CROSS REFERENCES
Operation regulations, RC 1547.05 et seq.
Water skiing regulations, RC 1547.14 et seq.
Water Traffic Code definitions, CO Ch 481
Prohibited riding positions, CO 483.06
Operating unsafe watercraft, CO 483.07
Vehicular homicide, CO 621.02
The following rules for preventing collisions shall be followed in the navigation of all public and private watercraft operating upon the waters of Cleveland.
(a) Every watercraft which is under way propelled by sail alone shall be considered a sailboat. Every watercraft which is under way propelled by sail and machinery shall be considered a powercraft. Every watercraft shall be considered under way when it is not at anchor or made fast to the shore or aground. In addition to any other situation, risk of collision shall be determined to exist whenever the compass bearing of the approaching watercraft remains substantially the same.
(b) When two sailboats are approaching one another so as to involve the risk of collision, one of them shall keep out of the way of the other, as follows, namely:
(1) When one sailboat has the wind on the port side and the other has the wind on the starboard side, the sailboat with the wind of the port side shall keep out of the way of the sailboat with the wind on the starboard side.
(2) When both sailboats have the wind on the same side, the sailboat which is to the windward shall keep out of the way of the sailboat which is to leeward.
(3) When a sailboat with the wind on the port side sees a sailboat to windward and cannot determine with certainty whether the other sailboat has the wind on the port or the starboard side, it shall keep out of the way of the other sailboat.
(c) When two powercraft are meeting on reciprocal or nearly reciprocal courses, so as to involve the risk of collision, each shall alter its course to starboard, so that each shall pass on the port side of the other.
(d) When two powercraft are crossing at right angles or obliquely, so as to involve the risk of collision, the powercraft which has the other on its own starboard side shall keep out of the way and shall, if possible, avoid crossing ahead of the other.
(e) When a powercraft and a sailboat are proceeding in such directions as to involve the risk of collision, the powercraft shall yield the right of way to the sailboat, except when the sailboat is overtaking the powercraft.
(f) Every watercraft which is directed by these rules to yield the right of way to another watercraft shall, on approaching such other watercraft, if necessary, slacken its speed, stop, reverse or alter course. Where, by any of the rules prescribed in the Water Traffic Code, or RC Chapter 1547, one of two watercraft shall yield the right of way, the other shall keep its course and speed.
(g) Notwithstanding anything contained in this section, every watercraft overtaking another shall yield the right of way to the overtaken watercraft. Every watercraft coming up with another watercraft from any direction more than twenty-two and one-half degrees abaft the other's beam, that is, as such a position with reference to the watercraft which it is overtaking that at night it would be unable to see either of the other's side or combination bow lights, is an overtaking watercraft; and no subsequent alteration of bearing between the two watercraft shall make the overtaking watercraft a crossing watercraft within the meaning of this section, or relieve it of the duty of keeping clear of the overtaken watercraft until it is finally passed and clear. If the overtaking watercraft is in doubt as to whether it is forward of or abaft this direction from the other watercraft, it should assume that it is an overtaking watercraft and yield the right of way.
(h) In rivers and streams or other areas in which there is a water current, the descending watercraft shall have the right of way over a watercraft which is ascending.
(i) When a powercraft and a rowboat are proceeding in such direction as to involve the risk of collision, such powercraft shall yield the right of way to such rowboat.
(j) Watercraft leaving a dock, boat slip or tie-up space shall yield the right of way to all watercraft approaching such dock, boat slip or tie-up space.
(k) At all times the operator of a watercraft shall maintain a proper lookout required by the ordinary practice of seamen and by the special circumstances of the case.
(l) In obeying and construing this section, due regard shall be had to all dangers of navigation and collision and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger.
(Ord. No. 755-A-86. Passed 10-27-86, eff. 10-31-86)
No person shall operate a watercraft or manipulate any water skis, aquaplane or similar device in a reckless manner or carelessly or heedlessly, or at a speed greater or less than is reasonable or proper, having due regard to other watercraft, waves, weather and wind and any other condition then existing, or at a speed to cause a wake so as to endanger any person, swimmer or property of a person, having due regard to the presence of other watercraft, or persons or other subjects in or on the waters of Cleveland, or in disregard of the rights or safety of any person, watercraft or property, or without due caution.
(Ord. No. 1348-90. Passed 8-23-90, eff. 8-31-90)
(a) No person shall operate, be in physical control of any vessel underway or manipulate any water skis, aquaplane or similar device upon the waters of this City, if any of the following apply:
(1) The person is under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;
(2) The person has a concentration of ten-hundredths of one percent (0.10%) or more by weight of alcohol in his blood;
(3) The person has a concentration of fourteen-hundredths (0.14) of one gram or more by weight of alcohol per 100 milliliters of his urine;
(4) The person has a concentration of ten hundredths (0.10) of one gram or more by weight of alcohol per 210 liters of his breath.
(b) In any criminal prosecution for a violation of this section, the court may admit evidence on the concentration of alcohol or a drug of abuse in the defendant's blood, urine or breath at the time of the alleged violation as shown by chemical analysis of the defendant's blood, urine or breath, taken within two hours of the time of the alleged violation.
When a person submits to a blood test, only a physician, registered nurse or qualified technician or chemist shall withdraw blood for the purpose of determining its alcohol or drug of abuse content. This limitation does not apply to the taking of breath or urine specimens. A physician, registered nurse or qualified technician or chemist may refuse to withdraw blood for the purpose of determining its alcohol or drug of abuse content if in his opinion the physical welfare of the person would be endangered by the withdrawing of blood.
The blood, urine or breath shall be analyzed in accordance with methods approved by the Ohio Director of Health by an individual possessing a valid permit issued by the Director of Health pursuant to RC 3701.143.
If there was at the time the blood, urine or breath was taken a concentration of less than ten-hundredths of one percent (0.10%) by weight of alcohol in the defendant's blood, less than fourteen hundredths (0.14) of one gram by weight of alcohol per 100 milliliters of his urine, or less than ten hundredths (0.10) of one gram by weight of alcohol per 210 liters of his breath, such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
Upon the request of the person who was tested, the results of the test shall be made available to him, his attorney or agent immediately upon the completion of the test analysis.
The person tested may have a physician, registered nurse or qualified technician or chemist of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer, and shall be so advised. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
A physician, registered nurse or qualified technician or chemist who withdraws blood from a person pursuant to this section, and a hospital, first aid station or clinic at which blood is withdrawn from a person pursuant to this section, is immune from criminal liability, and from civil liability that is based upon a claim of assault and battery or based upon any other claim that is not in the nature of a claim of malpractice, for any act performed in withdrawing blood from the person.
(RC 1547.11; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)
In any hearing in the Municipal Court of Cleveland on a charge of operating a watercraft under the influence of alcohol or any drug of abuse, testimony that a watercraft bearing a certain number award was found to be in violation hereunder and further testimony that the records of the State show that such number award was issued to the defendant and further testimony that the defendant was found on the watercraft or immediate vicinity when the violation occurred, shall be prima-facie evidence of unlawful operation of such watercraft by the defendant. A certified copy showing such facts from the State Division of Watercraft shall be proof of such ownership.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
The operator of a watercraft shall not follow another watercraft more closely than is reasonable and prudent, having due regard to the speed of such watercraft and other marine traffic in the immediate vicinity.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
The operator of a watercraft emerging from a boat club basin, boat club harbor or any other enclosure, or from behind a breakwall, pier or other obstruction either permanent or temporary or from a river shall, before entering open water, slow such watercraft to a speed slow enough to enable him to observe marine traffic in such open water, and shall yield the right of way to such other marine traffic so that he may safely enter such open water without hindrance to other watercraft already in such open water.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
No person shall operate any watercraft or vessel in a manner which will unreasonably or unnecessarily interfere with other watercraft or vessels or with the free and proper navigation of the waterways of the City. Anchoring or mooring under bridges or in a heavily traveled channel, or in a Coast Guard established Safety Zone or in an area covered by Special Local Regulations established by the U.S. Coast Guard, shall constitute such interference if unreasonable under the prevailing circumstances. The Director of Public Safety is hereby authorized to create a watercraft pound to which watercraft may be removed by police officers.
(Ord. No. 1348-90. Passed 8-23-90, eff. 8-31-90)
No watercraft shall be loaded with passengers or cargo beyond its safe carrying capacity, nor carry passengers in an unsafe manner, taking into consideration weather and other existing operating conditions.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
(a) The operator of a vessel involved in a collision, accident or other casualty, so far as he can do so without serious danger to his own vessel, crew and passengers, shall render to other persons affected by the collision, accident or other casualty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident or other casualty, and also shall give his name, address and identification of his vessel in writing to any person injured and to the owner of any property damaged in the collision, accident or other casualty, or to any person who requests such information.
Any person who renders assistance at the scene of a collision, accident, or other casualty involving a vessel is not liable in a civil action for damages or injury to persons or property resulting from any act or omission in rendering assistance or in providing or arranging salvage, towage, medical treatment, or other assistance except that the person is liable for willful or wanton misconduct in rendering assistance. Nothing in this section precludes recovery from any tortfeasor causing a collision, accident, or other casualty, of damages caused or aggravated by the rendering of assistance.
(b) In the case of collision, accident or other casualty involving a vessel, the operator thereof, if the collision, accident or other casualty results in loss of life, personal injury requiring medical treatment beyond first aid, or damage to property in excess of two hundred dollars ($200.00), shall file with the Police Division a full description of such collision, accident or other casualty, within twenty-four hours, on such form as may be prescribed.
(c) If the vessel operator involved in a collision, accident or other casualty is incapacitated, the investigating police officer shall file the required form.
(RC 1547.59; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)
(a) The provisions of this chapter regulating the operation of watercraft shall apply to authorized emergency watercraft, except that an operator of such emergency watercraft in an emergency may:
(1) Exceed the prima-facie speed limits so long as he operates with due regard for the safety of all persons in the area and sounds audible signals by bell, siren or exhaust whistle.
(2) Anchor, stop, moor, dock or dive, notwithstanding the provision of this section.
(b) The provisions of this chapter shall not apply to persons, barges, derricks, tugs, work watercraft and other equipment while actually engaged in work within an area designated by the Director of Port Control of the City or other State and Federal government agencies.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
The operator, owner or person in charge of a watercraft in the waters of Cleveland shall obey the rules of the road as promulgated by the United States Coast Guard in the Department of Treasury and all laws approved by the State General Assembly for the Division of Watercraft, Department of Natural Resources.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
No person shall anchor a watercraft for fishing, or anchor or stop or allow a watercraft to drift for any purpose other than an emergency in any City waters in such a position as to obstruct a passageway or channel ordinarily used by other watercraft, which also includes entrances and channels into yacht club and marina harbors. No person shall anchor or allow a watercraft to drift or obstruct marine traffic in the Cuyahoga River, or at the mouth of the Cuyahoga River, or in the channel entrance to the Cleveland Harbor or in the shipping channel at the East Light where such anchoring or drifting would hinder commercial and other watercraft from safe and proper use of such channels. No person shall moor or anchor any watercraft in a designated speed zone or water ski zone.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
No person shall moor or tie a watercraft to any public pier, public wharf or public dock when such pier, wharf or dock has been posted by signs erected by Federal, State or City officials assigned to the Department of Port Control, prohibiting such mooring. No person shall moor or tie to any such pier, dock or wharf in excess of a time limit stipulated by such signs.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
(a) No person shall without lawful authority climb on, swim and hang on, dive off, tie a watercraft to or attempt to tie a watercraft to, injure, sink, disconnect from its anchor, damage, deface or interfere with any buoy or other aid to navigation which is placed, anchored or erected by the United States Coast Guard, State or City.
(b) No person shall knowingly damage, remove or tamper with any signal, buoy or other aid to navigation.
(c) No person, unless in distress and no other watercraft or vessel is endangered thereby, shall moor to, anchor to or tie up to any marker, aid, buoy, light or other aid to navigation.
(d) No person shall purposely sever the mooring lines, set adrift, injure or damage in any manner any watercraft which is moored, docked, buoyed or tied up on the waters of Cleveland.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
In any hearing of the Municipal Court on a charge of unlawful anchoring, mooring or tying of watercraft, testimony that a watercraft bearing a certain number award was found to be unlawfully anchored, moored or tied in violation of any of the provisions of this Water Traffic Code, and further testimony that the records of the Administrator of the State Division of Watercraft show that such number award was issued to the defendant, shall be prima-facie evidence that the watercraft which was so anchored, moored or tied was operated by the defendant at the time of the violation. A certified copy showing such fact of registration from the State Division of Watercraft shall be proof of such ownership.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
No person shall use a public launching ramp in the City for any other purpose than to launch a watercraft and shall do so as expeditiously as possible without prejudice to other person or persons waiting to use such ramp. No person shall use a ramp for the purpose of repairing a watercraft or its engine or refuse to move a watercraft or trailer when ordered by a police officer or person designated to supervise the proper use of such public launching ramps.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
No person shall let, loan or rent, with or without hire, any watercraft to any person who is under the influence of alcohol or any drug of abuse, or who, by reason of having been drinking any alcohol or using drugs, may be incompetent to take charge of the management of a watercraft.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
No person shall let, loan or rent with or without hire, any watercraft to any person under sixteen years of age. However, any person may let, loan or rent a watercraft to persons under sixteen years of age, when accompanied in the use of such watercraft by a competent person over sixteen to take charge of and manage the same. This section does not apply to regular training programs conducted by competent instructors, Sea Scout groups or persons under the jurisdiction of their parents or guardians.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
(a) Except as otherwise provided in this division, no person under sixteen years of age shall operate a personal watercraft on the waters in this state. A person who is not less than twelve, nor more than fifteen years of age may operate a personal watercraft if a supervising person eighteen years of age or older is aboard the personal watercraft and, in the case of a supervising person born on or after January 1, 1982, if the supervising person holds a certificate obtained under Section 1547.05 of the Revised Code or, in the case of a rented powercraft, meets the requirements of Section 1547.052 of the Revised Code.
(b) No person under twelve years of age shall operate any vessel on the waters in this state unless the person is under the direct visual and audible supervision, during the operation, of a person who is eighteen years of age or older. This division does not apply to a personal watercraft, which shall be governed by division (a) of this section, or to a powercraft, other than a personal watercraft, powered by more than ten horsepower, which shall be governed by division (c) of this section.
(c) No person under twelve years of age shall operate on the waters in this state a powercraft, other than a personal watercraft, powered by more than ten horsepower unless the person is under the direct visual and audible supervision, during the operation, of a person eighteen years of age or older who is aboard the powercraft and, in the case of such a supervising person born on or after January 1, 1982, who holds a certificate obtained under Section 1547.05 of the Revised Code or, in the case of a rented powercraft, meets the requirements of Section 1547.052 of the Revised Code.
(d) No supervising person eighteen years of age or older shall permit any person who is under the supervising person's supervision and who is operating a vessel on the waters in this state to violate any section of this chapter or a rule adopted under it. (RC 1547.06)
(e) No owner of any watercraft or any person having such in charge or in control shall authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disability is incapable of operating such watercraft under the prevailing circumstances.
(f) No person shall operate any watercraft when mentally or physically incapacitated so as to prevent operation in a safe and competent manner.
(Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)
(a) No person shall operate a watercraft and tow or otherwise assist a person, nor shall any such person be on water skis, aquaplane, surfboard or similar contrivance in Cleveland waters unless such watercraft is occupied by at least two competent persons: one who shall be the operator to observe the traffic pattern toward which such watercraft is approaching and one who shall be the observer to observe the progress of the person being towed, provided that this section does not apply to watercraft used in duly authorized ski exhibitions, tournaments or other aquatic events.
(b) No person shall water ski or tow or otherwise assist anyone on water skis, aquaplane, surfboard or similar contrivance in the following waters or circumstances:
(1) Within 200 feet from shore or any other permanent or temporary obstruction, pier, breakwall, boat or yacht club entrance, swimming beach, anchored watercraft or any other watercraft when such skiing would constitute a hazard to life or property. However, this subsection does not apply to watercraft used in duly authorized ski exhibitions, tournaments or other aquatic events;
(2) From sunset to sunrise, provided that this subsection does not apply to watercraft used in duly authorized ski exhibitions, tournaments or other aquatic events;
(3) In a reckless or dangerous manner or when more than two persons are being towed simultaneously by the same watercraft. Any person on water skis, aquaplane, surfboard or similar contrivance shall conduct himself upon the same in a careful and prudent manner and shall remain at all times a reasonable and prudent distance from the person and property of others, provided that this subsection does not apply to watercraft used in duly authorized ski exhibitions, tournaments or other aquatic events;
(4) Unless such person being towed is wearing an adequate and effective Coast Guard approved Type 1, 2 or 3 personal flotation device, provided that this subsection does not apply to watercraft used in duly authorized ski exhibitions, tournaments or other aquatic events authorized by special permit. A watercraft operator towing a person not wearing a personal flotation device as prescribed in this section shall be deemed in violation of this section. All personal flotation devices shall be in good and serviceable condition and of appropriate size.
(c) No person shall install or maintain any structure or inclined platform known as a water ski jump on the waters of Cleveland, and no person shall use such structure or platform for water ski jumping, except upon special permit.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
Swimming in Cleveland waters shall be confined to restricted swimming areas or to within a distance of fifty feet from the shore or pier not within any channel or passageway ordinarily used by watercraft. Swimming may be permitted in other areas when the swimmer is accompanied by an occupied watercraft and swims within a distance of fifty feet of such accompanying watercraft. No person shall swim or act in such a manner as to endanger his life or so as to cause injury to another person while swimming in the Cleveland waters. The operator of any watercraft shall yield the right of way to a swimmer at all times.
Swimming shall be prohibited at the Cleveland Electric Illuminating Company and the Municipal Light and Water Plant intakes and water outlets or along the breakwall adjoining the same or in other areas when signs are posted prohibiting swimming.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
Skin diving in Cleveland waters shall be confined to restricted swimming areas or to within a distance of fifty feet from the shore or pier not within any channel or passageway ordinarily used by watercraft. Skin diving and SCUBA diving may be permitted in other areas when such diver is accompanied by an occupied watercraft and the area in which he is diving is marked by an adequately displayed diver's flag. It shall be a violation for such diver to surface further than fifty feet of such diver's flag. The diver's flag referred to shall be such as described in Section 481.01(q).
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)