485.01 Rules of the Road 485.02 Reckless Operation; Speed
485.03 Operating Under Influence of Alcohol or Drugs Prohibited; Evidence 485.04 Prima-Facie Evidence of Operation Under the Influence
485.05 Following Too Closely
485.06 Emerging from Harbor, Basin, River into Open Water 485.07 Interference to Navigation; Watercraft Pound 485.08 Overloading
485.09 Reporting a Collision or Accident 485.10 Exemptions to Emergency Watercraft
485.11 Obedience to Federal and State Marine Rules of the Road 485.12 Anchoring
485.13 Mooring to Piers or Docks
485.14 Interference, Tampering or Mooring to Navigation Aids
485.15 Prima-Facie Evidence of Unlawful Anchoring, Mooring or Tying 485.16 Launching Ramps
485.17 Renting Watercraft to Intoxicated Persons 485.18 Renting Watercraft to Persons Under Sixteen
485.19 Child Operators; Supervising Person; Incapacity of Operator 485.20 Water Skiing
485.21 Swimming
485.22 Skin Diving and SCUBA Diving Cross-reference:
Operating unsafe watercraft, CO 483.07 Prohibited riding positions, CO 483.06 Vehicular homicide, CO 621.02
Water Traffic Code definitions, CO Ch. 481 Statutory reference:
Operation regulations, RC 1547.05 et seq.
Water skiing regulations, RC 1547.14 et seq.
§ 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 (2) sailboats are approaching one (1) another so as to involve the risk of collision, one (1) of them shall keep out of the way of the other, as follows, namely:
(1) When one (1) 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 (2) 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 (2) 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 (1) of two (2) 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 (22.5) 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 (2) 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 or her blood;
(3) The person has a concentration of fourteen-hundredths of one (0.14) gram or more by weight of alcohol per one hundred (100) milliliters of his or her urine;
(4) The person has a concentration of ten hundredths of one (0.10) gram or more by weight of alcohol per two hundred ten (210) liters of his or her 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 (2) 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 or her 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 of one gram (0.14) by weight of alcohol per one hundred (100) milliliters of his or her urine, or less than ten hundredths of one (0.10) gram by weight of alcohol per two hundred ten (210) liters of his or her 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 or her, his or her 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 or her 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 or her to observe marine traffic in such open water, and shall yield the right-of-way to such other marine traffic so that he or she 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 or she can do so without serious danger to his or her 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 or her name, address and identification of his or her 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 (24) 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 or she 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 (16) years of age. However, any person may let, loan or rent a watercraft to persons under sixteen (16) years of age, when accompanied in the use of such watercraft by a competent person over sixteen (16) to take charge of and
No person shall let, loan or rent with or without hire, any watercraft to any person under sixteen (16) years of age. However, any person may let, loan or rent a watercraft to persons under sixteen (16) years of age, when accompanied in the use of such watercraft by a competent person over sixteen (16) to take charge of and