Ordinance 3135-09 - Laserfiche WebLink

• B. A person shall not operate or permit to be operated a vessel equipped with a motor or other propulsion machinery of a power beyond the vessel's ability to operate safely, taking into consideration the vessel's type, use, and construction, the weather conditions, and other existing operating conditions. C. A violation of subsection A or B of this section is an infraction punishable in accordance with IRLJ 6.2(d)(4), except as provided by the Penalty section of this Chapter or where the overloading or overpowering is reasonably advisable to effect a rescue or for some similar emergency purpose. D. If it appears reasonably certain to any law enforcement officer that a person is operating a vessel clearly loaded or powered beyond its safe operating ability and in the judgment of that officer the operation creates an especially hazardous condition, the officer may direct the operator to take immediate and reasonable steps necessary for the safety of the individuals on board the vessel, including directing the operator to return to shore or a mooring and to remain there until the situation creating the hazard is corrected or ended. In addition to the penalty provided in subsection A or B of this section for overloading or overpowering the vessel, it shall be a separate offense for any person to fail to follow the direction of an officer under this subsection. Failure to follow the direction of an officer under this subsection is a misdemeanor punishable by up to 90 days in jail and by a fine of not more than one thousand dollars. Section 12: Ordinance 1246-86 § 1 (part), 1986, as amended by Section 1 of Ordinance 2834-05 (EMC 12.02.110),which reads as follows: Vessel operators—Age restriction—Penalties. A. It is unlawful for any motorboat to be operated, or for any person owning or in charge of any motorboat to authorize any motorboat to be operated,by any person under the age of fourteen years unless such person is accompanied by a person who is over the age of fourteen years. B. Penalties. 1. It is an infraction for any person to violate this section, to be punished by a fine of sixty-two dollars, not including costs and assessments. 2. Every person who violates this section a third or more times within a two-year period shall be guilty of a misdemeanor,punishable by a maximum possible ninety days in jail and a fine of not less than two hundred fifty dollars nor more than one thousand dollars. Two hundred fifty dollars of the fine shall not be suspended or deferred,but the court may authorize community service in lieu of all or part of the fine. Is hereby amended to read as follows: 11