
of this state.
B. Applicability.
(1) This section applies to personal watercraft and associated
equipment used on the waters of Grosse Ile.
(2) Except where expressly indicated otherwise, this section
does not apply to a personal watercraft that is all of the following:
(a)
Owned by a state or political subdivision of
a state other than this state and its political subdivisions.
(b)
Used principally for governmental purposes.
(c)
Clearly marked and identifiable as a personal
watercraft that is used principally for governmental purposes.
C. Rules. The rules promulgated by the Department for
Natural Resources or its successor under the Administrative Procedures
Act of 1969, 1969 PA 306, MCL §§ 24.201 to 24.328,
are incorporated herein with regards to personal watercraft.
D. Operation of personal watercraft; requirements.
(1) Except as otherwise provided in this section, a person
shall not operate a personal watercraft on the waters of Grosse Ile
unless each person 12 years of age or older riding on or being towed
behind the personal watercraft is wearing a Type I, Type II, or Type
III personal flotation device as described in R281.1234 of the Michigan
Administrative Code.
(2) A person shall not operate a personal watercraft on
the waters of Grosse Ile unless each person on board or being towed
by the personal watercraft who is less than 12 years of age is wearing
a Type I or Type II personal flotation device as described in R281.1234
of the Michigan Administrative Code.
(3) A person shall not operate a personal watercraft on
the waters of Grosse Ile unless each person on board the personal
watercraft is wearing a personal flotation device that is not inflatable.
(4) A person shall not operate a personal watercraft on
the waters of Grosse Ile unless the child is in the company of his
or her parent or guardian or a designee of the parent or guardian.
(5) While operating a personal watercraft equipped by
the manufacturer with a lanyard-type engine cutoff switch on the waters
of Grosse Ile, a person shall have the lanyard attached to his or
her person, clothing, or personal flotation device as is appropriate
for the personal watercraft.
(6) A person shall not operate a personal watercraft on
the waters of Grosse Ile during the period that begins one hour before
sunset and ends at 8:00 a.m. As used in this subsection, "sunset"
means that time as determined by the National Weather Service.
(7) A person operating a personal watercraft on the waters
of Grosse Ile shall not cross within 150 feet behind another vessel,
other that a personal watercraft, unless the person is operating the
personal watercraft at slow - no wake speed.
(8) A person shall not operate a personal watercraft on
the waters of Grosse Ile where the water depth is less than two feet,
as determined by vertical measurement, unless one or both of the following
circumstances exist:
(a)
The personal watercraft is being operated at
slow - no wake speed.
(b)
The personal watercraft is being docked or launched.
(9) A person shall operate a personal watercraft in a reasonable and prudent manner. A maneuver that unreasonably or unnecessarily endangers life, limb, or property, including but not limited to all of the following, constitutes reckless operation of a personal watercraft under Subsection
F:
(a)
Weaving through congested vessel traffic.
(b)
Jumping the wake of another vessel unreasonably
or unnecessarily close to the other vessel or when visibility around
the other vessel is obstructed.
(c)
Waiting until the last possible moment before
swerving to avoid a collision.
(10)
A person shall not operate a personal watercraft
on the waters of Grosse Ile carrying more persons than the personal
watercraft is designed to carry.
(11)
A violation of Subsection
D(10) is prima facie evidence of reckless operation of a watercraft under Subsection
F.
(12)
A person operating a personal watercraft in excess of the speeds established under Part 801 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL §§ 324.80101 to 324.80199, is guilty of reckless operation of a personal watercraft under Subsection
F.
(13)
This Subsection
D does not apply to a performer engaged in a professional exhibition or a person preparing to participate or participating in a regatta, race, marine parade, tournament, or exhibition held in compliance with Section 80164 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL § 324.80164, under a permit issued by the Department and at the time and place specified in the permit.
E. Operation of personal watercraft; prohibition; violation;
penalty.
(1) A person shall not operate a personal watercraft in
the waters of Grosse Ile outside of a channel or in an area where
aquatic rooted vegetation is visible above the surface of the water
in the deltaic wetlands of a lake that is greater that 32 square miles
and less that 144 square miles in area.
(2) A person who violates Subsection
E(1) is responsible for a municipal civil infraction punishable by a fine of $100, plus court costs.
F. Reckless operation of personal watercraft; penalties;
impoundment.
(1) If a person carelessly and heedlessly operates a personal watercraft upon the waters of Grosse Ile in disregard of the rights or safety of others, without due caution and circumspection, or at a rate of speed or in a manner that endangers or is likely to endanger a person or property, that person is guilty of reckless operation of a personal watercraft and is subject to the penalties described in Subsection
F(2) or
(3), or both, as applicable.
(2) Upon a person's conviction under this Subsection
F, the court may issue an order prohibiting the person from operating a personal watercraft on the waters of this state for a period of not more that two years and shall order the person to participate in and complete a boating safety course. An order issued pursuant to this subsection is in addition to any other penalty authorized under Subsection
N or Subsection
F(3).
(3) Upon a person's second or subsequent conviction under this Subsection
F, the court may issue an order impounding the personal watercraft that the person was operating at the time the person violated Subsection
F(1) for a period of not more that one year, if either of the following conditions exists:
(a)
The person is an owner of the personal watercraft.
(b)
The person is the minor child of an owner of
the personal watercraft.
(4) The cost of storage for an impoundment ordered under Subsection
F(3) shall be paid by the owner of the personal watercraft.
G. Operation of personal watercraft; distance requirements;
exceptions.
(1) Except when traveling at slow - no wake speed perpendicular
to the shoreline, a person who operates a personal watercraft on one
of the Great Lakes that is under the jurisdiction of Grosse Ile shall
maintain a distance of 200 feet from the shoreline.
(2) Except as provided in Subsection
G(4),
a person who operates a personal watercraft or a person who is being towed by a personal watercraft on a water sled, kite, surfboard, parachute, tube, water ski, or similar equipment on the waters of Grosse Ile shall maintain a distance of not less that 100 feet from a dock, raft, or buoyed or occupied bathing or swimming area, a person in the water or on the water in a personal flotation device, or a vessel moored, anchored, drifting, or sitting in dead water.
(3) A person who operates a personal watercraft or a person
who is being towed by a personal watercraft on a water sled, kite,
surfboard, parachute, tube, water ski, or similar equipment on the
waters of Grosse Ile shall maintain a distance of not less that 200
feet from a submerged diver, vessel engaged in underwater diving activities,
or a flotation device displaying the international diving insignia.
(4) Subsection
G(2) does not apply under either of the following conditions:
(a)
The personal watercraft being operated or the
person being towed is proceeding at a slow - no wake speed.
(b)
The personal watercraft being operated or the
person being towed is in a navigable channel, canal, river, or stream
not otherwise posted.
H. Individual required to complete boating safety course;
certificate required. An individual who is required to complete a
boating safety course under the state law of Michigan shall not operate
a personal watercraft upon the waters of Grosse Ile unless that individual
has in his or her immediate possession a boating safety certificate.
I. Display of boating safety certificate.
(1) An individual who is required to complete a boating
safety course under the state law of Michigan and who operates a personal
watercraft on the waters of Grosse Ile shall display his or her boating
safety certificate upon the demand of a peace officer who identifies
himself or herself as a peace officer.
(2) A person shall display only his or her own boating safety certificate upon the demand of a peace officer under Subsection
I(1).
(3) A person shall not display a fraudulent boating safety certificate to a peace officer under Subsection
I(1).
(4) A peace officer shall not stop a personal watercraft
solely for the purpose of determining whether the operator has in
his or her possession a boating safety certificate.
J. Operation of personal watercraft; graduated age provisions.
[Amended 3-12-2001 by Ord. No. 297]
(1) Except as provided in Subsection
J(2) and
(3),
a person under the age of 14 shall not use a personal watercraft on the waters of the Township.
(2) A person who is 12 or more and less than 14 years
of age before January 1, 1999, may use a personal watercraft on the
waters of this Township if before January 1, 1999, he or she obtained
a boating safety certificate.
(3) A person who is 12 or more and less than 14 years
of age may use a personal watercraft on the waters of this Township
if all of the following circumstances exist:
(a)
The person is accompanied solely by the person's
parent or legal guardian.
(b)
Both the person and the parent or legal guardian
have obtained a boating safety certificate.
(c)
The personal watercraft is equipped by the manufacturer
with a lanyard-type engine cutoff switch, and the parent or legal
guardian has the lanyard attached to his or her person, clothing,
or personal flotation device.
(d)
The personal watercraft is designed to carry
not fewer than two persons.
(4) A person who was born after December 31, 1978, shall
not operate a personal watercraft upon the waters of this Township
unless he or she first obtains a boating safety certificate.
(5) The owner of a personal watercraft or a person having charge over or control of a personal watercraft shall not authorize or knowingly permit the personal watercraft to be operated in violation of this Subsection
J.
(6) This Subsection
J does not apply to a performer engaged in a professional exhibition or a person preparing to participate or participating in a regatta, race, marine parade, tournament, or exhibition held in compliance with MCL § 324.80164 under a permit issued by the Department and at the time and place specified in the permit.
K. Certification requirements for out-of-state residents.
(1) Except as provided in Subsection
K(2), the certification requirements prescribed in Subsections
H and
J do not apply to a person who is not a resident of this state.
(2) Beginning April 1, 2000, a person who is not a resident
of Grosse Ile shall operate a personal watercraft on the waters of
this state only if he or she has one of the following in his or her
possession:
(a)
A boating safety certificate.
(b)
A certificate issued by his or her state of
residence that reflects education and training that is substantially
similar to the education and training required to obtain a boating
safety certificate under this section.
(c)
A certificate showing that he or she has successfully completed a course that meets the requirement prescribed in Subsection
(1) of the definition of "boating safety course" in Subsection
A of this section.
L. Sources of boating safety courses; failure of dealer
to advise; violation; fine.
(1) A dealer of a new or used personal watercraft shall
advise each person who buys a personal watercraft from the dealer
of the sources of boating safety courses in the area.
(2) A dealer who violates this Subsection
L is responsible for a municipal civil infraction and shall be ordered to pay a civil fine in the amount of $100.
M. Availability of documents to dealer; providing documents
to buyer; fine. A dealer shall provide a copy of a summary of the
laws of the State of Michigan that pertain to personal watercraft
and a summary of the safety features of the personal watercraft to
each person who buys a personal watercraft from the dealer. A dealer
who violates this subsection is responsible for a municipal civil
infraction and shall be ordered to pay a civil fine in the amount
of $100.
N. Violation of ordinance as misdemeanor; penalty. Unless
otherwise specified in this section, a person who violates this section
is guilty of a misdemeanor, punishable by imprisonment for not more
than 90 days or a fine of not more than $100, or both. In addition,
a person who violates this section may be required to participate
in and complete a boating safety course.
O. Enforcement. Peace officers shall enforce this section.
If a person has received a citation for a violation of a certification
requirement prescribed in this section, the court may waive any fine
and costs upon receipt, not more than 10 days after the citation is
issued, of proof of certification by a law enforcement agency that
the person, before the appearance date on the citation, produced a
valid boating safety certificate or other certification described
in this section, as applicable, that was valid on the date the violation
occurred.
P. Compliance with MCL §§ 324.80101 to
324.80199. Except as otherwise provided in this section, a personal
watercraft operator shall comply with Part 801 of the Natural Resources
and Environmental Protection Act, 1994 PA 451, MCL §§ 324.80101
to 324.80199.
Q. Failure to exercise due caution. Any person who violates
any provision of this chapter by operating any watercraft, boat, vessel,
or personal watercraft in such a manner as to fail to exercise due
caution on the waters of Grosse Ile is responsible for a municipal
civil infraction with a fine not to exceed $100 plus court costs.
This infraction shall not be reported to the Secretary of State or
State of Michigan.