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HomeMy WebLinkAbout1955-08 05-26 CCO • CHAPTER 33 - WATER AND WATERWAYS Regulation of Boats AN ORDINANCE RELATING TO THE USE OF SMALL BOATS, MOTORBOATS AND SLING VESSELS, PRESCRIBING SAFETY MEASURES IN CONNECTION THEREWITH, AND PROVIDING PENALTIES FOR VIOLATIONS The Village Council of the Village of Brooklyn Center do ordain as follows: Section 33 -101. DEFINITIONS. For purposes of this ordinance the following terms have the meaning ascribed to them in this section: (1) Person, means any individual, firm, corporation, partnership, company, association, trustee, administrator, executor, receiver, assignee or personal representative thereof. (2) Boat means any vessel less than 26 feet in overall length used for transportation on or in water. (3) Motorboat means any vessel less than 26 feet in overall length and • propelled by machinery, including vessels equipped with detachable motors. Section 33 -102. LIGHTS REQUIRED. Every boat when underway, shall carry on board from sunset to sunrise but not fixed to any part of the boat a lantern or flashlight capable of showing a white light visible all around the horizon at a distance of two miles or more and shall display such lantern in sufficient time to avoid collision with another boat. Sailboats, including those with outboard motors, under 26 feet in length, propelled by sail and machinery or by sails alone, shall carry a bright white light to show all around the horizon. In addition, such boats when so propelled shall carry ready at hand a lantern or flashlight showing a white light which shall be exhibited in sufficient time to avert collision. Every white light prescribed by this section shall be visible on a dark night with clear atmosphere. The word "visible" when applied to lights shall mean visible on a dark night with clear atmosphere. Section 33 -103. MUFFLERS REQUIRED. It is unlawful to use a boat propelled in whole or in part by gas, gasoline or naphtha unless the same is provided with a stock factory muffler, underwater exhaust or other modern devices capable of adequately muffling the sound of the exhaust of the engine. The phrase "adequately muffling" shall mean that the motor's exhaust at all times be so muffled or suppressed as not to create excessive or unusual noise. The discharge of cooling water throng the exhaust of an inboard engine shall be considered an adequate muffling device. Motorboats may be operated with cut -outs or mufflers open while actually competing Y com etin in an race licensed to be held by the Village Council. • Section 33 -104. SPEED AND OPERATION OF MOTORBOATS. Every operator of a motorboat shall_ at all times navigate the same in a careful and prudent manner and at such rate of speed and along a course as not to endanger the life, limb or property of any person. • • No person shall operate any motorboat at a rate of speed greater than • will permit him in the exercise of reasonable care to bring the motorboat to a stop within the assured clear distance ahead. It is unlawful to operate a motorboat in a careless or reckless manner. Reckless navigation of a motorboat shall include operating the same in a manner which unnecessarily interferes with the free and proper use of the navigable waters of the state or unnecessarily endangers other boats therein, or the life and limb of any person. Section 33 -105. OPERATING RULES. When two boats are approaching each other "head on" or nearly so, so as to involve risk of collision, it shall be the duty of each boat to bear to the right and pass the other boat on its left side. When boats appraoch each other obliquely or at right angles, the boat approaching on the right side has the right of way. One boat may overtake another on either side but must grant right of way to the overtaken boat. Section 33 -106. OPERATING RESTRICTIONS. No person shall so anchor a boat for fishing or other purposes in such a position as to obstruct a passageway ordinarily used by other boats. No person shall operate a motorboat within a water area which is clearly marked by bouys or some other distinguishing device as a bathing or swimming area. Section 33 -107. MOORING TO BOLJYS OR BEACONS PROHIBITED. Any person mooring any boat to any of the bouys or beacons placed in any waterway by the authority of the United States or by the authority of a commission or subdividon thereof, or • in any manner hanging on with a boat to such bout' or beacon shall be in violation of this ordinance. Section 33 -108. OPERATION BY CERTAIN PERSONS PROHIBITED. It shall be unlawful for any person who is under the influence of intoxicating liquor or narcotic drugs or barbital or any person who is a habitual user of frame to operate, propel or be in actual physical control of any boat. It shall be unlawful for the owner of any boat or any person having such in charge or in control to authorize or knowingly permit the same to be propelled or operated by any person who is under the influence of intoxicating liquor, narcotic drugs or barbital or any person who is a habitual user of same. section 33 -109. DUTIES OF OPERATOR IN CASE OF ACCIDENT. The operator of any boat involved in an accident resulting in injury or death to any person or in damage to property shall immediately stop such boat at the scene of such accident and shall give his name, address, full identification of his boat and the name and address of the owner, to the person struck or the operator or occupants of the boat collided with, and shall render to any person injured in such an accident reasonable assistance and shall report such accident to the nearest or most convenient law enforcement agency or office. Section 33 -110. PENALTIES. Any person who shall violate any provision of this ordinance shall upon conviction thereof be fined not more than OAe Hundred ($100.00) Dollars or imprisoned for not to exceed ninety (90) days for each offense. Section 33 -111. EFFECTIVE DATE. This ordinance shall have effect from and • • after its passage and legal publication. Passed by the Village Council this 26th day of May, 1955. f � 9.�fArf G•°G' �'d! Mayor Attest: C r (Seal)