PART FOUR — TRAFFIC CODE
Title XI — Water Traffic Code
Chapter 481 — Definitions, Enforcement, Compliance and Penalty
Complete to June 30, 2010
CROSS REFERENCES
Watercraft impounding, CO 483.11
Equipment violations, CO 487.12
481.01
Definitions
As used in this Water Traffic Code, certain terms are defined as follows:
(a) "Waters of Cleveland" means any waters within the jurisdiction of the City of Cleveland in which any watercraft is or
may be operated, and includes the waters of Lake Erie and the Cuyahoga River. Jurisdiction in Lake Erie includes all
waters within the easterly and westerly City limits and extends into Lake Erie to the distance of two miles from the natural
shore line.
(b) "Watercraft" means any of the following when used or capable of being used for transportation on the water:
(1) A boat operated by machinery either permanently or temporarily affixed;
(2) A sailboat other than a sailboard;
(3) An inflatable, manually propelled boat having a hull identification number assigned by and meeting the requirements
of the United States Coast Guard;
(4) A canoe or rowboat.
"Watercraft" does not include ferries as referred to in RC Chapter 4583.
Watercraft subject to Section 481.06 shall be divided into four classes as follows:
Class A: Less than sixteen feet in length;
Class 1: At least sixteen feet but less than twenty-six feet in length;
Class 2: At least twenty-six feet but less than forty feet in length;
Class 3: At least forty feet but not more than sixty-five feet in length.
Any watercraft over sixty-five feet in length shall comply with Federal regulations.
(c) "Rowboat" means any watercraft designed to be rowed or paddled and which is propelled by human muscular effort by
oars, paddles or other contrivances upon which no mechanical propulsion device, electric motor, internal combustion
engine or sail has been affixed or is used for the operation of such watercraft, and include a canoe, kayak, raft or
paddleboard.
(d) "Motorboat" means any powercraft as defined in division (g) hereof not more than sixty-five feet in length, measured
parallel to the center line from end to end in a straight line from the foremost part of the vessel to the aftermost.
Bowsprints, bumpkins, rudders, outboard motors and brackets and similar fittings or attachments are not to be included.
Length shall be stated in feet and inches.
(e) "Sailboat" means any watercraft equipped with mast and sails, dependent upon the wind to propel such watercraft in
the normal course of operation of such watercraft.
(1) Any sailboat equipped with an inboard engine is deemed a powercraft with auxiliary sail.
(2) Any sailboat equipped with a detachable motor is a sailboat with auxiliary power.
(3) Any sailboat being propelled by mechanical power, whether under sail or not, is deemed a powercraft and subject to all
laws and rules and regulations governing powercraft operation.
(f) "Emergency watercraft" means police, fire and state patrol watercraft when identified as such and watercraft
commandered by police officers.
(g) "Powercraft" means any watercraft propelled by machinery, fuel, rockets or similar device.
Powercraft subject to the Cleveland Water Traffic Code shall be divided into four classes as follows:
Class A with length less than sixteen feet.
Class 1 with length sixteen but less than twenty-six feet.
Class 2 with length twenty-six but less than forty feet.
Class 3 with length forty but not more than sixty-five feet.
Powercraft over sixty-five feet in length shall comply with Federal regulations.
(h) "Person" includes any individual, firm, partnership, corporation, company, association or body politic, except the
United States and the State of Ohio, and includes any agent, trustee, executor, receiver, assignee or other representative
thereof.
(i) "Owner" includes any person who claims lawful possession of a watercraft by virtue of legal title or equitable interest
therein which entitles him to such possession.
(j) "Operator" includes any person who navigates, or has under his control, a watercraft, or watercraft and detachable
motor on the waters of the City.
(k) "Visible" means visible on a dark night with clear atmosphere.
(l) "Starboard" means right, and reference is to the right or starboard side of a watercraft when looking forward on such
watercraft.
(m) "Port" means left, and reference is to the left or port side of a watercraft when looking forward on such watercraft.
(n) "Anchorage" means a designated position where vessels or watercraft may anchor or moor.
(o) "Aquatic event" means any organized water event of limited duration which is duly sanctioned by the Commanding
Officer of the Ninth Coast Guard District at least thirty days prior to the start of such event and includes marine regattas
and marine parades, which by their nature, circumstances or location will introduce extra or unusual hazards to the safety
of life on navigable waters.
(p) "Authorized emergency vessel" means any authorized watercraft, patrolboat of the Cleveland Safety Department, Port
Control Department, United States Government, State of Ohio or Cuyahoga County authorized patrol vessels or
watercraft, and watercraft when commandeered by Cleveland police officers.
(q) "Diver's flag" means a red flag five units of measurement on the hoist by six units of measurement on the fly with a
white stripe of one unit crossing the red diagonally with the flag having a stiffener. This flag pertains only to skin and
SCUBA (Self Contained Underwater Breathing Apparatus) diving and supplements any nationally recognized diver's flag
or marking.
(r) "Master" means the captain, skipper, pilot or any person having charge of any vessel or watercraft.
(s) "Obstruction" means any vessel or watercraft or any matter which may in any way blockade, interfere with or endanger
any vessel or watercraft or impede navigation or which cannot comply with the pilot rules of the Great Lakes.
(t) "Oil" means any oil or liquid, whether of animal, vegetable or mineral origin, or a mixture, compound or distillation
thereof.
(u) "Pier" means any pier, wharf, dock, float, gridiron or other structure to promote the convenient loading or unloading
or other discharge of vessels or watercraft, or the repair thereof.
(v) "Breakwall" means any construction of stone, steel or other material constructed mainly as a barrier which breaks the
force of waves.
(w) "Government Breakwall" means the stone breakwall starting from a point north of Gordon Park which supports the
lighthouse referred to as the East-Light, extending westerly to a point north of the mouth of the entrance of the Cuyahoga
River, starting again at the entrance to the Cleveland Harbor and extending westerly upon which is erected the Cleveland
Harbor entrance Lighthouse. Reference shall be made as to the East Government Breakwall and the West Government
Breakwall.
(x) "Cleveland Harbor" means all water protected by the Government Breakwall.
(y) "Restricted area" means an area that has been designated in accordance with and as authorized by the laws or
regulations of the City to be used for, or closed to, certain designated purposes, such as swimming, skin diving, skiing,
fishing, aquatic events and any other water activities.
(z) "Water ski" means all forms, manners, means or contrivances used by persons or persons being towed behind a
motorboat or watercraft.
(aa) "Coast Guard approved" means bearing an approval number assigned by the United States Coast Guard.
(bb) "Wake" means the track, waves, path or disturbance left in the water by a watercraft, either by means of its movement
through the water or by its power, exhaust or propeller, whether such watercraft is actually moving or not.
(cc) "Boat number" means a series of letters and numerals assigned to the owner by the Ohio Division of Watercraft. The
number shall be designated on a certificate of number issued to each boat owner in accordance with a system of
numbering which shall be uniform throughout the United States and its territories.
(dd) "Water traffic control devices" means all signs, signals and markings, placed or erected by authority of a public body
or official having jurisdiction, for the purpose of regulating, warning or guiding marine or water traffic, including no
mooring signs or limited docking signs at public piers, wharves, docks, floats, etc.
(ee) "Personal flotation device" means a type of device designed as follows:
Type
1
2
3
4
Purpose
Turns an unconscious person floating in water from face down position to a vertical
or slightly face up position.
Turns an unconscious person floating in water from face down position to a vertical
or slightly face up position.
Keeps a conscious person in a vertical or slightly face up position.
Thrown to a person in the water and not worn.
Buoyancy
Kilogram Pound
s
s
9
20
7
15.4
7
7.5
15.4
16.5
(Ord. No. 755-A-86. Passed 10-27-86, eff. 10-31-86)
481.02
Police to Enforce Water Traffic Code
The Division of Police shall enforce the provisions of this Water Traffic Code. The Chief of Police shall assign such officers
and members of the Division as he may determine necessary who shall be charged with the specific duty of enforcing the
provisions of this Water Traffic Code.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
481.03
Authority of Police Chief or Officer in Charge of Ports and Harbors Unit
The Chief of Police, or the officer in charge of the Ports and Harbors Unit is hereby authorized and empowered to:
(a) Make and enforce regulations necessary to make effective the provisions of this Water Traffic Code and to make and
enforce temporary regulations to cover emergencies or special conditions.
(b) Enforce all pertinent sections of the Ohio Revised Code and Codified Ordinances of Cleveland, and in the exercise
thereof, have the authority to stop and board any watercraft for the purpose of inspection and enforcement of such
statutes and ordinances.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
481.04
Obedience to Order of a Police Officer
No person shall refuse to comply with any lawful order, signal or direction of any member of the Division of Police in
connection with the operation of watercraft in the waters of Cleveland.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
481.05
Release from Arrest on Notice to Appear
Whenever any person is arrested for any violation of this Water Traffic Code, the arresting officer may serve upon him a
citation and notice to appear in court. The arrested person, in order to secure release and when permitted by the arresting
officer, must give his written promise to appear in court, as required by the citation and notice served by the arresting
officer. Upon the arrested person's failure or refusal to sign such written promise, he may be taken into custody of such
arresting officer and so remain or be placed in confinement. The arrestee's watercraft may be taken into a place of
impoundment at the expense of the arrestee.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
481.06
Watercraft Number Regulations
(a) Every watercraft operated on the waters of the City shall be numbered pursuant to the Ohio State Numbering System,
or an approved numbering system of another state, provided such watercraft has not operated in Cleveland in excess of
ninety days, or in accordance with Federal law, except:
(1) Vessels documented by the U.S. Bureau of Customs.
(2) Foreign vessels using City waters temporarily.
(3) Watercraft owned by the United States or by a state or political subdivision thereof.
(4) Ship's lifeboats.
(5) A boat belonging to a class exempted from numbering by the State Division of Watercraft.
(b) Each watercraft shall be required to have its own identification number, and the number is not transferable to any
other watercraft. The letters and numerals must be in block characters and at least three inches in height. They shall be of
a color or substance that contrasts with the background color of the boat and shall provide clear legibility. The numbers
and letters shall read from left to right as they appear on the certificate of award, and the letter group shall be separated
from the numerals by hyphens or by equivalent spaces.
(c) The number shall be displayed on the bow of each side of the watercraft or as close to it as practicable, depending on
the design of the watercraft. The original certificate of number award must be available on board the watercraft for
inspection at all times when the boat is in use. In addition, the Ohio tags indicating the license year of the number award
shall be securely affixed by the owner of such watercraft, prior to operation, to the port and starboard sides six inches
toward the stern from the identification number.
(d) A dealer's number may be transferred from one watercraft to another in the case of bona fide dealers or manufacturers,
and when unsold watercraft are used for demonstration purposes in accordance with provisions of dealer or manufacturer
permits.
(e) The responsibility of having a watercraft numbered rests upon the person or persons who own the watercraft, and does
not include the person or persons who rent or lease the watercraft, or one who holds a mortgage on a watercraft.
(f) Each certificate of number shall expire on January 1 of each succeeding year. Application for renewal may be made to
any authorized agent of the Division of Watercraft, who shall issue to the applicant a metal or plastic tag with the
certificate of number award.
(g) The owner of any watercraft already covered by a number in full force and effect which has been awarded to it pursuant
to the then operative Federal law of a Federally approved numbering system to another state shall record such number
with the Administrator of Watercraft prior to operating the watercraft on the waters of the City in excess of ninety days.
(h) Whenever the ownership of a watercraft changes, a new application form together with the prescribed fee shall be filed
with the State Division of Watercraft, and a new certificate of number shall be assigned in the same manner as provided
for in the original assignment number.
(i) The owner shall furnish the Division of Watercraft notice of the transfer of all or any part of his interest other than the
creation of a security interest in watercraft in the State, or of the destruction or abandonment of such watercraft, except in
the case of a transfer of a part interest which does not affect the owner's right to operate such watercraft, such transfer
shall not terminate the certificate of number.
(j) Any holder of a certificate of number residing in the City shall notify the City Police Division and the Administrator of
the Ohio Division of Watercraft within fifteen days, if his address no longer conforms to the address appearing on the
certificate and shall, as a part of such notification, furnish the Administrator and the Police Division with his new address.
(k) No person shall use an outboard motor on a watercraft required to be numbered or on a bailed or rented boat, in any
waters of Cleveland without first obtaining a detachable outboard motor license from the Administrator of Watercraft or
an authorized agent. The metal or plastic license tag bearing the date of the license year for which issued shall be securely
attached to the outboard motor for which issued, prior to its operation on any waters of the City.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
481.07
Prohibition Against Commercial Fishing
(a) No person shall fish commercially within two miles of the shoreline of Lake Erie within the easterly and westerly
boundaries of the City of Cleveland.
(b) Any person who violates this section is guilty of a misdemeanor of the second degree.
(Ord. No. 1033-A-79. Passed 6-11-79, eff. 6-12-79)
481.99
Penalty
(a) Whoever violates any provision of this Water Traffic Code for which no penalty is otherwise provided is guilty of a
minor misdemeanor. Each day's violation shall constitute a separate offense. On each subsequent offense within one year
after the first offense, such person is guilty of a misdemeanor of the fourth degree.
(b) Whoever violates Section 485.02, 485.03, 485.09 or 485.14 is guilty of a misdemeanor of the first degree.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
PART FOUR — TRAFFIC CODE
Title XI — Water Traffic Code
Chapter 483 — General Provisions
Complete to June 30, 2010
CROSS REFERENCES
Nuisance investigation and abatement, CO Ch 203
Water Traffic Code penalty, CO 481.99
Watercraft pound creation authorized, CO 485.07
Litter in lakes and watercourses, CO 613.09
Oily refuse discharge prohibited, CO 613.10
483.01
Floating Objects
All vessels, watercraft, logs, pilings, building material, scows, houseboats or any other article of value found adrift in
Cleveland waters, may be taken in charge by the Chief of Police or officer designated by him and shall be subject to
reclamation by the owner thereof, on payment by him to the City of any expense incurred by the City, and in case of failure
to reclaim, may be sold or disposed of according to law.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
483.02
Safety Devices on Commercial Piers
Every owner, agent or lessee having charge of any commercial pier shall furnish and keep for use on such pier at least one
serviceable thirty-inch ring life buoy, and one serviceable thirty-inch ring life buoy for every 300 lineal feet of berthing
space to each of which shall be attached at least 200 feet of suitable line, one end of which shall be fastened to the ring
buoy. Each ring buoy and line attached thereto shall be kept in a suitable box or rack on the pier for the use of the public in
case of accident, which box or rack shall be properly labeled and be at all times kept clear of obstructions. No person shall
take away, molest, injure or destroy the same except for use in saving life and property.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
483.03
Drifting Debris
No owner, agent or lessee in charge of any pier shall allow the whole, or any part thereof, to fall into or remain adrift in the
navigable City waters or drift away. Fender piles broken or loose, shall be removed by the owner, agent or lessee of any
pier, and upon failure to do so, the same may be removed by the City and the expense thereto shall be paid by and
recoverable from the owner, agent or lessee of such pier to the City.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
483.04
Oil Spillage; Removal and Recovery
No owner, master or other person in charge of a watercraft, and no engineer, or other person in charge of any engine room
or machinery of any watercraft, and no owner, lessee, agent, employee or other person in charge of or employed in or
about any pier, and no person along or upon the shore of any City waters, shall spill, throw, pump or otherwise cause oil of
any description to be or float upon the waters of Cleveland. Any person causing oil to be upon the City waters as aforesaid
shall remove the same and upon his failure to do so, the same may be removed by the City and the expense thereto shall be
paid by and recoverable from the person causing such oil to be upon the water. The payment of such sum, or the
maintenance of an action therefor, shall not be deemed to exempt such person from prosecution for causing such oil
spillage.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
483.05
Nuisances; Abatement
Sunken vessels or watercraft, refuse of all kinds, structures or pieces of any structure, dock sweeping, dead fish or parts
thereof, dead animals or parts thereof, timber logs, piles, boon sticks, lumber, boxes, empty containers and oil of any kind
floating on the water, and all other substances or articles of a similar nature are hereby declared to be public nuisances. No
person shall throw or place in or cause or permit to be thrown or placed any of the above named articles or substances in
Cleveland waters, or upon the shores thereof or in such position that the same may or can be washed into such waters,
either by tides, storms, floods or otherwise. Any person causing or permitting such nuisances to be placed as aforesaid
shall remove the same and upon his failure to do so, the same may be removed by the City, and the expense thereof shall
be paid by and recoverable from the person creating such nuisance. In all cases such nuisances may be abated in the
manner provided by law. The abatement of any such public nuisances shall not excuse the person responsible therefor
from prosecution hereunder.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
483.06
Prohibited Riding Positions
(a) No person operating a watercraft shall allow any person to ride or sit on either the gunwale or the decking over the bow
of the watercraft while underway.
(b) No occupant of any vessel underway on the waters of Cleveland shall sit, stand or walk upon any portion of the vessel
not specifically designed for such movement, except when immediately necessary for the safe and reasonable navigation or
operation of the vessel. No operator of a vessel underway on the waters of Cleveland shall allow any occupant of the vessel
to sit, stand or walk on any portion of the vessel underway not specifically designed for that use except when immediately
necessary for the safe and reasonable navigation or operation of the vessel.
(RC 1547.22; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)
483.07
Operating Unsafe Watercraft
(a) No person shall operate or cause or knowingly permit to be operated in City waters any watercraft which is in such
unsafe condition as to endanger any person or his property.
(b) No person shall use or offer for use on the waters of Cleveland any inflatable watercraft made of canvas, rubber,
synthetic rubber or vinyl plastic unless such inflatable watercraft is of multiple air cell or compartment construction and is
capable of remaining afloat in the event one air cell or compartment is punctured or collapsed.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
483.08
Throwing Objects at Watercraft
No person shall throw at, or attempt to throw or hit any watercraft with any stone, stick or other missile with intent to
injure anyone or damage any property.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
483.09
Boat Livery Records; Safety Equipment on Rental or Charter Watercraft
(a) The owner or proprietor of a boat livery shall cause to be kept a record of the name and address of the person or
persons hiring any watercraft, the identification number of such watercraft, the departure date and time and the date and
time of return of such watercraft. Such record shall be preserved for not less than six months after the departure date of
such watercraft and shall be kept available for inspection by any duly authorized agency or authority. Prior to departure
from the premises of such boat livery any such watercraft shall carry the equipment required by this Water Traffic Code.
(b) No person who lets watercraft for hire, or the agent or employee thereof, shall rent, lease, charter or otherwise permit
the use of any watercraft, unless such person provides the watercraft with the equipment required by this Water Traffic
Code, RC Chapter 1547 and rules issued pursuant thereto.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
483.10
Aquatic Events
Any yacht club, boat club or other organization shall notify the Police Division, in addition to the United States Coast
Guard authorities, at least thirty days in advance of any proposed boat race, regatta, ski exhibition or aquatic event which
will take place in City waters and which might in any way interfere with the normal use of such waters by other persons or
watercraft.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
483.11
Watercraft Abandonment; Impounding, Redemption and Disposal
(a) No person shall abandon any watercraft at any time on the waters of the City.
(b) Any watercraft or outboard motor found unattended in a sunken, beached or drifting condition shall be deemed
abandoned by the owner. In the interest of public safety such watercraft or outboard motor may be removed and
impounded for safekeeping and disposal in accordance with the provisions of subsections (c) to (f) hereof.
(c) Such watercraft or outboard motor may be impounded by any member of the Police Division having jurisdiction in the
area where such watercraft or outboard motor is found.
(d) The owner of such impounded watercraft or outboard motor, if known or can be found, shall be notified and the owner
shall be permitted to redeem such watercraft or outboard motor by payment of a storage fee not to exceed three dollars
($3.00) per day plus the actual towing cost of the watercraft, not to exceed ten dollars ($10.00).
(e) When the owner of such watercraft or outboard motor cannot be found, the impounded watercraft or outboard motor
shall be held at a place of safe keeping for a period of not less than ninety days nor more than six months.
(f) Any watercraft or outboard motor unclaimed by the owner within such ninety day period shall be disposed of by
destroying the same or by offering such watercraft or outboard motor for sale at public auction.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
483.12
Going on Ice Prohibited; Exception
No person shall go upon the ice of the navigable waterways of the City, except where such ice has been declared safe by the
Chief of Police or the officer in charge of the Ports and Harbors Unit.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
PART FOUR — TRAFFIC CODE
Title XI — Water Traffic Code
Chapter 485 — Watercraft Operation
Complete to June 30, 2010
CROSS REFERENCES
Operation regulations, RC 1547.05 et seq.
Water skiing regulations, RC 1547.14 et seq.
Water Traffic Code definitions, CO Ch 481
Prohibited riding positions, CO 483.06
Operating unsafe watercraft, CO 483.07
Vehicular homicide, CO 621.02
485.01
Rules of the Road
The following rules for preventing collisions shall be followed in the navigation of all public and private watercraft
operating upon the waters of Cleveland.
(a) Every watercraft which is under way propelled by sail alone shall be considered a sailboat. Every watercraft which is
under way propelled by sail and machinery shall be considered a powercraft. Every watercraft shall be considered under
way when it is not at anchor or made fast to the shore or aground. In addition to any other situation, risk of collision shall
be determined to exist whenever the compass bearing of the approaching watercraft remains substantially the same.
(b) When two sailboats are approaching one another so as to involve the risk of collision, one of them shall keep out of the
way of the other, as follows, namely:
(1) When one sailboat has the wind on the port side and the other has the wind on the starboard side, the sailboat with the
wind of the port side shall keep out of the way of the sailboat with the wind on the starboard side.
(2) When both sailboats have the wind on the same side, the sailboat which is to the windward shall keep out of the way of
the sailboat which is to leeward.
(3) When a sailboat with the wind on the port side sees a sailboat to windward and cannot determine with certainty
whether the other sailboat has the wind on the port or the starboard side, it shall keep out of the way of the other sailboat.
(c) When two powercraft are meeting on reciprocal or nearly reciprocal courses, so as to involve the risk of collision, each
shall alter its course to starboard, so that each shall pass on the port side of the other.
(d) When two powercraft are crossing at right angles or obliquely, so as to involve the risk of collision, the powercraft
which has the other on its own starboard side shall keep out of the way and shall, if possible, avoid crossing ahead of the
other.
(e) When a powercraft and a sailboat are proceeding in such directions as to involve the risk of collision, the powercraft
shall yield the right of way to the sailboat, except when the sailboat is overtaking the powercraft.
(f) Every watercraft which is directed by these rules to yield the right of way to another watercraft shall, on approaching
such other watercraft, if necessary, slacken its speed, stop, reverse or alter course. Where, by any of the rules prescribed in
the Water Traffic Code, or RC Chapter 1547, one of two watercraft shall yield the right of way, the other shall keep its
course and speed.
(g) Notwithstanding anything contained in this section, every watercraft overtaking another shall yield the right of way to
the overtaken watercraft. Every watercraft coming up with another watercraft from any direction more than twenty-two
and one-half degrees abaft the other's beam, that is, as such a position with reference to the watercraft which it is
overtaking that at night it would be unable to see either of the other's side or combination bow lights, is an overtaking
watercraft; and no subsequent alteration of bearing between the two watercraft shall make the overtaking watercraft a
crossing watercraft within the meaning of this section, or relieve it of the duty of keeping clear of the overtaken watercraft
until it is finally passed and clear. If the overtaking watercraft is in doubt as to whether it is forward of or abaft this
direction from the other watercraft, it should assume that it is an overtaking watercraft and yield the right of way.
(h) In rivers and streams or other areas in which there is a water current, the descending watercraft shall have the right of
way over a watercraft which is ascending.
(i) When a powercraft and a rowboat are proceeding in such direction as to involve the risk of collision, such powercraft
shall yield the right of way to such rowboat.
(j) Watercraft leaving a dock, boat slip or tie-up space shall yield the right of way to all watercraft approaching such dock,
boat slip or tie-up space.
(k) At all times the operator of a watercraft shall maintain a proper lookout required by the ordinary practice of seamen
and by the special circumstances of the case.
(l) In obeying and construing this section, due regard shall be had to all dangers of navigation and collision and to any
special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger.
(Ord. No. 755-A-86. Passed 10-27-86, eff. 10-31-86)
485.02
Reckless Operation; Speed
No person shall operate a watercraft or manipulate any water skis, aquaplane or similar device in a reckless manner or
carelessly or heedlessly, or at a speed greater or less than is reasonable or proper, having due regard to other watercraft,
waves, weather and wind and any other condition then existing, or at a speed to cause a wake so as to endanger any
person, swimmer or property of a person, having due regard to the presence of other watercraft, or persons or other
subjects in or on the waters of Cleveland, or in disregard of the rights or safety of any person, watercraft or property, or
without due caution.
(Ord. No. 1348-90. Passed 8-23-90, eff. 8-31-90)
485.03
Operating Under Influence of Alcohol or Drugs Prohibited; Evidence
(a) No person shall operate, be in physical control of any vessel underway or manipulate any water skis, aquaplane or
similar device upon the waters of this City, if any of the following apply:
(1) The person is under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse;
(2) The person has a concentration of ten-hundredths of one percent (0.10%) or more by weight of alcohol in his blood;
(3) The person has a concentration of fourteen-hundredths (0.14) of one gram or more by weight of alcohol per 100
milliliters of his urine;
(4) The person has a concentration of ten hundredths (0.10) of one gram or more by weight of alcohol per 210 liters of his
breath.
(b) In any criminal prosecution for a violation of this section, the court may admit evidence on the concentration of
alcohol or a drug of abuse in the defendant's blood, urine or breath at the time of the alleged violation as shown by
chemical analysis of the defendant's blood, urine or breath, taken within two hours of the time of the alleged violation.
When a person submits to a blood test, only a physician, registered nurse or qualified technician or chemist shall withdraw
blood for the purpose of determining its alcohol or drug of abuse content. This limitation does not apply to the taking of
breath or urine specimens. A physician, registered nurse or qualified technician or chemist may refuse to withdraw blood
for the purpose of determining its alcohol or drug of abuse content if in his opinion the physical welfare of the person
would be endangered by the withdrawing of blood.
The blood, urine or breath shall be analyzed in accordance with methods approved by the Ohio Director of Health by an
individual possessing a valid permit issued by the Director of Health pursuant to RC 3701.143.
If there was at the time the blood, urine or breath was taken a concentration of less than ten-hundredths of one percent
(0.10%) by weight of alcohol in the defendant's blood, less than fourteen hundredths (0.14) of one gram by weight of
alcohol per 100 milliliters of his urine, or less than ten hundredths (0.10) of one gram by weight of alcohol per 210 liters of
his breath, such fact may be considered with other competent evidence in determining the guilt or innocence of the
defendant.
Upon the request of the person who was tested, the results of the test shall be made available to him, his attorney or agent
immediately upon the completion of the test analysis.
The person tested may have a physician, registered nurse or qualified technician or chemist of his own choosing
administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer, and shall
be so advised. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence
relating to the test or tests taken at the direction of a law enforcement officer.
A physician, registered nurse or qualified technician or chemist who withdraws blood from a person pursuant to this
section, and a hospital, first aid station or clinic at which blood is withdrawn from a person pursuant to this section, is
immune from criminal liability, and from civil liability that is based upon a claim of assault and battery or based upon any
other claim that is not in the nature of a claim of malpractice, for any act performed in withdrawing blood from the
person.
(RC 1547.11; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)
485.04
Prima-Facie Evidence of Operation Under the Influence
In any hearing in the Municipal Court of Cleveland on a charge of operating a watercraft under the influence of alcohol or
any drug of abuse, testimony that a watercraft bearing a certain number award was found to be in violation hereunder and
further testimony that the records of the State show that such number award was issued to the defendant and further
testimony that the defendant was found on the watercraft or immediate vicinity when the violation occurred, shall be
prima-facie evidence of unlawful operation of such watercraft by the defendant. A certified copy showing such facts from
the State Division of Watercraft shall be proof of such ownership.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
485.05
Following Too Closely
The operator of a watercraft shall not follow another watercraft more closely than is reasonable and prudent, having due
regard to the speed of such watercraft and other marine traffic in the immediate vicinity.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
485.06
Emerging from Harbor, Basin, River into Open Water
The operator of a watercraft emerging from a boat club basin, boat club harbor or any other enclosure, or from behind a
breakwall, pier or other obstruction either permanent or temporary or from a river shall, before entering open water, slow
such watercraft to a speed slow enough to enable him to observe marine traffic in such open water, and shall yield the
right of way to such other marine traffic so that he may safely enter such open water without hindrance to other watercraft
already in such open water.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
485.07
Interference to Navigation; Watercraft Pound
No person shall operate any watercraft or vessel in a manner which will unreasonably or unnecessarily interfere with other
watercraft or vessels or with the free and proper navigation of the waterways of the City. Anchoring or mooring under
bridges or in a heavily traveled channel, or in a Coast Guard established Safety Zone or in an area covered by Special Local
Regulations established by the U.S. Coast Guard, shall constitute such interference if unreasonable under the prevailing
circumstances. The Director of Public Safety is hereby authorized to create a watercraft pound to which watercraft may be
removed by police officers.
(Ord. No. 1348-90. Passed 8-23-90, eff. 8-31-90)
485.08
Overloading
No watercraft shall be loaded with passengers or cargo beyond its safe carrying capacity, nor carry passengers in an unsafe
manner, taking into consideration weather and other existing operating conditions.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
485.09
Reporting a Collision or Accident
(a) The operator of a vessel involved in a collision, accident or other casualty, so far as he can do so without serious danger
to his own vessel, crew and passengers, shall render to other persons affected by the collision, accident or other casualty
such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused
by the collision, accident or other casualty, and also shall give his name, address and identification of his vessel in writing
to any person injured and to the owner of any property damaged in the collision, accident or other casualty, or to any
person who requests such information.
Any person who renders assistance at the scene of a collision, accident, or other casualty involving a vessel is not liable in a
civil action for damages or injury to persons or property resulting from any act or omission in rendering assistance or in
providing or arranging salvage, towage, medical treatment, or other assistance except that the person is liable for willful or
wanton misconduct in rendering assistance. Nothing in this section precludes recovery from any tortfeasor causing a
collision, accident, or other casualty, of damages caused or aggravated by the rendering of assistance.
(b) In the case of collision, accident or other casualty involving a vessel, the operator thereof, if the collision, accident or
other casualty results in loss of life, personal injury requiring medical treatment beyond first aid, or damage to property in
excess of two hundred dollars ($200.00), shall file with the Police Division a full description of such collision, accident or
other casualty, within twenty-four hours, on such form as may be prescribed.
(c) If the vessel operator involved in a collision, accident or other casualty is incapacitated, the investigating police officer
shall file the required form.
(RC 1547.59; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)
485.10
Exemptions to Emergency Watercraft
(a) The provisions of this chapter regulating the operation of watercraft shall apply to authorized emergency watercraft,
except that an operator of such emergency watercraft in an emergency may:
(1) Exceed the prima-facie speed limits so long as he operates with due regard for the safety of all persons in the area and
sounds audible signals by bell, siren or exhaust whistle.
(2) Anchor, stop, moor, dock or dive, notwithstanding the provision of this section.
(b) The provisions of this chapter shall not apply to persons, barges, derricks, tugs, work watercraft and other equipment
while actually engaged in work within an area designated by the Director of Port Control of the City or other State and
Federal government agencies.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
485.11
Obedience to Federal and State Marine Rules of the Road
The operator, owner or person in charge of a watercraft in the waters of Cleveland shall obey the rules of the road as
promulgated by the United States Coast Guard in the Department of Treasury and all laws approved by the State General
Assembly for the Division of Watercraft, Department of Natural Resources.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
485.12
Anchoring
No person shall anchor a watercraft for fishing, or anchor or stop or allow a watercraft to drift for any purpose other than
an emergency in any City waters in such a position as to obstruct a passageway or channel ordinarily used by other
watercraft, which also includes entrances and channels into yacht club and marina harbors. No person shall anchor or
allow a watercraft to drift or obstruct marine traffic in the Cuyahoga River, or at the mouth of the Cuyahoga River, or in
the channel entrance to the Cleveland Harbor or in the shipping channel at the East Light where such anchoring or
drifting would hinder commercial and other watercraft from safe and proper use of such channels. No person shall moor
or anchor any watercraft in a designated speed zone or water ski zone.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
485.13
Mooring to Piers or Docks
No person shall moor or tie a watercraft to any public pier, public wharf or public dock when such pier, wharf or dock has
been posted by signs erected by Federal, State or City officials assigned to the Department of Port Control, prohibiting
such mooring. No person shall moor or tie to any such pier, dock or wharf in excess of a time limit stipulated by such
signs.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
485.14
Interference, Tampering or Mooring to Navigation Aids
(a) No person shall without lawful authority climb on, swim and hang on, dive off, tie a watercraft to or attempt to tie a
watercraft to, injure, sink, disconnect from its anchor, damage, deface or interfere with any buoy or other aid to navigation
which is placed, anchored or erected by the United States Coast Guard, State or City.
(b) No person shall knowingly damage, remove or tamper with any signal, buoy or other aid to navigation.
(c) No person, unless in distress and no other watercraft or vessel is endangered thereby, shall moor to, anchor to or tie up
to any marker, aid, buoy, light or other aid to navigation.
(d) No person shall purposely sever the mooring lines, set adrift, injure or damage in any manner any watercraft which is
moored, docked, buoyed or tied up on the waters of Cleveland.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
485.15
Prima-Facie Evidence of Unlawful Anchoring, Mooring or Tying
In any hearing of the Municipal Court on a charge of unlawful anchoring, mooring or tying of watercraft, testimony that a
watercraft bearing a certain number award was found to be unlawfully anchored, moored or tied in violation of any of the
provisions of this Water Traffic Code, and further testimony that the records of the Administrator of the State Division of
Watercraft show that such number award was issued to the defendant, shall be prima-facie evidence that the watercraft
which was so anchored, moored or tied was operated by the defendant at the time of the violation. A certified copy
showing such fact of registration from the State Division of Watercraft shall be proof of such ownership.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
485.16
Launching Ramps
No person shall use a public launching ramp in the City for any other purpose than to launch a watercraft and shall do so
as expeditiously as possible without prejudice to other person or persons waiting to use such ramp. No person shall use a
ramp for the purpose of repairing a watercraft or its engine or refuse to move a watercraft or trailer when ordered by a
police officer or person designated to supervise the proper use of such public launching ramps.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
485.17
Renting Watercraft to Intoxicated Persons
No person shall let, loan or rent, with or without hire, any watercraft to any person who is under the influence of alcohol or
any drug of abuse, or who, by reason of having been drinking any alcohol or using drugs, may be incompetent to take
charge of the management of a watercraft.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
485.18
Renting Watercraft to Persons Under Sixteen
No person shall let, loan or rent with or without hire, any watercraft to any person under sixteen years of age. However,
any person may let, loan or rent a watercraft to persons under sixteen years of age, when accompanied in the use of such
watercraft by a competent person over sixteen to take charge of and manage the same. This section does not apply to
regular training programs conducted by competent instructors, Sea Scout groups or persons under the jurisdiction of their
parents or guardians.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
485.19
Child Operators; Supervising Person; Incapacity of Operator
(a) Except as otherwise provided in this division, no person under sixteen years of age shall operate a personal watercraft
on the waters in this state. A person who is not less than twelve, nor more than fifteen years of age may operate a personal
watercraft if a supervising person eighteen years of age or older is aboard the personal watercraft and, in the case of a
supervising person born on or after January 1, 1982, if the supervising person holds a certificate obtained under Section
1547.05 of the Revised Code or, in the case of a rented powercraft, meets the requirements of Section 1547.052 of the
Revised Code.
(b) No person under twelve years of age shall operate any vessel on the waters in this state unless the person is under the
direct visual and audible supervision, during the operation, of a person who is eighteen years of age or older. This division
does not apply to a personal watercraft, which shall be governed by division (a) of this section, or to a powercraft, other
than a personal watercraft, powered by more than ten horsepower, which shall be governed by division (c) of this section.
(c) No person under twelve years of age shall operate on the waters in this state a powercraft, other than a personal
watercraft, powered by more than ten horsepower unless the person is under the direct visual and audible supervision,
during the operation, of a person eighteen years of age or older who is aboard the powercraft and, in the case of such a
supervising person born on or after January 1, 1982, who holds a certificate obtained under Section 1547.05 of the Revised
Code or, in the case of a rented powercraft, meets the requirements of Section 1547.052 of the Revised Code.
(d) No supervising person eighteen years of age or older shall permit any person who is under the supervising person's
supervision and who is operating a vessel on the waters in this state to violate any section of this chapter or a rule adopted
under it. (RC 1547.06)
(e) No owner of any watercraft or any person having such in charge or in control shall authorize or knowingly permit the
same to be operated by any person who by reason of physical or mental disability is incapable of operating such watercraft
under the prevailing circumstances.
(f) No person shall operate any watercraft when mentally or physically incapacitated so as to prevent operation in a safe
and competent manner.
(Ord. No. 835-03. Passed 6-10-03, eff. 6-12-03)
485.20
Water Skiing
(a) No person shall operate a watercraft and tow or otherwise assist a person, nor shall any such person be on water skis,
aquaplane, surfboard or similar contrivance in Cleveland waters unless such watercraft is occupied by at least two
competent persons: one who shall be the operator to observe the traffic pattern toward which such watercraft is
approaching and one who shall be the observer to observe the progress of the person being towed, provided that this
section does not apply to watercraft used in duly authorized ski exhibitions, tournaments or other aquatic events.
(b) No person shall water ski or tow or otherwise assist anyone on water skis, aquaplane, surfboard or similar contrivance
in the following waters or circumstances:
(1) Within 200 feet from shore or any other permanent or temporary obstruction, pier, breakwall, boat or yacht club
entrance, swimming beach, anchored watercraft or any other watercraft when such skiing would constitute a hazard to life
or property. However, this subsection does not apply to watercraft used in duly authorized ski exhibitions, tournaments or
other aquatic events;
(2) From sunset to sunrise, provided that this subsection does not apply to watercraft used in duly authorized ski
exhibitions, tournaments or other aquatic events;
(3) In a reckless or dangerous manner or when more than two persons are being towed simultaneously by the same
watercraft. Any person on water skis, aquaplane, surfboard or similar contrivance shall conduct himself upon the same in
a careful and prudent manner and shall remain at all times a reasonable and prudent distance from the person and
property of others, provided that this subsection does not apply to watercraft used in duly authorized ski exhibitions,
tournaments or other aquatic events;
(4) Unless such person being towed is wearing an adequate and effective Coast Guard approved Type 1, 2 or 3 personal
flotation device, provided that this subsection does not apply to watercraft used in duly authorized ski exhibitions,
tournaments or other aquatic events authorized by special permit. A watercraft operator towing a person not wearing a
personal flotation device as prescribed in this section shall be deemed in violation of this section. All personal flotation
devices shall be in good and serviceable condition and of appropriate size.
(c) No person shall install or maintain any structure or inclined platform known as a water ski jump on the waters of
Cleveland, and no person shall use such structure or platform for water ski jumping, except upon special permit.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
485.21
Swimming
Swimming in Cleveland waters shall be confined to restricted swimming areas or to within a distance of fifty feet from the
shore or pier not within any channel or passageway ordinarily used by watercraft. Swimming may be permitted in other
areas when the swimmer is accompanied by an occupied watercraft and swims within a distance of fifty feet of such
accompanying watercraft. No person shall swim or act in such a manner as to endanger his life or so as to cause injury to
another person while swimming in the Cleveland waters. The operator of any watercraft shall yield the right of way to a
swimmer at all times.
Swimming shall be prohibited at the Cleveland Electric Illuminating Company and the Municipal Light and Water Plant
intakes and water outlets or along the breakwall adjoining the same or in other areas when signs are posted prohibiting
swimming.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
485.22
Skin Diving and SCUBA Diving
Skin diving in Cleveland waters shall be confined to restricted swimming areas or to within a distance of fifty feet from the
shore or pier not within any channel or passageway ordinarily used by watercraft. Skin diving and SCUBA diving may be
permitted in other areas when such diver is accompanied by an occupied watercraft and the area in which he is diving is
marked by an adequately displayed diver's flag. It shall be a violation for such diver to surface further than fifty feet of
such diver's flag. The diver's flag referred to shall be such as described in Section 481.01(q).
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
PART FOUR — TRAFFIC CODE
Title XI — Water Traffic Code
Chapter 487 — Equipment
Complete to June 30, 2010
CROSS REFERENCES
Required equipment, RC 1547.26 et seq.
Water Traffic Code penalty, CO 481.99
Unnecessary noise from exhaust prohibited, CO 605.12
487.01
Excessive Propulsion Power
No watercraft shall be equipped with any motor or other propulsion machinery beyond its safe power capacity, taking into
consideration the type and construction of such watercraft and other existing operating conditions.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
487.02
Mufflers; Exception
All powercraft operating in City waters shall be equipped with an exhaust muffler or silencer of sufficient size and capacity
to effectually muffle and prevent excessive or unusual noise from the exhaust of any engines installed or aboard such
powercraft. No person shall operate a powercraft with an exhaust muffler cut-out open or in any other manner which
renders the exhaust muffler ineffective in muffling the sound of the engine exhaust. This section does not apply when such
powercraft is operating in a regularly scheduled and duly authorized race, regatta or other aquatic event.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
487.03
Whistles and Lights
No master, owner or any other person in charge of any watercraft, while lying at any pier, or at anchor or while navigating
in City waters, unnecessarily shall cause any whistle or siren to be blown or sounded, nor shall any person flash the rays of
a searchlight or other blinding light onto the bridge or into the pilot house of any watercraft under way for any purpose
other than those authorized by law.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
487.04
Lights for Watercraft
All watercraft subject to this Water Traffic Code shall, in all weather from sunset to sunrise and at any other time there is
not sufficient natural light to render discernible other watercraft and substantial objects on the water at a distance of 300
feet, carry and exhibit the following lights when under way. During such time no other lights which may be mistaken for
those prescribed shall be exhibited.
(a) All Class A and 1 powercraft shall carry the following lights:
(1) A bright white light aft to show all around the horizon; and
(2) A combined lantern in the forepart of the vessel and lower than the white light aft, showing green to starboard and red
to port, so fixed as to throw the light from right ahead to 22.5 degrees, two points, abaft the beam on their respective sides.
Each light thereby subtending an arc of 112.5 degrees, ten points, measured from the center line of the boat and beginning
right ahead.
(b) All Class 2 and 3 powercraft shall carry the following lights:
(1) A bright white light in the forepart of the vessel as near the stern as practicable, so constructed as to show an unbroken
light over an arc of the horizon of 225 degrees, twenty points, so fixed as to throw the light 112.5 degrees, ten points, on
each side of the vessel; namely, from right ahead to 22.5 degrees, two points, abaft the beam on either side;
(2) A bright white light aft to show all around the horizon and higher than the white light forward; and
(3) On the starboard side a green light so constructed as to show an unbroken light over an arc of the horizon of 112.5
degrees, ten points, so fixed as to throw the light from ahead to 22.5 degrees, two points, abaft the beam on the starboard
side. On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of 112.5 degrees,
ten points, so fixed as to throw the light from the right ahead to 22.5 degrees, two points, abaft the beam on the port side.
The side lights shall be fitted with inboard screens of sufficient height so set as to prevent these lights from being seen
across the bow.
(c) Sailboats propelled by machinery whether under sail or not, shall exhibit the same lights as prescribed for powercrafts
of comparable length.
(d) Every sailboat, regardless of length, under sail alone shall exhibit:
(1) On the starboard side, a green light, so constructed as to throw an unbroken light over an arc of the horizon of 112.5
degrees, ten points, so fixed to throw the light from right ahead to 22.5 degrees, two points, abaft the beam on the
starboard side;
(2) On the port side, a red light, so constructed to show an unbroken light over an arc of the horizon 112.5 degrees, ten
points, so fixed to throw the light from right ahead to 22.5 degrees, two points, abaft the beam on the port side;
(3) At her stern a white light, so constructed that it shall show an unbroken light over an arc of the horizon 135 degrees,
twelve points, so fixed as to show the light 67.5 degrees, six points, from right aft on each side of the vessel, and of such a
character as to be visible a distance of at least two miles, and carried as nearly as practicable on the same level as the side
lights, or, in lieu of the white stern light, a readily accessible lantern or flashlight showing a white light.
(e) Rowboats and canoes shall carry either a white light visible all around the horizon or a readily accessible lantern or
flashlight showing a white light.
(f) All watercraft required to carry a readily accessible flashlight or lantern shall exhibit such flashlight or lantern in
sufficient time to avert a collision.
(g) A white light visible all around the horizon shall be exhibited by watercraft while at anchor.
(h) Every white light prescribed by this section shall be of such character as to be visible at a distance of at least two miles.
Every colored light prescribed by this section shall be of such character as to be visible at a distance of at least one mile.
(i) In lieu of the lights required by this section, any powercraft may carry and exhibit lights required by:
(1) "Act of February 8, 1895," 28 Stat. 645, 33 U.S.C. 241, as amended;
(2) "Act of September 24, 1963," 77 Stat. 194, 33 U.S.C. 1061, as amended;
(3) "Act of May 21, 1948," 62 Stat. 250, 33 U.S.C. 301, as amended.
(j) In lieu of the lights required by this section, any sailboat may carry and exhibit the lights required by either:
(1) "Act of February 8, 1895," 28 Stat. 645, 33 U.S.C. 241, as amended;
(2) "Act of May 21, 1948," 62 Stat. 250, 33 U.S.C. 301, as amended.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
487.05
Flashing Lights
No person shall install or use any intermittently flashing lights of any type or color on any vessel in use or operation,
except in an emergency to attract attention for aid and relief of the distressed. A blue revolving or flashing horizontal beam
located at any effective point on the vessel may be displayed by authorized patrol boats engaged in law enforcement
duties.
(RC 1547.03; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)
487.06
Personal Flotation Devices
(a) No person shall operate or permit to be operated any vessel under eighteen feet in length while there is present in such
vessel any person under ten years of age, not wearing a Coast Guard approved type one, two or three personal flotation
device in good and serviceable condition of appropriate size securely attached to the person under ten years of age. (RC
1547.24)
(b) No person shall operate or permit to be operated any vessel on the waters of Cleveland:
(1) Sixteen feet or greater in length without carrying on board one type one, two or three personal flotation device for each
person on board and one type four personal flotation device;
(2) Less than sixteen feet in length, including canoes, without carrying on board one type one, two, three or four personal
flotation device for each person on board.
(c) A recreational hybrid personal flotation device that is marked "REQUIRED TO BE WORN" may be used to meet the
carriage requirements of this section if both of the following conditions are met:
(1) The device is worn whenever the watercraft is underway;
(2) The intended wearer is not in an enclosed space. If recreational hybrid personal flotation devices with the marking
"REQUIRED TO BE WORN" are not worn under these conditions, other personal flotation devices shall be provided to
comply with the carriage requirements of this section.
(d) Each personal flotation device shall be Coast Guard approved and in good and serviceable condition, of appropriate
size for the wearer, and readily accessible to each person aboard such vessel at all times.
(RC 1547.25; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)
487.07
Flame Arrestors
Carburetors on all engines of powercraft other than those propelled by a detachable outboard motor shall be fitted with a
Coast Guard approved backfire flame arrestor securely attached to the carburetor and in proper working order.
(RC 1547.28; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
487.08
Whistles and Bells
All powercraft of Class 1 in operation shall carry in working condition one hand, mouth or power operated whistle capable
of producing a blast of at least two seconds duration and audible at least one-half mile.
All powercraft of Class 2 in operation shall carry in working condition one hand or power operated whistle capable of
producing a blast at least two seconds' duration and audible at least one mile.
All powercraft of Class 3 in operation shall carry one power operated whistle capable of producing a blast of at least two
seconds' duration and audible at least one mile.
Every Class 2 and Class 3 powercraft in operation shall in addition be equipped with a bell which when struck produces a
clear, bell-like tone of full, round characteristics.
No person, except in emergency watercraft, shall use or operate a siren on the waters of Cleveland, except for emergency
purposes.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
487.09
Fire Extinguishers
(a) Except those powercraft propelled by an electric motor and those less than twenty-six feet in length designed for use
with an outboard motor, of open construction and not carrying passengers for hire, all powercraft shall carry fire
extinguishers as prescribed in this section. The fire extinguishers shall be capable of extinguishing a burning gasoline fire,
shall be so placed as to be readily accessible and in such condition as to be ready for immediate and effective use, and shall
comply with minimum or higher standards for such extinguishers then prevailing as prescribed by the United States Coast
Guard.
(b) Class A and class 1 powercraft shall carry at least one B-1 fire extinguisher.
Class 2 powercraft shall carry at least two B-1 fire extinguishers or at least one B-2 fire extinguisher.
Class 3 powercraft shall carry at least three B-1 fire extinguishers, or at least one B-1 and one B-2 fire extinguishers.
A B-1 fire extinguisher is one containing a minimum of one and one-fourth gallons foam, four pounds carbon dioxide, two
pounds dry chemicals, two and one-half pounds halon, or another extinguishing material approved by the United States
Coast Guard, in a quantity approved by the United States Coast Guard for such use. A B-2 fire extinguisher is one
containing a minimum of two and one-half gallons foam, fifteen pounds carbon dioxide, ten pounds dry chemical, ten
pounds halon, or another extinguishing material approved by the United States Coast Guard, in a quantity approved by
the United States Coast Guard, for such use.
No person shall operate or permit to be operated on the waters of Cleveland any powercraft that does not comply with this
section.
(RC 1547.27; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)
487.10
Anchor
All vessels, except sailboats less than sixteen feet long having a cockpit depth of less than twelve inches and except canoes,
shall carry an anchor of proper weight with line of sufficient weight and length to anchor such vessel securely.
(RC 1547.26; Ord. No. 91-96. Passed 3-18-96, eff. 3-26-96)
487.11
Ventilation
All powercraft using gasoline or other liquid fuel with a flashpoint of less than 110 degrees Fahrenheit and which have
bilges and fuel tank compartments shall have at least two cowled ventilators or their equivalent for removing flammable
gases, or a Coast Guard approved ventilating system. Ventilators are not required when the greater portion of the engine
bilges and fuel tank compartments are open to the air.
(RC 1547.29; Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
487.12
Violation of Required Equipment
All watercraft shall carry the equipment required by any applicable United States laws and State laws as now or hereafter
amended, and a violation of the same shall be deemed a violation of this chapter.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
487.13
Watercraft Display Flag; Use
The display on a watercraft or by a person of a flag of at least two feet square and international orange in color indicates
that a watercraft or a person is in distress and in need of help.
No person shall operate a watercraft upon the waters of Cleveland unless the watercraft carries such flag, except a canoe or
a rowboat upon nonnavigable waterways.
No person shall display such flag, unless a watercraft or a person is in distress and in need of help.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)