HomeMy WebLinkAboutOrdinances - 1971.03.04 - 8516• MISCI:LLANEOL:S 566 March 4, 1971
ORDINANCE - No- 9
RS: CONTROL OF LAKES AND WATERWAYS IN OAKLAND COUNTY
BY: LEGISLATIVE COMMITTEE - Mx. 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
WH2REAS, 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 ODUETY OF OAKLAND ORDAINS:
That as authorized and empowered by the provisions of Act
303 Of the Public Acts of 1967, as ama-nded, this Board creates the
Ordinance to provide fox the control of all lakes and waterways
within the County of Oakland, except those lakes and waterways under
the control of the Huron-Caintor Motopol5tan All -LhorL'AT And Big and
Little School Lot Lakes, with the powers and duties as set forth
. in the Ordinance attached hereto.
The Lorjislzktive COILJmitte ; by Lzkw.:7oncu IL. Pornick, Chaix:aan,
moves the adoption of the foregoing Ordinance.
( ....EGISLATIVE CON1TTEE.
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"/Lawrence
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R. Pernick, Chairman •
08DINANcE NO. 9
.COuNTY OF GMLA, MICIGAN
AN ORVNANCE 7C PROVIDE F.R THE CGNTROL OF AL LAKES AND WATERWAyS WITKIN
TrIE COUNTY 05 OAKLAND, STATE OF fraCHICAN EXCEPT THOSE LAKES AND WATERWAYS
UNDER THE ,::ONTROL OF 7HE HURON-CLINT0N NETROPOL)TAN AUTHORITY AND BIG fkND
LlTTE 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 of the State Department of Natural Resources
• ,evidencing that the holder thereof has successfully completed a
Departmont of Natural Resources 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 nol: -.1achinery is the princip.11 source of propulsion.
(d) "Person" moans an individual, partnership, firm, corpor-
ation, association or other entity...
(c) "Cwner' meF%ns a person, other than a lien holder, having
. the pro7ert5i or title to a vessel. The term includes a person
entitod to the use or possonson of a ves.sel, subject to An intcest
:7,-n another persen,.reserved or creic,c b/ agrecent and securing
:-.)i.ymer,t or performance of an ob:.::con, but tYic torn excludes A •
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lessee under a lease not intended as a security or vendor under a
conditional sales centract.
Section n:
(a) "Operate" me'ans to navigate or otherwise use a vessel.
"Slow--no wake speed" means a very slow speed whereby
the wake or wash created by the vessel would be minimal.
.(c) "High speed boating" means a .speed at pr above which a
motorboat reachas a planning condition.
(d) "Regatta", 'boat race", "marine parade", "tmrhament",
or "exhibition", each mean an organized water event of limited
duration which is conducted according to a prearranged schedule.
(e) "Anchored re-ts'i means all types of nonpowered rafts
used for recreationalpurposes 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.
(9) "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 oE the waters of this County and enhance the cnjoy-
ment of pleasure boating and other recreational water sports thereon,
the Counly r.1i41L f7r;t4tiJi51) Zia:a pu.c!;(;A: Lich u6L1C;Atiunal pronrm$ de-
signed to advance boating and general water safety.
The County shall put into effect a progran to train you fu
boat operM,0:cs znd shall request the StaLe Department of Nal
Rc-i;cau:ces to is!lue a boating saely certificac to those who sa
17ac';oy:ly conplte such proe;ra. No charge shall be maae :ro -f any
• instruction given.
(b)
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• Section 5:
Children Jess than 12 years of age nay 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 or 12 and 16 may be permitted to operate motorboats on the
waters of this County only when accompanied by at least one person
16 year's of age or older, or without such adult sepervision when in
possession of a boating safety certificate issued subsequent to
satisfactorily completing a State Department or Natural Resources
approved course in boating safety. When so operating, the boating
safety certificate shall be in the possession of the minor operator
and. shall be presented upon demand or any peace officer. The pro-
• visions of this section shall not be applicable to any motorboat
powered by less. than 6 horsepower motore.
Section 6;
When vessels are being operated in such a manner so as to make
collision imminent or likely, the :following rules shall apply:
(a) .When 2 vessels are approaching each other head-on, or
nearly so, the operator of each shall cause his vessel to pass on
the part side of the other.
(b) When overtaking a vessel proceeding in the same directjon
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 approach3n9 each other at right ang:es
or obliquely so as to involve risk of collision, other than when 1
vessel is overtaking another, the operator of the vessel which has
the other on his own port side shall hold his course and speed, enC
the op3rator of the vessel which has the other on his own oteebeard
side shall give way to the other by diructing his course to star-
1:)oard 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 proceedin;)
in such a nanner so as to invelve risk c.f. 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 shal2 give way to the
other vessel.
(f; When, by any of the rules provided in this section, the
operator of 's. vessel i5 requiredto give way to the other, the
operator of the other vessel shall maintain his direction . and'spoed.
Nothinc . 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 or
this County 6haLl operate it in a carerva 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 brino 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 interiere unieasonably with the lawful use by others of any woters
Sect.:-cn 8:
A pc-son w'cro js incler the inf:;_mennc of intoxicaing iiçLor or
riacotc drus, barbital of any ccrivation of barbital, or ay
person who an IlLbiluLl of narcot;c clutps, barbital or an.,
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derivative of barbital, shall not operar.e, 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 Zs 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, 14pen any of the waters of
this County, carelessly and heedlessly :;.n disregard of the rights or
safety of others, or 1.6:thout due caution and circumspection and 3t a
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speed or in a manner so as to endanger or be likely to endanger any
person or property, is guilty of reckleDs operation of a vessel and
shall be punished as provided in this Ordinance. A person who nrw-
igates, steers Or 6ontrols himself while being towed on water skls,
water sled, surfboard or similar contrivances, upon any of the waters
of this County, carelessly and heedlessly in disregard of the riAts
or safety of others, or without due caution and circumspection ad in
a manner so as o endanger or be likely to endanger any person or
property, is gutlry of reckless operation of water skis, water sleds,
• surfboards or sLmilar contrivances.
Seclon
Persons operating vessels on the w.lters of this County in areas
not marked by well defined channels, canals, rivers or stream co-es
Shall operate in a counter-clockwise fashion insofar as it is reason-.
ably-poss.lble. They shall maintain a d7sIanoe of 100 feet from any
dock, rafi, buoyed or occupied bne.:1 area s buoyed diver' fl;tg
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or vessel moored or ..31; anchor, except when proceeding at a slow--no
we speed and except when engaged in picking up or dropping off water
skiers, as long as such operation is otherwise 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:ticted 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 centnot of, The "Juren-Clinton Metropolitan Autho3ity and
except as otherwLse provided by State ru:es or local ordinances
established under the previsions of Secton 12 through 17 of Act 303
of the Public Ac's of 1967, no operator of ealy motorboat shall,
during the period from One '(1) hour after sunset to One (1) hour
before sunrise el the following day:
a. Have in tow or shall otherwise zssist in the propulsion
of a person on water skis, water sled, surfboard or other similar
contrivance.
Any person permitting himself to be towed on water skis, watct
sZed, surfboard, Cr similaC contrivance in violation of any of the
provisions of tl-ds Ordinance is guilty of a misdemeanor.
Secn
(1) A person shall not cipeato on the waters of the County a
vessel having in tow or otherwise assisting a person on water. skis,
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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 lhe
• person being towed.
(2) The provisions of this section shall not apply to vessels
used by duly constituted ski schools in The giving of instructions,
or to vessels used in sanctioned ski touxnaidents, 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 occupaht or operator of any vessel underway on the wAtQl's
of this County Shall not sit, stand or walk upon any portion of the
vessel not specLally designed for such purpose, except when im- .
mediately necessary for the safe and reasonable navigation or operation
of the vessel.
• Sc-c7tr,n
The information appearing on a capacity plate-of any vcssel
be deemed to warrant that the JAanulzkclurer affixing the capacity
plate corrct7y and f;kitbfully ompin/r.d mnthod ;old Twimw.1 for
the calculation of maxfmum weisht 'capa.,cd ,:y and '11r1'.; Jo in:7o27;naIjA
.appearing on the capacity plate with respect to maximum weight cCIpacit:0
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• and rocOnziended number of persons is the result of the application of
a fair method and 1,ormula; and with respect to information concerning
_horsepower limitations that such information is not a deliberate or
negligent miercvresentation.
Section 16:
Exceeding the loading or horsepower limits as established 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 Sub-
mergence. The buoy or boat shall bear a red flag not less than 14
inches by 16 inches with a 3 1 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 s operation; shall be provided with life savinri
devices as follows: 1 coast guard approved life preserver, vest, in
buoy or buoyant cushion for each person on board. All motorboats as
herein defined in addition to life savng devices, shall be provided
with safety equipment as follows: I coast guard approved B-1 typt2 fire
, extinguisher on motorboats of closed or scmi-closod construction and
loss lhan 26 feet in length; at leas .,: 2 coast guard approved n-: type
fire extinguislters on rotorboats of closed or semi-closed constru,ctioo
and 26 feet to less than 40 feet in lcn9th, and at least 3 coast guard
approved S-1 type fire extinguishcrs on motorboats of closed or ,oemi-
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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 operation between sunset and sunrise motorboats powered
by less than 11 horsepower shall be equipped with 1 white light, either
lantern or flashlight ready at band, which shall be exhibited in suf-
ficient time as to be visible by and to warn other 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 I mile and metorboat,:, from 26 feet to 65 feet in
length when in operation between sunset and sunrise shall be equzpped
- with and exhibit 1 white light aft, visible 2 miles, _a white light
forward; visible 2 miles, a'red side 14ht to port and a green s4de
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
bo provided and equipped with a stook ft,ctory mulTfler, CJ wi,tex
exhaust or other modern device en.pablo of adcquatc,ly raffling tha 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 Lny opc;;'L,Li;.L, c:r i rj c.,J7 tLc! iilocrbcat at all
when '%:he en:;ine is in Opezio:). The te: "czl,h7.0 of tkc!c111,:-.1c;:y
fLi ",.he ;;ound of te exhauF;t of the enine" wea.As the motor's exhams1:
at limes shialhe o m ...%f:Icf3 e Fx:737,:osc6 as not to
ccVQ.01- nof,se.
Section 21:
A resatta, motorboat or oeher boat race, marine parade, tourn-
ament, exhibition or trials therefor shall not be conducted on any
.waters of the cbunty without authorization of the State Department
of Natural Resources in writing.
Section'22
Section 21 shall not exempt any person from Compliance with
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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.
Section 23:
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The operator or person in charge of any vessel being used cf
operated on the waters of this County, upon being hailed by any
peace officer empowered to enforce the provisionsof this Ordinance
e or the provisions of any other ordinance or rules established under
this Ordinance -shall immediately bring the vessel to a stop or maneuver
it in such manner as will permit the officer to come alongside. The
operator or person in charge of the vcseel and any other persoe on
board shall give his correct name and address, exhibit the certie'leaee
of numbQr awarded for the vessel, submir to a reasonable inspect: on pf
the vessel and to a reasonable ins2ection and test of the equipment
of the vessel.
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.
SeCtic;n• 24 :
*Whenever 0, person is arrested without a warrant for any violation
of -his Orciimr,rco pt:n::.5;hable as a ri:Lsaerocanor, the arrested persor,
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shall be taken, without unroasono.ble 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
nade, in any of the following cases:
(a) When the person Is arrested upon a charse of negligent
homicide.
(b) When the person is arrested under Section 8.
(c) When a person is arrested under Section 9.
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 Diay proceed in such cases as
provided by Section 25.
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-
dindnce, under condi';ions not reforted in Section 24, the arresting
officer shall prepare in duplicate a written notice to appear in Court
contail-,inu the name aria address tJX the .1..cron, the offense charged
and the time and place when and wheze Me person shall appear in
'court. If the arrested person so deman(_ls, he shall be taken before
a navistrato a :ovicd in Sect20n 24 n lieu of beinv oivon thc.,
notice.
(2) Me tiJac n.pecifIed in the no1.:ice to apear slla.11 be within
a reasonable tine after the arrest unleLls the person arrested dc!ands
an earlier hearing. •
(3) The place specified in the notice to appear shall be before
a magistrate within the judicial district in which the offense
charged is alicged to have been committed and who has jurisdiction of
- the offense.
Appearance may be made in person, by representation or by
mail. When ap?earance i made by representation, or mail, the mAgis-
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
Section 26:
(l) When a person not a resident of this State is arrested
without warrant for any violation of this act under conditions not
referred to in Section 24, the officer zaking 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 agajnst
him. If no magistrate is available or .tmmudiate trial cannot be had -
the person arrOsted may recognize to such officer for his appearance
by leaving with him -.he sum of money no to exceed $25.00.
(2) In all cases the officer making the arrest shall give a
receipt to the person arrested for the honeys so depoSited with him
together with 4 written summons as -provided in Section 25.
(3) If the offender fails to appear as required, the deposit
shall be furreted as in other cases of defa.11t in b -edl in addition
to any othr:-A7 pen;;Ity prov5dod jn t Of'C,311anc... •
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(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 provisions of this Ordinance or rules established in con-
formity with it, is a misdemeanor. Any person convicted of reckless
operation of a vessal as defined herein, or of operating a vessel
while under the influence of intoxicatilg liquor or narcotic drups
' in addition to 4ny othei 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: ,
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 Jail for a period not 'to eAceed ninety (c.*) days, or
both said fine and imprisonment.
Section 2g:
If any section, paragraph, sentence of this Ordinance shall be
.hcld invalid thI2 same shall not affect av other part'.of this
Ordinance.
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