Ordinance 2416-99 - Laserfiche WebLink

internal combustion engine. The provisions of this subsection shall not apply to race-type boats operated on any race course approved for that purpose by the park board when such operation is of the dates and hours permitted for the course and all warning signs or markers and safety patrolling requirements for the course are met. E. Flotation Devices Required for Children Twelve and Under. No person shall operate a vessel under nineteen feet in length on Silver Lake with a child twelve years old and under, unless the child is wearing a personal flotation device that meets or exceeds the United States Coast Guard approval standards of the appropriate size,while the vessel is underway. For the purposes of this section, a personal flotation device is not considered readily accessible for children under twelve years old and under unless the device is worn by the child while the vessel is underway. The personal flotation device must be worn at all times by a child twelve years old and under whenever the vessel is underway and the child is on an open deck or open cockpit of the vessel. The following circumstances are excepted: 1. While a child is below deck or in the cabin of a boat with an enclosed cabin; 2. While a child is on a United States Coast Guard inspected passenger-carrying vessel operating on the navigable waters of the United States; or 3. While on board a vessel at a time and place where no person would reasonably expect a danger of drowning to occur. Section 2: Section 10 of Ordinance 1183-85 (EMC 8.44.00), which reads as follows: Penalties. A. General Penalty. Each violation of this ordinance shall constitute a misdemeanor punishable upon conviction by a fine of not more than five hundred dollars or by imprisonment not to excess six months or by both such fine and imprisonment. B. Reckless Operation. Any person who operates any vessel in wilful or wanton disregard for the safety of persons or property is guilty of reckless operation. C. Exceeding Speed Limit Evidence of Reckless Operation. The unlawful operation of a vessel in excess of the maximum lawful speeds provided in this chapter at the point of operation and under the circumstances described shall be prima facie evidence of the operation of a vessel in a reckless manner by the operator thereof D. Operating Vessel in a Negligent Manner. It shall be unlawful for any person to operate a vessel in a negligent manner. For the purpose of this section, to "operate in a negligent manner" shall be construed to mean the operation of a vessel in such a manner as to endanger or be likely to endanger any persons or property. The offense of operating a vessel in a negligent manner shall be considered to be a lesser offense than, but included in,the offense of operating a vessel in a reckless manner, and any person charged with operating a vessel in a reckless manner may be convicted of the lesser offense of operating a vessel in a negligent manner. 3