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HomeMy WebLinkAboutResolutions - 1970.06.04 - 16477June 4, 1970 RESOLUTION NO„ RE: PROPOSED WATER SAFETY ORDINANCE BY: LEGISLATIVE COMMITTEE- Mr. Powsi TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS MR, CHAIRMAN, LADIES AND GENTLEMEN: WHEREAS, the Legislative Committee has had under consideration a proposed Water Safety Ordinance; and WHEREAS, your Committee recommends to this Board the approval of the attached proposed Water Safety Ordinance for the purpose of discussion and negotiations with the Department of Natural Resources for an Oakland County Water Safety Ordinance; and WHEREAS, the Chairman of the Legislative Committee, the Corpor- ation Counsel and Lt, Donald Kratt of the Water Safety Division of the Oakland County Sheriff's Department, should be authorized to discuss and negotiate with the Department of Natural Resources for an Oakland County Water Safety Ordinance. NOW THEREFORE BE IT RESOLVED that the proposed Water Safety Ordinance as attached hereto, be and the same is hereby adopted for the purpose of discussion and negotiations only, with the Department of Natural Resources, and that the Chairman of the Legislative Com- mittee, the Corporation Counsel and Lt. Donald Kratt, be authorized to enter into negotiations with the Department of Natural Resources for an Oakland County Water Safety Ordinance. BE IT FURTHER RESOLVED that upon completion of such negotiations, the proposed Ordinance be brought back to this Board for approval and adoption, 5 2-Ff 1 MR. CHAIRMAN, on behalf of the Legislative Committee, I move the adoption of the foregoing resolution. A7,.-3,:ls LAT VE CONETT..TtE . an F. Powell, Chairman Moved by Powell supported by Richardson the resolution be adopted. Discussion followed. Mr. Brennan requested that Niles E. Olson also be authorized to participate in the discussion. There were no objections. A sufficient majority having voted therefor, the resolution was adopted. J An Ordinance to provide for the control of all lakes and water- ways within the County of Oakland, State of Michigan except those lakes and waterways under the control of the Huron-Clinton Metropolitan Authority and Big and Little School Lot Lakes. The County of Oakland, State of Michigan, ordains: Section 1: As used in this Ordinance: (a) "Waters of this County" means any waters within the juris- diction of this County. (b) "Marine safety program" means marine law enforcement, search and rescue operations, water safety education, recovery of drowned bodies and boat livery inspections. Section 2: (a) "Boating safety certificate" means a certificate issued by the director evidencing that the holder thereof has successfully com- pleted a County approved course of instruction in boating safety. (b) "Vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. (c) "Motorboat" means any vessel propelled by machinery, whether or not machinery is the principal source of propulsion. (d) "Person" means an individual, partnerehip, firm, corporation, association or other entity. "Owner" means a person, other than a lien holder, having the property in or title to a vessel. The term includes a person entitled • to the use or possession of a vessel,I subject to an interest in another person, reserved or created by agreement and securing payment or per- formance of an obligation, but the term excludes a lessee . under a lease not intended as security or vendor under a conditional sales contract. (e) (f) "Proper bow and stern lights" means as provided in this Ordinance. Section 3: (a) "Operate" means to navigate or otherwise use a vessel. (b) "Slow--no wake speed" means a very slow speed wheeeby the wake or wash created by the vessel would be minimal. (c) "High speed boating" means a speed at or above which a motorboat reaches a planning condition. (d) "Regatta", "boat race", "marine parade", "tournament", or "exhibition" each mean an organized water event of limited duration which is conducted according to a prearranged schedule. . (e) "Anchored rafts" means all types of nonpowered rafts used for recreational purposes which are anchored seasonally on waters of this County. (f)"Starboard" means right and reference is to the starboard side of a vessel or to the right side of the vessel. (g) "Port" means left and reference is to the port side of a vessel or to the left side of the vessel. Section 4: In order to protect the public interest in the prudent and equitable use of the waters of this County and enhance the enjoy- ment of pleasure boating and other recreational water sports thereon, the County shall establish and pursue such educational programs designed o advance boating and general water safety, as provided by law or authorized by the County Legislative Body. The County shall put into effect a program to train youthful boat operators and shall issue a boating safety certificate to those who satisfactorily complete such program as provided herein. For the purpose of giving the courses of instruction and awarding boating safety .11S 2 certificates, the director may designate as his agent any person he deems qualified to act in such capacity. No charge shall be made for any instruction given or the award of boating safety certificates. Section 5: Children less than 12 years of age may be permitted to operate motorboats on the waters of this County only when accom- panied 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 age or older, or without such adult supervision when in possession of a boating safety certificate issued subsequent to satisfactorily completing a County approved course in boating safety. When so operating, the boating safety certificate shall be in the pos- . session of the minor operator and shall be presented upon demand of any peace officer. The provisions of this section shall not be ap- plicable to any motorboat powered by less than 6 horsepower motors. Section 6: When vessels are being operated in such a manner so as to make collision imminent or likely, the following rules shall apply: When 2 vessels are approaching each other head-on, or nearly so, the operator of each shall cause his vessel to pass on the port side of the other. (b) When overtaking a vessel proceeding in the same direction, the operator of the overtaking vessel, unless it is not feasible to do so, shall pass on the port side of the vessel ahead. (c) When 2 vessels are approaching each other at right angles or obliquely so as to involve risk of collision, other than when 1 vessel is overtaking another, the operator of the vessel which has (a) the other on his own port side shall hold his course and speed, and the operator of the vessel which has the other on his own starboard 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 a 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 provided in this section, the operator of a vessel is required to give way to the other, the operator of the other vessel shall maintain his direction and speed. Nothing in this section shall relieve the operator of a vessel otherwise privileged by the provisions of this section from the duty to operate with due regard for the safety of all persons using the waters of this County. Section 7: A person operating or propelling a vessel upon the '\ waters of this County shall operate it in a careful and prudent manner and at such a rate of speed so as not to endanger the life or property of any person. A person shall not operate any vessel at a rate of speed greater than will permit him, in the exercise of reasonable care, to bring the vessel to a stop within the assured clear distance ahead. A person shall not operate a vessel in a manner so as to interfere unreasonably with the lawful use by others of any waters. .• 5 =fib Section 8: A person who is under the influence of intoxicating liquor or narcotic drugs, barbital or any derivation of barbital, or any person who is an habitual user of narcotic drugs, barbital or any 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 drugs, barbital or any deriv- ative of barbital, or any person who is an habitual user of narcotic drugs, barbital or any derivative of barbital. Section 9: A person who operates any vessel, upon any of the waters of this County, carelessly and heedlessly in disregard of the rights or safety of others, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to en- danger any person or property, is guilty of reckless operation of a vessel and shall be punished as provided in this Ordinance. A person who navigates, steers or controls himself while being towed on water skis, water sled, surfboard or similar contrivances, upon any of the waters of this County, carelessly and heedlessly in disregard of the rights or safety of others, or without due caution and circumspection and in a manner so as to endanger or be likely to endanger any person or property, is guilty of reckless operation of water skis, water sleds, surfboards or similar contrivances. Section 10: Persons operating vessels on the waters of this County in areas not marked by well defined channels, canals, rivers or stream courses shall operate in a counter-clockwise fashion insofar as it is reasonably possible They shall maintain a distance of 100 feet from any dock, raft buoyed or occupied bathing area, buoyed diver's flag, or vessel moored or at anchor, except when pro- ceeding at a slow--no wake speed and except when engaged in picking up or dropping off water skiers, as long as such operation is other- wise conducted with due regard to the safety of persons and property and in accordance with the laws of this County. 4 person shall not operate a vessel on any of the waters of this County within a lawfully authorized restricted area clearly marked by buoys, beacons or other distinguishing devices as being prohibited to vessels. Section 12: On all lakes and waterways lying entirely within Oakland County, State of Michigan, except those lakes and waterways administered by, and under control of, the Huron-Clinton Metropolitan Authority and Big and Little School Lot Lakes, no operator of any motorboat shall, during the period from One (1) hour after sunset to One (1) hour before sunrise of the following day a. operate such motorboat at a speed exceeding 5 miles per hour, or b. have in tow or shall otherwise assist in the propulsion of a person on water skis : water sled, surfboard or other similar contrivance, or c. operate such motorboat without proper bow and stern lights, as proyided in,Section 19 of this Ordinance. Any person permitting himself to be towed on water skis, water sled, surfboard, or similar Contrivance in violation of any of the provisions of this Ordinance is guilty of a misdemeanor. Section 13: (1) A person shall not operate on the waters of the County a vessel having in tow or otherwise assisting a person on water skis, Section 11: 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 can, 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, shall be equipped with a 170 degree wide angle rear view mirror affixed in a manner as will permit the operator to observe the progress of the person being towed. (2) The provisions of this section shall not apply o vessels used by duly constituted ski schools in the giving of instructions, or to vessels used in sanctioned ski tournaments, competitions, ex- positions or trials therefor, or to motorboats less than 16 feet in length actually operated by the person being towed and so constructed as to be incapable of carrying the operator in or on the motorboat. Section 14: Any occupant or operator of any vessel underway on the waters of this County shall not sit, stand or walk upon any portion of the vessel not specially designed for such purpose, ex- cept when immediately necessary for the safe and reasonable navi- gation or operation of the vessels Section 15) The information appearing on a capacity plate of any vessel shall be deemed to warrant that the manufacturer affixing the capacity plate has correctly and faithfully employed a method and formula for the calculation of maximum weight capacity and that the information appearing on the capacity plate with respect to maximum weight capacity 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 negligentnisrepresentation. Section 16: Exceeding the loading or horsepower limits as es- tablished by the capacity plate is prima facie evidence of careless operation of a vessel. Section 17: Any person diving or submerging in any of the waters of this County with the aid of a diving suit or other mechanical diving device shall place a buoy or boat in the water at or near , the point of submergence. The buoy or boat shall bear a red flag not less than 14 inches by 16 inches with a 31/2 inch white stripe running from 1 upper corner to a diagonal lower corner. The flag shall be in place only while actual diving operations are in progress. Section 18: All vessels when in operation, shall be provided with life saving devices as follows: 1 coast guard approved life pre- server, vest, ring buoy or buoyant cushion for each person on board. All motorboats as herein defined, in addition to life saving devices, shall be provided with safety equipment as follows: .1 coast guard approved B-1 type fire extinguisher on 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 closed or semiclosed construction and 40 feet to not more than 65 feet in length; 1 hand or power-operated whistle or horn on motor- boats 26 to 40 feet in length; 1 power-operated whistle or horn on motorboats 40 to65 feet in length. Section 19: When in operation between sunset And sunrise motorboats powered by less than 11 horsepower shall be equipped with 1 white light s either lantern or flashlight ready at -hand which shall be exhibited in sufficient time as to be visible by and to warn bther craft of position and prevent collisions. Motorboats of less than 26 feet in length and powered by 11 or more horsepower when in operation between sunset and sunrise shall be equipped with and exhibit 1 white light aft, visible 2 miles, a combination light forward, red to port and green to starboard, visible 1 mile and motor- boats from 26 feet •to 65 feet in length when in operation between sunset and sunrise shall be equipped with and exhibit 1 white light aft, visible 2 miles, a white light forward, visible 2 miles, a red side light to port and a green side light to starboard, visible 1 mile. Section 20: Every motorboat being operated on the waters of this County and being propelled by a permanently or temporarily attached motor shall be provided and equipped with a stock factory muffler, underwater exhaust or other modern device capable of ade- quately muffling the sound of the exhaust of the engine of such motorboat. 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 times when the engine is in operation. The term "capable of adequately muffling the sound of the exhaust of the engine" means the motor's exhaust at all times shall be so muffled or surpressed (Sic) as not to create excessive or unusual noise. Section 21: The County may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments, ex- hibitions or trials therefor on any waters of this County. It shall adopt and from time to time may amend rules concerning the conduct of such marine events. Whenever a regatta, motorboat or other boat race, marine parade, tournament, exhibition or trials therefor is proposed to be held, the person in charge thereof, at least 30 days prior tilereto, shall file an application with the County for per- mission to hold the regatta, motorboat or other boat race, marine parade, tournament, exhibition or trials therefor. The application shall set forth the date, time and location where it is proposed to hold such regatta, motorboat or other boat race, marine parade, tournament or exhibition, and it shall not be conducted without authorization of the County in writing. Section 22: Section 21 shall not exempt any person from com- pliance 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 from an authorized agency of the United States. The County in its permit may waive the provisions of this Ordinance, as well as the registration provisions of the laws 6 of this state, and any of the rules issued by the County, insofar as they apply to vessels participating in races or regattas or trials sanctioned by the County. Section 23: The operator or person in charge of any vessel being used or operated on the waters of this County, upon being hailed by any peace officer empowered to enforce the provisions of this Ordinance or the provisions of any other ordinance or rules established under this Ordinance, shall immediately bring the vessel Co a stop or maneuver it in such manner as will permit the officer to come alongside. The operator or person in charge of the vessel and any other person on board shall give his correct name and ad- dress, exhibit the certificate of number awarded for the vessel, submit to a reasonable inspection of the vessel and to a reasonable inspection and test of the equipment of the vessel. 1 0 •. (2) A peace officer who observes any violation by any person of any of the provisions of this Ordinance may forthwith arrest the person without a warrant. Section 24: Whenever a person is arrested without a warrant for any violation of this Ordinance punishable as a misdemeanor, the arrested person shall be taken, without unreasonable delay, be- , fore 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: • (a) When the person is arrested upon a charge of negligent homicide. (b) When the person is arrested for manslaughter. When in the existing circumstances it does not appear that re- leasing the person pending the issuance of a warrant will constitute a public menace, the arresting officer may proceed in such cases as provided by local rules or procedures or for interim bonding as pro- vided in this Ordinance. Section 25: (1) When a person is arrested without a warrant for any violation of this Ordinance punishable as a misdemeanor, or of a provision of any other Ordinance or rule established in conformity with this Or- dinance, under conditions not referred to in Section 24, the arresting officer shall prepare in duplicate a written notice to appear in court containing the name and address of the person, the offense charged and the time and place when and where the person shall appear in - 11 - coUrt. If the arrested person so demands, he shall be taken before • • a magistrate as provided in Section 24 in lieu of being given the notice. . (2) The time specified in the notice to appear shall be within a reasonable time after the arrest unless the person arrested demands an earlier heating. 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) Appearance may be made in person, by representation or by mail. When appearance is made by representation, or mail, the magis- trate may accept the plea & 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. Section 26: (1) When a person not a resident of this County is arrested without warrant for any violation of this act under conditions not referred to in Section 25, the officer making the arrest, upon demand of the arrested person, shall forthwith take the person before a magistrate of the vicinity to answer to the complaint made against him. If no magistrate is available or immediate trial cannot be had, the person arrested may recognize to such officer for his ap- pearance)Dy leaving with him the sum of $50.00. (3 ) - 12 (2) In all cases the officer making the arrest shall give a receipt to the person arrested for the moneys so deposited with him together with a written summons as provided in Section 25. (3) If the offender fails to appear as required, the deposit shall be forfeited as in other cases of default in bail in addition to any other penalty provided in this Ordinance. (4) Every officer taking a deposit 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 provjsions of this Ordinance or rules estab- lished in conformity with it, is a misdemeanor. A political sub- division having adopted any local Ordinance in conformity with this Ordinance may provide that any violation thereof 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 intoxicating liquor or narcotic drugs in addition to any other penalty, may be refused by the court having jurisdiction of the violation, the right of operating any vessel on any of the waters of this County for a period of not more than 2 years. Section 28:- On all lakes and waterways lying entirely within Oakland County, State of Michigan, except those lakes and waterways administered by, and under control of, the Huron-Clinton Metropolitan Authority and Big and Little School Lot Lakes, persons operating a power boat shall, in addition to the restrictions hereinbefore set forth, maintain a distance of 200 feet from the shoreline, except when proceeding at a speed not exceeding 5 miles per hour and except when engaged in picking up or dropping off water skiers, so long as - 13 - such operation is otherwise conducted with due regard for the safety of persons and property and in a line perpendicular to the shoreline insofar as it is reasonably possible, and in accordance with the laws of this County. Section 29: No operator of any motorboat shall operate such motorboat at a speed exceeding 5 miles per hour in any channel, river, canal or bay that is less than 300 feet in width. Section 30: On those waters of Cass Lake, Oakland County; State of Michigan, commonly known as vGarundegut Bays, located northwest of a line drawn 243* true from the bench mark located in State Park Dodge Number 4, no operator of any motorboat shall exceed a speed of 5 miles per hour. Section 31: Any vessel on lakes and waterways of Oakland County of any description ha*ving bathroom facilities that do not have either properly working incinerators or suitable holding tanks shall be sealed so that they are not usable. Section 32: Violations of the provisions of this Ordinance shall be punishable by a fine of not more than $100.00 for such offense or imprisonment in the County Jail for a period not to exceed ninety (90) days, or both said fine and imprisonment. Section 33: If any section, paragraph, sentence of this Ordinance shall be held invalid the same shall not affect any other part of this Ordinance. - 14 - June 4, 1970 RESOLUTION BY LEGISLATIVE COMMITTEE Moved by Powell supported by Mathews that the Oakland County Community Mental Health Board recommend that present state statutes be amended to provide that the discharging physicians on an institutional involuntary commitment be allowed to recommend to the Probate Court as to the patient's restoration of rights and soundness of mind, either at time of discharge or during convalescent status; and further, if there is any existing legislation pertaining to this in the State of New York, the Corporation Counsel obtain copies for study by members of the Committee; and that this Board support such legislation. A sufficient majority having voted therefor, the motion carried.