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CROSS REFERENCES

Watercraft impounding, CO 483.11

Equipment violations, CO 487.12

481.01     Definitions

As used in this Water Traffic Code, certain terms are defined as follows:

(a) "Waters of Cleveland" means any waters within the jurisdiction of the City of Cleveland in which any watercraft is or may be operated, and includes the waters of Lake Erie and the Cuyahoga River. Jurisdiction in Lake Erie includes all waters within the easterly and westerly City limits and extends into Lake Erie to the distance of two miles from the natural shore line.

(b) "Watercraft" means any of the following when used or capable of being used for transportation on the water:

(1) A boat operated by machinery either permanently or temporarily affixed;

(2) A sailboat other than a sailboard;

(3) An inflatable, manually propelled boat having a hull identification number assigned by and meeting the requirements of the United States Coast Guard;

(4) A canoe or rowboat.

"Watercraft" does not include ferries as referred to in RC Chapter 4583.

Watercraft subject to Section 481.06 shall be divided into four classes as follows:

Class A: Less than sixteen feet in length;

Class 1: At least sixteen feet but less than twenty-six feet in length;

Class 2: At least twenty-six feet but less than forty feet in length;

Class 3: At least forty feet but not more than sixty-five feet in length.

Any watercraft over sixty-five feet in length shall comply with Federal regulations.

(c) "Rowboat" means any watercraft designed to be rowed or paddled and which is propelled by human muscular effort by oars, paddles or other contrivances upon which no mechanical propulsion device, electric motor, internal combustion engine or sail has been affixed or is used for the operation of such watercraft, and include a canoe, kayak, raft or paddleboard.

(d) "Motorboat" means any powercraft as defined in division (g) hereof not more than sixty-five feet in length, measured parallel to the center line from end to end in a straight line from the foremost part of the vessel to the aftermost. Bowsprints, bumpkins, rudders, outboard motors and brackets and similar fittings or attachments are not to be included. Length shall be stated in feet and inches.

(e) "Sailboat" means any watercraft equipped with mast and sails, dependent upon the wind to propel such watercraft in the normal course of operation of such watercraft.

(1) Any sailboat equipped with an inboard engine is deemed a powercraft with auxiliary sail.

(2) Any sailboat equipped with a detachable motor is a sailboat with auxiliary power.

(3) Any sailboat being propelled by mechanical power, whether under sail or not, is deemed a powercraft and subject to all laws and rules and regulations governing powercraft operation.

(f) "Emergency watercraft" means police, fire and state patrol watercraft when identified as such and watercraft commandered by police officers.

(g) "Powercraft" means any watercraft propelled by machinery, fuel, rockets or similar device.

Powercraft subject to the Cleveland Water Traffic Code shall be divided into four classes as follows:

Class A with length less than sixteen feet.

Class 1 with length sixteen but less than twenty-six feet.

Class 2 with length twenty-six but less than forty feet.

Class 3 with length forty but not more than sixty-five feet.

Powercraft over sixty-five feet in length shall comply with Federal regulations.

(h) "Person" includes any individual, firm, partnership, corporation, company, association or body politic, except the United States and the State of Ohio, and includes any agent, trustee, executor, receiver, assignee or other representative thereof.

(i) "Owner" includes any person who claims lawful possession of a watercraft by virtue of legal title or equitable interest therein which entitles him to such possession.

(j) "Operator" includes any person who navigates, or has under his control, a watercraft, or watercraft and detachable motor on the waters of the City.

(k) "Visible" means visible on a dark night with clear atmosphere.

(l) "Starboard" means right, and reference is to the right or starboard side of a watercraft when looking forward on such watercraft.

(m) "Port" means left, and reference is to the left or port side of a watercraft when looking forward on such watercraft.

(n) "Anchorage" means a designated position where vessels or watercraft may anchor or moor.

(o) "Aquatic event" means any organized water event of limited duration which is duly sanctioned by the Commanding Officer of the Ninth Coast Guard District at least thirty days prior to the start of such event and includes marine regattas and marine parades, which by their nature, circumstances or location will introduce extra or unusual hazards to the safety of life on navigable waters.

(p) "Authorized emergency vessel" means any authorized watercraft, patrolboat of the Cleveland Safety Department, Port Control Department, United States Government, State of Ohio or Cuyahoga County authorized patrol vessels or watercraft, and watercraft when commandeered by Cleveland police officers.

(q) "Diver's flag" means a red flag five units of measurement on the hoist by six units of measurement on the fly with a white stripe of one unit crossing the red diagonally with the flag having a stiffener. This flag pertains only to skin and SCUBA (Self Contained Underwater Breathing Apparatus) diving and supplements any nationally recognized diver's flag or marking.

(r) "Master" means the captain, skipper, pilot or any person having charge of any vessel or watercraft.

(s) "Obstruction" means any vessel or watercraft or any matter which may in any way blockade, interfere with or endanger any vessel or watercraft or impede navigation or which cannot comply with the pilot rules of the Great Lakes.

(t) "Oil" means any oil or liquid, whether of animal, vegetable or mineral origin, or a mixture, compound or distillation thereof.

(u) "Pier" means any pier, wharf, dock, float, gridiron or other structure to promote the convenient loading or unloading or other discharge of vessels or watercraft, or the repair thereof.

(v) "Breakwall" means any construction of stone, steel or other material constructed mainly as a barrier which breaks the force of waves.

(w) "Government Breakwall" means the stone breakwall starting from a point north of Gordon Park which supports the lighthouse referred to as the East-Light, extending westerly to a point north of the mouth of the entrance of the Cuyahoga River, starting again at the entrance to the Cleveland Harbor and extending westerly upon which is erected the Cleveland Harbor entrance Lighthouse. Reference shall be made as to the East Government Breakwall and the West Government Breakwall.

(x) "Cleveland Harbor" means all water protected by the Government Breakwall.

(y) "Restricted area" means an area that has been designated in accordance with and as authorized by the laws or regulations of the City to be used for, or closed to, certain designated purposes, such as swimming, skin diving, skiing, fishing, aquatic events and any other water activities.

(z) "Water ski" means all forms, manners, means or contrivances used by persons or persons being towed behind a motorboat or watercraft.

(aa) "Coast Guard approved" means bearing an approval number assigned by the United States Coast Guard.

(bb) "Wake" means the track, waves, path or disturbance left in the water by a watercraft, either by means of its movement through the water or by its power, exhaust or propeller, whether such watercraft is actually moving or not.

(cc) "Boat number" means a series of letters and numerals assigned to the owner by the Ohio Division of Watercraft. The number shall be designated on a certificate of number issued to each boat owner in accordance with a system of numbering which shall be uniform throughout the United States and its territories.

(dd) "Water traffic control devices" means all signs, signals and markings, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding marine or water traffic, including no mooring signs or limited docking signs at public piers, wharves, docks, floats, etc.

(ee) "Personal flotation device" means a type of device designed as follows:

481.02     Police to Enforce Water Traffic Code

The Division of Police shall enforce the provisions of this Water Traffic Code. The Chief of Police shall assign such officers and members of the Division as he may determine necessary who shall be charged with the specific duty of enforcing the provisions of this Water Traffic Code.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

481.03     Authority of Police Chief or Officer in Charge of Ports and Harbors Unit

The Chief of Police, or the officer in charge of the Ports and Harbors Unit is hereby authorized and empowered to:

(a) Make and enforce regulations necessary to make effective the provisions of this Water Traffic Code and to make and enforce temporary regulations to cover emergencies or special conditions.

(b) Enforce all pertinent sections of the Ohio Revised Code and Codified Ordinances of Cleveland, and in the exercise thereof, have the authority to stop and board any watercraft for the purpose of inspection and enforcement of such statutes and ordinances.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

481.04     Obedience to Order of a Police Officer

No person shall refuse to comply with any lawful order, signal or direction of any member of the Division of Police in connection with the operation of watercraft in the waters of Cleveland.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

481.05     Release from Arrest on Notice to Appear

Whenever any person is arrested for any violation of this Water Traffic Code, the arresting officer may serve upon him a citation and notice to appear in court. The arrested person, in order to secure release and when permitted by the arresting officer, must give his written promise to appear in court, as required by the citation and notice served by the arresting officer. Upon the arrested person's failure or refusal to sign such written promise, he may be taken into custody of such arresting officer and so remain or be placed in confinement. The arrestee's watercraft may be taken into a place of impoundment at the expense of the arrestee.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

481.06     Watercraft Number Regulations

(a) Every watercraft operated on the waters of the City shall be numbered pursuant to the Ohio State Numbering System, or an approved numbering system of another state, provided such watercraft has not operated in Cleveland in excess of ninety days, or in accordance with Federal law, except:

(1) Vessels documented by the U.S. Bureau of Customs.

(2) Foreign vessels using City waters temporarily.

(3) Watercraft owned by the United States or by a state or political subdivision thereof.

(4) Ship's lifeboats.

(5) A boat belonging to a class exempted from numbering by the State Division of Watercraft.

(b) Each watercraft shall be required to have its own identification number, and the number is not transferable to any other watercraft. The letters and numerals must be in block characters and at least three inches in height. They shall be of a color or substance that contrasts with the background color of the boat and shall provide clear legibility. The numbers and letters shall read from left to right as they appear on the certificate of award, and the letter group shall be separated from the numerals by hyphens or by equivalent spaces.

(c) The number shall be displayed on the bow of each side of the watercraft or as close to it as practicable, depending on the design of the watercraft. The original certificate of number award must be available on board the watercraft for inspection at all times when the boat is in use. In addition, the Ohio tags indicating the license year of the number award shall be securely affixed by the owner of such watercraft, prior to operation, to the port and starboard sides six inches toward the stern from the identification number.

(d) A dealer's number may be transferred from one watercraft to another in the case of bona fide dealers or manufacturers, and when unsold watercraft are used for demonstration purposes in accordance with provisions of dealer or manufacturer permits.

(e) The responsibility of having a watercraft numbered rests upon the person or persons who own the watercraft, and does not include the person or persons who rent or lease the watercraft, or one who holds a mortgage on a watercraft.

(f) Each certificate of number shall expire on January 1 of each succeeding year. Application for renewal may be made to any authorized agent of the Division of Watercraft, who shall issue to the applicant a metal or plastic tag with the certificate of number award.

(g) The owner of any watercraft already covered by a number in full force and effect which has been awarded to it pursuant to the then operative Federal law of a Federally approved numbering system to another state shall record such number with the Administrator of Watercraft prior to operating the watercraft on the waters of the City in excess of ninety days.

(h) Whenever the ownership of a watercraft changes, a new application form together with the prescribed fee shall be filed with the State Division of Watercraft, and a new certificate of number shall be assigned in the same manner as provided for in the original assignment number.

(i) The owner shall furnish the Division of Watercraft notice of the transfer of all or any part of his interest other than the creation of a security interest in watercraft in the State, or of the destruction or abandonment of such watercraft, except in the case of a transfer of a part interest which does not affect the owner's right to operate such watercraft, such transfer shall not terminate the certificate of number.

(j) Any holder of a certificate of number residing in the City shall notify the City Police Division and the Administrator of the Ohio Division of Watercraft within fifteen days, if his address no longer conforms to the address appearing on the certificate and shall, as a part of such notification, furnish the Administrator and the Police Division with his new address.

(k) No person shall use an outboard motor on a watercraft required to be numbered or on a bailed or rented boat, in any waters of Cleveland without first obtaining a detachable outboard motor license from the Administrator of Watercraft or an authorized agent. The metal or plastic license tag bearing the date of the license year for which issued shall be securely attached to the outboard motor for which issued, prior to its operation on any waters of the City.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)

481.07     Prohibition Against Commercial Fishing

(a) No person shall fish commercially within two miles of the shoreline of Lake Erie within the easterly and westerly boundaries of the City of Cleveland.

(b) Any person who violates this section is guilty of a misdemeanor of the second degree.
(Ord. No. 1033-A-79. Passed 6-11-79, eff. 6-12-79)

481.99     Penalty

(a) Whoever violates any provision of this Water Traffic Code for which no penalty is otherwise provided is guilty of a minor misdemeanor. Each day's violation shall constitute a separate offense. On each subsequent offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree.

(b) Whoever violates Section 485.02, 485.03, 485.09 or 485.14 is guilty of a misdemeanor of the first degree.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)