557.31 ABANDONMENT OF JUNK VESSELS OR OUTBOARD MOTORS.

557.31 ABANDONMENT OF JUNK VESSELS OR OUTBOARD MOTORS.

Document typesection
Identifier557.31
Citation§ 557.31
Ordinances detectedS, 116-84, ER, 79-07, ERING, ERED, OF
Dates detectedApril 25, 1940
Original sourceAmerican Legal Publishing
Content hashb069119d6191a846de1aa8e0235bec44f3c934017efee9eebbaecdcb4fccc516

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2025-04 (current)
Sheffield Lake Overview
Codified Ordinances of Sheffield Lake, OH
CODIFIED ORDINANCES OF THE CITY OF SHEFFIELD LAKE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 116-84
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF SHEFFIELD LAKE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Watercraft
557.01 DEFINITIONS.
557.02 FLASHING LIGHTS PROHIBITED; EXCEPTIONS.
557.03 SIREN PROHIBITED; EXCEPTIONS.
557.04 REGULATIONS FOR OPERATION AND RENTAL OF POWERCRAFT OF MORE THAN TEN HORSEPOWER.
557.05 RESTRICTIONS ON CHILD OPERATORS; DUTY OF SUPERVISORY ADULT.
557.06 RECKLESS OPERATION.
557.07 UNSAFE CONDITIONS.
557.08 MARKING OF BATHING AND VESSEL AREAS.
557.09 MOORING PROHIBITED IN CERTAIN AREAS.
557.10 OPERATING UNDER INFLUENCE OF ALCOHOL OR DRUGS PROHIBITED.
557.11 IMPLIED CONSENT.
557.12 INCAPACITATED OPERATORS PROHIBITED.
557.13 FAILURE TO COMPLY WITH ORDER OF LAW ENFORCEMENT OFFICER; FLEEING AND ELUDING.
557.14 DUTY TO STOP OR GIVE WAY UPON APPROACH OF LAW ENFORCEMENT VESSEL.
557.15 WATER SKIING CONFINED TO SKI ZONES.
557.16 OBSERVER REQUIRED WHEN TOWING SKIER.
557.17 WATER SKIING AFTER DARK PROHIBITED.
557.18 PERSONAL FLOTATION DEVICE REQUIRED FOR TOWED PERSON.
557.19 SKI JUMPS PROHIBITED.
557.20 PERMIT FOR SPECIAL WATER EVENTS.
557.21 SALE OF SINGLE CELLED INFLATABLE VESSELS PROHIBITED.
557.22 SITTING, STANDING, WALKING ON MOVING VESSELS RESTRICTED.
557.23 ENGINE WARM-UP REQUIRED.
557.24 PERSONAL FLOTATION DEVICES FOR CHILDREN UNDER TEN.
557.25 OPERATION WITHOUT PERSONAL FLOTATION DEVICES PROHIBITED.
557.26 DISTRESS SIGNAL OR FLAG REQUIRED.
557.27 ANCHOR REQUIREMENTS.
557.28 SPECIFICATIONS FOR FIRE EXTINGUISHERS.
557.29 BACKFIRE FLAME CONTROL DEVICE REQUIRED.
557.30 VENTILATION REQUIREMENT ON POWERCRAFT.
557.31 ABANDONMENT OF JUNK VESSELS OR OUTBOARD MOTORS.
557.32 EXHAUST MUFFLER REQUIRED; NOISE LEVELS; EXCEPTIONS.
557.33 SAFETY EQUIPMENT ON RENTAL VESSELS.
557.34 CAPACITY PLATE.
557.35 DWELLINGS: SANITARY SYSTEMS.
557.36 PRIMA FACIE EVIDENCE OF NEGLIGENCE.
557.37 REQUIREMENTS FOR OPERATING PERSONAL WATERCRAFT.
557.38 LITTERING PROHIBITED.
557.39 NUMBERING.
557.40 REGISTRATION.
557.41 ALTERING OF SERIAL NUMBERS; FALSE INFORMATION PROHIBITED.
557.43 ENFORCEMENT.
557.44 HARBOR MASTER TO ENFORCE REGULATIONS.
557.45 CERTIFICATE OF TITLE; EXCEPTIONS.
557.46 MANUFACTURER'S OR IMPORTER'S CERTIFICATE.
557.47 PROHIBITIONS.
557.48 PERMANENTLY DISPLAYED HULL IDENTIFICATION NUMBER.
557.49 FIREARMS OFFENSES; SIGNALING DEVICES.
557.50 TAMPERING WITH NAVIGATION AID OR VESSEL PROHIBITED.
CHAPTER 561 Weeds and Grass
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
OH
Sheffield Lake
Codified Ordinances of Sheffield Lake, OH
557.31 ABANDONMENT OF JUNK VESSELS OR OUTBOARD MOTORS.
CHAPTER 557 Watercraft
557.27 ANCHOR REQUIREMENTS.
   (a)   All watercraft, except sailboats less than 16 feet long having a cockpit depth of less than 12 inches and except canoes, shall carry an anchor and line of sufficient weight and length to anchor the watercraft securely. The Chief of the Division of Watercraft, by rule, may exempt other types of watercraft from this section after determining that carrying such an anchor and line would constitute a hazard.
   (b)   No person shall operate or permit to be operated any watercraft on the waters of this Municipality in violation of this section.
   (c)   Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 79-07. Passed 11-13-07.)
557.28 SPECIFICATIONS FOR FIRE EXTINGUISHERS.
   (a)   Except those powercraft propelled by an electric motor and those less than 26 feet in length designed for use with an outboard motor, of open construction, and not carrying passengers, all powercraft shall carry fire extinguishers as prescribed in this section. The fire extinguishers shall be capable of extinguishing a burning gasoline fire, shall be so placed as to be readily accessible and in such condition as to be ready for immediate and effective use, and shall comply with minimum or higher standards for such extinguishers then prevailing as prescribed by the United States Coast Guard.
   (b)   Class A and Class 1 powercraft shall carry at least one B-1 fire extinguisher, Class 2 powercraft shall carry at least two B-1 fire extinguishers or at least one B-2 fire extinguisher. Class 3 powercraft shall carry at least three B-1 fire extinguishers, or at least one B-1 and one B-2 fire extinguisher. A B-1 fire extinguisher is one containing a minimum of 1-1/4 gallon foam, 4 pounds of carbon dioxide, 2 pounds dry chemical, 2-1/2 pounds halon, or other extinguishing material approved by the United States Coast Guard, in a quantity approved by the United States Coast Guard, for such use. A B-2 fire extinguisher is one containing a minimum of 2-1/2 gallons foam, 15 pounds carbon dioxide, 10 pounds dry chemical, 10 pounds halon, or another extinguishing material approved by the United States Coast Guard, in a quantity approved by the United States Coast Guard, for such use.
   (c)    No person shall operate or permit to be operated on the waters in this Municipality any powercraft that does not comply with this section.
   (d)    Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. (Ord. 79-07. Passed 11-13-07.)
557.29 BACKFIRE FLAME CONTROL DEVICE REQUIRED.
   (a)    Every gasoline engine installed in a vessel after April 25, 1940, except an outboard motor, shall be equipped with an acceptable device to control backfire flame. The device shall comply with all of the following:
      (1)    Be securely attached to the air intake with a flame-tight connection;
      (2)    Be in proper working order;
      (3)   Be Coast Guard approved or comply with either SAE J1928 or UL 1111;
      (4)    Be marked to indicate approval or compliance under division (a)(3) of this section.
   (b)    Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 79-07. Passed 11-13-07.)
557.30 VENTILATION REQUIREMENT ON POWERCRAFT.
   (a)    All powercraft using gasoline or other liquid fuel having a flashpoint of less than 110° F. shall be provided with ventilation as follows:
      (1)    At least two ventilators fitted with cowls or their equivalent for the purpose of properly and efficiently ventilating the bilges of every engine and fuel tank compartment in order to remove any inflammable or explosive gases;
      (2)    Any type of ventilating system approved for use by the United States Coast Guard;
      (3)    The ventilation of the boat is not required where the greater portion of the bilges of the engine and fuel tank compartment is open to the natural atmosphere.
   (b)    Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 79-07. Passed 11-13-07.)
557.31 ABANDONMENT OF JUNK VESSELS OR OUTBOARD MOTORS.
   (a)   Law Enforcement Official May Order Storage of Vessel or Outboard Motor Left on Private Property; Towing by Private Dock Owner.
      (1)    As used in this section:
         A.    "Law enforcement agency" means any organization or unit comprised of law enforcement officers, as defined in Ohio R.C. 2901.01.
         B.    "Vessel or outboard motor" excludes an abandoned junk vessel or outboard motor, as defined in division (d) of this section, or any watercraft or outboard motor under Ohio R.C. 4585.31.
      (2)    A.    The County Sheriff, Chief of Police, or other chief of a law enforcement agency, within the Sheriff’s or Chief’s respective territorial jurisdiction, upon complaint of any person adversely affected, may order into storage any vessel or outboard motor that has been left on private property, other than a private dock or mooring facility or structure, for at least 72 hours without the permission of the person having the right to the possession of the property. The Sheriff or Chief, upon complaint of the owner of a marine repair facility or place of storage, may order into storage any vessel or outboard motor that has been left at the facility or place of storage for a longer period than that agreed upon. The place of storage shall be designated by the Sheriff or Chief. When ordering a vessel or motor into storage under division (a)(2)A. of this section, a Sheriff or Chief, whenever possible, shall arrange for the removal of the vessel or motor by a private tow truck operator or towing company.
         B.    1.    Except as provided in division (a)(2)B.4. of this section, no person, without the consent of the owner or other person authorized to give consent, shall moor, anchor, or tie a vessel or outboard motor at a private dock or mooring facility or structure owned by another person if the owner has posted, in a conspicuous manner, a prohibition against the mooring, anchoring, or tying of vessels or outboard motors at the dock, facility, or structure by any person not having the consent of the owner or other person authorized to give consent.
            2.    If the owner of a private dock or mooring facility or structure has posted at the dock, facility, or structure, in a conspicuous manner, conditions and regulations under which the mooring, anchoring, or tying of vessels or outboard motors is permitted at the dock, facility, or structure, no person, except as provided in division (a)(2)B.4. of this section, shall moor, anchor, or tie a vessel or outboard motor at the dock, facility, or structure in violation of the posted conditions and regulations.
            3.    The owner of a private dock or mooring facility or structure may order towed into storage any vessel or outboard motor found moored, anchored, or tied in violation of division (a)(2)B. 1. or (a)(2)B.2. of this section, provided that the owner of the dock, facility, or structure posts on it a sign that states that the dock, facility, or structure is private, is visible from all entrances to the dock, facility, or structure, and contains all of the following information:
               a.    The information specified in division (a)(2)B.1. or (a)(2)B.2. of this section, as applicable;
                  b.    A notice that violators will be towed and that violators are responsible for paying the cost of the towing;
                  c.    The telephone number of the person from whom a towed vessel or outboard motor may be recovered, and the address of the place to which the vessel or outboard motor will be taken and the place from which it may be recovered.
               4.    Divisions (a)(2)B. 1. or (a)(2)B.2. of this section do not prohibit a person from mooring, anchoring, or tying a vessel or outboard motor at a private dock or mooring facility or structure if either of the following applies:
                  a.   The vessel or outboard motor is disabled due to a mechanical or structural malfunction, provided that the person immediately removes the vessel or outboard motor from the dock, facility, or structure when the malfunction is corrected or when a reasonable attempt has been made to correct it;
                  b.    Weather conditions are creating an imminent threat to safe operation of the vessel or outboard motor, provided that the person immediately removes the vessel or outboard motor from the dock, facility, or structure when the weather conditions permit safe operation of the vessel or outboard motor.
            5.    A person whose vessel or outboard motor is towed into storage under division (a)(2)B.3. of this section either shall pay the costs of the towing of the vessel or outboard motor or shall reimburse the owner of the dock or mooring facility or structure for the costs that the owner incurs in towing the vessel or outboard motor.
         C.    Subject to division (a)(3) of this section, the owner of a vessel or motor that has been removed under division (a)(2) of this section may recover the vessel or motor only in accordance with division (a)(6) of this section.
      (3)    If the owner or operator of a vessel or outboard motor that has been ordered into storage under division (a)(2) of this section arrives after the vessel or motor has been prepared for removal, but prior to its actual removal from the property, the owner or operator shall be given the opportunity to pay a fee of not more than one-half of the charge for the removal of vessels or motors under division (a)(2) of this section that normally is assessed by the person who has prepared the vessel or motor for removal, in order to obtain release of the vessel or motor. Upon payment of that fee, the vessel or motor shall be released to the owner or operator, and upon its release, the owner or operator immediately shall move it so that it is not on the private property without the permission of the person having the right to possession of the property, or is not at the facility or place of storage without the permission of the owner, whichever is applicable.
      (4)    The County Sheriff, Chief of Police, and each other chief of a law enforcement agency shall maintain a record of vessels or outboard motors that are ordered into storage under division (a)(2)A. of this section. The record shall include an entry for each such vessel or motor that identifies the vessel's hull identification number or serial number, if any, the vessel's motor's make, model, and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered. Any information in the record that pertains to a particular vessel or motor shall be provided to any person who, pursuant to a statement the person makes either in person or by telephone, is identified as the owner or operator of the vessel or motor and requests information pertaining to its location.
      (5)   Any person who registers a complaint that is the basis of a Sheriff’s or Chief’s order for the removal and storage of a vessel or outboard motor under division (a)(2)A. of this section shall provide the identity of the law enforcement agency with which the complaint was registered to any person who, pursuant to a statement the person makes, is identified as the owner or operator of the vessel or motor and requests information pertaining to its location.
      (6)   A.   The owner of a vessel or outboard motor that is ordered into storage under division (a)(2) of this section may reclaim it upon payment of any expenses or charges incurred in its removal, in an amount not to exceed two hundred dollars ($200.00), and storage, in an amount not to exceed five dollars ($5.00) per 24-hour period, and upon presentation of proof of ownership, which may be evidenced by a certificate of title to the vessel or motor, certificate of United States Coast Guard documentation, or certificate of registration if the vessel or motor is not subject to titling under Ohio R.C. 1548.01.
         B.    If a vessel or outboard motor that is ordered into storage under division (a)(2)A. of this section remains unclaimed by the owner for 30 days, the procedures established by divisions (b) and (c) of this section shall apply.
         C.   If a vessel or outboard motor ordered into storage under division (a)(2)B. of this section remains unclaimed for 72 hours after being stored, the tow truck operator or towing company that removed the vessel or outboard motor shall provide notice of the removal and storage to the County Sheriff, Chief of Police, or other chief of a law enforcement agency within whose territorial jurisdiction the vessel or outboard motor had been moored, anchored, or tied in violation of division (a)(2)B. of this section. The notice shall be in writing and include the vessel's hull identification number or serial number, if any, the vessel's or outboard motor's make, model, and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered.
            1.   Upon receipt of the notice, the Sheriff or Chief immediately shall cause a search to be made of the records of the Division of Watercraft to ascertain the owner and any lienholder of the vessel or outboard motor, and, if known, shall send notice to the owner and lienholder, if any, at the owner's and lienholder's last known address by certified mail, return receipt requested, that the vessel or outboard motor will be declared a nuisance and disposed of if not claimed not later than 30 days after the date of the mailing of the notice.
            2.   If the owner or lienholder makes no claim to the vessel or outboard motor within 30 days of the date of the mailing of the notice, the Sheriff or Chief shall file with the Clerk of Courts of the county in which the place of storage is located an affidavit showing compliance with the requirements of division (a)(6)C. of this section, and the vessel or outboard motor shall be disposed of in accordance with division (c) of this section.
      (7)   No person shall remove, or cause the removal of, any vessel or outboard motor from private property other than in accordance with division (a)(2) of this section or division (b) of this section.
   (b)    Storage of Vessel or Motor Left in Sunken, Beached, Drifting or Docked Condition; Notice; Affidavit; Salvage Certificate.
      (1)    The County Sheriff, Chief of Police, or other chief of a law enforcement agency, within his or her respective territorial jurisdiction, or a State highway patrol trooper, upon notification to the Sheriff or Chief of such action and of the location of the place of storage, may order into storage any vessel or outboard motor that has been left in a sunken, beached, or drifting condition for any period of time, or in a docked condition, on a public street or other property open to the public, or upon or within the right-of-way of any waterway, road, or highway, for 48 hours or longer without notification to the Sheriff or Chief of the reasons for leaving the vessel or motor in any such place or condition. The Sheriff or Chief shall designate the place of storage of any vessel or motor ordered removed by him or her.
      (2)   The Sheriff or Chief shall immediately cause a search to be made of the records of the Division of Watercraft to ascertain the owner and any lienholder of a vessel or outboard motor ordered into storage by the Sheriff or Chief, and, if known, shall send notice to the owner and lienholder, if any, at his or her last known address by certified mail, return receipt requested, that the vessel or motor will be declared a nuisance and disposed of if not claimed within 10 days of the date of mailing of the notice. The owner or lienholder of the vessel or motor may reclaim it upon payment of any expenses or charges incurred in its removal and storage, and presentation of proof of ownership, which may be evidenced by a certificate of title to the vessel or motor, certificate of United States Coast Guard documentation, or certificate of registration if the vessel or motor is not subject to titling under Ohio R.C. 1548.01.
      (3)    If the owner or lienholder makes no claim to the vessel or outboard motor within 10 days of the date of mailing of the notice, and if the vessel or motor is to be disposed of at public auction as provided in division (c) of this section, the Sheriff or Chief shall file with the Clerk of Courts of the county in which the place of storage is located an affidavit showing compliance with the requirements of this division (b). Upon presentation of the affidavit, the Clerk of Courts shall without charge issue a salvage certificate of title, free and clear of all liens and encumbrances, to the Sheriff or Chief and shall send a copy of the affidavit to the Chief of the Division of Watercraft. If the vessel or motor is to be disposed of to a marine salvage dealer or other facility as provided in division (c) of this section, the Sheriff or Chief shall execute in triplicate an affidavit, as prescribed by the Chief of the Division of Watercraft, describing the vessel or motor and the manner in which it was disposed of, and that all requirements of this division (b) have been complied with. The Sheriff or Chief shall retain the original of the affidavit for his or her records and shall furnish two copies to the marine salvage dealer or other facility. Upon presentation of a copy of the affidavit by the marine salvage dealer or other facility, the Clerk of Courts shall issue to such owner a salvage certificate of title, free and clear of all liens and encumbrances.
      (4)    Whenever the marine salvage dealer or other facility receives an affidavit for the disposal of a vessel or outboard motor as provided in this division (b), such owner shall not be required to obtain an Ohio certificate of title to the vessel or motor in his or her own name if the vessel or motor is dismantled or destroyed and both copies of the affidavit are delivered to the Clerk of Courts. Upon receipt of such an affidavit, the Clerk of Courts shall send one copy of it to the Chief of the Division of Watercraft.
   (c)    Disposal of Unclaimed Vessel or Motor.
      (1)   Unclaimed vessels or outboard motors ordered into storage under division (a)(2) of this section or division (b) of this section shall be disposed of at the order of the County Sheriff, the Chief of Police, or another chief of a law enforcement agency, in any of the following ways:
         A.    To a marine salvage dealer;
         B.    To any other facility owned, operated, or under contract with the State or the County, Municipality, Township, or other political subdivision;
         C.    To a charitable organization, religious organization, or similar organization not used and operated for profit;
         D.    By sale at public auction by the Sheriff, the Chief, or an auctioneer licensed under Ohio R.C. Chapter 4707, after giving notice of the auction by advertisement, published once a week for two consecutive weeks in a newspaper of general circulation in the County.
      (2)    Any moneys accruing from the disposition of an unclaimed vessel or motor that are in excess of the expenses resulting from the removal and storage of the vessel or motor shall be credited to the general revenue fund or to the general fund of the County, Municipality, Township, or other political subdivision, as appropriate.
      (3)   As used in this division (c), "charitable organization" has the same meaning as in Ohio R.C. 1716.01.
   (d)    Disposal of Abandoned Vessel or Motor.
      (1)    As used in this division and division (e) of this section:
         A.    "Abandoned junk vessel or outboard motor" means any vessel or outboard motor meeting all of the following requirements:
            1.   It has been left on private property for at least 72 hours without the permission of the person having the right to the possession of the property; left in a sunken, beached, or drifting condition for any period of time; or left in a docked condition, on a public street or other property open to the public, or upon or within the right-of-way of any waterway, road, or highway, for 48 hours or longer without notification to the County Sheriff, the Chief of Police, or other chief of a law enforcement agency having territorial jurisdiction with respect to the location of the vessel or motor, of the reasons for leaving the vessel or motor in any such place or condition;
            2.   It is three years old or older;
            3.   It is extensively damaged, such damage including but not limited to any of the following: missing deck, hull, transom, gunwales, motor, or outdrive;
            4.    It is apparently inoperable;
            5.   It has a fair market value of two hundred dollars ($200.00) or less.
         B.    "Law enforcement agency" means any organization or unit comprised of law enforcement officers, as defined in Ohio R.C. 2901.01.
      (2)    The County Sheriff, Chief of Police, or other chief of a law enforcement agency, within the Sheriff’s or Chief’s respective territorial jurisdiction, or a State highway patrol trooper, upon notification to the Sheriff or Chief of such action, shall order any abandoned junk vessel or outboard motor to be photographed by a law enforcement officer. The officer shall record the make of vessel or motor, the hull identification number or serial number when available, and shall also detail the damage or missing equipment to substantiate the value of two hundred dollars ($200.00) or less. The Sheriff or Chief shall thereupon immediately dispose of the abandoned junk vessel or outboard motor to a marine salvage dealer or other facility owned, operated, or under contract to the State, the County, Township, or Municipality for the destruction of such vessels or motors. The records and photographs relating to the abandoned junk vessel or outboard motor shall be retained by the law enforcement agency ordering the disposition of the vessel or motor for a period of at least two years. The law enforcement agency shall execute in quadruplicate an affidavit, as prescribed by the Chief of the Division of Watercraft, describing the vessel or motor and the manner in which it was disposed of, and that all requirements of this section have been complied with, and shall sign and file the same with the Clerk of Courts of the county in which the vessel or motor was abandoned. The Clerk of Courts shall retain the original of the affidavit for the Clerk's files, shall furnish one copy thereof to the Chief of the Division of Watercraft, one copy to the marine salvage dealer or other facility handling the disposal of the vessel or motor, and one copy to the law enforcement agency ordering the disposal, who shall file such copy with the records and photographs relating to the disposal. Any moneys arising from the disposal of an abandoned junk vessel or outboard motor shall be credited to the general revenue fund, or to the general fund of the County, Township, Municipality, or other political subdivision, as appropriate.
      (3)   Notwithstanding division (b) of this section, any vessel or outboard motor meeting the requirements of divisions (d)(1)A.3. to (d)(1)A.5. of this section which has remained unclaimed by the owner or lienholder for a period of 10 days or longer following notification as provided in division (b) of this section may be disposed of as provided in this division (d).
   (e)    Abandonment of Vessel or Motor Without Notice to Law Enforcement Official Prohibited.
      (1)   No person shall purposely leave an abandoned junk vessel or outboard motor on private property for more than 72 hours without the permission of the person having the right to the possession of the property; in a sunken, beached, or drifting condition for any period of time; or in a docked condition, on a public street or other property open to the public, or upon or within the right-of-way of any waterway, road, or highway, for 48 hours or longer without notification to the County Sheriff, Chief of Police or other chief of a law enforcement agency having territorial jurisdiction with respect to the location of the vessel or motor, of the reasons for leaving the vessel or motor in any such place or condition.
      (2)    For purposes of this division (e), the fact that an abandoned junk vessel or outboard motor has been so left without permission or notification is prima facie evidence of abandonment.
      (3)   Nothing in this section or Ohio R.C. 1547.30, 1547.301, and 1547.303 invalidates the provisions of any ordinance of the Municipality regulating or prohibiting the abandonment of vessels or outboard motors on waterways, beaches, docks, streets, highways, public property, or private property within the boundaries of the Municipality.
   (f)    Penalty.
      (1)   Whoever violates any provision of this section for which no penalty is otherwise provided is guilty of a minor misdemeanor.
      (2)    Whoever violates division (a)(7) of this section is guilty of a misdemeanor of the fourth degree.
      (3)   Whoever violates division (e) of this section guilty of a misdemeanor of the fourth degree and also shall be assessed any costs incurred by the State or a county, township, municipal corporation, or other political subdivision in disposing of an abandoned junk vessel or outboard motor, less any money accruing to the State, county, township, municipal corporation, or other political subdivision from that disposal.
         (Ord. 79-07. Passed 11-13-07.)
557.32 EXHAUST MUFFLER REQUIRED; NOISE LEVELS; EXCEPTIONS.
   (a)    Every powercraft operated on the waters in this Municipality shall be equipped at all times with a muffler or a muffler system that is in good working order, in constant operation, and effectively installed to prevent excessive or unusual noise.
   (b)    (1)    No person shall operate or give permission for the operation of a powercraft on the waters in this Municipality in such a manner as to exceed a noise level of 90 decibels on the "A" scale when subjected to a stationary sound level test as prescribed by SAE J2005.
      (2)    No person shall operate or give permission for the operation of a powercraft on the waters in this Municipality in such a manner as to exceed a noise level of 75 decibels on the "A" scale measured as specified by SAE J1970. Measurement of a noise level of not more than 75 decibels on the "A" scale of a powercraft in operation does not preclude the conducting of a stationary sound level test as prescribed by SAE J2005.
   (c)   No person shall operate or give permission for the operation of a powercraft on the waters in this Municipality that is equipped with an altered muffler or muffler cutout, or operate or give permission for the operation of a powercraft on the waters in this Municipality in any manner that bypasses or otherwise reduces or eliminates the effectiveness of any muffler or muffler system installed in accordance with this section, unless the applicable mechanism has been permanently disconnected or made inoperable.
   (d)    No person shall remove, alter, or otherwise modify in any way a muffler or muffler system in a manner that will prevent it from being operated in accordance with this section.
   (e)    No person shall manufacture, sell, or offer for sale a powercraft that is not equipped with a muffler or muffler system that prevents noise levels in excess of those established in division (b)(l) of this section.
   (f)    This section does not apply to any of the following:
      (1)    A powercraft that is designed, manufactured, and sold for the sole purpose of competing in racing events. The exception established under this division (f)(l) shall be documented in each sale agreement and shall be acknowledged formally by the signatures of the buyer and the seller. The buyer and the seller shall maintain copies of the sale agreement. A copy of the sale agreement shall be kept aboard the powercraft when it is operated. A powercraft to which the exception established under this division (f)(l) applies shall be operated on the waters in this Municipality only in accordance with division (f)(2) of this section.
      (2)    A powercraft that is actually participating in a sanctioned racing event or in tune-up periods for a sanctioned racing event on the waters in this Municipality and that is being operated in accordance with this division (f)(2). For the purposes of this division (f)(2), a sanctioned racing event is a racing event that is conducted in accordance with Section 557.20 or Ohio R.C. 1547.20 or that is approved by the United States Coast Guard. The operator of a powercraft that is operated on the waters in this Municipality for the purpose of a sanctioned racing event shall comply with Section 557.20 and Ohio R.C. 1547.20 and requirements established under it or with requirements established by the Coast Guard, as appropriate. Failure to comply subjects the operator to this section.
      (3)   A powercraft that is being operated on the waters in this Municipality by or for a boat or engine manufacturer for the purpose of testing, development, or both and that complies with this division (f)(3). The operator of such a powercraft shall have aboard at all times and shall produce on demand of a law enforcement officer a current, valid letter issued by the Chief of the Division of Watercraft in accordance with rules adopted under Ohio R.C. 1547.31(I)(1). Failure to produce the letter subjects the operator to this section.
   (g)    A law enforcement officer who is trained in accordance with rules adopted under Ohio R.C. 1547.31(I)(2) and who has reason to believe that a powercraft is not in compliance with the noise levels established in this section may direct the operator of the powercraft to submit it to an on-site test to measure the level of the noise emitted by the powercraft. The operator shall comply with that direction. The officer may remain aboard the powercraft during the test at the officer's discretion. If the level of the noise emitted by the powercraft exceeds the noise levels established in this section, the officer may direct the operator to take immediate and reasonable measures to correct the violation, including returning the powercraft to a mooring and keeping it at the mooring until the violation is corrected or ceases.
   (h)    A law enforcement officer who conducts powercraft noise level tests pursuant to this section shall be trained to do so in accordance with rules adopted under Ohio R.C.1547.31(I)(2).
   (i)    Whoever violates this section is guilty of a misdemeanor of the fourth degree on a first offense. On each subsequent offense, the person is guilty of a misdemeanor of the third degree. (Ord. 79-07. Passed 11-13-07.)
557.33 SAFETY EQUIPMENT ON RENTAL VESSELS.
   (a) No person who lets vessels for hire, or the agent or employee thereof, shall rent, lease, charter, or otherwise permit the use of a vessel, unless the person provides the vessel with the equipment required under Ohio R.C. 1547.25, 1547.251, 1547.26, 1547.27, 1547.28, 1547.29, and 1547.31, or any substantially similar municipal ordinances, and rules adopted under Ohio R.C. Chapter 1547 regarding the equipment of vessels, and complies with the requirements of Ohio R.C. 1547.24,1547.40, 1547.53, 1547.57, and either 1547.54 or 1547.542, or any substantially similar municipal ordinances, and rules adopted under Ohio R.C. Chapter 1547 to implement and enforce those sections.
   (b)    Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 79-07. Passed 11-13-07.)
557.34 CAPACITY PLATE.
   (a)    Required; Display.
      (1)    No person, after January 1,1977, shall manufacture, sell, or offer for sale any watercraft propelled by machinery as its principal source of power, or watercraft designed to be manually propelled, less than 20 feet in length, and designed to carry two or persons, manufactured after that date, unless a capacity plate containing the correct information, as prescribed by regulations adopted by the United States Coast Guard, is firmly attached to the watercraft. The capacity plate shall be attached in such a location that it is clearly legible from the position designed or intended to be occupied by the operator when the watercraft is underway.
      (2)   No person shall operate or permit to be operated on the waters in this Municipality watercraft for which a capacity plate is required under this section unless the capacity plate is attached.
      (3)   No person shall alter, remove, or deface any information contained on the capacity plate unless the manufacturer has altered the watercraft in such a way that would require a change in the information contained on the capacity plate.
      (4)   As used in this division (a), “manufacture” means to construct or assemble a watercraft, or to alter a watercraft in such a manner as to affect or change its weight capacity or occupant capacity.
   (b)   Prohibitions.
      (1)   No person shall operate or permit to be operated on the waters in this Municipality a watercraft to which a capacity plate is attached if the total load exceeds the weight capacity indicated on the capacity plate, if the number of persons aboard exceeds the occupant capacity indicated on the capacity plate, or if the horsepower of any attached outboard motor exceeds the maximum horsepower indicated on the capacity plate.
      (2)   When no capacity plate exists, no person shall operate or permit to be operated on the waters in this Municipality a watercraft if a reasonably prudent person would believe that either of the following circumstances applies:
         A.   The total load aboard the watercraft has associated with it a risk of physical harm to persons or property;
         B.    The total horsepower of any inboard engine or attached outboard motor has associated with it a risk of physical harm to persons or property.
   (c)    Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree.
(Ord. 79-07. Passed 11-13-07.)

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Created 2026-07-18 21:37:52 UTC by MunicipalWiki Indexer
Updated 2026-07-18 21:37:52 UTC by MunicipalWiki Indexer