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HomeMy WebLinkAboutResolutions - 1971.03.04 - 16151MISCELLANEOUS 5636 March 4, 1971 ISLATIVE COMMITTEE awrence R. Pernick, Chairman ORDINANCE -No. 9 RE: CONTROL OF LAKES AND WATERWAYS IN OAKLAND COUNTY BY: LEGISLATIVE COMMITTEE -Mr. Pernick TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR. CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the provisions of Act 303 of the Public Acts of 1967, as amended, permits a county to adopt an ordinance for the control of lakes and waterways within the county; and WHEREAS, the Legislative Committee of the previous Board of Commissioners had under study such an Ordinance; and WHEREAS, your Legislative Committee has reviewed and recom- mends that an Ordinance to provide for the control of the lakes and waterways in the County of Oakland be adopted. THEREFORE THE COUNTY OF OAKLAND ORDAINS: That as authorized and empowered by the provisions of Act 303 of the Public Acts of 1967, as amended, this Board creates the Ordinance to provide for the control of all lakes and waterways within the County of Oakland, except those lakes and waterways under the control of the Huron-Clinton Metropolitan Authority and Big and Little School Lot Lakes, with the powers and duties as set forth in the Ordinance attached hereto. The Legislative Committee, by Lawrence R. Pernick, Chairman, moves the adoption of the foregoing Ordinance. An Ordinance to provide for the control of all lakes and waicr- ways within the County of Oakland, State of Michigan except thos lakes and waterways under the control:of the Huron-Clinton Metro- politan Authority and Big and Little School Lot Lakes. The County of Oakland, State of Michigan, ordains: Section As used in this Ordinance: (a) "Wates of this County" means any waters within the julis- diction of this County. (b) "Marine safety program" meals marine law enforcement, search and rescie operations, water safe;y education, recovery c) drowned bodies aid boat livery inspectia:as. Section 2: (a) "BoatLng safety certificate" mans a certificate issuec by the Director of the State Department (d. Natural Resources evidencing that the holder thereof has successfully completed a Department of NItural Resources approved course of instruction ix boating safety. (b) "Vessl" means every descriptim of watercraft, other than a seaplane on the water, used or capable of being used as a means of transp)rtation on water. (c) "Moto -boat" means any vessel. p:'opelled by machinery, whether or not lachiner y is the princip:a source of propulsion. (d) "Perso,n" means n individual, .7 .artnershif), firm, corpo/- ation, associat; on or other entity. (e) "Owne" means a person, other -:han a lien holder, havir71 the property in or title to a vessel. TLe term includes a persor entitled to the use or possession of a vssel , subject to an interest in another pers•)n, reserved or created ID:: agreement and securing payment or perfprmance of an obligaion, but the term excludes a lessee under a lease not intended as a E;ecurity or vendor under a conditional sales contract. Section 3: (a) "Operate" means to navigate. or otherwise use a vessel. (b) "Slow--no wake speed" means a very slow speed whereby the wake or wash created by the vessel-yould be minimal. '(c) "High speed boating" means a Apeed at or above which a motorboat reaches a planning condition. (d) "Regatta", 5tboat race", "mariLe parade", "tournament", or "exhibition", each mean an organized water event of limited duration which is conducted according -b. a prearranged schedule. (e) "Anch)red rafts" means all tyLes of nonpowered rafts used for recreational purposes which are anchored seasonally on waters of this County. (f) "Staraoard" means right and r(ference is to the starbo;-.7..rd side of a vesseL or to the right side cx . the vessel. (g) "Port' means left and referenLe is to the port side of a vessel or to th?. left side of the vesSe: Section 4: In order tp protect the public intrest in the prudent and equitable use c) the waters of this Coul :ty and enhance the enjoy. ment of pleasur boating and other recreational water sports the:-eon, the County shalL establish and pursue!si.ch educational programs signed to to advance boatinc and generalter safety. The County shall put into effect a. ?rogram to train youthful boat operators ind shall request the State Department of Natural Resources to issue a boating safety certificate to those who satis- factorily compl(Ae such program. No chage shall be made for any instruction giv(J1. - 2 - Section 5: Children less than 12 years of age may be permitted to operate motorboats on the waters of this County only when accompanied by at least one person 16 years of age or older. Children between the ages of 12 and 16 may be permitted to operate motorboats on the waters of this County only when accompanied by at least one person 16 years of ac or older . or without sut:h adult s pervision when in possession of boating safety certificate issued subsequent to satisfactorily completing a State Department of Natural Resources approved cours(- in boating safety. When so operating, the boatirg safety certificate shall be in the possession of the minor operator and shall be p3esented upon demand of au peace officer. The prc- visions of this section shall not be applicable to any motorboat powered by less than 6 horsepower motors Section 6: When vess(ls are being operated in such a manner so as to mzi:ce collision immirent or likely, the folloving rules shall apply: (a) When 2 vessels-are approachin(f each other head-on, or nearly so, the operator of each shall=cuse his vessel to pass or the port side (,-f the other. (b) When overtaking a vessel proci!eding in the same directon the operator o: the overtaking vessel, imless it is not feasible to do so, shal: pass on the port side o: the vessel ahead. (c) When 2 vessels are approachin each other at right anges or obliquely so as to involve risk of collision, other than when 1 vessel is overlaking another, the opera .:or of the vessel which hLs the other on h:s own port side shall hod his course and speed, Elld the operator or the vessel which has the other on his own starboard - 3 - side shall give way to the other by directing his course to star- board so as to cross the stern of the other vessel or, if necessary to do so, shall slacken his speed, stop or reverse. (d). When a motorboat and a vessel under sail are proceeding in such a manner so as to involve risk of collision, the operator of the motorboat shall give way to the vessel under sail. (e) When motorboat and a vessel not propelled by sail or mechanical means are proceeding in such manner as to involve risk of collision, the operator of the motorboat shall give way to the other vessel. (f) When, by any of the rules proided in this section, the operator of a -vssel is required to giv4 , way to the other, the operator of the other vessel shall main ..ain his direction and speed Nothing in this section shall relieve the operator of a ves:.el otherwise privileged by the provisions (I this section from the (I -nty to operate with due regard for the safe -.y of all persons using the waters of this :aunty. Section 7.: A person p)erating or propelling a vessel upon the waters o this County shall operate it in a careful and prudent manner and at such a rate 3.1-- speed so as not to encanger the life or proper of any person. A person shall not -operzte any vessel at a rate cd speed greater tlan will permit him, in the exercise of reasonabl . care, to bring the vessel to a stop within the assured clear dis- tance ahead. A person shall not operatE. a vessel in a manner so as to interfere un:easonably with the lawful use by others of any vIters. Section 8! A person who is under the influence of intoxicating liquor or narcotic drugs, barbital or any derivatjon of barbital, or any person who is an habitual user of narco1ic drugs, barbital or an:' derivative of barbital, shall not operate, propel or be in actual physical control of any vessel upon any waters of this County. The owner of any. vessel or any person having it in charge or in control thereof shall not knowingly authorize : or knowingly permit the vessel to be propelled or operated by any person who is under the influence of any intoxicating liquor or narcotic (Lrugs, barbital or any deriv- ative of barbital, or any person who is an habitual user of narcotic drugs, barbital or any derivative of baYbital. Section 9: A person who operates any vessel upon any of the waters of this County, carelessly and heedlessly disregard of the right' or safety of others, or without due cautioL and circumspection and Lta speed or in a manner so as to endanger or be likely to endanger z-,,,ny person or property, is guilty of reckle4s operation of a vessel zJid shall be punished as provided in this adinance. A person who nv igates, steers .Dr controls himself whil( being towed on water sk:. water sled, suriboard or similar contril:ances, upon any of the wo.ters of this County, carelessly and heedless:y in disregard of the riohts or safety of otters, or without. due cauion and circumspection aod in a manner so as o endanger or be likely to endanger any person property, is guLlty of reckless operation of water skis, water s:.eds, surfboards or sLmilar contrivances. - Section 10: Persons operating vec;sels on the Ivc,ters of tfis County in areas not marked by w?ll defined channels, caals, rivers or stream coLrses shall operate ii a counter-clockwise fahion insofar as it is reson- ably possible. They shall maintain aidstance of 100 feet from .rly dock, raft, buced or occupied bathing z.rea, buoyed diver's flag : 5- 6 or vessel moored or at anchor, except when proceeding at a slow--no wake speed and except when engaged in picking up or dropping off water skiers, as long as such operation is oth.?..rwise conducted with due re- gard to the safety of persons and property and in accordance with the laws of this County. Section 11: A person shall not operate a vessel on any of the waters of this County within a lawfully authorized rest:icted area clearly marked by buoys, beacons or other distinguishing d?vices as being prohibited to vessels. Section 12: On all lakes and waterways lying en .irely within Oakland Cou5Ity, State of Michigaa, except those lakes and waterways administered by, and under control of, the Huron-Clinton P.:etropolitan Authority and except as otherwise provided by State ru:es or local ordinances established unda: the provisions of Sect: on 12 through 17 of Act :4)3 of the Public Acs of 1967, no operator (f any motorboat shall, during the period from One (1) hour after sunset to One (1) hour before sunrise of the following day: a. Have in tow or shall otherwise assist in the propulsion of a person on water skis, water sled, strfboard or other similar contrivance. Any person Iermitting himself to be towed on water skis, watcr sled, surfboard, or similar contrivance in violation of any of thE provisions of this Ordinance is guilty of a misdemeanor. Section 13: ----------- (1) A perscn shall not operate on the waters of the County a vessel having in tow or otherwise assistiag a person on water skis, water sled, aquaplane, surfboard or other similar contrivance, unless there is in the vessel, in addition to the operator, at least 1 com- petent person in a position to observe the progress of the person being towed. An observer shall be considered competent if he car, in fact, render assistance if necessary. All motorboats engaged in the propulsion of a person on watEr skis, water sled, aquaplane, surfboard or similar contrivance, siall be equipped with a 170 degree wide angle rear view mirror affix& in a manner as will permit the operator to observe the progress of the person being towed. (2) The p:ovisions of this section shall not apply to vess(ls used by duly eoistituted ski schools in .:he giving of instructiors, or to vessels used in sanctioned ski to=naments, competitions, Ex- positions, or tials therefor, or to motorboats less than 16 feel in length actually operated by the person being towed and so constrtcted as to be incapa)le of carrying the opera::or in or on the motorbot. Section 14: Any oecupalt or operator of any ves:;e1 underway on the watels of this County 3hal1 not sit, stand or wkik upon any portion of lhe vessel not specally designed for such prirpose, except when im- mediately necessary for the safe and rea.;onable navigation or opEration of the vessel. Section 15: The information appearing on a capcity plate of any vessel :Mall be deemed to warrant that the manufacturr affixing the capacity . plate has corretly and faithfully employed a method and formula for the calculation of maximum weight capaciv and that the information appearing on th capacity plate with respect to maXimum weight capacity - 7 - and recommended number of persons is the result of the application of a fair method and formula; and with respect to information concerning horsepower limitations that such information is not a deliberate or negligent misrepresentation Section 16: Exceeding the loading or horsepower limits as established by the capacity plate is prima Iacie evidence of careless operation of vessel. Section 17: Any person diving or submerging in any of the waters of this County with th aid of a diving suit or other mechanical diving device shall place a luoy or boat in the water at or near the point of :lib- mergence. The buoy or boat shall bear a red. flag not less than 14 inches by .16 inches with a 31/2 inch white stripe running from 1 uyper corner to a digonal lower corner. The flag shall be in place only while actual d:.ving operations are in p:7ogress. Section 18: . . . . . _ . All vesses when in operation sha .1 be provided with life :;aving devices as folThws: 1 coast guard appro':ed life preserver, vest, ring buoy or buoyaryL cushion for each person on board. All motorboat as herein defined in addition to life sav:_ng devices, shall be provided with safety eql.ipment as follows: 1 coat guard approved B-1 type fire - extinguisher (:)/ motorboats of closed or semi-closed construction and less than 26 feet in length; at least. 2 coast guard approved B-1 type fire extinguishers on motorboats of cloed or semi-caosed constrrction and 26 feet to less than 40 feet in lenOth; and at least 3 coast-guard approved B-1 type fire extinguishers on motorboats of closed or semi- - 8 - closed construction and 40 feet to not more than 65 feet in length; 1 hand or power-operated whistle or horn on motorboats 26 to 40 feet in length; 1 power-operated whistle or horn on motorboats 40 to 65 feet in length. Section 19: When in oparation bk,tween sunset and sunrise motorboats powred by less than 11 horsepower shall be equapped with 1 white light, either lantern or flashlight ready at hand, whj.ch shall be exhibited in suf- ficient time as to be visible by and to warn other craft of position and prevent collisions. Motorboats of :ess than 26 feet in leng -h and powered by Ll or more ,horsepower whin in operation between srrset and sunrise shall be equipped with and ixhibit 1 white light aft, visible 2 miles, a combination light fo]ward, red to port and gren to starboard, visi7)1e 1 mile and motorboat from 26 feet to 65 feet in length when in )17)eration between sunset and sunrise shall be equ:pped with and exhibia 1 white light aft, visThle 2 miles,. a white light forward; visibl 2 miles, a red side licht to port and a green sade light to starboa.rd, visible 1 mile. Section 20: aa Every mota7boat being operated on the waters of this County and being propelled by a permanently or temforarily attached motor slall be provided and equipped with a stock fEctory muffler, under watur exhaust or °the: modern device capable cf adequately muffling thu sound of the exhaust the engine of such moiorboat. The mufflers shall be kept closed, and the exhaust or device kept in proper working order by any person operating or in charge of the motorboat at all tims when the engine is in operation. The tcrm "capable of adequately muf- fling the sornd of the exhaust of the ergine" means the motor's (xhaust at all times shall be so muffled or suppressed as not to create ex- cessive or unusual noise. 9 Section 21: A regatta, motorboat or other boat race, marine parade, tourn- ament, exhibition or trials therefor shall not be conducted on any waters of the County without authorization of the State Department of Natural Resources in writing. Section 22: Section 2: shall not exempt any person from compliance with applicable federal law or regulation, and it shall not be construed to require the securing of a state permit if a permit therefor has been obtained 3rom an authorized agency of the United States. Section 23 The opera oror person in charge oi" any vessel being used 02 operated on thE waters of this County, upon being hailed by any peace officer Empowered to enforce the provisions of this Ordinar:ce or the provisi(ns of any other ordinanci: or rules established under this Ordinance shall immediately bring the vessel to a stop or rlaneuver it in such marn.er as will permit the of:icer to come alongside. The operator or peason in charge of the vesel and any other person on board shall gie his correct name and a(ldress, exhibit the certi:Icate of number awarCed for the vessel, submi .. to a reasonable inspect: on of the vessel and to a reasonable inspecti4 ,n and test of the equipmont of the vessel. A peace officer who observes any vj.olation by any person of any of the provisions of this Ordinance may forthwith arrest the person without a warrznt. Section 24: Whenever a person is arrested -without a warrant for any vioation of this Ordinance punishable- as a misdeeanor, the arrested person - 10 - shall be taken, without unreasonable delay, before a magistrate within the judicial district in which the offense charged is alleged to have been committed and who has jurisdiction of the offense and is nearest or most accessible with reference to the place where the arrest is made, in any of the following cases: When the person is arrested upon a charge of negligent homicide. (b) When the person is arrested under Section 8. (c) When a person is arrested under Section 9. When in tie existing circumstances it does not appear that xe- leasing the pe3son .pending the issuance of a warrant will constilute a public menac(, the arresting officer nay proceed in such cases as provided by Se(:tion 25. Section 25: (1) When a person is arrested witlJput a warrant for any viclation of this Ordinwee punishable as a misde]leanor, or of a provision of any other. Ordnance or rule established in conformity with this (T- dinance, under conditions not referred o in Section 24, the arresting officer shall prepare in duplicate a wrtten notice to appear in Court - containing the name and address of the lerson, the offense chargE-d and the time aid place when and where the person shall appear in court. If the arrested person so demands, he shall be taken befcre a magistrate as provided in Section 24 :In lieu of being given the notice. (2) The time specified in the no'L.ce to appear shall be wilhin a reasonable t:_rne after the arrest unless the person arrested deT ands an earlier hearing. - 11 - (3) The place specified in the notice to appear shall be before a magistrate within the judicial district in which the offense . charged is alleged to have been committed and who has jurisdiction of the offense. (4) AppeErance may be made in person, by representation or by _mail. When al-Tearance L, made by repre s entation, or mail; the mc,gis- trate may accept the plea of guilty, or not guilty for purposes of arraignment, with the same effect as though the person personally appeared before him. The magistrate, by giving 5 days notice of the date of appearance, may require appearance in person at the time and place designated in the notice Sectio 26: (1) When a person not a resident of this State is arrested. without warrarY for any violation of thf_s act under conditions not referred to in Section 24, the officer uaking the arrest, upon demand of the arrested person, shall fo:.thwith take the person b(fore a magistrate oi the vicinity to answer the complaint made agajnst him. If no. maistrate is available or :rnmediate trial cannot be had, the person arrested may recognize to sull officer for his appearance by leaving witl, him the sum of money not. to exceed $25.00. (2) In a:1 eases the officer maki n g the arrest shall give E. receipt to the person arrested for the ioneys so deposited withlira together with E, written summons as provded in Section 25. (3) If the offender fails to apper as required, the deposft shall be forfe3ted as in other cases of default in bail in addition to any other penalty provided in this 0:dinance. - 12 - (4) Every officer taking a deposi under this Section within 48 hours thereafter shall deposit it with the magistrate named in the notice to appear, together with the facts relating to such arrest. Failure to make the report and deposit the money is em- bezzlement of public money. Section 27: Unless otherwise specified under this Ordinance a violation of any of the provisions of this Ordinance or rules established in con- formity with it, is a misdemeanor. Any person convicted of reckless operation of a vessel as defined herein, or of operating a vessel while under the influence of intoxicatitg liquor or narcotic drucs in addition to riy other penalty, may bE refused by the court having jurisdiction of the violation, the righl of operating any vessel on any of the wate3's of this County for a yeriod of not more than 2 year Section 28: Violations of the provisions of this Ordinance shall be punish- able by a fine of not more than $100.00 for such offense or imprisonment in the County Jil for a period not'to eCeed ninety (90) days, cr both said fine znd imprisonment. Section 29: If any seclion, paragraph, sentence of this Ordinance shall be held invalid thE same shall not affect agy other part of this Ordinance. - 1 3- Moved by Pernick supported by Richardson that the Ordinance be adopted. (Ordinance No 9). Discussion followed. The vote on the Ordinance was as follows: AYES: Hamlin, Harrison, Horton, Houghten, Lennon, Mainland, Mathews, Olson, Patnales, Perinoff, Pernick, Powell, Richardson, Simson, Szabo, Wilcox, Aaron, Barakat, Bawden, Brennan, Burley, Coy, Daly, Gabler. (24) NAYS: NONE (0) A two/thirds majority having voted therefor, the Ordinance was adopted. STATE OF MICHIGAN) COUNT/OF , Lynn D. Allen, Clerk of the County of Oakland and T/ OF OAKLAND) having a seals do hereby certify that I have compared the annexed copy of AdAne.A—a.; YOY.41. A,. AO, PAPS-PZ,p.. PP:'.11N1d—qcN1;V PPFPLi.s siPPPrs................................. with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, i have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan _...,„day this Lynn D. Alien..., 3Y.oe .004 01.....*OITOITOOMI, .....Deputy Clerk PHONE p.3f1-4751 LYNN D. ALLEN CLERK - REGISTER June 9, 1971 COUNTY OF OAKLAND OFFICE OF THE COUNTY CLERK - REGISTER OF DEEDS PONTIAC, MICHIGAN 48053 The Honorable William G. Milliken Governor of the State of Michigan Lansing, Michigan Dear Sir: In accordance with Act 182 of the Public Acts of 1964, I am enclosing, for your approval, certified copies of the Control of Lakes and Waterways in Oakland County Ordinance No. 9 and No. 10. Also enclosed are certified copies of the resolutions of the Oakland County Board of Commissioners adopting the above mentioned ordinances, and publication in The Pontiac Press. Will you please return an approved-copy of each of the ordinances in the enclosed env.diope Yours truly lien 7 Oakland County Clerk- / Register of Deeds is - STATE OF MfCF-HC;AN Ornc^:: LANSING September 14, 1971 WILLIAM G. MILLIKEN' so ,Nop Oakland County Ordinances and #1• Governor Ca w, 1,0 o t•an r, 4) Mr Robert P. Alien Oakiand County Corporation Counsel Oklan-d County Court Rouse 1290 North Telegraph. Road Pontiac, Michigan 48053 Dear Mr- Allen: Reference is made to my letter of September 7, 1971 regarding the above Ordinances which . inadvertently indicates approval subject to the vote of the neoplo.• In view of the fact of the above,: you are hereby ad- vised that Ordinances #9 and #10 are hurebv approved as is. .