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Note: The legislative history of this Chapter, except where specifically noted at the end of a section, is as follows: Ordinance No. 63410-A, passed September 22, 1924.

CROSS REFERENCES

Watercraft and navigation, RC Ch 1547

Public landings: establishment, use, charges, CO 575.01 et seq.

Duties of bridge tenders, CO 577.05

Signals and passage through drawbridges, CO 577.07 et seq.

Littering in lakes, rivers, watercourses, CO 613.09

573.01     Rules and Regulations

The Director of Port Control may make such rules and regulations for the management of employees thereon as he may deem just and reasonable not inconsistent with the ordinances of the City; provided that, when navigation is closed and the services of employees are not required in the swinging of bridges and viaducts, the captains, guards and engineers on bridges and viaducts shall be employed in repairing, cleaning and otherwise caring for such bridges and viaducts.
(Ord. No. 1484-54. Passed 6-21-54, eff. 6-29-54)

573.02     Removal of Obstructions; Notice; Enforcement

Whenever it becomes necessary, in the judgement of Council, to cause the removal of any obstruction which was heretofore or is hereafter placed within the limits of the harbor, as defined in the map of survey and ordinance establishing the same, Council shall cause an order to be made requiring the removal of such obstruction. Thereupon the Director of Port Control shall cause written notice to be served upon the owner of any lot or land bounding or abutting upon the harbor line who may have caused such obstruction therein or who may have permitted any such obstruction to remain in front of his premises, requiring him to remove the same without delay. If such person neglects or refuses to remove or cause the same to be removed within a reasonable time after receiving notice of the same, the Director, upon the order of Council, shall cause the obstruction to be removed, and the expense thereof may be recovered from the owner in a civil action before any court of competent jurisdiction.
(Ord. No. 1484-54. Passed 6-21-54, eff. 6-29-54)

573.03     Retaining Works for Certain Channels

For the free, convenient and safe navigation of the Cuyahoga River, the old ship channel, sometimes called the old river bed, and the Standard Oil slip, located within the corporate limits of the City, and in order to provide against the subsidence, washing, falling or depositing therein of earth or any other material from the abutting land by reason of any work or structure erected or maintained thereon, or material deposited or operations conducted therein, such necessary retaining works and structures and such repairs of existing works or structures as are suitable and necessary to preserve the channel and to prevent such depositing of earth or other material shall be constructed in the manner and at the times provided in Sections 573.04 and 573.05.

573.04     Construction or Repair; Notice; Enforcement

(a) Whenever Council declares by resolution that a condition exists making it necessary that retaining works or structures be constructed, or any existing works or structures, wharves, docks or bulkheads, or any portion of the same be repaired along the established dock lines of the Cuyahoga River, old ship channel or the Standard Oil slip, in front of any specified parcel of land abutting such waterway, the Clerk of Council shall serve, or cause to be served by some person designated by him for that purpose, a written notice of the passage of such resolution upon the owners of such parcel of land, or upon the agents of such owners. Notice shall be served and returned, or published in case the owners or agents cannot be found within the City, which service, return and publication shall be in the manner provided for in RC 727.13.

(b) If the requirements of such resolution are not observed within such number of days from the service of notice or expiration of the publication as are specified in the resolution of Council, the Director of Port Control shall have the same done at the expense of the owner and in accordance with the plan attached to the resolution or as therein described, and shall report the cost thereof so that the same may be a lien upon the property and may be collected as is provided in RC 727.33.
(Ord. No. 1484-54. Passed 6-21-54, eff. 6-29-54)

573.05     Retaining Works; Specifications

Hereafter all wharves, docks, piers or bulkheads constructed, repaired or renewed along the Cuyahoga River, old ship channel or Standard Oil slip shall be built on the dock lines established by Council and shall comply with the requirements specified in this section, but the specifications contained herein shall not be construed as a limitation upon the power of Council to provide by resolution for such construction or repairs as may be necessary fully to carry out the provisions of Sections 573.03 and 573.04. Council may by resolution prescribe requirements for construction or repairs additional to those specified in this section, in order that the requirements of any particular or peculiar condition may be met. All wharves, docks, piers or bulkheads shall be constructed with a sheet piling forming a sandproof joint, either tongued and grooved or ship lap sheeting or two courses of sheet piling driven so as to break joints, the total thickness of sheeting in all cases to be not less than six inches. If this sheeting is less than five feet from the face of that portion nearest the channel of the dock it shall be directly supported by at least four trimmers or timbers placed longitudinally; two above water and one placed about six feet below the water line and another at least twelve feet below the water line; these trimmers to be supported by piling at least forty-five feet in length and not farther apart than three and one-half feet from center to center, each pile to be securely anchored.

The sheet piling shall be of such length as to extend at least thirty feet below the City base of levels, or such greater length as shall effectually retain the earth or bank from washing or sliding into the River by reason of the action of the current or other cause. The heads of the anchor bolts, if secured to the front row of piling, shall either be countersunk into the piles or protected by a waling strip on the front of the piles. All variations in the height of the adjoining sections of any dock or series of docks shall be provided for by proper slopes or inclines, which inclines shall not exceed a grade of ten feet in 100 feet, and no abrupt changes of elevation shall be made. All details of wharf, dock, pier or bulkhead construction not provided for in this section shall be subject to the approval of the Director of Port Control. No wharf, dock, pier, bulkhead, protection or revetment shall be constructed, repaired or renewed along the Cuyahoga River, the old ship channel, the Standard Oil slip or in or along the outer harbor and lakefront (except that portion of the outer harbor and lakefront under the jurisdiction of the United States Government) without first securing written permission from the Director, which permission shall only be given after submitting to the Director detailed plans of the proposed construction.
(Ord. No. 1484-54. Passed 6-21-54, eff. 6-29-54)

573.06     Harbor Lines; Enforcement

The Harbor Master shall report to the Director of Port Control any and all encroachments upon the harbor lines, as established by ordinance of Council, or which may hereafter be made. Thereupon the Director shall take such action as may be necessary to enforce the provisions of this chapter.
(Ord. No. 1484-54. Passed 6-21-54, eff. 6-29-54)

573.07     Harbor Boundaries

The harbor shall consist of such portion of the Cuyahoga River and Ohio Canal as are within the City limits, and such portion of Lake Erie, including the waters of the government breakwater, as lies adjoining to, and extending one mile into the Lake, between the east and west lines of the City; also the ship canal and old river bed improvements, as defined in the original map and survey of Ahaz Merchant, originally designed and prescribed by ordinance, shall be a portion of the harbor of the City, and all the territory embraced within the limits of the survey as aforesaid, shall be a portion of the harbor of the City and shall be subject to the control of the Commissioner of Harbors through the Harbor Master, and to all the rules and regulations hereinafter contained or which shall hereafter be provided by Council.
(Ord. No. 1484-54. Passed 6-21-54, eff. 6-29-54)

573.08     Placing Materials in Harbor

No person shall throw or deposit, or suffer to be thrown or deposited in the harbor, or any part thereof, any earth, ashes or other heavy substances, filth, logs or floating matter of any description, or any obstructions; nor place any such material on the bank, wharves, docks or piers of the harbor, in such position as to be liable to be washed off or otherwise conveyed into the harbor; nor make or direct any channel for the passage of water so as to carry any such material into the harbor; nor shall any person place or deposit, or cause to be placed or deposited, any such materials upon any dock, wharf, pier, bank, vessel, boat or float, without a good and sufficient preventive against such materials falling into the harbor.

573.09     Obstructions in Harbor

No person shall drive or place, or cause to be driven or placed, any pile, stone, timber, earth or other obstruction in the harbor, without permission from Council, or by direction of the Director of Port Control for public purposes; nor shall any person or company use the piers of the harbor erected by the Federal Government without the permission of a Federal agent for the piers, or the Director.
(Ord. No. 1484-54. Passed 6-21-54, eff. 6-29-54)

573.10     Responsibilities of Abutting Property Owners

(a) Every owner or occupant of premises abutting on the harbor shall at all times keep the wharves and docks on the premises in good repair and safe condition. Whoever violates this section shall be held liable for all damages to persons or property by reason of such unsafe conditions or wharves and docks.

(b) No later than May 31, 2001, every owner of any property, whether improved or not, abutting the Cuyahoga River from the Norfolk Southern Bridge south on the river to the Center St. Bridge and every owner of any property on which alcohol is sold abutting the Cuyahoga River or Old River, where the vertical rise prevents egress to the shore, shall install and maintain at least one ladder facilitating access from the river to the shore per one hundred fifty linear feet (150′) of property along the shoreline, but no less than one ladder per property. Owners of property on the portion of Whiskey Island that abuts the Cuyahoga River south of the Norfolk Southern Bridge where the vertical rise prevents egress to the shore are excluded from the above requirement, except for owners of property abutting the river on which alcohol is sold. The bottom of the ladder shall reach a depth of two feet (2′) below the mean low water level, which is five hundred and sixty nine and two-tenths feet (569.2′) above sea level. The top of the ladder shall terminate no less than one foot (1′) above the mean high water level, which is five hundred and seventy-four and three tenths feet (574.3′) above sea level, and shall be designed to facilitate safe egress to the shore. The ladders shall be constructed of durable, marine compatible materials. All required permits shall be obtained for installation of the ladders and a Certificate of Appropriateness shall be obtained from the City. The review process for the Certificate of Appropriateness shall include review of the design of the ladders by the City Planning Commission and the Division of Building and Housing. The City Planning Commission shall refer an application for a Certificate of Appropriateness to the local design review committee. Upon receipt of a recommendation from the local design review committee, the City Planning Commission shall review the application at the next regularly scheduled City Planning Commission meeting.

(c) No later than May 31, 2001, every occupant of property, whether improved or not, abutting the Cuyahoga River from the Norfolk Southern Bridge south on the Cuyahoga River to the Center St. Bridge, every occupant of any property on which alcohol is sold abutting the Cuyahoga River or Old River, every occupant of property, whether improved or not, abutting a deck that abuts the Cuyahoga River from the Norfolk Southern Bridge south on the river to the Center St. Bridge, and every occupant of any property on which alcohol is sold abutting a deck that abuts the Cuyahoga River or Old River shall provide and maintain at least one serviceable thirty-inch ring life buoy, or approved rescue line-throwing bag, per one hundred fifty linear feet (150′) of property along the shoreline. Occupants of property on the portion of Whiskey Island that abuts the Cuyahoga River, or that abuts a deck that abuts the Cuyahoga River, south of the Norfolk Southern Bridge, are excluded from the above requirement, except for occupants of property abutting the river, or abutting a deck that abuts the river, on which alcohol is sold. There shall be no less than one ring buoy or approved rescue line-throwing bag per business establishment located within the area described above. At least seventy-five feet (75′) of suitable floating line shall be attached to each ring buoy or line-throwing bag. The ring buoy or line-throwing bag shall be accessible to the public at or near the bank of the river.

(d) No later than May 31, 2001, every occupant of improved property abutting the Cuyahoga River or Old River or abutting a deck that abuts the Cuyahoga River or Old River and containing a commercial establishment selling alcohol shall provide at least one twelve foot (12′) minimum length pole to be used to retrieve persons or property from the water and at least one portable hand-held lantern of sufficient power to identify floating objects in the water at a minimum distance of fifty feet (50′). The pole and portable light may be accessible to employees only.

(e) The denial of a Certificate of Appropriateness may be appealed to the Board of Zoning Appeals consistent with the Charter, ordinances and rules applicable to that Board.

(f) There shall be a chart conspicuously posted to indicate which individuals will be responsible for monitoring compliance of this section.

(g) Whoever violates this section shall be guilty of a misdemeanor of the first degree.
(Ord. No. 1485-2000. Passed 5-21-01, eff. 5-31-01)

573.11     Prohibited Acts in Marginal Water Areas; Permit

No person shall do any of the following described acts on, in or over any submerged or artificially filled lands made by accretion resulting from artificial encroachments or structures on the water side of the last natural shore line of any privately owned littoral land within the territory covered or formerly covered by the waters of Lake Erie, title to which is in the State, and within the limits of the City as defined in RC 721.04, without first having obtained a permit from the Director of Port Control:

(a) Place by dumping or otherwise earth or other material within the part of any such area now submerged or continue in the doing thereof upon any existing fills or places within such area.

(b) Erect or deposit any structure or things or by any works change the existing condition of any part of such area submerged or filled.

(c) Remove or continue to remove any sand or other earth, material or mineral content from such area.
(Ord. No. 1484-54. Passed 6-21-54, eff. 6-29-54)

573.12     Permit Application

Before any permit in Section 573.11 is issued, the applicant therefor shall file with the Director of Port Control a written application which sets forth the following:

(a) A description of the littoral land in front of which the applicant proposes to operate; the name of the owner of such littoral land and, if the applicant is not the owner, the interest the applicant has therein. Such description shall include a map showing the existing natural shore line of such littoral land or the last natural shore line before any previous filling or construction was done on the water side of such line.

(b) A description of what operations are proposed to be done or continued by the applicant on the water side of such last natural shore line and, if the erection of any structure or works is involved, plans thereof, as required by the Building Code or other applicable ordinances.
(Ord. No. 1484-54. Passed 6-21-54, eff. 6-29-54)

573.13     Mandatory Referral to Planning Commission and Port and Harbor Commission

(a) Such application shall be referred by the Director of Port Control to the Port and Harbor Commission and to the Planning Commission. No permit shall be issued without the approval of both Commissions except when expressly authorized by ordinance of Council.

(b) Either Commission may formulate conditions to be incorporated in such permit which it may deem necessary to protect the interest of the public in the water area, and if the proposed operations by the appellant involve construction of a building or other works, the plans therefor must first be approved and permits issued as required by other applicable ordinances of the City before any permit provided hereby shall be issued.
(Ord. No. 1484-54. Passed 6-21-54, eff. 6-29-54)

573.14     Permit Issuance

Upon the receipt of the approvals required by Section 573.13, the Director of Port Control shall issue to the applicant a permit conforming with and not in derogation of the laws of Ohio applicable thereto and in form approved by the Director of Law, but all such permits shall be considered as temporary in nature pending demand of the site covered thereby for more permanent use in aid of navigation and commerce or other public use to which it is adapted. No such permit shall give the applicant, his successor or assignee, any right to occupy or use the area covered by the permit for a period of more than three years, or, in the alternative, be revocable at the will of the Director of Port Control or by action of Council. If the use of the applicant of the area covered by a permit is for commercial purposes of the applicant, the Director of Port Control shall fix a reasonable charge for such use to be paid by the applicant unless the Director considers that the filling or improvements to be done by the applicant which, under the terms of the permit, will become the property of the City or State on termination, will be a reasonable compensation for such use; but no charge shall be required in case a littoral owner or his tenant is the applicant and proposes to place in the submerged area, while it remains in its natural state, reasonable facilities for the taking of water for use on such littoral land.
(Ord. No. 1484-54. Passed 6-21-54, eff. 6-29-54)

573.15     Operations by City Exempted

Nothing in Sections 573.11 to 573.14 shall limit the power of the City to permit dumping or other operations by the City or a lessee of the City in any area, title to which is in the State as defined in RC 721.04, which the City has taken possession of or leased, to be filled in or otherwise improved and used by itself or its lessee.
(Ord. No. 1484-54. Passed 6-21-54, eff. 6-29-54)

573.16     Regulation of Vessels; Enforcement

In addition to the regulations set forth in Sections 573.08 to 573.42 and 573.99, the Director of Port Control is hereby authorized to adopt regulations not in conflict with law or ordinance for the operation of vessels within the harbor, as the same is defined and described in Section 573.07. As used in this section "vessels" includes every description of water craft, including non-displacement craft and seaplanes, used or capable of being used as a means of transportation. Regulations shall provide, among others, for the safe speed of operation, proper use of the mooring and landing facilities and for the conduct of persons using the harbor for commercial shipping, recreation, fishing, water sports and other aquatic events. Regulations shall also provide for prohibition of mooring in Safety Zones established by the U.S. Coast Guard, unless partial waivers are provided by the U.S. Coast Guard. No such regulation shall permit the operation of any such craft in a negligent manner or at an excessive speed except in cases of fire or extreme emergency, nor permit the operation within the harbor of vessels which do not meet the equipment requirements of the United States Coast Guard. As used in this section, "operation in a negligent manner" means operating so as to endanger life, limb, or property. Within the limits of the Cuyahoga River, "excessive speed" means a speed greater than six miles per hour or a speed of 6 mph or less at which the vessel produces a wake capable of endangering life, limb or property. Regulations shall have the force and effect of ordinances until amended or rescinded by the Director or disapproved by ordinance of Council or in conflict therewith. Violations of such regulations shall be subject to the penalties provided in Section 573.99. Such regulations so adopted and published shall be enforced by the Director of Port Control, the Commissioner of Harbors, the Harbor Master or the person in the Division of Harbor designated by any of them for such purpose, or the Chief of Police pursuant to Section 481.03 of the Traffic Code, or by any police officer acting at the direction of any of the above described officials.
(Ord. No. 1348-90. Passed 8-23-90, eff. 8-31-90)

573.17     Publication of Ordinances Relating to Bridges; Viaducts

(a) A copy of the ordinances relating to the management of bridges and viaducts and the signals for opening and closing the same shall be posted up in the pilot house of every tug employed in navigating the Cuyahoga River or old river bed. The Harbor Master is hereby instructed to furnish, upon application, a printed copy of the same to the master of any such tug.

(b) As used in this chapter "bridge" means all structures usually classed as bridges or viaducts.

573.18     Harbor Master's Jurisdiction and Duties

The Harbor Master, or person designated by the Director of Port Control to carry out the Harbor Master's duties is hereby authorized and required to give such orders and directions relative to the location, change of place or station, the manner of moving in the harbor of every vessel, lying, moving or laid up in the harbor, as may be necessary to promote order therein, and the safety and equal convenience of such vessels. The authority and jurisdiction of the Harbor Master are hereby extended to all vessels entering, navigating or lying in any slip within the City. All penalties prescribed in this chapter for a violation of regulations, or disobedience of the orders or directions of the Harbor Master, are hereby made applicable to the owners, masters or other persons having charge of such vessels and may be imposed in the same manner and to the same extent as is prescribed against owners, masters or other persons in charge of vessels within the limits of the harbor. No owner, master or other person, having in charge the same, shall refuse or neglect to obey any such order or direction.
(Ord. No. 1348-90. Passed 8-23-90, eff. 8-31-90)

573.19     Unloading or Tying up Without Permission

No person shall unload any boat or vessel at, on or in any of the public wharves, docks, bridges or public grounds of the City or otherwise place or deposit on any such wharf, dock, bridge or public ground, any stone, lumber, timber, firewood or other material, without permission from the Harbor Master; nor shall any owner, master or other person having in charge any steamboat or other vessel, craft or float, fasten or lay or cause to be fastened or laid any steamboat, vessel or other craft or float to any private or public dock, wharf, bridge or public grounds of the harbor after having been forbidden to do so by the Harbor Master.

573.20     Vessel Movement Causing Bridge Damage

No vessel, float, boat or other watercraft navigating the Cuyahoga River, or other watercourse or channel shall be so moved as to run against or injure any bridge, draw or abutment of any bridge within the City.

573.21     Rules of Road near Bridges

All vessels, when passing through any bridge across the harbor, shall take the righthand side of the bridge unless otherwise permitted by the bridge tender or other competent authority, and shall be moved as expeditiously as possible, but in no case shall any vessel occupy the draw of any bridge across the harbor, so as to prevent such draw from being either closed or opened, for a period longer than ten minutes. Every person in charge of any vessel desiring to pass with such vessel through any bridge, shall give notice to the bridge tender of his intention, allowing a reasonable time for the opening of such bridge. No vessel shall be laid, anchored, moored or made fast, so as to prevent any bridge from being opened or closed speedily; nor shall any line or fastening be run or made fast to any bridge, or to any pile or other timber appertaining to or connected with any bridge.

As used in this section, "vessel" has the same meaning as in 33 U.S. Code Section 242.

573.22     Liability for Damages

No person owning or having charge of any vessel, float, boat or other craft, shall suffer or permit his vessel, float, boat or other watercraft, to be used or moved so as to violate any of the provisions of this chapter. The vessel, float, boat or other watercraft, and the owners or persons having charge of the same, shall be further liable to the City for all damages sustained.

573.23     Obstructing Drawbridges

No boat or other craft shall be anchored or moored, or made fast so as to prevent the draw of a bridge from being speedily opened or closed, or in any manner obstruct the passage of boats through the draw of such bridge, or be made fast to any part of the same.

573.24     Running Vessels against Piers, Bridges or Viaducts

No vessel, float, boat or other craft navigating the Cuyahoga River shall be so moved as to run against the river piers of any bridge or viaduct or the iron draw or fixed spans of the same.

573.25     Ship in Distress Assisted by Other Vessels; Compensation

If any steamboat, vessel or other craft in making or leaving the harbor is in distress or danger and obliged to anchor outside the harbor, or if any steamboat, vessel or other craft by anchoring inside the piers or other part of the harbor, or by winding or other cause shall get foul and obstruct the navigation or passage of other boats or crafts, the Harbor Master shall have power and is hereby authorized to order to its assistance men, boats and tackle from any tug lying in the harbor, or any other boat or craft in port, unless such vessel or craft contemplates immediate departure from port or departs within thirty minutes after having been called upon for such assistance. Every master or officer of such boat, craft or tug shall render the assistance so ordered; every master or officer shall receive such assistance when his vessel obstructs the passage of any other vessel. Any steamboat, vessel or other craft or float receiving such assistance shall pay to the person rendering the same any sum fixed by the Harbor Master, not exceeding fifty dollars ($50.00).

573.26     Obstructing Harbor

No owner, master or other person having in charge any vessel shall anchor or otherwise fasten or permit to be anchored or fastened any such vessel in the harbor so as to obstruct the passage of any other vessel in coming into or going out of the harbor. No such vessel shall make fast to any pile driven as a fender to either the east or west government pier. No vessel shall moor in a Safety Zone established by the U.S. Coast Guard unless granted a Coast Guard partial waiver.
(Ord. No. 1348-90. Passed 8-23-90, eff. 8-31-90)

573.27     Housing Anchor; Ship's Lights

All vessels while lying in the harbor or at any of its slips or piers shall carry their anchors in such a manner that they shall not in any way do damages to or come in contact with any vessel that is coming in or going out of the harbor or moving about therein; and in entering or leaving the harbor shall be moved slowly and under a low head of steam, or short sail, so as not to endanger any other vessel. All steamboats, vessels, canal boats or other watercrafts, shall keep outboard, during the night, a conspicuous light, and shall have extinguished, or secured safely at dark, all fires that may be kept on board.

573.28 and 573.29     Reserved

Note: Former Sections 573.28 and 573.29 were repealed by Ord. No. 1348-90, passed 8-23-90, eff. 8-31-90.

573.30     Dragging Anchor; Markers Locating Pipes, Wires and Cables

All vessels of any description navigating the harbor are hereby prohibited from dragging their anchors at any point in the Cuyahoga River or old river bed. Any owner, master, officer or other person in charge of any such vessels, violating any provisions of this section, shall be liable to the person injured for all damages sustained by reason of such violation to the water pipes of the City, or to the gas pipes of any gas and coke company or gas company, or the wires or cables of the City, or of any person or company having proper authority for laying such wires or cables located within the limits of the harbor. The Director of Port Control shall cause suitable signboards to be erected on each side of the River, indicating the location of all water and gas pipes, or wires and cables.
(Ord. No. 1484-54. Passed 6-21-54, eff. 6-29-54)

573.31     Regulations for Rafts of Timber

No person having in charge any raft of lumber, logs or timber, shall have more than eight cribs of pine lumber, logs or timber, or not to exceed 450 of hardwood lumber, logs or timber, towed in any raft in the harbor. All such rafts shall be drawn or towed at least fifteen minutes apart while navigating the Cuyahoga River or old river bed. All lumber, logs or timber, making up or constituting such cribs shall be properly secured, so that the same shall not break adrift.

573.32     Rafts Obstructing Harbor

No person having in charge any raft of lumber, logs or timber shall refuse or neglect to comply with the orders of the Harbor Master relative to the change of location or removal of the same. No owner, master or officer of any tug, propeller or steamboat shall leave any such raft of lumber, logs or timber within the harbor, where the same shall be or become an obstruction to commerce.

573.33     Obstructing Harbor inside Breakwater with Raft

Any tug, propeller or steamboat having in tow any raft of lumber, logs or timber, and making or entering the government breakwater, shall tow such raft to such place in the water, so as not to obstruct or interfere with any vessel, craft or float desiring to enter and anchor in the breakwater. The Harbor Master shall cause the removal of any such raft when the same so obstructs any vessel or craft and the cost of such removal shall be chargeable upon the property so removed, and may be collected of the owner thereof.

573.34     Anchoring West of Breakwater Entrance

No owner, master or any other person in charge of any vessel, craft or float entering the government breakwater shall anchor any such vessel, craft or float within 2,000 feet west of the entrance thereof, such 2,000 feet being designated by a beacon or pole erected on the northerly line of the breakwater. Any owner, master or other person having in charge any such vessel or other craft or float anchoring the same within the limits of the breakwater as above described, shall immediately cause such vessel, craft or float to be moved above the limits, and in case of refusal or neglect on the part of the owner, master or other person having in charge any such vessel, craft or float to comply with the removal of such vessel, craft or float, as aforesaid, the Harbor Master shall cause the same to be so removed at the expense of such owner, master or other person in charge.

573.35     Blowing Whistle near Bridges

No person in charge of any propeller, tug or steamboat shall blow her whistle or cause the same to be blown, while occupying the draw of any bridge in the City, or within 150 feet thereof, unless the same is blown by a steamer, propeller or tug lying at a dock as a signal for the opening of the next nearest bridge, or when required by Federal laws or regulations. However, this section shall not apply to cases of fire or distress.

573.36     Working Engines

No vessel, while lying in the harbor or along the wharves or docks of the same, shall work its engine (turn its propeller(s)) in excess of ten minutes previous to leaving the harbor, or moving from one dock to another, without the permission of the Harbor Master; provided, that owners, masters or other persons in charge of new boats just launched, or boats fitting out and desirous of working and testing their engines, shall, before working or testing such engine, station some person in such a place or position so as to signal the engineer to stop such engines at least 200 feet from an approaching vessel, craft or float. The engine shall be kept from working until the approaching vessel, craft or float has passed the wheel of the new boat, or boat fitting out, a distance of 200 feet. This section shall not apply to cases of fire. Whoever violates this section shall be liable for any damage to persons or property sustained by reason of such violation.
(Ord. No. 1348-90. Passed 8-23-90, eff. 8-31-90)

573.37 and 573.38     Reserved

Note: Former Sections 573.37 and 573.38 were repealed by Ord. No. 1348-90, passed 8-23-90, eff. 8-31-90.

573.39     Renting Vessels to Persons under Sixteen

No person shall let, loan or rent, with or without hire, any boat, raft or vessel to any person under sixteen years of age. However, any person may let, loan or rent any boat, raft or vessel to persons under sixteen years of age, when accompanied in the use of such raft, boat or vessel, by a competent person to take charge of and manage the same.

573.40     Renting Vessels to Intoxicated Persons

No person shall let, loan or rent, with or without hire, any boat, raft or vessel to any person who is under the influence of liquor, or who, by reason of having been drinking liquor, may be incompetent to take charge of the management of a boat, raft or vessel.

573.41     Unlawful Anchorages

No boat, raft or vessel shall lie or anchor in the range of the east or west pier, or at the mouth of the harbor, so as to obstruct navigation. However, this section shall not prevent vessels from anchoring at any point in case of accident or stress of weather.

573.42     Obstructing Certain Portions of Harbor

During transit of a commercial vessel no vessel shall make fast or lie alongside of another or lap one another or moor in any Safety Zone identified in regulations issued by the U.S. Coast Guard, referenced in Section 573.16, or at any location contrary to the orders of the U.S. Coast Guard, Guard or the Harbor Master. For purposes of this section "commercial vessel" means any vessel exceeding 79 feet in length.
(Ord. No. 1348-90. Passed 8-23-90, eff. 8-31-90)

573.43     Blowing Whistles

(a) No person shall blow or cause to be blown the whistle of any vessel while lying at any wharf in the City of Cleveland, or when approaching or leaving such wharf, or navigating the Cuyahoga River, except when absolutely necessary as a signal of danger or in the cases and under the circumstances prescribed by the rules of navigation, or the laws and regulations of the United States requiring the use of such whistles.

(b) The sound signal to request the opening of any bridge in the Cuyahoga is one prolonged blast of four to six seconds duration followed by one short blast of approximately one second duration sounded not more than three seconds after the prolonged blast.
(Ord. No. 1348-90. Passed 8-23-90, eff. 8-31-90)

573.99     Penalty

(a) Whoever violates Sections 573.01 or 573.02 shall be fined not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for the first offense, and seventy-five dollars ($75.00) for each and every subsequent offense.

(b) Whoever violates any provision of this chapter for which no other penalty is provided shall be fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), or be imprisoned not less than ten nor more than thirty days, or both.

(c) Whoever violates Section 573.11 shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). A separate offense shall be deemed committed each day during or on which an offense occurs or continues, after notification by the Director of Port Control of a claim for violation.

(d) Whoever violates Section 573.31 shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) for every offense.

(e) Whoever has charge of any raft of lumber and violates Section 573.32 shall be fined not more than fifty dollars ($50.00). Any owner, master or officer of any tug, propeller or steamboat, who violates Section 573.32, shall be fined not more than one hundred dollars ($100.00) for each offense.

(f) Whoever violates Section 573.33 shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00).

(g) Whoever violates Section 573.38 [Repealed] shall be fined not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00).