CHAPTER 95:  MARINE SAFETY

§ 95.01	TITLE.
	This chapter shall be known and may be cited as the "Marine Safety Ordinance."
(Ord. 116, passed 7-25-90)

§ 95.02	DEFINITIONS.
	For the purpose of this chapter, the following definitions shall apply unless 
	the context clearly indicates or requires a different meaning.
	
	ANCHORED RAFTS.	All types of non-powered rafts used for recreational purposes 
			which are anchored seasonally on waters of the city.

	ASSOCIATED EQUIPMENT.	A system, part, or component of a boat as originally 
				manufactured, or a similar part or component 
				manufactured or sold for replacement, repair or 
				improvement of the system, part, or component; an 
				accessory or equipment for, or appurtenance to, a boat; 
				or a marine safety article, accessory, or equipment 
				intended for use by a person on board a boat. It does 
				not include radio equipment.

	BOAT.	A vessel which is manufactured or used primarily for noncommercial use; 
		leased, rented or chartered to another for the latter's noncommercial 
		use; or engaged in the carrying of not more than six passengers.

	BOAT LIVERY.	A business which holds a vessel for renting, leasing, or 
			chartering.

	BOATING SAFETY CERTIFICATE.	A certificate issued by the Director of the 
					State Department of Natural Resources 
					evidencing that the holder has successfully 
					completed a state-approved course of 
					instruction in boating safety.

	HIGH SPEED BOATING.	A speed at or above which a motorboat reaches a 
				planing condition.

	LIFEBOAT.	A small boat designated and used solely for lifesaving 
			purposes, and does not include dinghies, tenders, speedboats,
			or other types of craft carried aboard vessels and used for 
			other than lifesaving purposes.

	MANUFACTURER.	A person engaged in the manufacture, construction, or assembly 
			of boats or associated equipment; the manufacture or 
			construction of components for boats and associated equipment 
			to be sold for subsequent assembly; or the importation of a 
			boat or associated equipment into the state for sale.

	MOTORBOAT.	A vessel propelled by machinery, whether or not machinery is 
			the principal source of propulsion.

	OPERATE.	To navigate or otherwise use a vessel.

	OPERATOR.	The person who is in control or in charge of a vessel while it 
			is in use.

	OWNER.		A person who claims lawful possession of a vessel by virtue of 
			legal title or equitable interest therein which entitles him or 
			her to the possession.

	PASSENGER.	A person carried on board a vessel other than the owner or his 
			or her representative; the operator; bona fide members of the 
			crew engaged in the business of the vessel who have not 
			contributed consideration for their carriage and who are paid 
			for their services; or a guest on board a vessel which is being 
			used exclusively for pleasure purposes who has not contributed 
			consideration, directly or indirectly, for his or her carriage.

	PORT.		Left, and reference is to the port side of a vessel or to the 
			left side of the vessel.

	REGATTA, BOAT RACE, MARINE PARADE, TOURNAMENT, or EXHIBITIONS.	
	An organized water event of limited duration which is conducted according to a 
	prearranged schedule.

	SLOW-NO WAKE SPEED.	A very slow speed whereby the wake or wash created by 
				the vessel would be minimal.

	STARBOARD.		Right, and reference is to the starboard side of a 
				vessel or to the right side of the vessel.

	UNDOCUMENTED VESSEL.	A vessel which does not have, and is not required to 
				have, a valid marine document issued by the United 
				States Coast Guard or federal agency successor thereto.
	USE.			Operate, navigate, or employ.

	VESSEL.			Every description of watercraft, other than a seaplane 
				on the water, used or capable of being used as a means 
				of transportation on water.

	WATERS OF THE CITY.	Any waters within the territorial limits of the city.
(Ord. 116, passed 7-25-90)
REGULATIONS AND PROHIBITIONS

§ 95.10	AGE OF OPERATOR.
	Children less than 12 years of age may be permitted to operate motorboats on 
	the waters of the city only when accompanied by at least one person 16 years of 
	age or older. Children between the ages of 12 and 16 may be permitted to 
	operate motorboats on the waters of the city only when accompanied by a least 
	one person 16 years of age or older, or without such adult supervision when in 
	possession of a boating safety certificate issued subsequent to satisfactorily 
	completing a course in boating safety approved by the State Department of 
	Natural Resources. When so operating, the boating safety certificate shall be 
	in the possession of the minor operator and shall be presented upon demand of 
	any peace officer. The provisions of this section shall not be applicable to 
	any motorboat powered by less than 6-horsepower motors.
(Ord. 116, passed 7-25-90)  Penalty, see § 95.99

§ 95.11	RULES OF OPERATION.
	(A)	When vessels are being operated in such a manner so as to make 
		collision imminent or likely, the following rules shall apply:

		(1)	When two vessels are approaching each other head-on, or nearly 
			so, the operator of each shall cause his or her vessel to pass 
			on the port side of the other.

		(2)	When overtaking a vessel proceeding in the same direction, the 
			operator of the overtaking vessel, unless it is not feasible to 
			do so, shall pass on the port side of the vessel ahead.

		(3)	When two vessels are approaching each other at right angles or 
			obliquely so as to involve risk of collision, other than when 
			one vessel is overtaking another, the operator of the vessel 
			which has the other on his or her own port side shall hold his 
			or her course and speed, and the operator of the vessel which 
			has the other on his or her own starboard side shall give way 
			to the other by directing his or her course to starboard so as 
			to cross the stern of the other vessel or, if necessary to do 
			so, shall slacken his or her speed, stop or reverse.

		(4)	When a motorboat and a vessel under sail are proceeding in such 
			a manner so as to involve risk of collision, the operator of 
			the motorboat shall give way to the vessel under sail.

		(5)	When a motorboat and a vessel not propelled by sail or 
			mechanical means are proceeding in such manner as to involve 
			risk of collision, the operator of the motorboat shall give way 
			to the other vessel.

		(6)	When, by any of the rules provided in this section, the 
			operator of a vessel is required to give way to the other, the 
			operator of the other vessel shall maintain his or her 
			direction and speed.

	(B)	Nothing in this section shall relieve the operator of a vessel
		otherwise privileged by the provisions of this section from the	
		duty to operate with due regard for the safety of all persons using the 
		waters of the city.
(Ord. 116, passed 7-25-90)  Penalty, see § 95.99

§ 95.12	SPEED.
	(A)	On waters of the city for which a motorboat speed limit is not 
		established under Public Act 303 of 1967, being M.C.L.A. 
		§ 281.1072a(1), or on any waters of the city that are not subject to an 
		unlimited motorboat speed limit established pursuant to M.C.L.A. 
		§ 281.1072a(1), or on any waters of the city for which stricter speed 
		restrictions are not established pursuant to an act of the state, or on 
		any waters of the city for which stricter speed restrictions are not 
		established pursuant to a special local ordinance under Public Act 303 
		of 1967, being M.C.L.A. § 281.1016, a maximum speed limit of 55 miles 
		per hour is established, except in an emergency and except for 
		authorized peace and conservation officers when engaged in official 
		duties. The maximum speed limit of 55 miles per hour shall apply to 
		Lake Michigan.

	(B)	A person shall not operate a motorboat on the waters of the city at a 
		speed greater than slow-no wake speed or the minimum speed necessary 
		for the motorboat to maintain forward movement when within 200 feet of 
		the shoreline where the water depth is less than 3 feet, as determined 
		by vertical measurement, except in navigable channels not otherwise 
		posted.

	(C)	A person operating a motorboat in violation of this section is guilty 
		of reckless operation of a motorboat punishable as provided in § 95.99.

	(D)	This section may be waived for marine events authorized by the State 
		Department of Natural Resources under § 95.19.
(Ord. 116, passed 7-25-90)  Penalty, see § 95.99

§ 95.13	OPERATION WHILE INTOXICATED.
	(A)	A person who is under the influence of intoxicating liquor or a 
		controlled substance, as defined by Section 7104 of the Public Health 
		Code, Public Act 368 of 1978, as amended, being M.C.L.A. § 333.7104, or 
		a combination of intoxicating liquor and a controlled substance, shall 
		not operate, propel, or be in actual physical control of a vessel upon 
		the waters of the city. The owner of a vessel, or a person having 
		charge of or in control of a vessel, shall not knowingly authorize or 
		knowingly permit the vessel to be propelled or operated by a person who 
		is under the influence of an intoxicating liquor or a controlled 
		substance, or a combination of an intoxicating liquor and a controlled 
		substance. A violation of this division (A) is punishable as provided 
		in divisions (C) and (D) of this section.

	(B)	A peace officer may arrest a person without a warrant when the peace 
		officer has reasonable cause to believe that the person was, at the 
		time of an accident, the driver of a vessel involved in the accident 
		and was operating the vessel upon the waters of the city while under 
		the influence of intoxicating liquor or a controlled substance, or a 
		combination of an intoxicating liquor and a controlled substance or was 
		operating a vessel on the waters of the city while the person's ability 
		to operate a vessel was visibly impaired due to the consumption of 
		intoxicating liquor or a controlled substance or a combination of 
		intoxicating liquor and a controlled substance.

	(C)	A person who is convicted of a violation of division (A) is guilty of a 
		misdemeanor, punishable by imprisonment for not more than 90 days, or a 
		fine of not less than $100 nor more than $500, or both, together with 
		costs of the prosecution.

	(D)	Upon conviction of a person under this section, the court, in addition 
		to the penalty imposed under division (C) and as part of the sentence, 
		may order that the person not operate a vessel upon the waters of the 
		city for a period of not more than two years. The court may also order 
		the person to participate in an alcohol training program.
(Ord. 116, passed 7-25-90)  Penalty, see § 95.99

§ 95.14	BLOOD ALCOHOL TESTING.
	(A)	In a criminal prosecution for operating a vessel while under the 
		influence of intoxicating liquor, or for operating a vessel while 
		visibly impaired, the amount of alcohol in the operator's blood at the 
		time alleged as shown by chemical analysis of the person's blood, 
		urine, or breath shall be admissible into evidence. If a test is given, 
		the results of the test shall be made available to the person charged 
		or the person's attorney upon written request to the prosecution, with 
		a copy of the request filed with the court. The prosecution shall 
		furnish the report at least two days before the day of the trial and 
		the results shall be offered as evidence by the prosecution in a 
		criminal proceeding. Failure to fully comply with the request shall bar 
		the admission of the results into evidence by the prosecution. The 
		amount of alcohol in the operator's blood a the time alleged as shown 
		by chemical analysis of the person' blood, urine, or breath shall give 
		rise to the following presumptions:

		(1)	If there was at the time 0.07% or less by weight of alcohol in 
			the defendant's blood, it shall be presumed that the defendant 
			was not under the influence of intoxicating liquor.

		(2)	If there was at the time in excess of 0.07% but less than 0.10% 
			by weight of alcohol in the defendant's blood, it shall be 
			presumed that the defendant's ability to operate a vessel was 
			impaired within the provisions of Section 1073b due to the 
			consumption of intoxicating liquor.

		(3)	If there was at the time 0.10% or more by weight of alcohol in 
			the defendant's blood, it shall be presumed that the defendant 
			was under the influence of intoxicating liquor.

	(B)	A sample or specimen of urine or breath shall be taken and collected in 
		a reasonable manner. Only a licensed physician, or a licensed nurse or 
		medical technician under the direction of a licensed physician and 
		qualified to withdraw blood acting in a medical environment, at the 
		request of a peace officer, may withdraw blood for the purpose of 
		determining the alcoholic content of the blood under this chapter. 
		Liability for a crime or civil damages predicated on the act of 
		withdrawing blood and related procedures shall not attach to a 
		qualified person who withdraws blood or assists in the withdrawal in 
		accordance with this chapter unless the withdrawal is performed in a 
		negligent manner.

	(C)	A person charged with a crime enumerated in division (A) who takes a 
		chemical test administered at the request of a peace officer, as 
		provided in divisions (A) and (B), shall be informed that the person 
		will be given a reasonable opportunity to have a person of his or her 
		own choosing administer one of the chemical tests, as provided in this 
		section, within a reasonable time after his or her detention, and the 
		results of the test shall be admissible and shall be considered with 
		other competent evidence in determining the innocence or guilt of the 
		defendant. A person charged with a crime enumerated in division (A) who 
		is requested by the peace officer to take a chemical test as provided 
		in divisions (A) and (B) shall be informed that he or she has the right 
		to demand that one of the tests provided for in division (A) shall be 
		given him or her, and the results of the test shall be admissible and 
		shall be considered with other competent evidence in determining the 
		innocence or guilt of the defendant.

	(D)	The person charged shall be advised that the person may refuse to take 
		a test as provided in this section and, except as provided in § 
		95.16(B), that the refusal is admissible in evidence as provided in 
		division (G) of this section.

	(E)	This section shall not be construed as limiting the introduction of any 
		other competent evidence bearing upon the question of whether or not 
		the defendant was under the influence of intoxicating liquor.

	(F)	Notwithstanding any other provision of this chapter, a person requested 
		to take a test shall be advised that he or she has the option to demand 
		that only a breath test shall be given, in which case his or her 
		refusal to submit to another test shall not constitute a refusal.

	(G)	If a jury instruction regarding a defendant's refusal to submit to a 
		chemical test under this section is requested by the prosecution or the 
		defendant, the jury instruction shall be given as follows:

		"Evidence was admitted in this case which, if believed by the jury, 
		could prove that the defendant had exercised his or her right to refuse 
		a chemical test. You are instructed that such a refusal is within the 
		statutory rights of the defendant and is not evidence of the 
		defendant's guilt. You are not to consider such a refusal in 
		determining the guilt or innocence of the defendant."
(Ord. 116, passed 7-25-90)  Penalty, see § 95.99

§ 95.15	OPERATION WHILE VISIBLY IMPAIRED.
	(A)	A person shall not operate a vessel upon the waters of the city when, 
		due to the consumption of an intoxicating liquor, a controlled 
		substance, or a combination of an intoxicating liquor and a controlled 
		substance, the person has visibly impaired his or her ability to 
		operate the vessel. If a person is charged with violating § 95.13, a 
		finding of guilty is permissible under this section.

	(B)	A person convicted of a violation of this section is guilty of a 
		misdemeanor, punishable by imprisonment for not more than 90 days, or a 
		fine of not more than $300, or both, together with costs of the 
		prosecution.
(Ord. 116, passed 7-25-90)  Penalty, see § 95.99

§ 95.16	SUBMISSION AND CONSENT TO CHEMICAL TESTS.
	(A)	A person who operates a vessel upon the water of the city may be 
		requested by a peace officer to submit to chemical tests of his or her 
		blood, breath, or urine for the purpose of determining the alcoholic 
		content of his or her blood if:

		(1)	The person is arrested for a violation of §§ 95.13 or 95.15.

		(2)	The person is arrested for manslaughter resulting from the 
			operation of a vessel and the peace officer had reasonable 
			grounds to believe that the person was operating the vessel 
			while under the influence of intoxicating liquor, or while his 
			or her ability to operate the vessel was impaired due to the 
			consumption of intoxicating liquor.

	(B)	A person who is afflicted with hemophilia, diabetes, or a condition 
		requiring the use of an anticoagulant under the direction of a 
		physician and who refuses a chemical test shall not be considered to 
		have refused a chemical test if the test requires the withdrawal of 
		blood. This refusal is not admissible in evidence under § 95.14.

	(C)	A person who is requested pursuant to division (A) of this section to 
		take a chemical test shall be advised of the right to refuse to submit 
		to chemical tests; and if the person refuses the request of a peace 
		officer to submit to chemical tests, a test shall not be given without 
		a court order.
(Ord. 116, passed 7-25-90)  Penalty, see § 95.99

§ 95.17	NEGLIGENT OR RECKLESS OPERATION AND CONDUCT.
	(A)	A person operating or propelling a vessel upon the waters of the city 
		shall operate it in a careful and prudent manner and at such a rate of 
		speed so as not to endanger unreasonably the life or property of any 
		person. A person shall not operate any vessel at a rate of speed 
		greater than will permit him or her, in the exercise of reasonable 
		care, to bring the vessel to a stop within the assured clear distance 
		ahead. A person shall not operate a vessel in a manner so as to 
		interfere unreasonably with the lawful use of others of any waters of 
		the city.

	(B)	A person who operates any vessel upon any of the waters of the city 
		carelessly and heedlessly in disregard of the rights or safety of 
		others, or without due caution and circumspection and at a speed or in 
		a manner so as to endanger or be likely to endanger any person or 
		property, is guilty of reckless operation of a vessel and shall be 
		punished as provided in § 95.99. A person who navigates, steers, or 
		controls himself or herself while being towed on water skis, a water 
		sled, a surfboard or similar contrivances upon any of the waters of the 
		city carelessly and heedlessly in disregard of the rights or safety of 
		others, or without due caution and circumspection and in a manner so as 
		to endanger or be likely to endanger any person or property is guilty 
		of reckless operation of water skis, water sleds, surfboards or similar 
		contrivances.
(Ord. 116, passed 7-25-90)  Penalty, see § 95.99

§ 95.18	OPERATION IN OPEN AREAS; DISTANCE TO BE KEPT FROM DOCKS, 
	BATHING AREAS, AND THE LIKE.
	Persons operating vessels on the waters of the city in areas not marked by 
	well-defined channels, canals, rivers or stream courses shall operate in a 
	counterclockwise fashion insofar as it is reasonably possible. These persons 
	and persons being towed on water skis, water sleds, kites, surfboards or 
	similar contrivances shall maintain a distance of 100 feet from any dock, raft, 
	buoyed or occupied bathing area, or vessel moored or at anchor, except when the 
	vessel is proceeding at a slow-no wake speed or when water skiers are being 
	picked up or dropped off, if such operation is otherwise conducted with due 
	regard to the safety of persons and property and in accordance with the Marine 
	Safety Ordinance and the laws of the state.
(Ord. 116, passed 7-25-90)  Penalty, see § 95.99

§ 95.19	RESTRICTED AREAS.
	A person shall not operate a vessel on any of the waters of the city within a 
	lawfully authorized restricted area clearly marked by buoys, beacons or other 
	distinguishing devices as being prohibited to vessels.
(Ord. 116, passed 7-25-90)  Penalty, see § 95.99

§ 95.20	SKIING AND THE LIKE.
	(A)	Prohibition against nighttime skiing.  An operator of any vessel shall 
		not have in tow or otherwise be assisting in the propulsion of a person 
		on water skis, a water sled, a surfboard or other similar contrivance 
		during the period of one hour after sunset to one hour prior to 
		sunrise. Any person permitting himself or herself to be towed on water 
		skis, a water sled, a surfboard or a similar contrivance in violation 
		of any of the provisions of this chapter is guilty of a misdemeanor.

	(B)	Additional rules of operation.

		(1)	(a)	A person shall not operate on the waters of the city a 
				vessel having in tow or otherwise assisting a person on 
				water skis, a water sled, an aquaplane, a surfboard or 
				other similar contrivance, unless there is in the 
				vessel, in addition to the operator, at least one 
				competent person in a position to observe the progress 
				of the person being towed. An observer shall be 
				considered competent if he or she can, in fact, render 
				assistance if necessary.

			(b)	All motorboats engaged in the propulsion of a person on 
				water skis, a water sled, an aquaplane, a surfboard or 
				a similar contrivance shall be equipped with a 170° 
				wide-angle rear view mirror affixed in a manner as will 
				permit the operator to observe the progress of the 
				person being towed.

		(2)	The provisions of this subsection shall not apply to vessels 
			used by duly constituted ski schools in the giving of 
			instructions, or to vessels used in sanctioned ski tournaments, 
			competitions, expositions or trials therefor, or to motorboats 
			less than 16 feet in length actually operated by the person 
			being towed and so constructed as to be incapable of carrying 
			the operator in or on the motorboat.
(Ord. 116, passed 7-25-90)  Penalty, see § 95.99

§ 95.21	ONBOARD SAFETY.
	Any occupant or operator of any vessel underway on the waters of the city shall 
	not sit, stand or walk upon any portion of the vessel not specifically designed 
	for such purpose, except when immediately necessary for the safe and reasonable 
	navigation or operation of the vessel.
(Ord. 116, passed 7-25-90)  Penalty, see § 95.99

§ 95.22	DIVING AND SUBMERGED SWIMMING.
	Any person diving or submerging in any of the waters of the city with the aid 
	of a diving suit or other mechanical diving device shall place a buoy or boat 
	in the water at or near the point of submergence. The buoy or boat shall bear a 
	red flag not less than 14 inches by 16 inches with a 3½-inch white strip 
	running from one upper corner to a diagonal lower corner. The flag shall be in 
	place only while actual diving operations are in progress. A vessel shall not 
	be operated within 100 feet of a buoyed diver's flag unless it is involved in 
	tendering the diving operation. A person diving shall stay within a surface 
	area of 100 feet of the diver's flag.
(Ord. 116, passed 7-25-90)  Penalty, see § 95.99

§ 95.23	SANCTIONED BOAT RACES.
	The holding of regattas, motorboat or other boat races, marine parades, 
	tournaments, exhibitions or trials therefor on any waters of the city shall be 
	conducted pursuant to State Department of Natural Resources authorization given 
	under Public Act 303 of 1967, being M.C.L.A. § 281.1151.
(Ord. 116, passed 7-25-90)  Penalty, see § 95.99

§ 95.24	NO-WAKE ZONES.
	(A)	(1)	All words and phrases used in this subsection shall be 
			construed and have the same meanings as those words and 
			phrases defined in Public Act 303 of 1967, as amended, M.S.A. 
			18.1287(8).
		(2)	R281.770.9 Spring Lake; slow-no wake speed.

	RULE 9.	On the waters of Spring Lake adjacent to the City of Ferrysburg, 
		Village of Spring Lake, Spring Lake Township, Ottawa County, it is 
		unlawful for:

			a.	The operator of a vessel less than 26 feet in length to 
				exceed a slow-no wake speed when within 200 feet of
				any shore, dock, or pierhead.

			b.	The operator of a vessel 26 feet or more in length to 
				exceed a slow-no wake speed.

			(See R281.761.7 covering that portion of Spring Lake which lies 
			in Muskegon County.)

		(3)	R281.770.10  Spring Lake and connected waters; slow-no wake 
			speed.

	RULE 10.	It is unlawful for the operator of a vessel to exceed a slow-no 
			wake speed on the following described waters in the City of 
			Ferrysburg, Village of Spring Lake, Spring Lake Township, 
			Ottawa County:

			a.	Smith Bayou: On the waters of Smith Bayou, Section 9, 
				15 and 16, T8N, R16W, City of Ferrysburg, Ottawa 
				County, northwesterly of a line beginning where the 
				centerline of Reenders Street, as extended, intersects 
				the water's edge and thence southwesterly to the 
				nearest opposite shore.

			b.	The south end of Spring Lake described as:  from the 
				M-104 bridge, northeasterly 2500 feet and from the 
				Ferrysburg shore to the center of Spring Lake.
(Ord. 34, passed 5-22-74; Am. Ord. 34A, passed 4-28-76; Am. Ord. 52, passed 5-24-78;
Am. Ord. 70, passed 2-25-81)

	(B)	R 281.770.27  Spring Lake; slow-no wake speed zone.

	RULE 27.	On that portion of the waters of Spring Lake located within 
			Section 16, T8N, R16W City of Ferrysburg, Ottawa County, it is 
			unlawful for the operator of a vessel to exceed a slow-no wake 
			speed.
(Ord. 73, passed 7-22-81)

	(C)	Watercraft Control 70-96-001  Grand River; slow-no wake speed.

	On the waters of the Grand River, sections 16 and 17, Town 8 North, range 16 
	west, City of Ferrysburg, Ottawa County, State of Michigan, commencing on the 
	South line of section 17 at the shoreline of the Grand River, thence easterly 
	on the South line of section 17 to the center of the Grand River, thence 
	northeasterly along the centerline of the Grand River to a point 3,200 feet 
	downstream from the Grand Trunk (now CSX) railway bridge, thence Northerly to 
	the shoreline of the Grand River, thence westerly along the shoreline of the 
	Grand River to the South line of section 17, it is unlawful for the operator of 
	a vessel to exceed a slow-no wake speed.

	The boundaries of the area described immediately above shall be marked with 
	signs and with buoys. All buoys must be placed as provided in a permit issued 
	by the Department of Natural Resources and be in conformance with the State 
	Uniform Waterway Marking System.
(Ord. 160, passed 6-17-96)  Penalty, see § 95.99
ADMINISTRATION AND ENFORCEMENT

§ 95.30	DUTY TO OBEY PEACE OFFICER; ARREST WITHOUT WARRANT AUTHORIZED.
	(A)	The operator or person in charge of any vessel being used or operated 
		on the waters of the city, upon being hailed by any peace officer 
		empowered to enforce the provisions of this chapter, shall immediately 
		bring the vessel to a stop or maneuver it in such manner as will permit 
		the officer to come alongside. The operator or person in charge of the 
		vessel and any other person on board shall give his or her correct name 
		and address, exhibit the certificate of number awarded for the vessel, 
		submit to a reasonable inspection of the vessel and to a reasonable 
		inspection and test of the equipment of the vessel.

	(B)	A peace officer who observes any violation by any person of any of the 
		provisions of this chapter may forthwith arrest the person without a 
		warrant.
(Ord. 116, passed 7-25-90)

§ 95.31	PROCEDURES FOLLOWING ARREST.
	(A)	Appearance before court officer; when required.

		(1)	Whenever a person is arrested without a warrant for any 
			violation of this chapter, the arrested person shall be taken, 
			without unreasonable delay, before a magistrate or a district 
			court judge within the county in which the offense charged is 
			alleged to have been committed and who has jurisdiction of the 
			offense and is nearest or most accessible with reference to the 
			place where the arrest is made, in any of the following cases:

			(a)	when the person is arrested under Section 1073 or 
				Section 1073b;

			(b)	when a person is arrested under § 95.13(B).

		(2)	When in the existing circumstances it does not appear that 
			releasing the person pending the issuance of a warrant will 
			constitute a public menace, the arresting officer may proceed 
			in such cases as provided by subsection (B) below.

	(B)	Notice to appear in court in lieu of being taken before court officer; 
		when permitted; procedure.

		(1)	When a person is arrested without a warrant for any violation 
			of this chapter, under conditions not referred to in subsection 
			(A), the arresting officer shall prepare in duplicate a written 
			notice to appear in court containing the name and address of 
			the person, the offense charged, and the time and place when 
			and where the person shall appear in court. If the arrested 
			person so demands, he or she shall be taken before a magistrate 
			or a district court judge as provided in subsection (A) in lieu 
			of being given the notice.

		(2)	The time specified in the notice to appear shall be within a 
			reasonable time after the arrest unless the person arrested 
			demands an earlier hearing.

		(3)	The place specified in the notice to appear shall be before a 
			magistrate or a district court judge within the county in which 
			the offense charged is alleged to have been committed and who 
			has jurisdiction of the offense.

		(4)	Appearance may be made in person, by representation, or by 
			mail. When appearance is made by representation, or mail, the 
			magistrate or the district court judge may accept the plea of 
			guilty or not guilty for purposes of arraignment, with the same 
			effect as though the person personally appeared before him or 
			her. The magistrate or the district court judge, by giving 
			notice five days prior to the date of appearance, may require 
			appearance in person at the time and place designated in the 
			notice.

	(C)	Nonresidents.

		(1)	When a person not a resident of the state is arrested without a 
			warrant for any violation of this chapter under conditions not 
			referred to under subsection (A) above, the officer making the 
			arrest, upon demand of the arrested person, shall forthwith 
			take the person before a magistrate or a district court judge 
			in the vicinity to answer to the complaint made against him or 
			her. If a magistrate or a district court judge is not available 
			or an immediate trial cannot be had, the person arrested may 
			recognize to such officer for his or her appearance by leaving 
			with him or her a sum of money not to exceed $25.

		(2)	In all cases the officer making the arrest shall give a receipt 
			to the person arrested for the money so deposited with him or 
			her together with a written summons as provided in subsection 
			(B) above.

		(3)	If the offender fails to appear as required, the deposit shall 
			be forfeited as in other cases of default in bail, in addition 
			to any other penalty provided in this chapter.

		(4)	Every officer taking a deposit under this section within 48 
			hours thereafter shall deposit it with the magistrate or the 
			district court judge named in the notice to appear, together 
			with a report stating the facts relating to the arrest. Failure 
			to make the report and deposit the money is embezzlement of 
			public money.
(Ord. 116, passed 7-25-90)

§ 95.99  PENALTY.
	A violation of any of the provisions of this chapter (except where expressly 
	set forth otherwise) is a misdemeanor punishable as set forth in § 10.99.
(Ord. 116, passed 7-25-90)